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Item No: GB.1 |
Ordinary Meeting of Council
TO BE HELD ON Tuesday, 26 February 2013 AT 7.00pm
Level 3 Council Chambers
Agenda
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NOTE: For Full Details, See Council’s Website –
www.kmc.nsw.gov.au under the link to business papers
DECLARATIONS OF INTEREST
Confirmation of Reports to be Considered in Closed Meeting
Address the Council
NOTE: Persons who address the Council should be aware that their address will be tape recorded.
Documents Circulated to Councillors
CONFIRMATION OF MINUTEs
Minutes of Ordinary Meeting of Council 9
File: S02131
Meeting held 5 February 2013
Minutes numbered 01 to 19
minutes from the Mayor
MM.1 2013 Australia Day Honours and Citizen of the Year Awards 54
File: S07765/4
I am pleased to inform you that 10 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2013 Australia Day Honours.
We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.
I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf Council, congratulate them on their excellent contributions to Australian society.
Philip BELL OAM of Wahroonga, for service to education, and to the community
Eftihia BLAND OAM of Turramurra, for service to the community through charitable organisations
Brian BOETTCHER AM of Wahroonga, for significant service to psychiatry as a clinician and educator
Stuart BOLAND AM of Killara, for significant service to medicine through leadership roles in professional organisations, and as a surgeon and educator
Brian BOYLE PSM (post-nominal) of West Pymble, for outstanding public service to Australian astronomy and for leadership of the Australian team bidding to host the international Square Kilometre Array facility
Ewen CROUCH AM of Roseville, for significant service to the law as a contributor to legal professional organisations, and to the community through executive roles with Mission Australia
Robert GEYER PSM (post-nominal) of EAST LINDFIELD, for outstanding public service to the development of the Chemical Analysis Branch, TestSafe Australia
Ronald HEINRICH AM of St Ives, for significant service to the law, and to the legal profession
Patrick MACMILLAN OAM of Wahroonga, for service to the community through Alzheimer’s Australia New South Wales
Pasquale PEDULLA OAM of Gordon, for service to the community through multicultural and aged care organisations.
I also congratulate Ku-ring-gai’s Citizen of the Year winners for 2013:
Citizen of the Year - Rohit Ralli
Young Citizen of the Year - Emma Gavaghan
Outstanding Service to the Community - Ian Eastman
Ku-ring-gai Environmental Award (individual) - Marjorie and Rolf Beck
Ku-ring-gai Environmental
Award (group) - The Australian Plant Society -
North
Shore Group
Ku-ring-gai Heritage Award - Kathie Rieth
On behalf of Council, I congratulate all these award winners on their outstanding achievements.
Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.
Petitions
GENERAL BUSINESS
i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.
ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.
GB.1 Model Code of Conduct 56
File: S06339
To adopt the new model Code of Conduct.
Recommendation:
That the latest version of the model Code of Conduct be adopted.
GB.2 Code of Meeting Practice 84
File: S02211
To consider a revised draft Code of Meeting Practice.
Recommendation:
That the revised Code of Meeting Practice be endorsed for placing on public exhibition in accordance with s.361 of the Local Government Act 1993.
GB.3 Privacy Management Plan 209
File: S05981
To adopt a revised Privacy Management Plan.
Recommendation:
That the revised Privacy Management Plan be adopted.
GB.4 2013 National General Assembly of Local Government - Call for Motions 281
File: S03788
To consider an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2013 National General Assembly of Local Government.
Recommendation:
That Councillors consider whether they propose to submit any motions to the Conference and supply those to the General Manager by Friday, 22 March 2013 who will provide a further report to Council prior to the deadline.
GB.5 Committee on Electoral Matters Inquiry into the 2012 Local Government Elections 297
File: S08820
To consider the comments received by Councillors in response to an invitation from the Parliament of NSW Joint Standing Committee on Electoral Matters to make a submission to the Inquiry into the 2012 Local Government Elections.
Recommendation:
That Council’s submission to the Joint Standing Committee on Electoral Matters in regards to the conduct of the 2012 local government elections include the comments contained within this report.
GB.6 Update on Constitutional Recognition for Local Government 313
File: S09137
To provide Councillors an update from the Australian Local Government Association in regards to the possible referendum to recognise local government in the Constitution.
Recommendation:
That council receive and note the report.
GB.7 Australian Local Government Women's Association (NSW) 59th Annual Conference March 2013 318
File: S02815
To advise Councillors of the Australian Local Government Women’s Association (NSW) Annual Conference to be held in Gosford on 14-16 March 2013.
Recommendation:
That any Councillors interested in attending the Australian Local Government Women’s Association (NSW) Annual Conference in Gosford on 14-16 March 2013 advise the General Manager by 12 noon Thursday, 28 February 2013.
GB.8 Tender T66/2012 - Investment Advisory Services 331
File: S05273
To report on the outcome of the Tender for provision of Investment Advisory Services.
Recommendation:
That Council accepts the Tender from Structured Credit Research & Advisory Pty Ltd to provide investment advisory services.
GB.9 Investment Report As At 31 January 2013 336
File: S05273
To present to Council investments portfolio performance for January 2013.
Recommendation:
That the summary of investments performance for January 2013 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.
GB.10 Analysis of Land & Environment C ourt Costs - 2nd Quarter, 2012 to 2013 345
File: S05273
To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2012.
Recommendation:
That the analysis of Land and Environment Court costs for the six months to 31 December 2012 be received and noted.
GB.11 2012 to 2013 Budget Review - 2nd Quarter ended December 2012 355
File: FY00467/2
To inform Council of the results of the second quarter budget review for 2012/13 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2012 to 31 December 2012.
Recommendation:
That Council receive and note the December 2012 Quarterly Budget Review; and that the recommended changes to the 2012/13 Budget be adopted.
GB.12 28 Wolseley Road Lindfield - Supplementary Report 380
File: DA0363/12
To determine development application DA0363/12 for alterations and additions to an existing dwelling including the construction of a cabana.
Recommendation:
That the application be refused.
GB.13 Update Report on the Development Contributions System 402
File: S06785/2
The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system in 2012 and anticipated highlights for 2013 and further into the future.
Recommendation:
That the information in this report be received and noted and that Council approves the divestment of 4 William Street, Turramurra.
GB.14 Draft Local Centres Development Control Plan for exhibition 415
File: CY00054/5
To consider the draft of the Ku-ring-gai Local Centres Development Control Plan for public exhibition.
Recommendation:
That Council endorse the draft Ku-ring-gai (Local Centres) DCP for public exhibition.
GB.15 Road Asset Management Plan 429
File: S08989
For Council to consider the revised draft Asset Management Plan for roads
Recommendation:
That Council adopt the revised Road Asset Management Plan
GB.16 Woodford Lane, Lindfield - Commuter car park 534
File: S09530
To seek the approval of Council to enter into a Project Delivery Agreement with Transport for NSW (TfNSW) for the Woodford Lane, Lindfield Commuter Car Parking Project.
Recommendation:
That Council authorise the General Manager and/or his delegate to negotiate the development of a Heads of Agreement for the Lindfield Commuter Car Parking Project and that Council authorise the General Manager to execute the legal document, to affix the Council Seal and to execute all necessary documentation, resulting from the development of the final Heads of Agreement.
GB.17 Update to Contributions Plan Catchment Mapping to reflect Ku-ring-gai Local Environmental Plan (Local Centres) 2012 548
File: S06785/3
It is important that all Ku-ring-gai’s key planning documents operate on the same maps and catchment areas. The gazettal of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 triggers the need for minor adjustments to the catchment mapping boundaries of Ku-ring-gai Contributions Plan 2010 to ensure consistency.
Recommendation:
That the amended catchment maps for Ku-ring-gai Contributions Plan 2010 be placed on public exhibition for a minimum period of 28 days.
GB.18 Proposal By Hornsby Shire Council for local Government Boundary Adjustment 560
File: S02137
To advise Council of a request from Hornsby Shire Council to enter into discussions regarding a boundary adjustment around Waratah Way and Mount Pleasant Avenue in Normanhurst, located within the Ku-ring-gai local government area.
Recommendation:
That Council notes the request from Hornsby Shire Council to enter into discussions regarding a boundary adjustment and that the General Manager write to Hornsby Shire Council to advise that Council does not wish to enter into discussions on boundary adjustments at this stage
GB.19 Tender T68/2012 - Sports Field Lighting 2013 586
File: S09536
To consider the tenders received for the supply and installation of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground and appoint the preferred tenderer.
Recommendation:
That Council accepts the tender from Smada Electrical Services Pty Ltd for the supply and installation of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground.
Extra Reports Circulated to Meeting
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
Questions Without Notice
Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS
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MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 5 February 2013
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Present: |
The Mayor, Councillor E Malicki (Chairperson) (Comenarra Ward) Councillor J Pettett (Comenarra Ward) Councillors D Citer & C Szatow (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillors J Anderson & D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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Staff Present: |
General Manager (John McKee) Director Development & Regulation (Michael Miocic) Director Operations (Greg Piconi) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Acting Director Corporate (John Giovinazzo) Acting Manager Finance (Angela Apostol) Manager Records & Governance (Matt Ryan) Minutes Secretary (Sigrid Banzer) |
The Meeting commenced at 7.00pm
The Mayor offered the Prayer
The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
No Interest was declared.
The following members of the public addressed Council on items not on the Agenda:
M Frost
A Powell
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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e-mail Memorandum: |
Report and Attachments
Withdrawn: Refer GB.11 - Draft
Local Centres Development Control Plan for exhibition - |
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Memorandums: |
Refer GB.8 - Draft Abandoned Shopping Trolley Policy - Memorandum by the Manager Compliance and Regulation dated 29 January 2013 with attached written submissions received.
Refer GB.11 - Draft Local Centres Development Control Plan for exhibition - Memorandum by Director Strategy and Environment dated 5 February 2013 with a revised recommendation for the Meeting item. |
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10 |
Draft Local Centres Development Control Plan for exhibition
File: CY00054/5 Vide: GB.11
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For Council to consider the draft of the Ku-ring-gai Local Centres Development Control Plan (Attachment 1) for public exhibition.
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(Moved: Councillors McDonald/Anderson)
That consideration of the draft Local Centres Development Control Plan for exhibition be deferred to a Council meeting in March 2013, or earlier if possible.
CARRIED UNANIMOUSLY |
Standing Orders were suspended to deal with items
where there are speakers first after a
Motion moved by Councillors Szatow and McDonald
was CARRIED UNANIMOUSLY
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11 |
Draft Abandoned Shopping Trolley Policy
File: S02668 Vide: GB.8
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The following member of the public addressed Council:
R Johnson
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To present to Council the proposed Abandoned Shopping Trolley Policy.
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(Moved: Councillors Berlioz/Armstrong)
A. That the draft Abandoned Shopping Trolley Policy be amended as follows:
- page 160: addition of a further dot point:
“Bays should be sufficient in number to encourage easy trolley return by customers”
- page 161: addition of a further dot point:
“A map and written schedule of surveillance and collection schedules detailing abandoned trolley services around the local town centres and neighbouring residential areas is to be supplied. This service map and schedule to be reviewed and updated, at least on an annual basis. In particular, the schedule of surveillance and collection should detail the style of service to be offered and the relevant contact details of service provider. Particular attention should be given to those areas known to regularly attract abandoned trolleys, such areas are to be provided with a service at least every 24 hours.”
B. That the draft Abandoned Shopping Trolley Policy as amended above to the report be adopted by Council.
C. That Council meet with local supermarket managers, advise them of our policy to deal with abandoned shopping trolleys and seek their voluntary adoption of a suitable shopping trolley management plan that would assist in curtailing the problem.
D. That all persons who made submissions be notified of Council’s decision.
E. That Council make representations to the State Government on the matter.
F. That Council put a motion to the LGSA with regard to the handling of abandoned shopping trolleys.
CARRIED UNANIMOUSLY
The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:
(Moved: Councillors Anderson/Szatow
A. That the draft Abandoned Shopping Trolley Policy be amended as follows:
- page 160: addition of a further dot point:
“Bays should be sufficient in number to encourage easy trolley return by customers”
- page 161: addition of a further dot point:
“A map and written schedule of surveillance and collection schedules detailing abandoned trolley services around the local town centres and neighbouring residential areas is to be supplied. This service map and schedule to be reviewed and updated, at least on an annual basis. In particular, the schedule of surveillance and collection should detail the style of service to be offered and the relevant contact details of service provider. Particular attention should be given to those areas known to regularly attract abandoned trolleys, such areas are to be provided with a service at least every 24 hours.”
- addition of:
“That Council seek to provide educational information to the community to encourage the purchase of portable trolleys to own themselves”
B. That the draft Abandoned Shopping Trolley Policy as amended above to the report be adopted by Council.
C. That Council meet with local supermarket managers, advise them of our policy to deal with abandoned shopping trolleys and seek their voluntary adoption of a suitable shopping trolley management plan that would assist in curtailing the problem.
D. That all persons who made submissions be notified of Council’s decision.
E. That Council make representations to the State Government on the matter.
F. That Council put a motion to the LGSA with regard to the handling of abandoned shopping trolleys.
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12 |
Committee on Electoral Matters Inquiry into the 2012 Local Government Elections
File: S08820 Vide: GB.4
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To consider the invitation from the Parliament of NSW Committee on Electoral Matters to make a submission to the Inquiry into the 2012 Local Government Elections.
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(Moved: Mayor, Councillors Malicki/McDonald)
A. That Council does lodge a submission to the Committee.
B. That Councillors provide any comments for possible inclusion into the submission to the General Manager by Friday, 8 February 2013.
C. That a further report containing the draft submission be referred to the Ordinary Meeting of Council to be held on the 26 February 2013 for endorsement by Council before being referred to the Committee.
CARRIED UNANIMOUSLY
The above Resolution was subject to a Motion which was LOST. The Lost Motion was:
(Moved: Councillors Anderson/Ossip
A. That Council make a submission to the Committee.
B. That Councillors provide any comments for possible inclusion into the submission to the General Manager by Friday, 8 February 2012.
C. That Council also endeavours to contact other candidates for the election and recently retired Councillors so that they may have some input.
D. That a further report containing the draft submission be referred to the Ordinary Meeting of Council to be held on the 26 February 2013 for endorsement by Council before being referred to the Committee.
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13 |
Review of Financial Assistance Grants - Request for Contribution of Funds
File: S06748/3 Vide: GB.6
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To consider the request from Sutherland Shire Council to a number of Councils for a financial contribution to engage expertise by the way of a consultant to prepare a submission on behalf of the involved Councils to the review of Financial Assistance Grants (FAGs) being held by the Commonwealth Grants Commission.
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(Moved: Councillors Szatow/Berlioz)
That Council contribute to this request for financial support from Sutherland Shire Council to engage the services of a consultant to prepare a submission to the Commission on the review of Financial Assistance Grants.
CARRIED UNANIMOUSLY |
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14 |
9 Wonga Wonga Street Turramurra - Demolish Existing Dwelling and Construct a Development containing 10 Self Care Apartments over Basement Parking - SEPP (Housing for Seniors or People with A Disability) 2004
File: DA0385/12 Vide: GB.10
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Demolish existing dwelling and construct a development containing 10 self care apartments over basement parking – SEPP (Housing for Seniors or People with A Disability) 2004.
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(Moved: Councillors Anderson/Councillor McDonald)
PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
THAT the Council, as the consent authority, grant development consent to DA0385/12 for demolition of an existing dwelling and associated structures and construction of a development comprising 10 self care apartments over basement parking pursuant to SEPP (Housing for Seniors or People with a Disability) 2004 on land at 9 Wonga Wonga Street, Turramurra, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:
Conditions that identify approved plans:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
2. Inconsistency between documents
In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to demolition, excavation or construction:
3. Road opening permit
The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.
Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.
4. Notice of commencement
At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.
Reason: Statutory requirement.
5. Notification of builder’s details
Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
Reason: Statutory requirement.
6. Dilapidation survey and report (public infrastructure)
Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:
Public infrastructure
· Full road pavement width, including kerb and gutter, of Wonga Wonga Street over the site frontage, including the full intersection. · All driveway crossings and laybacks opposite the subject site.
The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.
The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.
Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.
Reason: To record the structural condition of public infrastructure before works commence.
7. Photographic archival recording
The existing house, the site and its streetscape context and relationship to adjoining properties shall be photographically recorded.
Reason: To ensure the proper management of historical artefacts to ensure their preservation.
8. Dilapidation survey and report (private property)
Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:
The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.
In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.
Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.
Reason: To record the structural condition of likely affected properties before works commence.
9. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (TMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The TMP applies to all persons associated with demolition, excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
· Demolition · Excavation · Concrete pour · Construction of vehicular crossing and reinstatement of footpath · Traffic control for vehicles reversing into or out of the site.
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
When a satisfactory TMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines will be issued for any non-compliance with this condition.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
10. Work zone
A works zone shall be provided along the site frontage. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.
If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.
Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
11. Sediment controls
Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.
The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.
Reason: To preserve and enhance the natural environment.
12. Erosion and drainage management
Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.
Reason: To preserve and enhance the natural environment.
13. Tree protection fencing
To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Reason: To protect existing trees during the construction phase.
14. Tree protection fencing excluding structure
To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved (existing driveway or basement to Block B) shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site:
Reason: To protect existing trees during the construction phase.
15. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
16. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
17. Ground protection – avoiding soil compaction
To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the canopy of the following tree/s is/are installed:
Reason: To protect existing trees during the construction phase.
18. Tree fencing inspection
Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.
Reason: To protect existing trees during the construction phase.
Conditions to be satisfied prior to the issue of the construction certificate:
19. Amendments to approved landscape plans
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The following changes are required to the Landscape Plan:
1. To reduce the bulk of the new building, three (3) additional small ornamental trees, such as Lagerstroemia indica (Crepe Myrtle) or similar, shall be shown planted in the eastern boundary planting bed, evenly spaced along the eastern elevation of Building A.
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.
Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.
Reason: To ensure adequate landscaping of the site.
20. Removal of existing tennis court fencing
All fencing associated with the existing tennis court is to be removed.
Reason: The proposal involves the removal of the tennis court, accordingly no further purpose is served in retaining the tennis court fencing.
21. Amendments to approved environmental site management plan
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved environmental site management plan, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The following changes are required to the environmental site management plan:
1) Tree protection fencing location to be amended in accordance with conditions of consent
2) All notes regarding tree protection measures, including location and type of fencing or ground protection, shall be amended or deleted in accordance with the conditions of consent.
3) All proposed stockpiles and site sheds are to be shown located outside the tree protection zone of trees to be retained.
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the environmental site management plan has been amended as required by this condition.
Reason: To ensure the protection of trees.
22. Long service levy
In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.
Reason: Statutory requirement.
23. Builder’s indemnity insurance
The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifying Authority for endorsement of the plans accompanying the Construction Certificate.
It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).
Reason: Statutory requirement.
24. Access for people with disabilities (residential)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.
Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.
Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.
25. Stormwater management plan
Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on Stormwater Management Plans Drawing No. 1328 S1 – S4 Rev. 'E', dated 12 September 2012, prepared by John Romanous & Associates Pty Ltd and must include the following detail:
· exact location and reduced level of discharge point to the public drainage system · Layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders, pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence) · location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided · specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Ku-ring-gai Council Development Control Plan 47 and/or BASIX commitments · details of the required on-site detention tanks required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements) · the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage (refer appendix 7.1.1 of Development Control Plan 47 for design)
The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.
Reason: To protect the environment.
26. Stormwater detention
Prior to the issue of a Construction Certificate, the Principal Certifying Authority is to be satisfied that an on-site stormwater detention system must be provided to control the rate of runoff leaving the site. The minimum volume of the required on-site detention system must be determined in accordance with Chapter 6 of the Ku-ring-gai Council Water Management Development Control Plan 47 - having regard to the specified volume concession offered in lieu of installing rainwater retention tanks. The on-site detention system must be designed by a qualified civil/hydraulic engineer and must satisfy the design controls set out in Appendix 5 of DCP 47.
Reason: To protect the environment.
27. Excavation for services
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.
Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.
Reason: To ensure the protection of trees.
28. Recycling and waste management
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with DCP 40. The garbage collection point is to be accessible by Council’s Waste Collection Services.
The responsibility for:
· the cleaning of waste rooms and waste service compartments; and · the transfer of bins within the property, and to the collection point once the development is in use;
shall be determined when designing the system and clearly stated in the Waste Management Plan.
Note: The architectural plans are to be amended and provided to the Certifying Authority.
Reason: Environmental protection.
29. Noise from plant in residential zone
Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm –6.00 am) when measured at the boundary of the site.
C1. Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.
Reason: To comply with best practice standards for residential acoustic amenity.
30. Location of plant
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.
C1. Note: Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.
Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.
31. Driveway crossing levels
Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993. All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".
Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.
This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.
The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.
Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.
32. Driveway grades – basement carparks
Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:
· vehicular access can be obtained using grades of 20% (1 in 5) maximum and · all changes in grade (transitions) comply with Australian Standard 2890.1 –“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.
If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.
Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.
33. Basement car parking details
Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:
· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 – 2004 “Off-street car parking” · a clear height clearance of 2.6 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement · no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area · the dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Senior Living relating to height clearances and space dimensions · the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans
Reason: To ensure that parking spaces are in accordance with the approved development.
34. Drainage of paved areas
All new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.
Reason: To control surface run off and protect the environment.
35. Vehicular access and garaging
Driveways and vehicular access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 – 2004 “Off-Street car parking”. Details are to be provided to and approved by the Certifying Authority prior to the issue of the Construction Certificate.
Reason: To ensure that parking spaces are in accordance with the approved development.
36. Design of works in public road (Roads Act approval)
Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Wonga Wonga Street and Boomerang Street:
· Design details of the footpath on the opposite side of the road down to the intersection of Wonga Wonga Street and Ku-ring-gai Avenue · Pathway / pram ramp from the site frontage to the road · Detail design for the accessible footpath to the bus stop to demonstrate compliance with Clause 26 of the Seniors Living SEPP. Design to include provision of kerb ramps and mid-block roadway crossing on Boomerang Street. · The design is to be approved by the access consultant. Any works within tree protection zones shall be endorsed by a qualified arborist.
Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.
The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.
A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.
Reason: To ensure that the plans are suitable for construction purposes.
37. Utility provider requirements
Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.
Reason: To ensure compliance with the requirements of relevant utility providers.
38. Underground services
All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.
Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
39. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.
b) The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.
c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.
d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.
e) In this condition:
“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and
“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.
Reason: To maintain public infrastructure.
40. Section 94 Contributions
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.
Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.
Conditions to be satisfied during the demolition, excavation and construction phases:
41. Prescribed conditions
The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
· The work must be carried out in accordance with the requirements of the Building Code of Australia · In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.
Reason: Statutory requirement.
42. Hours of work
Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.
Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.
Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.
Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.
43. Temporary irrigation
Temporary irrigation within the Tree Protection Fencing is to be provided. Irrigation volumes are to be determined by the Project Arborist.
Reason: To protect trees to be retained on site.
44. Approved plans to be on site
A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.
Reason: To ensure that the development is in accordance with the determination.
45. Statement of compliance with Australian Standards
The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.
Reason: To ensure compliance with the Australian Standards.
46. Site notice
A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.
The site notice must:
· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted · display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer · be durable and weatherproof · display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice · be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted
Reason: To ensure public safety and public information.
47. Dust control
During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:
· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust · earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed · all materials shall be stored or stockpiled at the best locations · the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs · all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust · all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays · gates shall be closed between vehicle movements and shall be fitted with shade cloth · cleaning of footpaths and roadways shall be carried out daily
Reason: To protect the environment and amenity of surrounding properties.
48. Post-construction dilapidation report
The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:
· compare the post-construction dilapidation report with the pre-construction dilapidation report · have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.
A copy of this report is to be forwarded to Council at the completion of the construction works.
Reason: Management of records.
49. Compliance with submitted geotechnical report
A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.
Geotechnical aspects of the development work, namely:
· appropriate excavation method and vibration control · support and retention of excavated faces · hydro-geological considerations
must be undertaken in accordance with the recommendations of the geotechnical report 12097/GK/1, dated September 2012, prepared by GDK, Keighran Geotechnics. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).
Reason: To ensure the safety and protection of property.
50. Use of road or footpath
During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.
Reason: To ensure safety and amenity of the area.
51. Toilet facilities
During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
Reason: Statutory requirement.
52. Protection of public places
If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.
If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
Any hoarding, fence or awning is to be removed when the work has been completed.
Reason: To protect public places.
53. Recycling of building material (general)
During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.
Reason: To facilitate recycling of materials.
54. Construction signage
All construction signs must comply with the following requirements:
· are not to cover any mechanical ventilation inlet or outlet vent · are not illuminated, self-illuminated or flashing at any time · are located wholly within a property where construction is being undertaken · refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken · are restricted to one such sign per property · do not exceed 2.5m2 · are removed within 14 days of the completion of all construction works
Reason: To ensure compliance with Council's controls regarding signage.
55. Road reserve safety
All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.
Reason: To ensure safe public footways and roadways during construction.
56. Services
Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.
Reason: Provision of utility services.
57. Erosion control
Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.
Reason: To protect the environment from erosion and sedimentation.
58. Drainage to street
Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the street drainage system. New drainage line connections to the street drainage system shall conform and comply with the requirements of Sections 5.3 and 5.4 of Ku-ring-gai Water Management Development Control Plan No. 47.
Reason: To protect the environment.
59. Grated drain at garage
A 200mm wide grated channel/trench drain, with a heavy-duty removable galvanised grate is to be provided in front of the garage door/basement parking slab to collect driveway runoff. The channel drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.
Reason: Stormwater control.
60. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing Co-ordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
61. Arborist’s report
The trees to be retained shall be inspected, monitored and treated by a Project Arborist who must be a qualified (AQF) Level 5 arborist in accordance with AS4970-2009 Protection of trees on development sites. Regular inspections and documentation from the Project Arborist to the Principal Certifying Authority are required including at the following times or phases of work. All monitoring shall be recorded and provided to the Principal Certifying Authority prior to completion of the works.
Reason: To ensure protection of existing trees.
62. Canopy/root pruning
Canopy and/or root pruning of the following tree(s) which is necessary to accommodate the approved building works shall be undertaken by an experienced AQF level 3 Arborist under the supervision of the Project Arborist and in accordance with the reduction pruning clause of AS4373-2007. All other branches are to be tied back and protected during construction, under the supervision of a qualified arborist.
Reason: To protect the environment.
63. Treatment of tree roots
If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist with a minimum qualification of Horticulture Certificate or Tree Surgery Certificate. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees.
Reason: To protect existing trees.
64. Hand excavation
All excavation (excluding for the basement) within the specified radius of the trunk(s) of the following tree(s) shall be hand dug under the supervision of the Project Arborist.
Reason: To protect existing trees.
65. No storage of materials beneath trees
No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.
Reason: To protect existing trees.
66. Removal of refuse
All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.
Reason: To protect the environment.
67. Canopy replenishment trees to be planted
The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
Reason: To maintain the treed character of the area.
68. On site retention of waste dockets
All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.
· Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing. · This information is to be made available at the request of an Authorised Officer of Council.
Reason: To protect the environment.
Conditions to be satisfied prior to the issue of an Occupation Certificate:
69. Compliance with BASIX Certificate
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No.440332M_04 have been complied with.
Reason: Statutory requirement.
70. Clotheslines and clothes dryers
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.
Reason: To provide access to clothes drying facilities.
71. Mechanical ventilation
Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:
1. The installation and performance of the mechanical systems complies with:
· The Building Code of Australia · Australian Standard AS1668 · Australian Standard AS3666 where applicable
2. The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.
Note: Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.
Reason: To protect the amenity of surrounding properties.
72. Completion of landscape works
Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.
Reason: To ensure that the landscape works are consistent with the development consent.
73. Completion of tree works
Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all tree works, including pruning in accordance with AS4373-2007 or remediation works in accordance with AS4370-2009, have been undertaken in accordance with the approved plan(s) and conditions of consent.
Reason: To ensure that the tree works are consistent with the development consent.
74. Accessibility
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that:
· the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2 · the level and direction of travel, both in lifts and lift lobbies, is audible and visible · the controls for lifts are accessible to all persons and control buttons and lettering are raised · international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2 · the height of lettering on signage is in accordance with AS 1428.1 – 1993 · the signs and other information indicating access and services incorporate tactile communication methods in addition to the visual methods
Reason: Disabled access & services.
75. Provision of copy of OSD designs if Council is not the PCA
Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:
· A copy of the approved Construction Certificate stormwater detention/retention design for the site · A copy of any works-as-executed drawings required by this consent · The Engineer’s certification of the as-built system.
Reason: For Council to maintain its database of as-constructed on-site stormwater detention systems.
76. Certification of drainage works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans · the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved · retained water is connected and available for use · basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47 · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
77. WAE plans for stormwater management and disposal (dual occupancy and above)
Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:
· as built (reduced) surface and invert levels for all drainage pits · gradients of drainage lines, materials and dimensions · as built (reduced) level(s) at the approved point of discharge to the public drainage system · as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site · the achieved storage volumes of the installed retention and detention storages and derivative calculations · as built locations of all access pits and grates in the detention and retention system(s), including dimensions · the size of the orifice or control fitted to any on-site detention system · dimensions of the discharge control pit and access grates · the maximum depth of storage possible over the outlet control · top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system
The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.
Reason: To protect the environment.
78. OSD positive covenant/restriction
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
79. Sydney Water Section 73 Compliance Certificate
Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority
Reason: Statutory requirement.
80. Reinstatement of redundant crossings and completion of infrastructure works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:
· new concrete driveway crossing in accordance with levels and specifications issued by Council · removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials) · full repair and resealing of any road surface damaged during construction · full replacement of damaged sections of grass verge to match existing
This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.
Reason: To protect the streetscape.
81. Infrastructure repair
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.
Reason: To protect public infrastructure.
82. Mechanical ventilation
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.
Reason: To ensure adequate levels of health and amenity to the occupants of the building.
83. Restriction on land title – seniors living development
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:
· people 55 or over or people who have a disability · people who live with people 55 or over or people who have a disability · staff employed to assist in the administration of and provision of services to housing provided in this development
Reason: To ensure that the development meets the provisions of the Seniors Living SEPP.
84. SEPP Seniors Living Advertising
All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP Seniors Living development and that at least one occupier shall be aged 55 years or over or have a disability.
Reason: To ensure that the development meets the provisions of the Seniors Living SEPP.
85. Construction Standards - Housing for Seniors or People with a Disability.
Prior to the issue of an occupation certificate or occupation of the development (what ever comes first), certification shall be provided from an accredited access consultant to the certifying authority which demonstrates that the fit out and construction of the development satisfies the design criteria of SEPP (Housing for Seniors or People with a Disability) 2004.
Reason: To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.
Conditions to be satisfied at all times:
86. Noise control – plant and machinery
All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.
Reason: To protect the amenity of surrounding residents.
87. Servicing of waste bins
On the night prior to the waste bins being serviced by Council, the occupiers of each unit are place to the waste receptacles out the front of each unit for servicing. Where the resident is unable to undertake this, it is the responsibility of the sites owner or body corporate to undertake this.
Reason: To ensure the amenity of the development.
88. Outdoor lighting
At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Reason: To protect the amenity of surrounding properties
89. Car parking
At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building. These requirements are to be enforced through the following:
· restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919 · restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces
Reason: To ensure adequate provision of visitor parking spaces
CARRIED UNANIMOUSLY
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Motions of which due Notice has been given
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15 |
File: S02546 Vide: NM.1
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Notice of Motion from Councillor Chantelle Fornari-Orsmond dated 29 January 2013
During the election campaign, I received numerous concerns from residents about the evacuation processes in the event of a major bushfire particularly in the North Turramurra area. This concern was also raised by NTAG when a public meeting was recently held to discuss what happens in the event of a major bushfire.
While Council staff and the Police that were present on the day explained the procedures of evacuation, there was only a relatively small resident’s representation present to gain an understanding of the process.
I have had further discussions with the Police Local Commander of the Ku-ring-gai Hornsby District and also the Local Fire Controller for the RFS. They are supportive of Council undertaking the distribution of a flyer to all residents in a bush fire prone area to advise them of what happens in the event of an emergency and when evacuation is involved.
It is not intended that this flyer cover material already in distribution but it is intended to be mainly directed at the evacuation process.
The process will involve discussions and approval of the District Emergency Management Committee and also the Bushfire Management Committee.
The preliminary estimates for the cost of preparing the flyer and distribution to over 15,000 residents is estimated to be less than $10,000 and it is recommended that this be considered as a project to be included in the 2013/14 budget.
I move that:
"1. Council support the preparation of an information flyer to all houses in bushfire prone areas.
2. The flyer be approved by the District Emergency Management Committee and the Bushfire Management Committee prior to printing.
3. Funding of up to $10,000 be made available in the project budget for 2013/14 for possible distribution of the flyer in August/September 2013.
4. Council approach the Local Community Bank to seek possible sponsorship for this project."
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(Moved: Councillors Fornari-Orsmond/McDonald)
That the above Notice of Motion as printed be adopted.
CARRIED UNANIMOUSLY |
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16 |
Replacing and Upgrading Council's Public Toilets
File: S04461 Vide: NM.2
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Notice of Motion from Councillor Chantelle Fornari-Orsmond dated 29 January 2013
For quite some time I have been concerned about the standard of Council’s public toilets. Since being elected as a Councillor I have been approached by a number of residents about the condition of Council’s public toilets in terms of appearance and cleanliness.
While I understand that Council has a program to gradually upgrade a number of the public toilets, I am concerned that any refurbishment work may not result in a suitable outcome in quite a number of cases. It may be more appropriate to demolish and replace those toilets with new facilities that can incorporate self cleansing and automatic locking facilities.
Council is using the Local Government Renewal Scheme loan
subsidy program to accelerate the upgrade to a number of facilities and it
may be better to replace
It is not intended that the new facilities funding under the Section 94 program be included in this program.
Therefore, I am requesting that a report be brought back for Council’s consideration as soon as possible including a review of the current public toilets upgrade program and a revised upgrade program incorporating the following objectives:
· Replacing 2 toilet facilities per year with new facilities commencing in 2013/14 for 4 years. · Upgrade 2 toilet facilities per year to include floor and wall tiling, new toilets, improve lighting and new hand basins. · Provide Council with a maintenance schedule on the cleaning requirements that includes cleaning of the light fittings and removal of cobwebs. · Inclusion of a sign that provides a contact number for reporting poor standards of cleaning and appearance.
The recent upgrade of the toilet at Wahroonga car park has incorporated a number of the above initiatives and it would be valuable for this practice to continue.
I move that:
"A report be brought back to Council reviewing the public toilet replacement and maintenance program with the aim of achieving the above objectives."
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(Moved: Councillors Fornari-Orsmond/McDonald)
That the above Notice of Motion as printed be adopted.
CARRIED UNANIMOUSLY |
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17 |
9 Havilah Lane, Lindfield - Contamination of Site
File: S09318 Vide: QN.1
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Question Without Notice from Councillor Cheryl Szatow
Is there any truth to the rumour that the area contained
in the Council Car Park at
Answer by the General Manager
I myself have not but I will take that on notice and report back to Councillors by a memo.
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18 |
Appeal of a Land and Environment Court Decision
File: DA0245/12 Vide: QN.2
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Question Without Notice from Councillor Cheryl Szatow
Is there a Council legal opinion to support an appeal of the Land and Environment Court's decision to approve a Child Care Facility in the SEPP5 Exclusion Zone in Manning Road, Killara?
Answer by the General Manager
I will have the Director Environment and Regulation, Mr Miocic, follow that up. If there is some correspondence - I am not saying there is or there isn't - that will be brought back to Council in confidential under legal privilege.
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19 |
File: CY00216/5 Vide: QN.3
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Question Without Notice from Councillor David Armstrong
Where are we up to so I can report back to the residents and find out what is going on with the property involved?
Answer by Director Development and Regulation
I believe we are in the process of seeking orders and injunction orders through the Land and Environment Court. As to what stage, particularly, we are up to in that process, I will need to consult with our Solicitors and get back to you.
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The Meeting closed at 8.50pm
The Minutes of the Ordinary Meeting of Council held on 5 February 2013 (Pages 1 - 47) were confirmed as a full and accurate record of proceedings on 26 February 2013.
__________________________ __________________________
General Manager Mayor / Chairperson
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Ordinary Meeting of Council - 26 February 2013 |
MM.1 / 54 |
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Item MM.1 |
S07765/4 |
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11 February 2013 |
Mayoral Minute
2013 Australia Day Honours and Citizen of the Year Awards
I am pleased to inform you that 10 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2013 Australia Day Honours.
We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.
I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf Council, congratulate them on their excellent contributions to Australian society.
Philip BELL OAM of Wahroonga, for service to education, and to the community
Eftihia BLAND OAM of Turramurra, for service to the community through charitable organisations
Brian BOETTCHER AM of Wahroonga, for significant service to psychiatry as a clinician and educator
Stuart BOLAND AM of Killara, for significant service to medicine through leadership roles in professional organisations, and as a surgeon and educator
Brian BOYLE PSM (post-nominal) of West Pymble, for outstanding public service to Australian astronomy and for leadership of the Australian team bidding to host the international Square Kilometre Array facility
Ewen CROUCH AM of Roseville, for significant service to the law as a contributor to legal professional organisations, and to the community through executive roles with Mission Australia
Robert GEYER PSM (post-nominal) of EAST LINDFIELD, for outstanding public service to the development of the Chemical Analysis Branch, TestSafe Australia
Ronald HEINRICH AM of St Ives, for significant service to the law, and to the legal profession
Patrick MACMILLAN OAM of Wahroonga, for service to the community through Alzheimer’s Australia New South Wales
Pasquale PEDULLA OAM of Gordon, for service to the community through multicultural and aged care organisations.
I also congratulate Ku-ring-gai’s Citizen of the Year winners for 2013:
Citizen of the Year - Rohit Ralli
Young Citizen of the Year - Emma Gavaghan
Outstanding Service to the Community - Ian Eastman
Ku-ring-gai Environmental Award (individual) - Marjorie and Rolf Beck
Ku-ring-gai Environmental Award (group) - The
Australian Plant Society -
North
Shore Group
Ku-ring-gai Heritage Award - Kathie Rieth
On behalf of Council, I congratulate all these award winners on their outstanding achievements.
Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.
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That Council acknowledge the outstanding contribution made by these recipients of 2013 Australia Day Honours to the Ku-ring-gai community and to the well-being of our society.
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Elaine Malicki Mayor |
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Ordinary Meeting of Council - 26 February 2013 |
GB.1 / 56 |
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Item GB.1 |
S06339 |
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18 February 2013 |
Model Code of Conduct
EXECUTIVE SUMMARY
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purpose of report: |
To adopt the new model Code of Conduct.
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background: |
Council currently has a Code of Conduct which is based on the Division of Local Government model. |
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comments: |
It is a requirement of the Local Government Act, 1993 that all Councils in NSW use the model as provided by the Division of Local Government. A new version has been released by the Division of Local Government and all NSW Councils are now required to adopt the new model Code of Conduct by 1 March 2013. |
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recommendation: |
That the latest version of the model Code of Conduct be adopted.
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Purpose of Report
To adopt the new model Code of Conduct.
Background
Council adopted the current Division of Local Government Model Code of Conduct on 22 July 2008. The Division of Local Government has now released a new Model Code of Conduct.
Comments
The new model comes into effect on 1 March 2013 and it is a requirement of the Division of Local Government that it be operational by Council prior to that date.
Council may supplement the provisions of the Model Code with provisions that are not inconsistent with the Model Code – section 440(3) and (4).
The model code and procedures are supported by new provisions in the Local
Government Act 1993 to more effectively deal with serious or repeated
breaches of the Code through expanded and strengthened penalties.
The key features of the new code framework include:
- Greater flexibility to resolve non-serious complaints, minimising costs to
councils
- Improved complaints management, with complaints about councillors
and the general manager managed from start to finish by qualified and
independent conduct reviewers
- Greater fairness and rigour in the investigation process through clearer
procedures
- Stronger penalties for ongoing disruptive behaviour and serious
misconduct to more effectively deter and address such behaviour,
allowing councils to get on with the business of serving their
communities.
As a consequence of changes to the Model Code of Conduct, many of Council’s existing polices require amendment, in particular:
· Conflict of Interests Policy
· Gifts and Benefits Policy
· Councillor Access to Information and Interaction with Staff Policy
· Code of Meeting Practice.
· Internal Reporting – Public Interest Disclosures Policy
· Secondary Employment Policy
Amendments to these policies and codes will be the subject of separate reports to Council.
The new Model Code of Conduct is attached ( Attachment A ).
The new Model Code of Conduct is attached ( Attachment B ).
Governance Matters
Nil.
Risk Management
Nil.
Financial Considerations
Nil.
Social Considerations
Nil.
Environmental Considerations
Nil.
Community Consultation
No consultation required as this policy is to be adopted based on a change to legislation. Consultation with the community is not relevant.
Internal Consultation
No consultation required as this policy is to be adopted based on a change to legislation. Consultation with the community is not relevant.
Summary
Council is required to adopt the new Model Code of Conduct by 1 March 2013 as instructed by the Division of Local Government.
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That the Model Code of Conduct be adopted.
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Michael Langereis Internal Ombudsman |
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A1View |
The Model Code of Conduct for NSW Councils |
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2013/040016 |
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A2View |
The Model Code of Conduct Framework |
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2013/040009 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.2 / 84 |
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Item GB.2 |
S02211 |
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8 February 2013 |
Code of Meeting Practice
EXECUTIVE SUMMARY
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purpose of report: |
To consider a revised draft Code of Meeting Practice. |
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background: |
Council has a Code of Meeting Practice that was last reviewed and adopted on the11 May 2010.
The purpose of this Code is to set out the manner in which meetings of Ku-ring-gai Council and formal committees are to be convened and conducted. |
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comments: |
Recent legislative changes have occurred necessitating an update to the Code of Meeting Practice. |
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recommendation: |
That the revised Code of Meeting Practice be endorsed for placing on public exhibition in accordance with s.361 of the Local Government Act 1993. |
Purpose of Report
To consider a revised draft Code of Meeting Practice.
Background
Council has a Code of Meeting Practice that was last reviewed and adopted on the 11 May 2010 (see Attachment A1).
In accordance with s. 360(3) of the Local Government Act 1993 (the Act) the purpose of this Code is to set out the manner in which meetings of Ku-ring-gai Council and formal committees are to be convened and conducted.
The objectives of the Code are to;
· Provide a summary of the statutory provisions relating to the conduct of council and formal committee meetings supplemented by additional provisions
· Ensure that council and committee meetings are held in a manner that is orderly and efficient and earns the respect of the Ku-ring-gai community
· Ensure that council and committee meetings display open government and maximise access and participation by the community
· Ensure that councillors conduct themselves with high standards of behaviour, making a positive contribution to all debates and decisions
· Ensure that meetings comply with the basic principle of the Local Government Act 1993 that councillors not involve themselves in day-to-day administration and meetings are restricted to matters of policy, direction, resource allocation and statutory decisions.
Section 360(2) of the Local Government Act 1993 provides that a Council may adopt a Code of Meeting Practice that incorporates the relevant legislation supplemented with further provisions that are not inconsistent with that legislation.
Comments
Some consequential amendments to Council’s Code of Meeting Practice are considered necessary.
Revision of Code
Legislative changes have occurred necessitating an update to section 6.5 (Disclosure and participation in meetings) of the Code of Meeting Practice.
The Division of Local Government has written a circular to New South Wales Councils 12/28 (Attachments A2 and A3) to advise of a recent amendment to section 451 of the Local Government Act 1993.
The amendment provides for a Councillor who has a pecuniary interest in a principal environmental planning instrument (applying to the whole or a significant part of the council’s area), to participate in the discussion of and vote on the instrument, provided that they make a special disclosure. Attachment D, being the special disclosure form has also been added to the Code of Meeting Practice.
Governance Matters
In accordance with s. 360 of the Local Government Act 1993 (the Act) the purpose of this Code is to set out the manner in which meetings of Ku-ring-gai Council and formal committees are to be convened and conducted.
360 Conduct of meetings of councils and committees
(1) The regulations may make provision with respect to the conduct of meetings of councils and committees of councils of which all the members are councillors.
(2) A council may adopt a code of meeting practice that incorporates the regulations made for the purposes of this section and supplements those regulations with provisions that are not inconsistent with them.
(3) A council and a committee of the council of which all the members are councillors must conduct its meetings in accordance with the code of meeting practice adopted by it.
Section 361 of the Act requires that public notice be given of a draft Code of Meeting Practice prior to adoption. Submissions must be invited for a period of at least 42 days.
Risk Management
Council is required to amend and review its Code of Meeting Practice as required otherwise there is a major risk that Council and Committee meetings would not be conducted in accordance with legislative changes.
Financial Considerations
There are no direct financial considerations associated with this report other than the advertising costs associated with giving public notice of the draft Code in accordance with s.361 of the Act.
Social Considerations
There are no social considerations associated with this report.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
Section 361 of the Act requires that public notice be given of a draft Code of Meeting Practice prior to adoption. Submissions must be invited for a period of at least 42 days.
Internal Consultation
The draft Code has been reviewed by the General Manager.
Summary
Council has a Code of Meeting Practice that was last reviewed and adopted on the 11 May 2010.
Legislative changes have occurred necessitating an update to section 6.5 (Disclosure and participation in meetings) of the Code of Meeting Practice.
The Division of Local Government has written a circular to New South Wales Councils 12/28 to advise of a recent amendment to section 451 of the Local Government Act 1993.
The amendment provides for a Councillor who has a pecuniary interest in a principal environmental planning instrument (applying to the whole or a significant part of the council’s area), to participate in the discussion of and vote on the instrument, provided that they make a special disclosure. Attachment D, being the special disclosure form has also been added to the Code of Meeting Practice.
Council’s Code of Meeting Practice has been reviewed to incorporate legislative changes. The new draft Code is required to be placed on public exhibition. Section 361 of the Act requires that public notice be given of a draft Code of Meeting Practice prior to adoption. Submissions must be invited for a period of at least 42 days.
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That the revised Code of Meeting Practice be endorsed for placing on public exhibition in accordance with s.361 of the Local Government Act 1993.
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Matt Ryan Manager Records & Governance |
John Giovinazzo Acting Director Corporate |
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A1View |
Code of Meeting Practice - adopted 11 May 2010 - 2010/034855[v2] - PDF Rendition |
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2013/030751 |
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A2View |
Circular to Councils 12/28 - Special Disclosure of Pecuniary Interest Form for Principal Local Environmental Plans |
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2012/200001 |
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A3View |
Local Government (General) Regulation 2005 - Form of Special Disclosure of Pecuniary Interest |
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2013/040785 |
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A4View |
Draft - Code of Meeting Practice - Revision February 2013 |
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2013/030916 |
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APPENDIX No: 1 - Code of Meeting Practice - adopted 11 May 2010 - 2010/034855[v2] - PDF Rendition |
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Item No: GB.2 |
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APPENDIX No: 2 - Circular to Councils 12/28 - Special Disclosure of Pecuniary Interest Form for Principal Local Environmental Plans |
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Item No: GB.2 |
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APPENDIX No: 3 - Local Government (General) Regulation 2005 - Form of Special Disclosure of Pecuniary Interest |
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Item No: GB.2 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.3 / 209 |
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Item GB.3 |
S05981 |
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31 January 2013 |
Privacy Management Plan
EXECUTIVE SUMMARY
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purpose of report: |
To adopt a revised Privacy Management Plan.
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background: |
The Division of Local Government issued a revised Model Privacy Management Plan for Local Government on 22 January 2013. Council is required to review its plan to ensure that it meets the requirements of the model plan and provide a copy of the updated plan to the Privacy Commissioner. |
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comments: |
A revised Privacy Management Plan has been drafted which has been updated in accordance with the Division of Local Governments Model Plan. |
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recommendation: |
That the revised Privacy Management Plan be adopted.
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Purpose of Report
To adopt a revised Privacy Management Plan.
Background
The Division of Local Government issued Circular 13-03 (Attachment A1) with a revised Model Privacy Management Plan for Local Government on 22 January 2013. Council is required to review its plan to ensure that it meets the requirements of the model plan and provide a copy of the updated plan to the Privacy Commissioner.
Council’s currently adopted Plan is attached (Attachment A2). The Plan outlines how Council will:
· collect, store and use personal and health information;
· operate within the Privacy legislative framework;
· maintain public registers and how access is granted to them;.
· comply with the privacy principles of both Acts;
· deal with public submissions and the recording of Council meetings;
· undertake an internal review if it is believed that Council has breached privacy legislation.
Comments
A revised Privacy Management Plan has been drafted and is attached (Attachment A3).
Council’s existing Privacy Management Plan was required to be reviewed in conjunction with the revised Model plan released by the Division of Local Government. The Plan has now been reviewed and updated as follows;
· Section 1.1 - A new paragraph has been included with information on the effect of Section 6 of the GIPA act.
· Section 2.1 – paragraph added in relation to misuse of health and personal information.
· Section 2.2 – other registers information added
· Section 2.5 – additional information has been included in relation to Electoral Matters
· Section 5.5 – Distribution of information to the public added
· Section 5.6 – Contracts with consultants and other private contractors section added.
· Section 5.7 – Regular review of the collection, storage, and use of personal or health information added.
· Section 5.8 – Further information section added
· Section 6.2 – New external reference added.
Governance Matters
The review and amendments to Council’s Privacy Management Plan are in accordance with Division of Local Government Circular to Councils 13-03. Council is obligated to comply with the Privacy and Personal Information Protection Act 1998.
Risk Management
There are no significant risks associated with the adoption of this policy. A moderate risk for Council exists if the Privacy Management Plan is not routinely reviewed and updated regularly.
Financial Considerations
There are no significant financial considerations associated with the adoption of this policy.
Social Considerations
It is considered that Council’s policy adequately reflects Council’s statutory obligations under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 in regards to the protection of personal and health information of the public.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Council’s existing Plan was last adopted on 18 October 2011.
The Division of Local Government issued a revised Model Privacy Management Plan for Local Government on 22 January 2013. Council is required to review its plan to ensure that it meets the requirements of the model plan and provide a copy of the updated plan to the Privacy Commissioner.
A revised Privacy Management Plan has been drafted which has been updated in accordance with the Division of Local Governments Model Plan.
It is considered that Council’s policy adequately reflects Council’s statutory obligations under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 in regards to the protection of personal and health information of the public.
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A. That the revised Privacy Management Plan be adopted.
B. That a copy of Council’s amended Privacy Management Plan be referred to the Privacy Commissioner.
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Matt Ryan Manager Records & Governance |
John Giovinazzo Acting Director Corporate |
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A1View |
Division of Local Government Circular 13-03 - Revised Model Privacy Management Plan for Local Government |
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2013/023984 |
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A2View |
Privacy Management Plan - August 2011 - adopted at Council meeting 18 October 2011 - PDF version |
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2013/023867 |
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A3View |
2010/034855[v3] - Draft - Privacy Management Plan - Revision February 2013 - PDF rendition |
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2013/031210 |
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APPENDIX No: 1 - Division of Local Government Circular 13-03 - Revised Model Privacy Management Plan for Local Government |
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Item No: GB.3 |
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APPENDIX No: 2 - Privacy Management Plan - August 2011 - adopted at Council meeting 18 October 2011 - PDF version |
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Item No: GB.3 |
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APPENDIX No: 3 - 2010/034855[v3] - Draft - Privacy Management Plan - Revision February 2013 - PDF rendition |
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Item No: GB.3 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.4 / 281 |
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Item GB.4 |
S03788 |
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6 February 2013 |
2013 National General Assembly of Local Government - Call for Motions
EXECUTIVE SUMMARY
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purpose of report: |
To consider an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2013 National General Assembly of Local Government.
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background: |
As the major event on the annual local government events calendar, the National General Assembly (NGA) typically attracts more than 700 mayors, councillors and senior officers from councils across Australia. The NGA is Council’s opportunity to contribute to the development of national local government policy. |
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comments: |
The NGA is held annually and is the opportunity for Councils to contribute to the development of national local government policy. |
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recommendation: |
That Councillors consider whether they propose to submit any motions to the Conference and supply those to the General Manager by Friday, 22 March 2013 who will provide a further report to Council prior to the deadline.
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Purpose of Report
To consider an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2013 National General Assembly of Local Government.
BACKGROUND
As the major event on the annual local government events calendar, the National General Assembly (NGA) typically attracts more than 700 mayors, councillors and senior officers from councils across Australia. The NGA is Council’s opportunity to contribute to the development of national local government policy.
The ALGA has written to all Councils as an invitation to participate in the 2013 NGA which is to be held at the National Convention Centre in Canberra between 16 – 19 June 2013. The ALGA Board is calling for motions for the 2013 NGA under this year’s theme ‘Foundations for the Future – Twenty 13’.
To be eligible for inclusion in the NGA Business Papers motions must follow the following principles:
· Fall under the NGA theme;
· Be relevant to the work of local government nationally; and
· Complement or build on the policy objectives of state and territory associations.
The ALGA has prepared a Discussion Paper (see attachment A1) to assist Councils in preparing motions. The paper is also available via the ALGA’s website at www.alga.asn.au. Motions must be submitted electronically via the online form on the website and should be received by ALGA no later than 26 April 2013.
Comments
The National General Assembly is held annually and is the opportunity for Councils to contribute to the development of national local government policy.
Governance Matters
There are no governance matters associated with this report.
Risk Management
There are no risk management considerations associated with this report.
Financial Considerations
There are no financial considerations associated with this report.
Social Considerations
The NGA is Council’s opportunity to contribute to the development of national local government policy.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
The ALGA has written to all Councils as an invitation to participate in the 2013 NGA which is to be held at the National Convention Centre in Canberra between 16 – 19 June 2013. The ALGA Board is calling for motions for the 2013 NGA under this year’s theme ‘Foundations for the Future – Twenty 13’.
Motions must be submitted electronically via the online form on the website and should be received by ALGA no later than 26 April 2013.
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That Councillors consider whether they propose to submit any motions to the Conference and supply those to the General Manager by Friday, 22 March 2013 who will provide a further report to Council prior to the deadline.
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Matt Ryan Manager Records & Governance |
John Giovinazzo Acting Director Corporate |
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A1View |
2013 National General Assembly of Local Government - Call for motions |
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2013/025231 |
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APPENDIX No: 1 - 2013 National General Assembly of Local Government - Call for motions |
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Item No: GB.4 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.5 / 297 |
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Item GB.5 |
S08820 |
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7 February 2013 |
Committee on Electoral Matters Inquiry into the 2012 Local Government Elections
EXECUTIVE SUMMARY
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purpose of report: |
To consider the comments received by Councillors in response to an invitation from the Parliament of NSW Joint Standing Committee on Electoral Matters to make a submission to the Inquiry into the 2012 Local Government Elections.
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background: |
The 2012 Local Government Elections were held on Saturday, 8 September 2012. The Joint Standing Committee on Electoral Matters has been referred an Inquiry into the 2012 Local Government Elections. The Committee will examine matters relating to the cost of the elections, the experience of councils that conducted their own elections, and any issues arising from non-residential voting. The Committee will also consider possible legislative changes to improve the efficiency of the election processes, and remove any barriers to candidate participation. Complete terms of reference of the Committee have been included in the attachment. |
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comments: |
At the Ordinary Meeting of Council held on 5 February 2012 Council resolved to make a submission to the Committee. |
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recommendation: |
That Council’s submission to the Joint Standing Committee on Electoral Matters in regards to the conduct of the 2012 local government elections include the comments contained within this report.
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Purpose of Report
To consider the comments received by Councillors in response to an invitation from the Parliament of NSW Joint Standing Committee on Electoral Matters to make a submission to the Inquiry into the 2012 Local Government Elections.
Background
The 2012 Local Government Elections were held on Saturday, 8 September 2012. The Joint Standing Committee on Electoral Matters has been referred an Inquiry into the 2012 Local Government Elections. The Committee will examine matters relating to the cost of the elections, the experience of councils that conducted their own elections, and any issues arising from non-residential voting. The Committee will also consider possible legislative changes to improve the efficiency of the election processes, and remove any barriers to candidate participation. Complete terms of reference of the Committee have been included in the attachment to this report (see Attachment A1).
At the Ordinary Meeting of Council held on 5 February 2012 Council resolved to make a submission to the Committee.
Comments
Five comments in relation to the 2012 local government elections were received from councillors as follows;
Councillor Jennifer Anderson (see Attachment A2):
In relation to cost of the elections - decision out of our Council's hands as to where to install the Returning Officer. Cost of renting another building, inconvenient and confusing for pre-poll voters and candidates. Costs relating to a controversy over electricity bills. Enormous increase over recent elections in costs to each council.
Electronic roll comes too late to be of use to candidates.
Costs of printing brochures is enormous and must be beyond many potential candidates. Perhaps time for electronic information and electronic voting.
I attended two information sessions before the elections, one at Hornsby and one at Ku-ring-gai. Both had different presenters and differing information was given. One session said anyone who was a developer or associate of a developer who made their income from development, could not self fund their campaign. The other said they could self fund.
It’s a significant impost on candidates and campaign workers to service the full 2 week pre-poll period. It’s a massive task to have volunteers man the pre-poll for all day for the two weeks. The first week is usually pretty quiet. Suggest to shorten this period for pre-poll.
Councillor Christiane Berlioz (see Attachment A3);
The 2 week Pre-polling time - is too long and onerous on "manpower" for candidates and also for the electoral commission - not sure about impact on council. 5 days is more than enough for pre-poll.
There are too many polling places per ward (8 in St Ives) - this is extremely onerous for candidates to "man".
For integrity and fairness: candidates should run as individuals - not as a team with advantages over candidates standing individually "under the line". There should not be any preference sharing between candidates. This is exploited as candidates put up a selection of "dummy" candidates with which to exchange preferences.
Declaration of interest - candidates should have to sign a "statutory declaration" of interests - pecuniary or otherwise and other declarations on the Candidate Registration Form (eg properties ownership within the municipality, party membership). There should be heavier sanctions for breaches of declarations.
Councillor Christiane Berlioz (see Attachment A4);
Additional
point: any person that declares themselves as member of a political party
should have the information on all electoral material. For example Liberal
Party member or Liberal Party endorsed, as the case may be.
Under the current system candidates who are members of parties but not endorsed
- play both cards to suit their campaign - declaring themselves as an
independent, or party member, as it suits them.
If it were mandatory to declare party membership or endorsement it would solve
the problem for independents who are falsely accused by rival candidates as
being members of political parties unpopular in the ward/municipality.
Councillor Christiane Berlioz (see Attachment A5);
Additional point: for non resident candidates - any business lease should be signed a minimum of 3 months before elections and there should be a statutory declaration that the lessee, or business property owner, occupies the business premises (ie not leasing an empty office space just to be eligible as candidate).
Councillor Cheryl Szatow (see Attachment A6);
I have two concerns to raise as a result of experiences in two local elections;
Anonymous flyers discrediting other candidates and/or sitting councillors and casting slurs on their bona fides - distributed to residents. What can be done?
Information stating in what Council Area candidates reside should be mandatory information to be included on all election material about a given candidate.
Governance Matters
Elections are to be administered by the General Manager of Council, or by the NSW Electoral Commissioner, in accordance with the provisions of Section 296 of the Local Government Act 1993.
Risk Management
There are no major risk management considerations associated with the recommendations in this report.
Financial Considerations
There are no financial management considerations associated with the recommendations in this report.
Social Considerations
There are no social management considerations associated with the recommendations in this report.
Environmental Considerations
There are no environmental management considerations associated with the recommendations in this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
To consider the comments received by Councillors in response to an invitation from the Parliament of NSW Joint Standing Committee on Electoral Matters to make a submission to the Inquiry into the 2012 Local Government Elections.
The 2012 Local Government Elections were held on Saturday, 8 September 2012. The Joint Standing Committee on Electoral Matters has been referred an Inquiry into the 2012 Local Government Elections. The Committee will examine matters relating to the cost of the elections, the experience of councils that conducted their own elections, and any issues arising from non-residential voting. The Committee will also consider possible legislative changes to improve the efficiency of the election processes, and remove any barriers to candidate participation. Complete terms of reference of the Committee have been included in the attachment.
At the Ordinary Meeting of Council held on 5 February 2012 Council resolved to make a submission to the Committee and comments by Councillors were required to be provided to the General Manager by close of business Friday, 8 February 2013. These comments were received for inclusion in this report for Council’s consideration to include in the submission.
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That Council’s submission to the Joint Standing Committee on Electoral Matters in regards to the conduct of the 2012 local government elections include the comments contained within this report.
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Matt Ryan Manager Records & Governance |
John Giovinazzo Acting Director Corporate |
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A1View |
Invitation to make submission - Committee on Electoral Matters Inquiry into the 2012 Local Government Elections |
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2012/312190 |
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A2View |
Comments from Councillor Anderson on the electoral matters inquiry into the 2012 local government elections |
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2013/032400 |
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A3View |
Comments from Councillor Berlioz on the electoral matters inquiry into the 2012 local government elections |
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2013/032402 |
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A4View |
additional comment from Councillor Berlioz on the electoral matters inquiry into the 2012 local government elections |
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2013/032404 |
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A5View |
additional comment from Councillor Berlioz on the electoral matters inquiry into the 2012 local government elections |
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2013/032406 |
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A6View |
Comments from Councillor Szatow on the electoral matters inquiry into the 2012 local government elections |
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2013/032407 |
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APPENDIX No: 1 - Invitation to make submission - Committee on Electoral Matters Inquiry into the 2012 Local Government Elections |
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Item No: GB.5 |
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APPENDIX No: 2 - Comments from Councillor Anderson on the electoral matters inquiry into the 2012 local government elections |
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Item No: GB.5 |
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APPENDIX No: 3 - Comments from Councillor Berlioz on the electoral matters inquiry into the 2012 local government elections |
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Item No: GB.5 |
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APPENDIX No: 4 - additional comment from Councillor Berlioz on the electoral matters inquiry into the 2012 local government elections |
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Item No: GB.5 |
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APPENDIX No: 5 - additional comment from Councillor Berlioz on the electoral matters inquiry into the 2012 local government elections |
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Item No: GB.5 |
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APPENDIX No: 6 - Comments from Councillor Szatow on the electoral matters inquiry into the 2012 local government elections |
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Item No: GB.5 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.6 / 313 |
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Item GB.6 |
S09137 |
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14 February 2013 |
Update on Constitutional Recognition for Local Government
EXECUTIVE SUMMARY
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purpose of report: |
To provide Councillors an update from the Australian Local Government Association in regards to the possible referendum to recognise local government in the Constitution.
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background: |
A High Court decision in 2009 in Pape v Federal Commissioner of Taxation sets out the limitations of the Australian Federal Government’s powers and, in doing so, clearly indicated that the Australian Government does not have the power to fund local government directly.
Constitutional reform and the recognition of local government would allow the Australian Government to directly fund local government to achieve national objectives and it is considered in the best interests of local communities to do so.
The ALGA has written a further letter to Council since the confirmation of the Federal Election date for 2013 with an update on the matter.
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comments: |
It is now anticipated that since the Federal Election has been set by the Prime Minister for 14 September 2013 that it is possible that a referendum will also be held on the same day to recognise local government in the constitution. |
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recommendation: |
That council receive and note the report.
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Purpose of Report
To provide Councillors an update from the Australian Local Government Association in regards to the possible referendum to recognise local government in the Constitution.
Background
A High Court decision in 2009 in Pape v Federal Commissioner of Taxation sets out the limitations of the Australian Federal Government’s powers and, in doing so, clearly indicated that the Australian Government does not have the power to fund local government directly.
Constitutional reform and the recognition of local government would allow the Australian Government to directly fund local government to achieve national objectives and it is considered in the best interests of local communities to do so.
Council has previously resolved at the Ordinary Meeting of Council held on Tuesday, 7 February 2012 to contribute funds in the amount of $29,471 over 3 years to the Local Government and Shires Association of NSW towards a national advertising campaign on the constitutional recognition in Local Government prior to the referendum.
The ALGA has written a further letter to Council (see Attachment A1) since the confirmation of the Federal Election date for 2013 with an update on the matter.
Comments
It is anticipated that now the federal election has been set for 14 September 2013 that a referendum will be held on the same day to recognise local government in the constitution.
On 20 February, the ALGA will be appearing before the Parliamentary Joint Select Committee on Constitutional Recognition of Local Government at its second public hearing in Sydney. The Committee, which includes members from the major parties, as well as the Greens and Independents, has already issued a preliminary report in which the majority of members recommended that a referendum on the financial recognition of local government (through a change to Section 96 of the Constitution to allow the continuation of direct federal funding of councils) be held at the same time as the 2013 federal election.
The ALGA continues to lobby the Prime Minister, the Leader of the Opposition and Minister Crean calling on them to issue a joint statement in support of a referendum.
The
ALGA is committed to supporting a referendum on the financial
recognition of local government
and is keeping all Council’s informed on the progress of the matter.
Governance Matters
There are no governance matters associated with this report.
Risk Management
There are no risk management considerations associated with this report.
Financial Considerations
There are no financial considerations associated with this report.
Social Considerations
There are no social considerations associated with this report.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Constitutional reform and the recognition of local government would allow the Australian Government to directly fund local government to achieve national objectives and it is considered in the best interests of local communities to do so.
On 20 February, ALGA will be appearing before the Parliamentary Joint Select Committee on Constitutional Recognition of Local Government at its second public hearing in Sydney. The Committee, which includes members from the major parties, as well as the Greens and Independents, has already issued a preliminary report in which the majority of members recommended that a referendum on the financial recognition of local government (through a change to Section 96 of the Constitution to allow the continuation of direct federal funding of councils) be held at the same time as the 2013 federal election.
The ALGA is committed to supporting a referendum on the financial recognition of Local Government and is keeping all Councils informed on the progress of the matter.
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That council receive and note this report.
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Matt Ryan Manager Records & Governance |
John Giovinazzo Acting Director Corporate |
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A1View |
Update in regards to the Prime Minister announcing the 2013 Federal Election and impact on constitutional recognition of local government |
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2013/034434 |
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APPENDIX No: 1 - Update in regards to the Prime Minister announcing the 2013 Federal Election and impact on constitutional recognition of local government |
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Item No: GB.6 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.7 / 318 |
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Item GB.7 |
S02815 |
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7 February 2013 |
Australian Local Government Women's Association (NSW) 59th Annual Conference March 2013
EXECUTIVE SUMMARY
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purpose of report: |
To advise Councillors of the Australian Local Government Women’s Association (NSW) Annual Conference to be held in Gosford on 14-16 March 2013.
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background: |
The theme for the conference is “Strong Actions New Directions”, Women in local government. |
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comments: |
The conference will provide a platform for Councillors and staff to discuss current and emerging issues facing women in local government. |
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recommendation: |
That any Councillors interested in attending the Australian Local Government Women’s Association (NSW) Annual Conference in Gosford on 14-16 March 2013 advise the General Manager by 12 noon Thursday, 28 February 2013.
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Purpose of Report
To advise Councillors of the Australian Local Government Women’s Association (NSW) Annual Conference to be held in Gosford on 14-16 March 2013.
BACKGROUND
The theme for the conference is “Strong Actions New Directions”, Women in local government. The program and registration details are attached (Attachment A2 and A3)
Comments
The annual ALGWA conference provides a platform for councillors and staff to gather to discuss current and emerging issues facing women in local government. An impressive line-up of speakers has been arranged for 2013. Each presenter will bring to the conference stories of how they have made a difference in the community they live.
Governance Matters
The Policy on Payment of Expenses and Provision of Facilities to Councillors provides for Council to meet the reasonable costs of Councillors attending conferences authorised by resolution of Council.
Risk Management
There are no risk management considerations associated with this report.
Financial Considerations
The cost of attending the ALGWA Conference is $995.00 per delegate. Travel and accommodation costs will be additional.
Attendance is provided for in the Councillors' conference budget in accordance with the Payment of Expenses and Provision of Facilities Policy.
Council has an annual budget of $33,300 for Councillor’s attendance at conferences with $27,115 remaining in the 2012/2013 financial year.
Social Considerations
There are no social considerations associated with this report.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
The annual ALGWA Conference is being held in Gosford on 14-16 March 2013. The theme for the conference is “Strong Actions New Directions”, women in local government. The registration fee for the conference is $995.00 per delegate plus additional travel and accommodation costs.
Accommodation bookings must be made by Thursday 28 February 2013. At the time of writing this report the Standard Studio rooms were booked out and only limited one and two Bedroom rooms were remaining. Registrations for the conference close on 7 March 2013.
That Council determine if it wishes to send delegates to the 2013 Australian Local Government Women’s Association (NSW) Annual Conference.
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That any Councillors interested in attending the Australian Local Government Women’s Association (NSW) Annual Conference in Gosford on 14-16 March 2013 advise the General Manager by 12 noon Thursday, 28 February 2013.
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Matt Ryan Manager Records & Governance |
John Giovinazzo Acting Director Corporate |
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A1View |
Email containing program information |
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2013/029916 |
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A2View |
ALGWA Conference Program |
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2013/029913 |
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A3View |
ALGWA 2013 Conference Registration Form |
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2013/029909 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.8 / 331 |
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Item GB.8 |
S05273 |
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4 February 2013 |
Tender T66/2012 - Investment Advisory Services
EXECUTIVE SUMMARY
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purpose of report: |
To report on the outcome of the Tender for provision of Investment Advisory Services.
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background: |
Council’s investment advisory services agreement, currently provided by Denison Financial Services Pty Ltd expired in December 2011. In November 2012 Council called for open tenders for the provision of Investment Advisory services. Submissions for investment advisory services for a three year term closed on 20 November 2012. |
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comments: |
Tender documents were issued with seven (7) submissions received. The submissions were assessed in accordance with the evaluation criteria detailed in the Tender document. |
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recommendation: |
That Council accepts the Tender from Structured Credit Research & Advisory Pty Ltd to provide investment advisory services.
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Purpose of Report
To report on the outcome of the Tender for provision of Investment Advisory Services.
Background
Council’s investments are made in accordance with:
1. Local Government Act 1993, Section 625
2. Local Government Act 1993 – Investment Order dated 31 July 2008 by Minister for Local
Government
3. Trustee Act 1925 No 14 – which defines the legal responsibilities of the Trustee (that is
Councils) and the need for accountability
4. Local Government (General) Regulation 2005
Council’s two year investment advisory services agreement, currently provided by Denison Financial Services Pty Ltd, expired in December 2011. Since that date Council has been on a month to month arrangement with the current adviser.
In November 2012 Council called for a Tender for the provision of Investment Advisory Services for a period of three (3) years with the option of two (2) one year extensions. The Tender closed on 20 November 2012 and seven (7) submissions were received.
Tender submissions were received from the following organisations:
1. Bell Potter Securities Ltd
2. CPG Research & Advisory Pty Ltd
3. Denison Financial Advisory Pty Ltd
4. KPMG Superannuation Services Pty Ltd
5. Morgan Stanley Smith Barney
6. Oakvale Capital Ltd
7. Structured Credit Research and Advisory Pty Ltd
Comments
Tender Evaluation
The Investment Advisory Services Tender objective was to engage a suitably qualified and experienced advisor to provide independent advisory services regarding Council’s investment strategy and portfolio to achieve the aims of Council’s Investment Policy.
Proponents were requested to provide a fixed lump sum annual payment for their services.
A Tender Evaluation Committee (TEC) was appointed to evaluate the tenders received.
For each Tender a “weighted score” was determined using the following evaluation criteria:
1. Independent advice regarding selection of investments which best suit overall objective of maximising returns within the constraints of Investment Policy and legislation in a timely manner;
2. Review of current Investment Policy, strategy and existing investment portfolio;
3. Continuous monitoring of portfolio performance;
4. Reporting capability;
5. Key advisory personnel, key contact, referees and experience;
6. Capacity to provide advice regarding new loans, structuring and optimisation of existing loan portfolio and other value added services;
7. Additional services to be provided.
The weighted score was used to guide the selection of the preferred proponent. Interviews and
referee checks were undertaken with the two highest scoring tenderers.
Confidential attachment A2 provides details of the Tender Evaluation Committee selection criteria results. It should be noted that the evaluation represents a consolidated weighted average view of all TEC members.
Structured Credit Research and Advisory Pty Ltd (SCRA Pty Ltd) offers the best value, providing the greater potential to increase Council’s interest on investments return. Performance will depend on Council’s Investment Policy and subsequent investment strategy and related risk profile.
SCRA Pty Ltd is an organisation that is focused on providing independent investment research and advisory services to wholesale clients. The company has been in operation for 5 years. Investments covered by SCRA Pty Ltd include term deposits, bank bonds (fixed/floating rate notes), managed funds, structured investments (including Collateralised Debt Obligations), debt advisory, capital raisings and Investment Policy formulation and review.
SCRA Pty Ltd has a strong involvement in local government having provided a range of services to over 20 councils since its foundation, the majority being in New South Wales.
It is proposed to appoint SCRA Pty Ltd for a term of three (3) years from the date of contract exchange with the option of two (2) one year extensions, with any extension of the contract being by agreement of both parties in writing.
Governance Matters
Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.
Section 212 of the Local Government (General) Regulation 2005 states:
(1) The responsible accounting officer of a council:
(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:
(i) if only one ordinary meeting of the council is held in a month, at that meeting, or
(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and
(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.
(2) The report must be made up to the last day of the month immediately preceding the meeting.
Risk Management
The selection of preferred tenderer was by way of weighted selection criteria with the Tender Evaluation Committee consisting of two experienced staff from Finance and an experienced independent staff member from the Operations Department.
The Tender process has been reviewed by the Tender Review Committee. Reference checks with other councils and presentations were carried out with the preferred tenderer.
A detailed assessment was conducted through Corporate Scorecard Pty Ltd and the company was rated financially “strong” (refer to Confidential attachment A3).
Financial Considerations
Following evaluation of all tender submissions, SCRA Pty Ltd has been identified as the organisation that offers the best value for Council. If Council approves the appointment of SCRA Pty Ltd as per this report’s recommendation budget savings will be achieved in the operational budget. Adjustments will be made to the budget to reflect the savings.
Social Considerations
Not applicable.
Environmental Considerations
Not applicable.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Council’s two year investment advisory services agreement, currently provided by Denison Financial Services Pty Ltd expired in December 2011. It is proposed to appoint Structured Credit Research and Advisory Pty Ltd for a term of three (3) years from the date of contract exchange with the option of two (2) one year extensions, with any extension of the contract being by agreement of both parties in writing.
Structured Credit Research and Advisory Pty Ltd offers the best value, providing greater potential to increase Council’s interest on investments return. Performance will depend on Council’s Investment Policy, subsequent investment strategy and related risk profile.
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A. That Council accept the tender from Structured Credit Research and Advisory Pty Ltd to provide Council’s investment advisory services for a period of three (3) years from the date of contract exchange with the option of two (2) one year extensions.
B. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. That the Seal of Council be affixed to all necessary documents.
D. That a further report be submitted to Council, upon completion of the Investment Policy and strategy review by Structured Credit Research and Advisory Pty Ltd.
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|
Angela Apostol Acting Manager Finance |
John McKee General Manager |
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List of Tenders received for Investment Advisory Services |
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Confidential |
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Investment Advisory Services - Tender Evaluation Worksheet |
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Confidential |
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|
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Structured Credit Research and Advisory Pty Ltd Financial Assessment Reports |
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Confidential |
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Ordinary Meeting of Council - 26 February 2013 |
GB.9 / 336 |
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Item GB.9 |
S05273 |
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5 February 2013 |
Investment Report As At 31 January 2013
EXECUTIVE SUMMARY
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purpose of report: |
To present to Council investments portfolio performance for January 2013.
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background: |
Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy. |
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comments: |
The net return on investments for the 7 months ending January 2013 was $2,916,500 against a budget of $2,632,200, giving a YTD favourable variance of $284,300. |
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recommendation: |
That the summary of investments performance for January 2013 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.
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Purpose of Report
To present to Council investments portfolio performance for January 2013.
Background
Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.
Comments
Investment Portfolio Performance Snapshot
The table below provides the investments portfolio performance against targets identified in Council’s Investment Policy as well as other key performance indicators based on industry benchmarks.
Cumulative Investment Return against Budget
The net return on investments for the 7 months ending January 2013 was $2,916,500 against a budget of $ 2,632,200, giving an YTD favourable variance of $284,300.
The total return on investments (interest and capital gain/loss) for the month of January is provided below.
A comparison of the cumulative investment returns against year to date budget is shown in Chart 1 below.
Chart 1 - Cumulative Investment Return YTD vs. Budget
Cash Flow and Investment Movements
Council’s total investment portfolio at the end of January 2013 is $73,746,000, a decrease of $22,036,800 since July 2012. The net cash outflow for the month was $650,300 mainly due to creditor payments.
During the month, one investment matured and there were no new investments made.
Table 1 below provides detailed movement of investments during the month by institution name, investment rating and interest rates.
Table 1 – Investment Movements (January 2013)
Investment Performance against Industry Benchmarks
Overall during the month of January the investments performance was well above industry benchmark. The benchmarks are specific to the type of investment and details provided below.
Ø Cash and at call investments are compared against the 11am Cash Rate. This applies to AMP Business Easy Saver Account and Westpac Maxi-I Investment Account.
Ø UBS Bank Bill Index is used for all other investments except Cash.
A comparison of the portfolio returns against investment benchmarks is provided in Table 2 below.
Table 2 - Investments Performance against Industry Benchmarks
Table below provides a summary of all investments by type and performance during the month. Attachment A1 provides definitions in relation to different types of investments.
Table 3 - Investments Portfolio Summary
* Weighted average returns excluding Cash/At Call
Investment by Credit rating and Maturity Profile
The allocation of Council’s investment by credit rating and the maturity profile are shown in the chart below:
Chart 2 - Credit Rating (Actual level of investment compared to proportion permitted by policy)
Chart 3 - Maturity Profile (Excludes Cash)
Economic Analysis
International
· January kicked off 2013 with a positive tone. The avoidance of the fiscal cliff in the US as discussed in last month’s comments gave markets enough momentum to rally hard particularly in the first half of the month. Whilst tax rises were agreed the spending cut side of the equation is still negotiation and has the capability of unsettling markets going forward.
· In the US employment data showed a creation of 155,000 jobs in December just beating market consensus forecasts, the unemployment rate remained unchanged at 7.8%. Further positive news was delivered via an improved retail sales report with a 0.5% jump beating expectations of a 0.2% increase. The US reporting season for corporate was also quite positive with a large majority of companies surprising to the upside.
· Chinese economic data releases showed an economy remaining firm with the trade balance in December coming in at US$31.6 billion on the back of strong export numbers (up 14.1% on a year-on-year basis) whilst imports grew at 6% on the same basis. In addition, the Purchasing Managers Index data released showed it had reached 51.9 up from 51.5, this new level is the highest seen for 2 years and reflects the bullish tone coming out of that vitally important market.
Domestic
· The cash rate was left unchanged in early February. There was no RBA meeting in January.
· On the inflation front, Quarter 4 CPI data showed that there was no inflation barrier to further interest rate cuts with headline CPI at 0.2% quarter-over-quarter, which was lower than market estimates of 0.4%. Now both headline and core CPI are at 2.25% which is below the midpoint of the RBA’s targeted inflation range.
· Domestic data releases were generally weak as with labour force data for December showing a drop of 5,500 jobs and the unemployment rate moving up to 5.5%. In early February the January numbers were released which on the face of it looked positive as 10,000 jobs were created. However part time jobs were up 20,000 implying a drop for full time workers of 10,000 jobs.
· The Australian dollar was mixed against the major currencies but still managed to deliver a gain of around 0.8% on a trade weighted basis. The currency closed the month up against the USD at 1.0430 but was weaker against the Euro in particular. It delivered gains against the pound, the yen and the Canadian dollar. Our currency tends to outperform when investors are in risk-on mode as we are viewed as a higher yielding currency with the inherent risks that come with being a small component of the global markets.
Governance Matters
Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.
Section 212 of the Local Government (General) Regulation 2005 states:
(1) The responsible accounting officer of a council:
(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:
(i) if only one ordinary meeting of the council is held in a month, at that meeting, or
(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and
(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.
(2) The report must be made up to the last day of the month immediately preceding the meeting.
Risk Management
The major risk associated with investments is price risk and that being the capital value of investments may fluctuate due to changes in market prices. These changes can be triggered by factors specific to individual financial instruments, their issuers or by factors affecting similar instruments traded in a market.
Cash & Investments are also subject to interest rate risk as changes in interest rates could also have an adverse impact on returns and income.
A further risk associated with Cash & Investments is credit risk where the investment counterparty may not complete their obligations particular to a financial instrument, resulting either a capital or income loss.
Council manages these risks by diversifying its portfolio and only purchasing investments with high credit ratings or capital guarantees.
Council’s new investments are considered low risk as they are only made in a form of investment notified by order of the Minister for Local Government and Council’s adopted Investment Policy.
All investments are made with consideration of advice from Council’s appointed investment advisor, Denison Financial Advisory Services.
Financial Considerations
The budget for interest on investments for the financial year 2012/2013 is $4,512,400. Of this amount approximately $2,972,400 is restricted for the benefit of future expenditure relating to developers’ contributions, $583,300 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $956,700 is available for operations.
Social Considerations
Not applicable.
Environmental Considerations
Not applicable.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Certification - Responsible Accounting Officer
I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.
Summary
As at 31 January 2013:
Ø Council’s total investment portfolio is $73,746,000, which is a decrease of $22,036,800 compared to an opening balance of $95,782,800 at 1 July 2012.
Ø Council’s net return on investments for the 7 months ending January 2013 was $2,916,500 against a budget of $2,632,200, giving an YTD favourable variance of $284,300.
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A. That the summary of investments and performance for January 2013 be received and noted.
B. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.
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Tony Ly Financial Accounting Officer |
Angela Apostol Acting Manager Finance |
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John McKee General Manager |
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A1View |
Investments definitions specific to Council’s investment portfolio |
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2012/223363 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.10 / 345 |
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Item GB.10 |
S05273 |
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7 February 2013 |
Analysis of Land & Environment Court Costs - 2nd Quarter, 2012 to 2013
EXECUTIVE SUMMARY
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purpose of report: |
To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2012.
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background: |
A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused. An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. |
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comments: |
For the six months to 31 December 2012, Council’s legal costs and associated expenses in relation to Land and Environment Court development control matters were $494,996. This compares with the budget for the period of $615,600 for expenses, resulting in a positive variance of $120,604. |
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recommendation: |
That the analysis of Land and Environment Court costs for the six months to 31 December 2012 be received and noted.
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Purpose of Report
To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2012.
Background
A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. Council is a respondent to such proceedings.
Comments
Appeals Lodged
In second quarter, there were 12 new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:
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Financial year |
Number of appeals received (whole year) |
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2008/2009 |
39 |
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2009/2010 |
54 |
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2010/2011 |
38 |
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2011/2012 |
33 |
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2012/2013 (as at 31 December 2012) |
22 |
Of the appeals commenced during the quarter ended 31 December 2012, two were in respect of deemed refusal, and seven in respect of refusal of an application by Council. One appeal was in relation to an order issued by Council relating to non-compliant building work. Two appeals were in relation to the non-issue of a building certificate.
The subject matter of the appeals included:
· Seniors living
· Residential flat buildings
· Multi lot subdivision
· Modification to consents in relation to heritage listed properties.
costs
For the six months to 31 December 2012, Council had expenditure of $465,556 on appeals and associated expenses in relation to Land & Environment Court matters. In addition to expenditure on appeals, a further amount of $29,440 was spent in obtaining expert advice regarding development assessment matters resulting in total expenditure of $494,996 against a total budget of $615,600, a variance of $120,604. These costs are made up of legal costs, fees charged by any consultants retained as expert witnesses and other costs incurred as a result of Council’s role in the proceedings.
Accordingly, there was an overall positive variance for appeals against budget of $120,604.
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Land & Environment Court Costs 2009/2010 - 2012/2013 |
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Financial Year |
Total Costs |
1st quarter September |
2nd quarter December |
3rd quarter March |
4th quarter June |
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(54 appeals lodged) |
$1,445,394 |
$217,726 |
$368,642 |
$264,137 |
$594,899 |
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2010/2011* (38 appeals lodged) |
$1,297,458 |
$333,219 |
$271,232 |
$256,486 |
$436,521 |
|
2011/2012* (33 appeals lodged) |
$1,396,006 |
$183,714 |
$314,271 |
$333,656 |
$564,365 |
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2012/2013 (appeals lodged) |
$494,996 |
$172,245 |
$322,751 |
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* Costs reported to Council in previous reports
For the same period, receipts of legal costs recovered were $20,500 compared to a year to date budget of $25,800.
SUMMARY BY WARD
A summary of the above Land & Environment Court costs by Ward for quarter end as at 31 December 2012 is shown in the following table:
Outcomes
At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.
In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.
In this context, any of three outcomes can be regarded as favourable, namely:
1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;
2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court;
3. If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.
Ten matters were concluded during the quarter. A favourable, or substantially favourable, outcome was achieved in all matters, two of which were discontinued by the applicant, and two dismissed by the Court. The other matters were resolved, in five cases by agreement in relation to an amended proposal, and in one by the Court approving the development subject to changes imposed by way of condition.
Governance Matters
Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.
Risk Management
Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.
Financial Considerations
Land & Environment Court legal costs form part of Council’s recurrent operating budget.
Social Considerations
None undertaken or required.
Environmental Considerations
None undertaken or required.
Community Consultation
None undertaken or required.
Internal Consultation
This report has been developed with input from Council’s Corporate Lawyer, Acting Director Corporate and Director Development & Regulation.
Summary
For six months to 31 December 2012, Council had expenditure of $494,996 on appeals and associated expenses in relation to Land & Environment Court matters. This compares to a year to date budget of $615,600, a positive variance of $120,604.
Accordingly, there was an overall positive variance for appeals against budget of $120,604.
For the same period, receipts of legal costs recovered were $20,500 compared to a year to date budget of $25,800.
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That the analysis of Land and Environment Court costs for six months to 31 December 2012 be received and noted.
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Tony Ly Financial Accounting Officer |
Jamie Taylor Corporate Lawyer |
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John Giovinazzo Acting Director Corporate |
Michael Miocic Director Development & Regulation |
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A1View |
Individual Case Summary December 2012 Quarter - Land and Environment Court Costs |
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2013/040283 |
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APPENDIX No: 1 - Individual Case Summary December 2012 Quarter - Land and Environment Court Costs |
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Item No: GB.10 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.11 / 355 |
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Item GB.11 |
FY00467/2 |
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6 February 2013 |
2012 to 2013 Budget Review - 2nd Quarter
ended December 2012
EXECUTIVE SUMMARY
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purpose of report: |
To inform Council of the results of the second quarter budget review for 2012/13 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2012 to 31 December 2012.
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background: |
Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2012/13) financial year. |
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comments: |
Council’s operating result (including capital income) for the quarter is $41.59m compared to a budget surplus of $42.03m, resulting in an unfavourable variance of $440k. Capital & Operational projects expenditure for the quarter is $42.2m compared to the budget of $47.2m. The lower than expected expenditure of $5m is mainly due to major projects not commencing as originally planned. |
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recommendation: |
That Council receive and note the December 2012 Quarterly Budget Review; and that the recommended changes to the 2012/13 Budget be adopted.
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Purpose of Report
To inform Council of the results of the second quarter budget review for 2012/13 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2012 to 31 December 2012.
Background
In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”):
(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.
(2) A budget review statement must include or be accompanied by:
a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and
b) if that position is unsatisfactory, recommendations for remedial action.
(3) A budget review statement must also include any information required by the Code to be included in such a statement.
The Division of Local Government has developed a set of minimum requirements that assists councils in meeting their obligations as set out in legislation.
At the Council meeting held on 26 June 2012, Council adopted the 2012-2016 Delivery Program & Operational Plan, which incorporated the annual budget for 2012/2013. The resolution adopting this Delivery Program was under Minute 177.
Comments
Summary
This review analyses Council’s financial performance for the second quarter of 2012/13 by comparing actual income and expenditure against budget, and forecasts an end of financial year position.
The organisation’s operating result (including capital income) for the 2nd Quarter is a surplus of $41.59m compared to a budget of $42.03m. The unfavourable net variance of $440k results from a net favourable operating variance of $5.12m offset by an unfavourable capital income variance of $5.56m.
These have been addressed as part of the Quarterly Business Review process.
The table below provides a summary of the income and expenditure performance against budget by department and by resource groups for the 6 months ending December 2012, and a forecast of the end of financial year position.
The key drivers in income and expenditure performance are provided in more detail under its relevant section in the report.
Operating Income
Operating income for the second quarter is $85.23m compared to a year to date (YTD) budget of $83.8m, resulting in a favourable variance of $1.43m.
Significant variances include:
· Rates and Annual Charges - $448k above budget as a result of rate income levied more than forecast due to supplementary rating.
· Interest on Investments - $368k above budget as a result of improved interest rates and better return on longer term maturities.
· Other Revenue - $218k above budget due to additional restorations works provided to the community.
· Operating Grants and Contributions – 434k above budget mainly due to phasing of Council’s Library grant and the Child Care Benefit received for Family Day Care and TCCC.
Capital Income
Capital income for the second quarter is $4.47m compared to a YTD budget of $10.03m, resulting in an unfavourable variance of $5.56m
Significant variances include:
· Asset Sales - $2.5m below the YTD budget due to Land sales of the B2 project having been deferred to 2013/2014 given delays in obtaining a development approval.
· Section 94 Income - $2.4m below budget is mainly due to less than anticipated Sec 94 income received.
· Capital Grant - $645k below budget is mainly due to phasing of capital grant budgets.
Expenditure
The actual expenditure for the half year ended 31 December 2012 is $48.11m compared to a budget of $51.80m, creating a favourable variance of $3.69m.
Reasons for significant variances in expenditure are:
· Employee costs - $836k below budget across all departments. The major variances are within Operations ($482k) and Development and Regulation ($154k).
· Materials & Contracts - $520k below budget mainly due to Legal, Consultancy and Lease costs less than forecast.
· Depreciation - $432k below budget across Council. The variance is mainly due to actual depreciation being less than originally forecast. This will be reviewed in the March Quarterly Review.
· Operating Projects - $1.24m below budget mainly due to projects not being commenced as previously forecast.
Quarterly Budget Review Statements
The Quarterly Budget Review Statements (QBRS) are composed of the following budget review reports:
· Income and Expenses Budget review Statement
· Capital Budget (Expenditure and Funding) Budget Review
· Budget Review Income and Expenses Statement by Principal Activity
· Budget Review Cash and Investments position
· Budget Review Contracts and Consultancy Expenses
· Statement by the Responsible Accounting Officer on Council’s financial position at the end of the year based on the information in the QBRS
These statements are shown below.
Income and Expenses Budget Review Statement
Capital Budget (Expenditure and Funding)
Budget Review Income and Expenses Statement by Principal Activity
Budget Review Cash and Investments position
Restricted funds are invested in accordance with Council’s Investment Policy. The total investment as per the December 2012 Investment Report is $74.40m. The reconciliation of cash with the bank statement is performed monthly and the last bank reconciliation was completed on 4 January 2013.
A detailed Restricted Asset Report for December 2012 (Actual) is shown in Attachment A1
Budget Review Contracts and Consultancy Expenses
Proposed Budget Adjustments
The table below lists the proposed budget adjustments for the December Quarterly Review. Project adjustments are discussed in more detail further in the report.
Capital & Operational Projects 2012/2013
Actual expenditure for capital & operational projects for the period ending 31 December 2012 is $42.2m against the YTD budget of $47.2m, resulting in a favourable variance of $5m. The variance is mainly due to major projects not commencing as originally planned, some of which are part of the $8.25m worth of projects being proposed to be deferred to the next financial year.
The table and chart below shows the YTD actual projects expenditure against YTD budget for the quarter ended December 2012.
All Proposed Budget adjustments for each Project and explanation for the changes is detailed in Attachment A2 – Summary of Capital and Operational Project Budget Adjustments
Major Capital Works Summary
Operations Projects
Work has commenced on a number of capital projects allocated to Operations. Expenditure and the works schedule is ahead of the program. A review of the budget was also necessary in a number of program areas following advice of grants. The status of various projects and reviews of programs is covered in the commentary below:
· Roads
The roads program at the end of the second quarter was more than 50% complete and it is planned to complete the roads program by May 2013.
· Footpaths
Designs have been completed for most of the new footpath works. The new footpath at Lynbara Avenue and Mona Vale Road, St Ives has been completed and work has commenced on the new footpath at Malga Avenue, Roseville. An adjustment to the budget is required to complete works and assist with Council’s share of funding for the Comenarra Parkway work at Ravenhill Road.
· Traffic Facilities
Designs are currently underway for most of the projects with the Woodbury Road devices recently completed. Also, work is soon to commence on the camber correction works at Eastern Arterial Road and The Comenarra Parkway. An adjustment of funding is required to assist with funding Council’s share of these projects.
· Drainage
At this stage, only minor drainage works have been carried out. Designs have been prepared for Doncaster Avenue, Eastgate Avenue and Cassandra Avenue.
· Playgrounds
Designs are now complete for Bancroft Park and tenders will soon be called for this upgrade. Work is now complete on Blackburn Reserve Playground.
· Sportsfield
Work is now complete on the stormwater harvesting works at Koola Oval and Alan Small Oval in preparation for the upgrades. Fill has been placed at Golden Jubilee Oval No. 2 as surplus material was able to be sourced from the new SES/RFS site and also the West Pymble pool site. This has saved Council money for all projects involved. The cricket nets at Koola Park will commence soon and should be complete by April 2013.
· Sports Courts
Council has recently approved the tenders for all the sports courts upgrades. Work has commenced on the upgrades.
· Sewer Mining
The North Turramurra sewer mining plant is now operational, and in test mode until result satisfies Sydney Water and Department of Health requirements.
· Public Toilets
An adjustment has been made to the program to allow for the demolition of the public toilet block at William Street car park and replacement with a new state of the art public toilet. A further report on the public toilet program will be submitted to Council in March 2013.
Strategy Projects
Updates of significant projects are provided below:
· St Ives Girl Guides and Scouts Relocations and St Ives Village Green Master Plan
Construction of the new club house at Warrimoo Oval is largely complete, with internal fit out and associated landscaping works being carried out over the next few months. Once completed, this project will enable the St Ives Girl Guides to relocate from St Ives Village Green to the newly renovated existing club house at Warrimoo Oval. St Ives North Scouts have received development approval for alterations and additions to the Warrimoo Oval Scout Hall and the works are currently out to tender. Upon approval of the DA and completion of the building works, the Scouts will move out of St Ives Village Green and consolidate all of their activities at Warrimoo Oval. The Scout and Guides old buildings at the Village Green will then be demolished and implementation of the Village Green Masterplan will get underway, commencing with the expanded children’s playground and new youth precinct, including the new Skate & Bike Park.
· New park at Bruce Ave Killara
Design has been completed and the project is being prepared for tender.
· B2 Land Subdivision
The B2 Subdivision is a joint project with the adjoining land owner, the NSW Department of Planning and is one of the major funding sources for the West Pymble Pool. A development application was lodged in August 2012 and it is anticipated that a determination will be made by the end of the fourth quarter. Land sales have been deferred to 2013/2014 given delays in obtaining an approval.
· West Pymble Pool
Progress on the ground continues to improve with the pool anticipated to be up and running by the start of the ordinary swimming season. As previously flagged, some cost overruns have been experienced and when fully quantified will be reported to Council. In some aspects it is anticipated that arbitration may be necessary, extending beyond handover of the project to Council.
· NTRA
Preliminary engineering works to stabilise the former landfill site continue. A contract for civil works and finishing works has been awarded and the site handed over to the contractor.
Report by Responsible Accounting Officer
It is my opinion that the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 31 December 2012 indicates that Council’s projected financial position at 30 June 2013 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.
One of Council’s key performance indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum available working capital balance of $4.2m. As a result of the December Review the forecast of available working capital at 30 June 2013 is $4.2m.
Governance Matters
Not applicable.
Risk Management
Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure can not be directly controlled, it can be monitored and action taken to mitigate potential financial or budgetary risk. Further, Council staff utilise monthly management reporting for managing operational and project income and expenditure, and any budget variations are reported to the Director. The executive team are also provided with a monthly financial pack that allows Directors to make informed decisions and plan ahead to ensure budget targets are met.
Financial Considerations
Due to deferred expenditure on capital and operational projects of approximately $8.25m from the current financial year, the end of year forecast working capital will increase by $3m, which is in excess of the Long Term Financial Plan target of $4.2m. It is proposed to reduce the 2012/13 borrowing limit by $3m to leave working capital at the target level. This will also reduce Council interest expense in future years. A new required borrowing limit for next financial year will be set during the review and approval of 2013/14 Annual Budget and LTFP.
The table below reflects the December review adjustment, including the proposed reduction in borrowing costs, thus decreasing the Working Capital to realign with the end of financial year target of $4.2m.
Social Considerations
Not applicable.
Environmental Considerations
Not applicable.
Community Consultation
Not applicable.
Internal Consultation
Finance met with each Director as part of the Quarterly Business Review to ensure departmental budget target reflects current market conditions and where applicable adjusted to reflect the change. Any increase in expenditure has been offset by savings in other areas. Comments from Managers and Directors have also been included as part of this report.
Summary
Council’s operating result (including capital income) for the 2nd Quarter is a surplus of $41.59m compared to a budget of $42.03m. The unfavourable net variance of $440k results from a net favourable operating variance of $5.12m offset by an unfavourable capital income variance of $5.56m.
Capital & Operational projects expenditure for the quarter is $42.2m compared to a budget of $47.2m. The lower than expected expenditure of $5m is mainly due to major projects not commencing as originally planned, some of which are now proposed to be deferred to the 2013/14 financial year.
Council’s working capital as at 1 July 2012 was $5.69m and is forecast to be $4.2m at 30 June 2013 in line with the target identified in Council’s adopted Long Term Financial Plan.
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A. That Council receive and note the December 2012 Quarterly Budget Review. B. That the Restricted Assets Report as at 31 December 2012, as shown in Attachment A1 be noted. C. That the recommended changes to the 2012/13 Budget as reported be adopted.
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Michael Lopez Management Accountant |
Angela Apostol Acting Manager Finance |
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John McKee General Manager |
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A1View |
Restricted Assets Report - December 2012 |
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2013/038823 |
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A2View |
Summary of Capital and Operational Project Budget Adjustments - December 2012 |
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2013/038802 |
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APPENDIX No: 2 - Summary of Capital and Operational Project Budget Adjustments - December 2012 |
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Item No: GB.11 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.12 / 380 |
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Item GB.12 |
DA0363/12 |
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1 February 2013 |
28 Wolseley Road Lindfield - Supplementary Report
EXECUTIVE SUMMARY
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purpose of report: |
To determine development application DA0363/12 for alterations and additions to an existing dwelling including the construction of a cabana.
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background: |
An assessment report which recommended refusal of the application was considered by Council on 11 December 2012 where Council resolved to defer determination pending a site inspection. |
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comments: |
The site inspection was held on 23 January 2013. |
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recommendation: |
That the application be refused.
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Purpose of Report
To determine development application DA0363/12 for alterations and additions to an existing dwelling including the construction of a cabana.
Background
An assessment report and recommendation was considered by Council at its meeting on 11 December 2012. Council resolved to defer determination of the application pending a site inspection. The site inspection took place on 23 January 2013. During the site inspection a number of questions were answered by staff. No further issues or questions were taken on notice.
Comments
The site is located in the Wolseley Road Conservation area under Ku-ring-gai LEP (Local Centres) 2012. At the time that the previous assessment report was considered by Council on 11 December 2013 the Ku-ring-gai LEP (Local Centres) 2012 was a draft Environmental Planning Instrument. On 25 January 2013 the Ku-ring-gai LEP (Local Centres) 2012 was published in the government gazette. The LEP commenced operation on 14 February 2013. The reasons for refusal have been updated to reflect the change in the status of Ku-ring-gai LEP (Local Centres) 2012.
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PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
THAT Council, as the consent authority, refuse development consent to Development Application No. 0363/12 for alterations and additions on land at 28 Wolseley Road, Lindfield for the following reasons:
A. The development does not comply with the development standard for built-upon area contained within clause 11 of Interim Development Order No. 78. Compliance with the development standard is not unreasonable or unnecessary and the SEPP 1 objection to the development standard is not well founded.
Particulars
i. Compliance with the development standard is not unreasonable or unnecessary in the circumstances of the case. ii. The objectives of the development standard are not achieved. iii. The landscape outcome for the site is significantly different to adjoining sites and inconsistent with the existing and desired future character of the area.
B. The proposed
development is inconsistent with the requirements of DCP 38 – The
Particulars
i. In contravention of the requirements of part 4.1 the development would have an unacceptable impact on the character of the Wolseley Road streetscape which is located in a Heritage Conservation Area. ii. In contravention of the requirements of part 4.3, the development will not maintain or enhance the landscape character of the area. iii. In contravention of the requirements of part 4.6, the height and location of the proposed cabana is obtrusive and poorly integrated with the landscape.
C. The proposed development is inconsistent with the requirements of Ku-ring-gai LEP (Local Centres) 2012.
Particulars
The proposed development will have an adverse impact on the heritage significance of the Wolseley Road Conservation Area.
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Jonathan Goodwill Development Assessment Officer |
Shaun Garland Team Leader Development Assessment South |
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Corrie Swanepoel Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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A1View |
Report to Council 11 December 2012 |
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2013/025659 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.13 / 402 |
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Item GB.13 |
S06785/2 |
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21 December 2012 |
Update Report on the Development Contributions System
EXECUTIVE SUMMARY
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purpose of report: |
The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system in 2012 and anticipated highlights for 2013 and further into the future.
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background: |
Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer service, financial management and project management and delivery of community assets. |
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comments: |
This report focuses on key aspects of the development contributions policy, systems management and communications and highlights in asset instigation. |
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recommendation: |
That the information in this report be received and noted and that Council approves the divestment of 4 William Street, Turramurra.
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Purpose of Report
The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system in 2012 and anticipated highlights for 2013 and further into the future.
Background
Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer service, financial management and project management and delivery of community assets.
A report is provided to Council on a six-monthly basis outlining progress on the delivery of key items of infrastructure through the development contributions system.
This report focuses on key aspects of development contributions policy, systems management and communications and highlights in asset instigation.
Comments
Ku-ring-gai Contributions Plan 2010
Ku-ring-gai Contributions Plan 2010 came into force on 19 December 2010 and has continued to lawfully operate and apply to all new development in the Local Government Area of Ku-ring-gai – notwithstanding the changing statutory planning context in the centres along the Pacific Highway and in St Ives.
Development, infrastructure and development contributions
Development brings with it demand for physical and community infrastructure. The demands for new and upgraded infrastructure in areas of urban renewal are different from those found in greenfield areas but they are no less essential to supporting a successful intensification of density. Infrastructure, provided by contributions that are levied on higher-density development, supports a significant change in density in many areas, integrating improvements in public squares, civic spaces, new parks, new roads and pedestrian linkages with the surrounding development. Infrastructure is essential to support the shift in character of a suburban centre to an urban one, bringing with it changing lifestyles and demographics. These are very real infrastructure demands.
The paragraphs below provide an overview of Ku-ring-gai’s intentions with respect to the provision of infrastructure supporting development in the local centres.
New open space and new civic space
To date, Ku-ring-gai Council has acquired nearly 16,000 sqm of land at a cost of just under $30.5M for the provision of new local parks and civic spaces. The process of designing and delivering some of these prospective new parks is well underway.
The following is a stepped process for delivering a new park:
1. Property acquisition and site consolidation (at least three, usually more properties);
2. First stage community consultation – surveys of local residents and potential park users;
3. Detailed preliminary designs;
4. Second stage community consultation – seeking feedback on the draft preliminary design;
5. Detailed final design;
6. Approval processes and tenders;
7. Construction phase begins.
Cameron Park: Located in Gilroy Road Turramurra, adjoining the existing Cameron Park. The new acquisitions will effectively double the size of Cameron Park. Planning for the new park has undergone the first phase of community consultation which was a survey to achieve an insight into what the local residents look for in a local park. The next phase of the planning process has commenced with the preparation of a draft concept plan. Consultation with key stakeholders is currently underway including Lifestart and Turramurra Rotary. It is anticipated that the concept plan will be ready to go on public exhibition in early 2013. At this stage construction of the new park is programmed to commence around the middle of 2013.
Cameron Park is at Stage 3 of the process outlined above.
Greengate Lane/Bruce Avenue Park (no official name as yet): Located on Bruce Avenue in Killara, this project is well advanced. Demolition of the houses was completed in November 2012 and Council is currently finalising the construction drawings and specifications that will form the basis of a tender. At this stage it is envisaged that tenders for construction will be called in early 2013 with construction commencing in about March 2013. If all runs to program the park will be finished and open before the end of 2013.
Killara’s new park is at Stage 7 of the process outlined above.
Carcoola Road St Ives: Last year Council settled on the purchase of 14-16 Carcoola Road, St Ives from the Department of Planning & Infrastructure (DoPI). Council owns the adjoining land at 18 Carcoola Road. Combined, these parcels of land will provide a local park of about 2,800 sqm.
The future stages including design and community consultation are expected to commence around March-April 2013 with construction anticipated in the next new financial year.
The extension to Carcoola Parklands is between Stages 1 and 2 of the process outlined above with the planning for community consultation beginning.
Balcombe Park: This new park, on Woonona Avenue Wahroonga, is in front of the historic property ‘The Briars’. It was officially opened on Tuesday 27 November 2012.
Balcombe Park is now complete and open for the community to use.
Turramurra: Council has acquired three out of four targeted properties in Duff Street/Allan Street in Turramurra. Council staff are hopeful of being in a position to begin community consultation in the next financial year.
Areas of priority for new parkland and/or civic spaces
Ku-ring-gai Council is actively pursuing opportunities for land acquisitions for new parks in areas of recent development activity where no new parks have yet been established.
An area of continued focus is Lindfield which has experienced significant development and, as yet, does not have a designated site already in council’s ownership for new parkland. A number of targeted sites over some years have not yet come to fruition.
For Lindfield, it may be necessary to explore the provision of civic space as an urban park at an earlier date in order to ensure that Lindfield is provided for within a reasonable period due to challenges in acquiring land.
To this end Council has commenced the project planning stage for a new village green on Council’s land on the corner of Tryon Road, Chapman Lane and Kochia Lane (currently a Council car park). This location has been earmarked for a civic space since the adoption of the Ku-ring-gai Contributions Plan 2010. Alternative design options include the possibility of the centralisation of new community facilities with the civic space. At this stage, following the matter being reported to Council, it is envisaged that Council will call for expressions of interest in mid 2013 from teams of consultants to undertake the design and planning process. Councillors were briefed on a funding model for the project at the November Induction Workshop.
Divestment of Land in William Street, Turramurra.
The property known as 4 William Street, Turramurra was identified in the Ku-ring-gai Local Environment Plan (Town Centres) 2010, for a future Town Square. Council subsequently purchased the property and resolved to classify the subject property as Operational Land in accordance with the requirements of the Local Government Act 1993.
On 28 July 2011, the Land and Environment Court declared that the Ku-ring-gai Local Environmental Plan (Town Centres) 2010 was invalid. As a result, all land that was covered by Ku‑ring-gai Local Environment Plan (Town Centres) 2010, reverted to the planning controls of the Ku-ring-gai Planning Scheme Ordinance. This removed the previous road reservation on the property.
A new Ku-ring-gai Local Environmental Plan (Local Centres) 2012 was prepared and approved at the Extraordinary Meeting of Council on 31 July 2012 with a number of amendments. Council resolved, in part:
11. The new Town Square in the Ray Street precinct is to be located on part of William Street and the adjacent car park and zoned RE1, Local Open Space. Land previously purchased for Open Space at 4 William Street, Turramurra is to be disposed of.
For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald, Szatow and Hall
Against the Resolution: The Mayor, Councillor J Anderson and Councillor Duncombe
As the property is no longer required for a new road link under the Ku-ring-gai Local Environmental Plan (Local Centres) 2012, it has become surplus to Council’s requirements.
Council’s adopted Acquisition and Divestment of Land Policy, 2009, sets out the principles, framework, responsibilities and processes for Council and officers to account for, and manage the acquisition and divestment of Council land assets. The policy provides for impartiality, transparency, accountability and the delivery of best value in the acquisition and divestment of land.
As a result, an open, competitive process of divestment is required by choosing one of the following methods:
· Expression of interest – usually used for unusual properties capable of a variety of development, where it is difficult to determine a market value.
· Tender – the least common and used predominantly in high value, limited market situations.
· Auction – the most open and public method, favoured by government, but reliant on high levels of competition. Often achieves a quick sale. Can fail in a poor market.
· Private Treaty – the most common, where an asking price is set and negotiated with individuals, usually through a real estate agent (who can be an independent third party to the negotiation process) and can arise after an unsuccessful auction.
Based on impartiality and transparency it is recommended that the property be sold by way of a public auction through a selected real estate agency.
Fee proposals will be sought from selected local real estate agencies based on Council’s Procurement Policy. Once the real estate agency has been selected, the contract of sale will be prepared by Council’s solicitor and a marketing campaign organised. The date of the auction will be established following discussion with the selected real estate agency.
Prior to the auction a valuation will be commissioned to establish the reserve price for the auction.
The timing of the sale is critical and it is therefore recommended that the property be marketed around March 2013 to ensure the public auction is carried out before the end of the autumn sales.
New roads and traffic and pedestrian improvement works
To date, Ku-ring-gai Council has acquired several properties for the provision of new link roads to facilitate traffic and pedestrian access in and around the local centres.
Gordon is the target of several new link roads to break the very long blocks that stretch from the Pacific Highway to Vale Street and, thereby, improve vehicular and pedestrian circulation and access around the local centre. The affected properties were zoned for acquisition as SP2 Infrastructure and revert to the relevant residential zone after acquisition by Ku-ring-gai Council. This facilitates the divestment of any part of the width of the affected property that is not required for the provision of the link road reservation itself.
The Dumaresq Street to McIntyre Street link has been designed to draft stage. Preliminary negotiations commenced with the developer of the adjoining blocks for a draft voluntary planning agreement to simultaneously achieve the delivery of the new road and a development that is orientated towards the new road, which could have had the effect of improving both the presentation of the development to Dumaresq and McIntyre Streets – without driveways – and an improved internal layout and amenity within the units. Unfortunately, that developer elected to sell their options over the properties that make up the adjoining development site after the invalidation of the 2010 Town Centres LEP, notwithstanding the approval of their earlier Development Application prior to this event. At this point in time the site is currently being developed and there is no opportunity to revisit the opportunity for a voluntary planning agreement to deliver the road, or to achieve a better design outcome. Council will need to deliver this road itself to fulfil its obligations for the provision of this infrastructure.
The Dumaresq Street to Moree Street link has been partially designed to draft stage and that design is currently being progressed to construction drawings concurrent with the update of the hydrology and drainage studies following on from new development within the catchment. Council is the owner of 32 Dumaresq Street Gordon but at the time of writing has not reached any agreement with the owner of the property fronting Moree Street. There is potential for the Dumaresq Street part of this road to be delivered concurrent with an adjoining development – subject to the formal proceedings inherent in the preparation, exhibition and adoption of a draft Voluntary Planning Agreement.
Council has also recently acquired 4A Moree Street Gordon for car parking utilising contributions received in the past towards the provision of public car parking. That property is intended to be joined with Council’s existing car park at 2-4 Moree Street. Ultimately, much further into the future, a road link through these properties to St Johns Avenue is targeted however, the present development activity in the Gordon commercial area does not yet trigger need for this link. Current levels of development activity in McIntyre, Dumaresq and Moree Streets, however, make these two link roads a much higher priority.
The Local Centres LEP also deletes the proposed link road through 12A Park Road in Pymble and the Council resolution on the status of this property formally requires its divestment. That process is underway.
Census 2011
Ku-ring-gai will, very shortly, be in a position to build a much more detailed picture of the demographic effect of new development since the 2006 census. The Stage One and Stage Two releases of data from the 2011 census have occurred and the final stage of data release will occur on 28 March 2013. The data release is to defined geographical areas which do not correlate with the areas of high development activity in Ku-ring-gai. While they provide an overall picture of the Ku-ring-gai LGA, the impacts of population growth and change in each centre will require tailored new geographies. The acquisition and detailed analysis of data for these areas will be a focus in 2013.
The final data release and the analysis of that census data is usually considered a trigger for a revision and refinement of a contributions plans. It is anticipated that this review will commence in 2013 however it may be affected by the release of the White Paper and draft exposure bill for a new Planning Act. At this stage, the future form of the development contributions system must be considered uncertain.
Any revision will essentially be an update of the current Ku-ring-gai Contributions Plan 2010 to reflect updated information about demography and development. While this information will inform future detailed designs of parks, the public domain and the like, it is not expected to result in significant changes to the broad scope of the works programme.
Considering that a relatively small proportion of the development approved from mid-2004 onwards was both constructed and inhabited by the time of the 2006 census, and considering the volume of development that has occurred since, this is a very important census for Ku-ring-gai and the first opportunity to understand who is living in these new developments.
Voluntary Planning Agreement policy
Ku-ring-gai’s current Planning Agreement Policy 2008 is nearly five years old. There had been no active use of this policy until the negotiation of the Planning Agreement to deliver the infrastructure arising from the concept approval by the Department of Planning of the Defence Australia redevelopment of lands formally part of the UTS at Lindfield. A second prospective VPA is currently in preliminary draft stages. Following the experience of these two VPAs it would be appropriate to review and update this policy in 2013. Once drafted, a report will be put to Council prior to the exhibition of any such draft document.
Governance Matters
The need to give members of Council and the community more information on progress and activity in the development contributions systems was identified as part of the Delivery Program and the Operational Plans. It is intended to continue to provide this report regularly (six-monthly) and to provide additional information and links on Council’s website throughout the year.
In relation to the proposed sale of 4 William Street, in accordance with Section 377 of the Local Government Act 1993, the decision to dispose of land can only be made by resolution of Council.
“Land” includes all real property whether vacant or improved. Land may not be sold by Council unless it is classified as “operational land” under Section 25 of the Local Government Act, 1993.
Council resolved at its meeting of 22 February 2011, to classify the subject property as Operational Land in accordance with the requirements of the Local Government Act 1993.
The divestment of the property will be in accordance with Council’s Acquisition and Divestment of Land Policy, 2009.
Risk Management
The works programme arising out of Ku-ring-gai Contributions Plan 2010 through to at least 2031 is a multi-million dollar undertaking. Infrastructure delivery will be possible only through the receipt of contributions which will be affected by several economic cycles over the life of the contributions plan. The risks in taking such a strategic horizon are managed through regular reviews of the contributions plan, at a minimum after the release of data from each five-yearly census or, more frequently, if the pace or scale of development is definitely changed by any statutory process or economic cycle. The rate and scale of development is monitored by Council staff.
With respect to the invalidity of the Ku-ring-gai Local Environmental Plan (Town Centres) 2010, it must be emphasised again that this LEP also incorporated many areas that were already zoned for higher density development under Ku-ring-gai LEP 194, simply converting them to the standard template LEP. The invalidity of the town centres LEP, therefore, impacted chiefly on the commercial hearts of each of the town centres while allowing multi-unit development to continue along the Pacific Highway and St Ives in the residential areas around the commercial centres. New development applications receiving consent since the invalidity of the town centres LEP (but permitted by LEP 194) continue to contribute contributions calculated in accordance with current Ku-ring-gai Contributions Plan 2010.
Another noted effect of the invalidity, however, has been the activation of some much older consents – nearly five years old (almost at the point of lapsing) together with some even older consents which had achieved substantial commencement. These are consents which might otherwise have been superseded by newer designs under the Town Centres LEP and DCP, had it remained in place. These developments were levied under older contributions plans and those amounts have been duly inflated by the consumer price index and housing price index at time of payment as required by the terms of the applicable contributions plan. All such contributions continue to fund the delivery of infrastructure supporting new development in Ku-ring-gai.
In terms of the consequential changes that might arise from the Ku-ring-gai Local Environmental Plan (Local Centres) 2012, it must be noted that Ku-ring-gai remains committed to providing for an additional 10,000 achievable dwellings to 2031. Centre by centre adjustments to either the proposed infrastructure and/or the contribution rates in that centre as a result of addressing changes in total estimated yields by each individual centre, will be assessed as part of the review concurrent with the staged release and analysis of 2011 census data.
In relation to the proposed sale of 4 William Street, the sale process will be carried out according to Council’s Acquisition and Divestment of Land Policy, 2009.
The engagement of an in dependant real estate agent be undertaken in line with Council’s Procurement Policy. The agent will be responsible for marketing, property inspections, the appointment of the auctioneer and the final auction process.
Council’s solicitor will be responsible to ensure that the Contracts for the Sale of Land satisfy statutory disclosure and warranty obligations to protect Council’s interest.
Financial Considerations
Council maintains a dynamic Long Term Financial Plan. The works programme of Ku-ring-gai Contributions Plan 2010 was integrated into the Long Term Financial Plan from the start of 2011 and adopted by Council on 3 May 2011. Staff of both the Finance Unit and the Urban Planning & Heritage Unit monitor both income and development growth respectively and liaise to maintain a deliverable works programme. The scheduling of works through to the long term should be considered somewhat fluid depending on strategic opportunities that might arise from time-to-time and the management of cash flows during the economic cycle.
In this context, Ku-ring-gai Contributions Plan 2010 comprises a large range of works from small-scale parkland embellishments to major community infrastructure facilitating considerable flexibility in managing a financially deliverable work programme over time. Ku-ring-gai staff continue to refine the cash-flow management of development contributions to support and facilitate the delivery programme over the life of the Contributions Plan. As part of this process, recently staff have been involved in addressing the issue of the effect of pooling contributions across the Contributions Plan to facilitate an efficient programme of infrastructure delivery over time. An anticipated improvement from 2013 is a dedicated cash-flow management system feeding into the Long Term Financial Plan for the analysis and improved financial cash-flow management of development contributions.
In relation to the proposed sale of 4 William Street, a reserve price will be established based on an independent valuation report commissioned prior to the auction date.
In the event the reserve price is not met, it is normal Council practice to allow for up to a 10% variance on the reserve price set at auction. This variance provides flexibility to ensure Council has the capacity to meet the current market demands at the time of auction. It is normal practice for the General Manager to attend the auction to execute contracts and, if required, enter into negotiations with the highest bidder in the event the reserve price is not reached.
The net proceeds of the sale will be reimbursed into the Section 94 Contributions Plan.
Social Considerations
Ku-ring-gai Local Government Area has been going through a period of change commencing in earnest in 2004. This is bringing about population growth following years of declining and stable population since the 1980s. Infrastructure is essential to support and encourage the integration of the new residents of Ku-ring-gai, both among residents of the new dwellings being built and those moving into larger existing housing vacated by the members of Ku-ring-gai’s older population who have ‘downsized’ into smaller local accommodation.
The provision of additional community infrastructure providing both outdoor and indoor community spaces will continue to support this process and help Ku-ring-gai continue to be a vibrant and popular place to live for all ages.
Environmental Considerations
Environmental considerations are part of the detailed design of every item of infrastructure provided for in the Contributions Plan. The provision of this infrastructure is required to support cohesive and sustainable communities in areas of increasing urbanisation.
Community Consultation
One of the areas where Council could do better is in the publication of information relating to the delivery of infrastructure arising from development contributions on an on-going basis.
The review, redesign and upgrade of Ku-ring-gai Council’s website will facilitate this process. Once live it is anticipated that Ku-ring-gai will be able to better showcase its achievements in infrastructure delivery.
As Ku-ring-gai progresses the delivery of new parks and new roads on the land holdings acquired for that purpose, this information will be updated to demonstrate that Ku-ring-gai Council does deliver valuable community infrastructure from development contributions.
As well as providing a current information resource for the community and local developers, this visual demonstration of Council’s on-going delivery of infrastructure will also assist in addressing media inquiries and criticism from external development agencies.
Internal Consultation
The management of the development contributions system is a truly whole-of-Council system from policy development, to contributions calculation, through inflation and receipting to infrastructure development. All aspects of the contributions system are co-ordinated across council with input from all areas with a direct interest in that aspect on an on-going basis.
Summary
This report summarises where Ku-ring-gai is heading in the delivery of infrastructure funded, or partly funded, by development contributions across the LGA with particular reference to the local centres along the Pacific Highway and in St Ives where the majority of redevelopment is concentrated. It is the fourth in a series of six-monthly updates in 2011 and 2012. It outlines progress on the delivery of community infrastructure on recently acquired sites for the both parks and roads as well as other works wholly or partly funded by development contributions.
More technical detail is reported quarterly in Council’s Long Term Financial Plan, in Council’s annual budget and as part of individual key infrastructure items such as the West Pymble Aquatic Centre and North Turramurra Recreation Area.
In relation to 4 William Street, Turramurra, this property is no longer being required for a future town square and it is recommended that this property now be disposed of as it has become surplus to Council’s requirements.
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A. That the update and progress information in the report be received and noted.
B. Council approve the divestment of 4 William Street, Turramurra.
C. Council authorise the General Manager and/or his delegate to set the reserve price established by an independent valuation report prior to the auction date.
D. In the event the property does not reach the reserve price set at public auction that Council authorise the General Manager and/or his delegate to negotiate within a variance of 10% of the reserve.
E. Council authorise the General Manager to execute all documentation and affix the Council Seal if required, to all documents associated with the sale of 4 William Street, Turramurra.
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Kate Paterson Infrastructure Co-ordinator |
Antony Fabbro Manager Urban & Heritage Planning |
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Andrew Watson Director Strategy & Environment |
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Ordinary Meeting of Council - 26 February 2013 |
GB.14 / 415 |
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Item GB.14 |
CY00054/5 |
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7 February 2013 |
Draft Local Centres Development Control Plan for exhibition
EXECUTIVE SUMMARY
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purpose of report: |
For Council to consider the draft of the Ku-ring-gai Local Centres Development Control Plan (Attachment 1) for public exhibition.
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background: |
The Ku-ring-gai (Local Centres) Local Environment Plan 2012 was gazetted on 25 January 2013. Detailed guidelines are required to support the new LEP. |
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comments: |
The draft Local Centres DCP provides detailed provisions to guide the design and assessment of development under the Ku-ring-gai LEP (Local Centres) 2012. While the DCP provides more detailed provision with respect to development to achieve the purpose of the LEP, it cannot be inconsistent with any of the provisions of the LEP. |
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recommendation: |
That Council endorse the draft Ku-ring-gai (Local Centres) DCP for public exhibition.
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Purpose of Report
For Council to consider the draft of the Ku-ring-gai Local Centres Development Control Plan (Attachment 1) for public exhibition.
Background
The Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP2012) was gazetted on 25 January 2013. It provides zoning, land uses and higher order standards for certain lands within Gordon, Turramurra, Pymble, St Ives, Lindfield and Roseville (referred to as ‘local centres’ in this report). Detailed guidelines are now required to support the achievement of the objectives within this new LEP.
The draft DCP has been prepared to provide guidelines for development for Ku-ring-gai’s main centres under KLEP 2012. While the draft DCP provides detailed provisions to guide the design and assessment of development to achieve the stated aims and purpose of KLEP 2012, it cannot be inconsistent with any of the provision of the LEP nor prevent compliance with any provision of the LEP.
The draft DCP establishes a framework for future development in the Ku-ring-gai local centres by specifying a series of urban strategies to help achieve the desired future vision for each respective centre. The planning framework contained in this draft DCP adopts a place-based planning approach by defining the desired future character for each centre and developing a place-specific built form, supported by design and environmental objectives, design principles and detailed controls aimed at achieving a high quality built environment, landscape setting and community spaces. It also identifies future community infrastructure to be provided via the Ku-ring-gai Contributions Plan 2010.
The draft DCP has taken into account, where relevant, the significant work of the Town Centres Development Control Plan adopted by Council in 2010 to support the former Ku-ring-gai Local Environmental Plan (Local Centres) 2010. However, where appropriate, a number of changes have been made to respond to significant changes between KLEP 2010 and KLEP 2012.
The draft DCP also takes into account and is consistent with the relevant State Planning Policies, such as the State Environmental Planning Policy No 65 and the NSW Residential Flat Design Code. The draft DCP repeals all existing development control plans applying to the land to which the new draft DCP applies.
Following feedback from Councillors and staff in late January 2013 it was noted that there were some potential inconsistencies between the recently gazetted Local Centres LEP and the proposed draft DCP. Accordingly, on 5 February 2013 Council resolved.
“That consideration of the draft Local Centres Development Control Plan for exhibition be deferred to a Council meeting in March 2013, or earlier if possible”.
The main changes to the accompanying revised draft DCP are related to the heritage conservation areas in Volume B Part 7. The opportunity was also taken to fix a minor omission in a provision, to clarify some maps, add further controls in the urban precincts including “Hillview” Turramurra, and Woodford Lane, Lindfield and correct typographical errors.
The report is now being put back to Council for consideration for formal exhibition.
Comments
The draft Ku-ring-gai (Local Centres) DCP establishes a framework for future development in the local centres under the new zoning and development standards introduced by KLEP 2012.
The general aims of the draft DCP are as follows:
· Establish a future character for Ku-ring-gai’s local centres;
· Provide high quality public spaces and streets;
· Encourage the provision of a range of building types which provide for increased housing choice, diversity of employment opportunities, access to retail and commercial services and other activities that contribute to a sustainable vibrant community;
· Ensure high quality sustainable urban design and architectural design of buildings;
· Encourage the provision of a range of building types which provide for increased housing choice, diversity of employment opportunities, access to retail and commercial services and other activities that contribute to a sustainable vibrant community;
· Ensure buildings and other development have a good relationship with neighbouring developments, the public domain and the landscape qualities of the locality;
· Ensure a high level of residential amenity in building design for the occupants of buildings, including daylight access, acoustic control, privacy protection, natural ventilation, design for safety, outdoor living, landscape design, indoor amenity and storage provision;
· Promote the principles of ecologically sustainable development including water sensitive urban design, climate responsive building design, energy efficiency, and selection/use of building materials;
· Ensure buildings and landscaping are designed for all age groups and degrees of mobility;
· Promote increased use of public transport, walking and cycling;
· Provide traffic control measures and outcomes that manage and improve local traffic impacts and promote pedestrian safety;
· Recognise the significance of heritage conservation areas, heritage items and their setting in future development;
· Promote and support biodiversity conservation, riparian restoration and ecological integrity;
· Ensure the long term survival of Ku-ring-gai’s native and exotic tree and vegetation cover;
· Ensure the appropriate management of risks, such as flooding, bushfire and land contamination.
Currently, Council has a number of DCPs for different topics – such as design for business zones, dwelling houses, waste management and car parking. Section 74(c) of the Environmental Planning and Assessment Act (EP&A Act) requires that only one DCP apply to any piece of land. Accordingly, the Local Centres DCP needs to include detailed design controls for a large range of development types and aspects of development permitted within the Local Centres under the new LEP.
As a consequence of being a comprehensive DCP, the document is of substantial size when printed in hard copy. However, the DCP is designed to be accessed and negotiated electronically, allowing users to bypass non-relevant aspects of the DCP for particular development types. Navigation is aided by the incorporation of hyperlinks between associated sections within the DCP and also to other relevant supporting technical documents.
In order to streamline the use of the DCP during the development design process, the order of the different parts of the DCP is generally consistent with the order of the design process, although it is recognised that this will not be the same for all designers.
KEY ELEMENTS OF THE DRAFT DCP
The planning framework contained in the draft DCP adopts a place-based planning approach, supported by design and environmental objectives and detailed controls aimed at achieving a high quality built environment, landscape setting and community spaces. These are supported by diagrams and photos.
Objectives
The objectives contained in the draft DCP outline the outcomes that proposed developments are required to achieve. In order to gain consent, developments need to demonstrate that they have fulfilled the relevant objectives for each element.
Controls
The design controls demonstrate the preferred ways in which the objectives are to be achieved for improving site and building design. The controls focus on building performance/functionality, form, layout, sustainability and residential amenity. Controls may be varied, provided that it can be demonstrated that the objectives for that particular element have been achieved and that it results in a reasonable planning outcome.
Diagrams and photos
The diagrams and photos illustrate particular provisions and are only to be used for the specific provision being illustrated.
Hyperlinks
To facilitate easy referencing between different volumes and parts, hyperlinks are to be provided in the e-version of the Draft DCP in the boxes in the bottom left corner of many pages. The colour of the box is the same as the signature colour of the volume being referenced.
SET OUT OF THE DRAFT DCP
The DCP is set out in three volumes, each with a number of parts. The volumes are designed to be used together to inform the design process. The following diagram visually represents the interrelationships between the volumes and parts.
Volume A
Parts 1 and 2 of Volume A apply to all development types and are critical in:
· understanding how to navigate through the DCP;
· project feasibility assessment; and
· the beginning of the design process.
They should be read in conjunction with the parts of Volume B that are applicable to the site.
Parts 3-14 of Volume A contain detailed provisions that apply to the main development types likely to be proposed on land covered by the KLEP (Local Centres) 2012. These provisions set parameters within which good building design can occur by illustrating the use of development controls and consistent guidelines for site and building design, which focus on building performance, functionality, form, layout and residential amenity.
They are intended to be read in conjunction with the relevant general provisions in Volume C.
Part 1: Introduction and preliminary
· Explains what a DCP is, and how to use the draft DCP.
· Contains general statutory information about how the DCP was prepared, the general aims of the plan and its relationship to the KLEP 2012 and other planning and design documents.
Part 2: Site analysis
· Outlines the requirements for a site analysis. A site analysis is required for all development proposals. A thorough analysis of the site and its context enables the consideration of relevant issues at the earliest stage of the design process, minimising costs and delays while supporting good location based design.
Part 3: Land amalgamation and subdivision
· Provides guidance on land amalgamation, preventing isolation of lots and the subdivision of lots.
Part 4: Dwelling house controls
· Contains provisions for dwelling houses and ancillary structures in the R2- Low density residential, E4 - Environmental living, R3 and R4 zones. The provisions are consistent with DCP 38.
Part 5: Secondary dwelling controls
· Provides detailed provisions for secondary dwellings which are permissible in R2 and E4 zones under the KLEP 2012. These controls need to be read in conjunction with the relevant objectives and controls for dwelling houses in Part 4.
Part 6: Multi-dwelling housing controls
· Guides multi-dwelling housing developments within the R3 - Medium Density Residential and the R4 High Density Residential zones. Dwelling types can include detached and attached townhouse dwellings or villas. The provisions are similar to DCP 55.
Part 7: Residential flat building controls
· Guides development for residential flat buildings which are permissible in R4 -High Density Residential and the B4 Mixed Use zones. The provisions are similar to DCP 55.
Part 8: Mixed use development controls
· Guides new development for mixed use buildings within B2- Local Centre and B4 Mixed Use zones. As defined in the KLEP (Local Centres) 2012, a mixed use building is one which contains 2 or more uses. In the context of the Ku-ring-gai local centres, it is anticipated that mixed use buildings will typically contain the following uses:
- retail or other commercial uses at ground and lower levels;
- residential apartments and/or offices on upper levels.
· Guides refurbishment and new business and retail development in the B2 Local Centre and B4 Mixed Use zones. These developments will typically be alterations and additions to existing retail or business premises, or single storey retail or business premises, that do not wish to provide residential development above at this time.
· Guides the development and operation of commercial premises in residential flat buildings, where they are permitted by Schedule 1 (Additional Permitted Uses) of the KLEP 2012.
In the case of any inconsistency between the controls in Part 8 and those site specific controls in Volume B Part 1 Key Urban Precincts and Sites, the controls in Volume B Part 1 will prevail to the extent of that inconsistency.
Part 9: Office building controls
· Guides office building developments within the B5- Business Development and B4- Mixed Use zones. For mixed use buildings, it applies to those parts of the building to be used for office purposes.
Part 10: Child care centres
· Guides the development of child care centres. This part complements the provisions the Children (Education and Care Services National Law Application Act 2010 and the associated regulations.
Part 11: Sex service premises
· Provides specific planning controls for Sex Services Premises and Home Occupation (Sex Services) Premises. This section should be read in conjunction with Clause 6.8 of the KLEP 2012 which identifies certain considerations regarding the location of sex services premises.
Part 12: Signage & advertising
· Guides signage and advertising structures. This section of the DCP should be read in conjunction with State Environmental Planning Policy No 64 - Advertising and Signage. It is noted that Schedule 2 of the KLEP 2012 makes certain signage and advertising permissible as exempt development.
Part 13: Tree and vegetation preservation
· Contains requirements for the preservation of trees and vegetation on all land covered by the KLEP 2012. This part is made in accordance with Clause 5.9 of the KLEP 2012 and prescribes the trees and vegetation to which Clause 5.9 applies. It replaces the Tree Preservation Order for the lands to which KLEP 2012 applies.
· Guides the protection, management and long term survival of Ku-ring-gai’s tree and vegetation resources, both native and exotic. Tree and vegetation works that do not require Council consent are listed.
· Establishes a framework for the submission of applications for tree and vegetation works in Ku-ring-gai.
Where trees are located on a heritage site or within a heritage conservation area, this part should be read in conjunction with Clause 5.10 of KLEP 2012 and Volume B Part 7 of the draft DCP.
Part 14: Dictionary
· Provides a series of definitions to clarify terms used in this DCP. Terms used in the dictionary of the KLEP 2012 also apply to this DCP and must be used as defined in the KLEP 2012.
· Lists the abbreviations used in the DCP.
Volume B
Volume B contains objectives and controls in relation to circumstances or values that may apply to a site or area, regardless of the zoning or the development type.
It is important to be aware very early in the development feasibility or design stage of Council’s expectations in matters such as special areas and sites, potential land contamination, the management of bushfire risk, the natural environment and cultural heritage, and safety and amenity close to railways or busy roads among others.
In the case of any inconsistency between the controls in other Volumes and those in Volume B, the controls in Volume B will prevail to the extent of the inconsistency.
Part 1: Urban precincts and sites
This part is structured to provide guidance for development on land identified as a ‘special area or site’. These sites are key areas within the local centres. There are a number of components:
· Precincts
· Community infrastructure
· Building setbacks
· Built form
· Public domain and pedestrian access
· Building entries, car parking and service access
For each of the special areas or sites a set of site-specific performance-based provisions are provided to guide development in addition to the other development controls in Volumes A, B and C of the DCP.
Part 2: Site design for water management
· Supports clause 6.2 -Stormwater and Water Sensitive Urban Design in the KLEP 2012 and is preliminary to the Water Management section in Volume C.
· Categorises;
- development types, eg new dwellings or retail premises, and
- site location by drainage patterns, eg draining towards the road, or draining towards bushland.
The development and location categories are used in Volume C Part 4 of this DCP to provide detailed guidance on how to manage the volume and quality of water on and off the site.
Part 3: Land contamination
· Requires the applicant to consider whether the site is contaminated. It contains provisions to ensure that the site is suitable, or can be made suitable, for the proposed development. It supplements State Environmental Planning Policy 55 – Remediation of Land.
Part 4: Bushfire risk
· Applies to land identified on Council’s Bushfire Prone Lands Map and/or Bushfire Risk Evacuation Map. It includes objectives and design controls to ensure that any development on these lands manages risk to life and property while protecting the ecological values of the site and surrounds. It complements Planning for Bushfire 2006.
Part 5: Riparian lands
· Supports the provisions of Clause 6.4 of the KLEP (Local Centres) 2012. It applies to all land identified within the Riparian Lands Map in the LEP.
· Provides general guidance for development in riparian lands (including waterways) as well as additional guidance for development within specific categories of riparian lands identified on the Riparian Lands Map.
Part 6: Biodiversity controls
· Supports the provisions of Clause 6.3 of the KLEP (Local Centres) 2012. It applies to all land identified within the Natural Resource – Biodiversity Map in the LEP as well as to development that will have an impact on those lands.
· Also applies to land identified as Category 5 Canopy Remnants on the Greenweb maps at Part 5R.1. Both the KLEP (Local Centres) 2012 and DCP maps need to be checked to determine whether the site is affected by this part.
In combination, these lands are referred to as the Greenweb for the purposes of this DCP.
Part 7: Heritage and conservation areas
· Applies to any development that is:
- on a Heritage Item listed under Schedule 5 Environmental Heritage within KLEP (Local Centres) 2012;
- in a Heritage Conservation Area (HCA) identified in KLEP (Local Centres) 2012;
- in the vicinity of a Heritage Item identified in KLEP (Local Centres) 2012.
This part includes objectives and design guidance to ensure that any development involving a heritage item conserves and enhances the item. It also seeks to mitigate any potential adverse impacts of new development on the setting of heritage items and the Heritage Conservation Areas.
Part 8: Development near rail corridors and busy roads
· Guides development adjacent to major infrastructure corridors to ensure it is located and designed to protect the infrastructure and the users of the development from noise, vibration and other impacts related to development adjoining major road and rail infrastructure.
Volume C
Volume C contains general development controls which address planning issues that are applicable across a range of sites and across different types, forms and densities of development. To ensure a consistent approach to issues, this part applies to all types of development. The parts in this volume should be read in conjunction with the parts of Volume B relevant to the specific site, and the controls under the same heading in Volume A for the specific development type.
Part 1: Site design
· Guides site design and layout with particular attention to the relationship with the outcomes of the site analysis, and on landscaping, earthworks and slope.
Part 2: Access and parking
· Guides development in relation to the following: equitable access and pedestrian movement; vehicle access; parking; and bicycle facilities.
Part 3: Building design and sustainability
· Provides general development controls for building design and sustainability for all building types. Matters covered include: green buildings; building services; waste management; social impact; materials and colours; roof terraces and podiums; construction, demolition and waste disposal.
Part 4: Water management
· Is designed to ensure that the water management techniques employed for any given development are appropriate to both the site location and the development type, as identified in Volume B Part 2. It therefore applies different controls to different situations and must be followed from the start of the design process.
· Supports Clause 6.2 of the KLEP (Local Centres) 2012. The controls cover stormwater management, design and water quality, water recycling and reuse (where reuse for water conservation is not covered by BASIX), subsurface water management and flood control and minimisation. Water quality controls are now also included for dwelling houses.
· Is intended as a complementary document to BASIX.
Part 5: Notification
· Explains Council’s requirements and processes for the involvement of stakeholders in the consideration of development applications made under Part 4 of the EP&A Act 1979. The requirements and processes are tailored to the type of application and the potential impact of the proposal.
· Outlines the requirements for submissions to Council.
ALIGNED PROJECTS
Draft Principal LEP
The draft Ku-ring-gai LEP 2012, the principal LEP for Ku-ring-gai, was endorsed for exhibition by Council at its meeting of 20 December 2012 for exhibition, and forwarding to the Department of Planning and Infrastructure for a revised gateway determination. Exhibition is expected early in 2013.
The Ku-ring-gai LEP 2012 will cover all areas of the LGA not covered by the Ku-ring-gai (Local Centres) LEP, ultimately, including Pymble Business Park.
The DCP to be prepared to support the principal LEP will be based on the Ku-ring-gai (Local Centres) DCP.
Development contributions plan
Ku-ring-gai Contributions Plan 2010 is the current, consolidated contributions plan covering the whole of the local government area of Ku-ring-gai. It covers the whole of the current building phase in Ku-ring-gai through to 2031 and provides funding, complete or partial, towards the provision of physical and community infrastructure works required to support new development.
The finalisation of the planning process for the local centres, as well as the start of the release of data from the 2011 census, will be joint triggers for a revision of Ku-ring-gai Contributions Plan 2010. Key Census 2011 data will be released from 21 June 2012 through to March 2013. A revision of the contributions plan will commence concurrently and be underway for much of 2012/2013. It must be noted that the key infrastructure required to support development is already identified and the contributions of development towards this infrastructure is now in its eighth year. The proposed revision will refine the works program based on current planning for the local centres and provide more information on the demography of Ku-ring-gai’s new residents. This information will facilitate Council moving forward to the delivery phase of infrastructure planning.
The DCP directly references the Contributions Plan in Volume B Part 1 Special Areas and Sites. The DCP seeks to ensure that development affected by, or within the vicinity of, works identified in the Contributions Plan considers the future open space, community facilities and access works early in the design phase to provide vibrant, well-connected and sustainable public areas and facilities.
Public domain manual
Ku-ring-gai adopted the public domain manual on 23 November 2010. This document guides the urban design of the local centres including paving, lighting, street furniture and the like as well as more detailed concept plans for specific sites such as key civic squares.
The DCP again references the Public Domain Manual in Volume B Part 1 Special Areas and Sites. It is intended to be updated concurrent with the finalisation of the draft development control plan.
Governance Matters
The process for the preparation and implementation of Development Controls is governed by the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act) and associated Regulations. While the purpose of a DCP is to provide more detailed provision with respect to development permitted by a LEP, the EP&A Act requires that a DCP cannot be inconsistent with any provisions of the LEP.
The State Government has recently passed a bill to amend the EP&A Act to increase the flexibility and reduce the weight of DCPs. It is likely to come into effect in the near future, and will affect all existing and new DCPs. Key changes include:
· shifting the main purpose of a DCP to the facilitation of LEP aims, land use objectives and permissible development;
· a clear statement that such provisions are not statutory;
· a requirement for flexibility in applying the provisions and allowing reasonable alternative solutions that achieve the objectives of those provisions;
· not requiring a DA to meet requirements more onerous than those in the DCP; and
· considering the provisions only in relation to the specific DA (rather than precedents).
While it is likely the weight of DCP provisions will ultimately be determined by the Land and Environment Court, Section 79C of the EP&A Act will continue to require the consent authority to consider the provisions of a DCP in assessing a development application. DCPs will continue to have a significant role in guiding development.
The Ku-ring-gai Local Centres LEP 2012 was gazetted on 25 January 2013. The LEP contains zoning, land uses and higher order standards such as height and floor space standards. The proposed draft DCP establishes a more detailed framework to facilitate the achievement of the aims and objectives for the local centres under the KLEP 2012.
Risk Management
Not proceeding with the DCP for the local centres and therefore relying only on the higher order standards of the LEP may have unintended outcomes for development within these precincts. Council risks damage to its reputation if it does not have up-to-date and consistent development controls in place in an effective and timely manner.
The draft DCP contains detailed controls to guide development in managing risks such as bushfire, flooding and land contamination.
Financial Considerations
The cost of preparing and exhibition of the draft DCP as outlined in this report is covered by Council’s Strategy and Environment Department – Urban Planning budget.
Social Considerations
The draft DCP provides a raft of provisions in relation to social considerations. These include, but are not limited to, heritage protection, social impact assessment, improvements to the public domain, residential amenity, access for people of different ages and mobility, pedestrian amenity and safety.
Environmental Considerations
The draft DCP provides extensive guidance on the protection and management of our creeks and waterways, of native vegetation and habitat. It also includes provisions to minimise waste, to manage water sustainably and reduce energy use, where this is not covered by BASIX. The objectives and controls provide more detailed guidance on environmental matters of consideration identified in the Ku-ring-gai (Local Centres) LEP 2012.
Community Consultation
It is proposed that the consultation program for draft DCP exhibition period will consist of the following:
· an advertisement in the local press giving notice of the exhibition and availability of exhibition materials;
· an exhibition period of 28 days in accordance with the Environmental Planning & Assessment Regulation 2000;
· notice on Council’s website and at Council libraries;
· placement of the draft DCP exhibition materials on Council’s website and at Council Chambers;
· notification to members of the public on the Local Centres email list and via facebook and twitter;
· notification to key resident and community groups regarding the exhibition; and
· copies of the exhibition material on CD-Rom available free of charge to assist the community in making a submission.
Hard copies of the draft DCP for distribution to the general public will not be provided as the cost is prohibitive.
Internal Consultation
An integrated planning approach has been undertaken in preparing the draft DCP with comprehensive input from Council’s Development and Regulation Department, Community Department and Operations Department where appropriate.
A briefing was held for Councillors on 29 January 2013. The following additional comments are noted to clarify some aspects of the Draft DCP (Local Centres):
· Part 4 Volume A - Dwelling Houses
This part is a translation of the main controls in DCP 38 into the new DCP format. Some sections that are included in DCP 38 are now covered in the general controls in Volume C (eg materials and finishes), or Volume B (eg heritage). A review of the dwelling house provisions is expected to be undertaken in the preparation of the DCP to accompany the Principal LEP in the future.
· Part 13 Volume A - Tree and Vegetation Preservation
This part relates to Clause 5.9 of the Ku-ring-gai LEP (Local Centres) 2012, which provides that:
A DCP may prescribe the trees and vegetation to be protected under the clause.
This LEP clause and this Part of the DCP will replace the ‘tree preservation order’ for the area covered by the local centres. This is the new mechanism under the standard LEP template. This means that, once a Local Centres DCP is adopted, permits for the removal of trees or vegetation will be undertaken through Part 13 of the DCP in the local centres, while the TPO will apply to other areas of the LGA prior to the adoption of a DCP for the Principal LEP.
Note that Part 13 specifies vegetation to be protected by the DCP as well as trees. This has not previously been the case.
· Part 4 Volume C – Water Management
Part 4B3 and 4B6 of Volume C include provisions to minimise the impacts of development on stream flow and water quality. The draft DCP for the first time extends these provisions to low density residential development (with some exceptions). The controls were developed following consideration of studies identifying potential improvements in a number of catchment areas of Ku‑ring-gai. In particular, the study entitled Sustainable Water Management Feasibility Study and Concept Designs: Ku-ring-gai Creek by sustainable water management experts, Equatica (October 2012) includes an outline of ways that such improvements could reasonably be achieved by low density residential developments. It is intended that the relevant section of this study be provided as supporting documentation in the exhibition of the draft DCP.
Summary
The Ku-ring-gai (Local Centres) LEP 2012 was gazetted on 25 January 2013. Detailed guidelines are now required to facilitate the achievement of the objectives within the LEP. This draft DCP establishes a framework for future development in the local centres under the new LEP.
The DCP uses a place-based planning approach to provide general objectives and controls for all types of development within the centres and to address various constraints and risks. It includes specific controls for ‘special areas and sites’ within the centres aimed at achieving a high quality built environment, landscape setting and vibrant community spaces.
If endorsed, the Draft DCP will be placed on statutory exhibition to seek public feedback, prior to it being reconsidered by Council for final adoption.
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A. That Council endorse draft Ku-ring-gai Development Control Plan (Local Centres) as included in Attachment 1 for the purpose of public exhibition.
B. That draft Ku-ring-gai Development Control Plan (Local Centres) be placed on public exhibition in accordance with the requirements of the EP & A Act 1979 & Regulations.
C. That a report be brought back to Council outlining recommendations resulting from the exhibition.
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Terri Southwell Senior Urban Planner |
Craige Wyse Team Leader Urban Planning |
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Antony Fabbro Manager Urban & Heritage Planning |
Andrew Watson Director Strategy & Environment |
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A1View |
Volumes 1, 2 and 3 DCP (Local Centres) - separately circulated |
Excluded |
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Ordinary Meeting of Council - 26 February 2013 |
GB.15 / 429 |
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Item GB.15 |
S08989 |
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18 January 2013 |
Road Asset Management Plan
EXECUTIVE SUMMARY
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purpose of report: |
For Council to consider the revised draft Asset Management Plan for roads. |
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background: |
Council adopted its first Road Asset Management Plan on 2 February 2010. The Plan was later revised to align with the other asset management plans, all which were adopted on 22 February 2011. |
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comments: |
Council has resolved to apply for a continuation of the infrastructure levy. The Road Asset Management Plan has been updated and will be submitted as part of the application to Independent Pricing and Regulatory Tribunal (IPART) in March 2013. |
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recommendation: |
That Council adopt the revised Road Asset Management Plan. |
Purpose of Report
For Council to consider the revised draft Asset Management Plan for roads.
Background
In 2008, the NSW Division of Local Government (DLG) introduced an Integrated Planning and Reporting (IP&R) framework. The framework includes the requirement to prepare a long-term Community Strategic Plan and a Resourcing Strategy which are to be integrated into a streamlined approach to planning as part of the Delivery and Operational Plan.
The Resourcing Strategy will establish what resources are required to meet the objectives established by the Community Strategic Plan. It consists of:
· long term financial planning;
· workforce management planning; and
· asset management planning.
Asset Management Planning requires councils to account for all infrastructure assets and complete an Asset Management Strategy and Asset Management Plans for all asset classes.
Council adopted its first Road Asset Management Plan in 2010, and this Plan was further updated and adopted in 2011.
In May 2012, Council engaged a consultant to complete the Closing the Gap community consultation survey. This survey sought community engagement on Councils infrastructure assets based on levels of support and levels of importance of each asset group. The results of the survey will be incorporated into the Asset Management Strategy and plans. A key outcome of the survey reinforced the importance of local roads as the highest community priority.
On 24 July 2012, a report was submitted to Council at which time the following was resolved:
A. That Council receives and notes the results of the community consultation survey undertaken in preparation of Council’s Asset Management Strategy.
B. That Council apply to IPART for an extension of the Infrastructure Levy for road for an extension of the special rate variation for a further five (5) years under Section 508(A) of the Local Government Act, 1993.
Council’s current Infrastructure Levy provides funding for road renewals. This levy will expire on 30 June 2013. Council has advised the Independent Pricing and Regulatory Tribunal (IPART) of our intention to apply for an extension of the Infrastructure Levy as a special rate variation to commence 1 July 2013.
Comments
On 17 December 2012, Council staff met with representatives from IPART seeking advice on the application process, and the documentation required to support the continuation of the infrastructure levy.
Advice from the meeting, recommended that Council update all asset data for roads including the Road Asset Management Plan and Resourcing Strategy which aligns with the Long Term Financial Plan (LTFP).
The revised Road Asset Management Plan (Attachment 1) has been has been updated to reflect Council’s current situation and the funding requirements identified in the LTFP.
The revised Road Asset Management Plan has been developed inline with the requirements of the Integrated Planning and Reporting Framework and validates Council’s commitment to asset management planning.
Without the extension of the levy, Council’s required expenditure versus available expenditure would create a further gap in available funding and this would result in more of Council’s roads falling below a fair standard.
Governance Matters
Section 8 of the Local Government Act, 1993 specifies that councils are to have regard to the long term and cumulative affects of their decisions, and are to bear in mind that councils are the custodians and trustees of public assets and must effectively account for and manage the assets for which they are responsible.
Additionally, Section 403 of the Local Government Act, 1993, requires that all Councils have a long term Resourcing Strategy for the provision of the resources required to implement the strategies established in their community strategic plan. This includes implementation of an Asset Management Strategy and associated Asset Management Plans.
Council’s Asset Management Policy was adopted in February 2009.
Council’s Asset Management Improvement Strategy was adopted 2011.
Council has adopted asset management plans for each asset class. This has been completed in 2012.
The Local Government Code of Accounting Practice and Financial Reporting requires councils to report in the annual financial statements the condition of Council’s assets.
Risk Management
Risk management is a significant part of the development of the Road Asset Management Plan and the identified risks are included within the plan.
A separate risk register providing more detail has also been created and is linked to the asset management plan. The risk register details actions required to minimise risk and adequate funding for both reconstruction and maintenance is critical to address the various risks.
Financial Considerations
The Road Asset Management Plan provides details of life cycle costing, costs to bring assets to a satisfactory standard and gaps in the current funding levels.
From the calculation of the fair value for road, the following table provides a summary of the condition of Council’s road as at February 2013:
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Condition |
Rating |
Replacement Cost |
Fair Value |
Annual Depreciation |
Replacement Cost % |
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Ex/ V Good |
1 |
118,488,400 |
114,797,319 |
1,426,186 |
32.0% |
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Good |
2 |
22,643,964 |
20,055,157 |
288,870 |
6.1% |
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Fair |
3 |
20,637,421 |
16,397,224 |
279,942 |
5.6% |
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Poor/ V Poor |
4 |
50,658,656 |
26,226,816 |
948,484 |
13.7% |
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Failed |
5 |
157,872,836 |
50,105,781 |
3,488,723 |
42.6% |
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Totals |
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$370,301,276 |
$227,582,296 |
$6,432,205 |
100.0% |
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Cost to Satisfactory 2011/2012 |
Cost to Satisfactory 2021/2022 |
Required annual operating and renewal |
Budgeted Annual operating and renewal |
Sustainability index |
Gap |
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$80,370,778 |
$80,175,821 |
$ 14,464,000 |
$ 8,794,000 |
0.61 |
$ 5,670,000 |
Council should allocate an additional $5.7million to its road renewal and maintenance program to reduce the identified gap.
The infrastructure levy provides Council with $2.4 million per annum. Without the infrastructure levy, the funding gap will further increase to approximately $8 million annually.
It is likely to be impractical for Council to provide the additional level of funding required. Council will need to be aware of the risks associated with providing a lower level of funding which will result in a lower level of service to the community.
Social Considerations
Council’s Community Strategic Plan 2030, identifies the aspirations and visions of our community.
The Asset Management Plan aligns with the vision of:
· Ku-ring-gai is a place with infrastructure and facilities that accommodates the needs of the community
Community Consultation
As endorsed by Council, between May - June 2012, Council’s consultants undertook the Closing the Gap community consultation survey. This survey sought community engagement on the long term resourcing strategies which are to be incorporated into the Asset Management Strategy based on levels of importance and levels of support.
A key outcome from the survey reinforced that local roads are the highest community priority and as such, Council needs to seek a continuation of the existing road levy.
Council’s consultants have just recently completed with the community for the infrastructure levy application (Attachment 2). Key outcomes of the survey include:
· 71% of residents are ‘supportive’ to ‘very supportive’ of the continuation of the infrastructure levy: and
· 88% of residents are at least ‘somewhat supportive’ of the continuation of the infrastructure levy
Internal Consultation
Consultation has taken place between Strategy and Environment, Operations and Corporate Departments in the preparation for the IPART application and the revised Road Asset Management Plan.
Summary
Council must prepare an Asset Management Strategy and Asset Management Plans to support the Community Strategic Plan and Delivery Program. Since 2009, Council has adopted a suite of asset management plans to respond to the legislative requirements of the Integrated Planning & Reporting reforms.
In May 2012, Council’s consultants completed the Closing the Gap survey. A key out come in the results was that roads were of highest priority and as such, Council is seeking the continuation of the road infrastructure levy.
Council met with the Independent Pricing and Regulatory Tribunal (IPART) in December 2012. As a result, council must provide updated data and relevant Asset Management Plan and Strategy with the application.
Council has revised the 2011 adopted Road Asset Management Plan which illustrates the current situation and funding required to bring our roads to a satisfactory standard.
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That Council adopt the revised Road Asset Management Plan as attached.
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Vanessa Young Strategic Asset Officer |
Deborah Silva Manager Integrated Planning, Property & Assets |
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Greg Piconi Director Operations |
Andrew Watson Director Strategy & Environment |
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A1View |
Attachment 1 - Revised Road Asset Management Plan 2013 |
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2013/013481 |
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A2View |
Attachment 2 - Report from Micromex - Infrastructure Levy continuation survey - February 2013 |
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2013/040584 |
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APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
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Item No: GB.15 |
Ku-ring-gai Council
Roads
Asset Management Plan
Version 2
February 2013
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APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
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Item No: GB.15 |
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Document Control |
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Document ID: 59.299.120815 nams.plus2 amp template v2 |
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Rev No |
Date |
Revision Details |
Author |
Reviewer |
Approver |
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1 |
24/12/09 |
Updated graphs |
GP |
GP |
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2 |
1/6/10 |
Updated figures and values to match fair value |
GP |
GP |
GP |
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3 |
7/1/11 |
To reflect current data |
GP |
GP |
GP |
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4 |
22/2/2011 |
Adopted by Council |
GP |
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Council |
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5 |
Jan-Feb 2013 |
Reviewed and updated the plan to reflect current data |
VY |
GP |
GP |
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6 |
26/2/2013 |
Adopted by Council |
VY |
GP |
Council |
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APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
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Item No: GB.15 |
Table of Contents
1. EXECUTIVE SUMMARY
Context
What we will do
What we cannot do
Managing the Risks
The Next Steps
2. INTRODUCTION
2.1 Background
2.2 Goals and Objectives of Asset Management
2.3 Plan Framework
2.4 Core and Advanced Asset Management
2.5 Community Consultation
3. LEVELS OF SERVICE
3.1 Customer Research and Expectations
3.2 Strategic and Corporate Goals
3.3 Legislative Requirements
3.4 Current Levels of Service
3.5 Desired Levels of Service
4. FUTURE DEMAND
4.1 Demand Drivers
4.2 Demand Forecast
4.3 Demand Impact on Assets
4.4 Demand Management Plan
4.5 Asset Programs to meet Demand
5. LIFECYCLE MANAGEMENT PLAN
5.1 Background Data
5.2 Infrastructure Risk Management Plan
5.3 Routine Operations and Maintenance Plan
5.4 Renewal/Replacement Plan
5.5 Creation/Acquisition/Upgrade Plan
5.6 Disposal Plan
5.7 Service Consequences and Risks
6. FINANCIAL SUMMARY
6.1 Financial Statements and Projections
6.2 Funding Strategy
6.3 Valuation Forecasts
6.4 Key Assumptions made in Financial Forecasts
6.5 Forecast Reliability and Confidence
7. PLAN IMPROVEMENT AND MONITORING
7.1 Status of Asset Management Practices
7.2 Improvement Program
7.3 Monitoring and Review Procedures
7.4 Performance Measures
8. REFERENCES
9. APPENDICES
Appendix A Maintenance Policy and Procedure
Appendix B Projected 10 year Capital Renewal and Replacement Works Program
Appendix C Budgeted Expenditures Accommodated in LTFP
Appendix D Roads Risk Register 65
Appendix E Abbreviations
Appendix F Glossary
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APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
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Item No: GB.15 |
1. EXECUTIVE SUMMARY
The Ku-ring-gai local government area is located in Sydney’s northern suburbs, 16 kilometres north of the city centre. With nine suburbs, covering 84 square kilometres, the area is predominantly residential. There are significant areas of park and bushland with very little commercial, and no industrial land use.
A key issue facing Council is the management of ageing assets in need of renewal and replacement. Our infrastructure, including council roads present particular challenges. Their condition and longevity can be difficult to determine.
Financing needs can be large, requiring planning for large peaks and troughs in expenditure for renewing and replacing such assets. The demand for new and improved services adds to the planning and financing complexity.
The creation of new assets also presents challenges in funding the ongoing operating and replacement costs necessary to provide the needed service over the assets’ full life cycle.
Ku-ring-gai Council provides a road network in partnership with the Roads and Traffic Authority of NSW to enable vehicles and other road users to safely travel throughout the Council area.
The Roads network comprises:
· Local roads
· Collector roads
· Regional roads
The road assets are classified according to their function and have various responsibilities. Local roads are used mainly by local traffic and generally have low traffic volumes and fully maintained and constructed by Council.
Collector roads are those roads that provide a link between either state roads or regional roads and carry higher amounts of traffic and fully maintained by Council.
Regional roads provide a link across regions and state roads with funding provided by the Roads and Traffic Authority of NSW and Council generally on a shared basis and maintained by Council.
These infrastructure assets have a replacement value of $ 370,301,276.
The Asset Plan Methodology
One of the important aspects of the asset management plan is the forecast of existing asset renewal requirements. For the Ku-ring-gai Roads Asset Management Plan, three scenarios have been considered.
Scenario 1 uses the council’s asset register valuation data to project the renewal costs. In this scenario the acquisition year of an asset is added to the useful life of the asset to estimate the year when renewal is due. The cost to renew the asset category can be aggregated to estimate the total renewal requirements for each year of the planning period.
Scenario 2 uses capital renewal expenditure projections assessed by technical staff. The roads with a remaining useful life of less than ten years were included in this scenario.
Scenario 3 is the reality of the situation when the capital renewal expenditures that can be achieved are with available funds in the Long Term Financial Plan.
The results for the 3 scenarios described are included in this asset management plan and they reveal some inconsistencies.
Scenario 1 indicates that the funds to meet the forecast renewal requirements cannot be met by the current funding being planned. The ‘gap’ is $22.7M.
Scenario 2 was prepared using the technical estimates of what renewal is required to sustain the current levels of service, and this estimated that the renewal requirements will be beyond the current funding capacity of council. The gap in this scenario is $5.7M.
This position is more consistent with the community feedback and the overall assessment of the network made by Ku-ring Council Technical staff
Scenario 3 is a reflection of the actual funding available. The difference between Scenario 2 and Scenario 3 represents “what we can’t do”. The discussion about this “gap” will lead us into a much better informed community discussion about what are achievable and acceptable service levels, as well as giving a focus on managing risk
It is most probable that the valuation registers used in Scenario 1 are not yet developed to a level of maturity where they are reliable for producing a realistic renewal forecast. Once the data is improved, the asset register should be consistent with the capital renewal program.
For Ku-ring-gai Council, the refinement of the asset register to achieve this situation should become an important part of the asset management improvement plan.
What does it Cost?
The forecast of the projected outlays necessary to provide the services covered by this Asset Management Plan (AM Plan) includes operations, maintenance and renewal of existing assets over the 10 year planning period is $145M or $14.5M on average per year. This is based on the Scenario 2 methodology as it is currently the most reliable estimate.
Estimated available funding for this period is $88M or $8.8M on average per year which is 61% of the cost to provide the service. This is a funding shortfall of $5.7M on average per year.
What we will do
We plan to provide services for the following:
· Operation, maintenance, renewal and upgrade of road infrastructure to meet service levels set by council in annual budgets.
· Upgrades funded within the 10 year planning period.
This will be provided to the extent of the current budget.
What we cannot do
We do not have enough funding to provide all services at the desired service levels and therefore work will be prioritised based on risk and asset condition.
Only a limited number of new link roads will be created. These roads are associated with new developments such as sub divisions.
Managing the Risks
The operations and maintenance activities and capital projects that cannot be undertaken may maintain or create risk consequences for the organisation. These include:
· Additional cost for each block to rebuild the road pavement due to the wearing surface not being replaced within required timeframe
· Insufficient funding to carry out intermediate maintenance (patching) to keep an asset in fair condition - delaying the need for more major works (resurfacing or reconstruction),
· Damage to vehicle and injury to passenger from MVA caused by failed road surface
We will endeavour to manage these risks within available funding by:
Roads Risk Treatment Plan # 1
· Strategies to be developed to advocate for additional funding to reduce funding gaps.
· Resource allocation and service levels to be reviewed and additional funding to be requested as part of the Asset Management Strategy.
Roads Risk Treatment Plan #2
· Formal risk monitoring programs to be developed and integrated into the Roads Maintenance Policy and Procedures. i.e. Regular review and reporting of accident statistics, CRM requests, major changes in condition ratings.
Roads Risk Treatment Plan # 3
· Review of Roads Maintenance Policy and Procedures to further define existing risk management practices and integrate with Councils Risk Management Framework.
The Next Steps
The actions resulting from this asset management plan are:
· Annually review the 4 year delivery program and ensure it is balanced to the long term financial plan. Update the asset management plan projections to align.
· Maintain the current assets in a safe condition
· Continue to assess condition and report annually on the state of the assets for condition, function and capacity.
· Improve asset management capability to provide the same or better service level at lower life cycle cost whilst managing risk.
· Improve life cycle cost analysis on the optimum frequency of road resurfacing to minimise expensive pavement repairs.
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APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
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Item No: GB.15 |
What is this plan about?
This asset management plan covers the road network that provides a service to the Ku-ring-gai community.
The roads, which are classified as local, collector and regional, enable people to safely travel throughout the area.
What is an Asset Management Plan?
Asset management planning is a comprehensive process to ensure delivery of services from infrastructure is provided in a financially sustainable manner.
An asset management plan details information about infrastructure assets including actions required to provide an agreed level of service in the most cost effective manner.
The plan defines the services to be provided, how the services are provided and what funds are required to provide the services.
Why is there a funding shortfall?
Most of the Councils road network was constructed by developers and from government grants, often provided and accepted without consideration of ongoing operations, maintenance and replacement needs.
Many of these assets are approaching the later years of their life and require replacement, services from the assets are decreasing and maintenance costs are increasing.
What options do we have?
Resolving the funding shortfall involves several steps:
1. Improving asset knowledge so that data accurately records the asset inventory, how assets are performing and when assets are not able to provide the required service levels,
2. Improving our efficiency in operating, maintaining, renewing and replacing existing assets to optimise life cycle costs,
3. Identifying and managing risks associated with providing services from infrastructure,
4. Making trade-offs between service levels and costs to ensure that the community receives the best return from infrastructure,
5. Identifying assets surplus to needs for disposal to make saving in future operations and maintenance costs,
6. Consulting with the community to ensure that the road services and costs meet community needs and are affordable,
7. Developing partnership with other bodies, where available to provide services,
8. Seeking additional funding from governments and other bodies to better reflect a ‘whole of government’ funding approach to infrastructure services.
What happens if we don’t manage the shortfall?
In the event of required reductions to service levels the reduction may include an increase in maintenance and operating expenditure for existing assets and an inability to fund new assets.
Redirecting funding from other areas and the sale of assets will also be considered.
What can we do?
We can develop options, costs and priorities for future road services, consult regularly with the community to plan future services to match the community service needs with ability to pay for services and maximise community benefits against costs.
What can you do?
We will be pleased to consider your thoughts on the issues raised in this asset management plan and suggestions on how we may change or reduce the roads services to ensure that the appropriate level of service can be provided to the community within available funding.
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APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
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Item No: GB.15 |
2. INTRODUCTION
2.1 Background
This asset management plan is to demonstrate responsive management of assets (and services provided from assets), compliance with regulatory requirements, and to communicate funding needed to provide the required levels of service over a 10 year planning period.
The asset management plan follows the format for AM Plans recommended in Section 4.2.6 of the International Infrastructure Management Manual[1].
The asset management plan is to be read with the organisation’s Asset Management Policy, Asset Management Strategy and the following associated planning documents:
· Roads Maintenance and Repairs Policy and
· Roads Maintenance Procedure
· Long Term Financial Plan (adopted in May 2012 and revised annually)
ASSET MANAGEMENT CRITERIA FOR ROADS
The components for Council’s road network are as follows:
A. Wearing Surface
The road wearing surface is the layer on top of the pavement. For most roads around Kuring-Gai, this is usually the top 50mm layer of asphalt.
B. Pavement
The pavement is the layer of material between the natural subgrade (formation) and the wearing surface. The layer of pavement will be dependent on the road type based on the various road classifications and traffic volumes.
C. Formation
The formation is the area of road under the pavement that is required to support the road pavement.
The road types and the typical pavement construction are as described below:
1. Local Roads
Local roads are those roads which normally carry less than 2000 vehicles per day and heavy vehicles are usually confined to waste collection and removalist vans. The pavement construction generally consists of 40mm to 50mm of asphaltic concrete and 10mm to 150 mm of Dense Graded Base material nominally 20mm aggregate. The cost to replace these roads is estimated at $75 per square metre which is $25/m2 for the wearing surface and $50/m2 for the pavement.
2. Collector Roads
Collector roads are those roads which normally carry traffic volumes between 2000 and 15000 vehicles per day. The heavy vehicle component of these roads is generally around 5% of the traffic volume. The pavement construction generally consists of 50mm of asphaltic concrete and 150 to 200 mm of Dense Graded Base material nominally 20mm aggregate. The cost to replace these roads is estimated at $90 per square metre which is $30/m2 for the wearing surface and $60/m2 for the pavement.
3. Regional Roads
Regional roads are those roads which normally carry traffic volumes between 5000 and 20000 vehicles per day. The heavy vehicle component of these roads is generally greater than 5% of the traffic volume. The pavement construction generally consists of 50mm of asphaltic concrete and 200 to 250 mm of Dense Graded Base material nominally 20mm aggregate. The cost to replace these roads is estimated at $132 per square metre which is $32/m2 for the wearing surface and $100/m2 for the pavement.
Fair Value estimates for roads:
The fair value estimates for roads is based on a straight line depreciation model where a road found to be in a good condition has a fair value equivalent to its replacement value. A road that has depreciated and considered to be in a poor condition will have a lower fair value based on the depreciated amount of the wearing surface and pavement. As the wearing surface and pavement have different useful lives, the total fair value is based on the cumulative cost for each component. An example of this can be shown in the graphs below:
The total fair value of a road is equivalent the sum of the depreciation of the pavement, wearing surface and formation based on its condition and age. The annual depreciation is calculated on the amount of depreciation per year for each of the components. For accounting purposes, the depreciation will be based on straight line depreciation. However, in practice a road does not depreciate in a straight line format.
The remaining useful life of a road pavement and surface is based on the formula;
(Useful Life x Condition Index) / Number of condition levels
The condition levels relate to the condition of the asset. The condition index was developed to address issues arising from assets which continue to provide a service despite exceeding their technical useful life
Residual values for both the wearing surface and the pavement are determined by calculating the difference in cost for the actual treatment of the roads such as stabilisation and resheeting less the cost of fully replacing a road pavement and surface.
This infrastructure assets covered by this asset management plan are shown in Table 2.1. These assets are used to provide transport services to its community.
Table 2.1: Assets covered by this Plan
Source: Roads Asset Register. Values updated February 2013
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Asset category |
Dimension |
Replacement Value |
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Local roads |
2,838,224 square metres |
$ 256, 448, 557 |
|
Collector roads |
514,448 square metres |
$ 54, 455, 503 |
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Regional roads |
407,512 square metres |
$ 59, 397, 215 |
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TOTAL |
3,760,185 square metres |
$ 370, 301, 276 |
Key stakeholders in the preparation and implementation of this asset management plan are: Shown in Table 2.1.1.
Table 2.1.1: Key Stakeholders in the AM Plan
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Key Stakeholder |
Role in Asset Management Plan |
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Councillors |
· Represent needs of community/shareholders, · Allocate resources to meet the organisation’s objectives in providing services while managing risks, · Ensure organisation is financial sustainable. |
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Asset Management Steering Group (AMSG) |
A multi-disciplinary and cross-functional working group established to assist with strategic asset management planning. |
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Director Operations |
Preparation and direction of AMP |
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Strategic Asset Officer |
Preparation and direction of AMP |
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Pavement Engineer |
Development of programs and specifications for works and updating pavement management system |
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Civil Works Coordinator |
Development of maintenance programs and quality of works |
2.2 Goals and Objectives of Asset Management
The organisation exists to provide services to its community. Some of these services are provided by infrastructure assets. We have acquired infrastructure assets by ‘purchase’, by contract, construction by our staff and by donation of assets constructed by developers and others to meet increased levels of service.
Our goal in managing infrastructure assets is to meet the defined level of service (as amended from time to time) in the most cost effective manner for present and future consumers. The key elements of infrastructure asset management are:
· Providing a defined level of service and monitoring performance,
· Managing the impact of growth through demand management and infrastructure investment,
· Taking a lifecycle approach to developing cost-effective management strategies for the long-term that meet the defined level of service,
· Identifying, assessing and appropriately controlling risks, and
· Having a long-term financial plan which identifies required, affordable expenditure and how it will be financed.[2]
2.3 Plan Framework
Key elements of the plan are
· Levels of service – specifies the services and levels of service to be provided by Council,
· Future demand – how this will impact on future service delivery and how this is to be met,
· Life cycle management – how we will manage our existing and future assets to provide defined levels of service,
· Financial summary – what funds are required to provide the defined services,
· Asset management practices,
· Monitoring – how the plan will be monitored to ensure it is meeting the organisation’s objectives,
· Asset management improvement plan.
A road map for preparing an asset management plan is shown below.
Road Map for preparing an Asset Management Plan
Source: IPWEA, 2006, IIMM, Fig 1.5.1, p 1.11.
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2.4 Core and Advanced Asset Management
This asset management plan is prepared as a ‘core’ asset management plan over a 10 year planning period in accordance with the International Infrastructure Management Manual[3]. It is prepared to meet minimum legislative and organisational requirements for sustainable service delivery and long term financial planning and reporting. Core asset management is a ‘top down’ approach where analysis is applied at the ‘system’ or ‘network’ level.
Future revisions of this asset management plan will move towards ‘advanced’ asset management using a ‘bottom up’ approach for gathering asset information for individual assets to support the optimisation of activities and programs to meet agreed service levels.
2.5 Community Consultation
This ‘core’ asset management plan is prepared to facilitate community consultation initially through feedback on public display of draft asset management plans prior to adoption by the Council.
Council has completed consultation with the community on service levels and costs of providing the service for roads. Future revisions of the asset management plan will incorporate further community consultation on service levels and costs of providing the service. This will assist the Council and the community in matching the level of service needed by the community, service risks and consequences with the community’s ability and willingness to pay for the service.
3. LEVELS OF SERVICE
3.1 Customer Research and Expectations
Council conducts Customer Satisfaction surveys every four years to determine community attitudes towards the services and facilities it provides about the quality and appropriateness of each of its services. The most recent survey was conducted in 2010 and this information gave us an indication on what services the needed improvement.
In addition to this survey, Council engaged a consultant to conduct consultation with the community on improving our infrastructure assets in 2012. The survey asked residents [v1] the importance and satisfaction of each asset class along with their level of support in increasing funding to each asset.
The results identified local roads,footpaths, drainage and community buildings are the highest priority assets, with roads the most supported asset for continued funding and improvements.
Most recently, Council engaged a consultant to determine the communities support for the continuation of the special rate variation for the infrastructure levy. All funding from the levy is allocated to the renewal of our local, collector and regional roads. Key results from the survey include;
· 88% of residents are at least somewhat supportive for the continuation of the special rate variation to fund road renewal[v2]
· 92% of residents are at least ‘somewhat supportive’ of Council continuing the infrastructure levy
The organisation uses this information in developing its Strategic Plan and in allocation of resources in the Long Term Financial Plan.
3.2 Strategic and Corporate Goals
This asset management plan is prepared under the direction of the organisation’s vision, aim, goals and objectives. Source Community Strategic Plan 2030
Our vision is:
Ku-ring-gai will be a creative, vibrant place where citizens respect each other and conserve the magnificent environment and society for our children and grandchildren.
Our Aim is:
Our assets are managed effectively to meet community needs and standards within available resources.
Other visions and objectives and how these are addressed in this asset management plan are:
Table 3.2: Organisational vision and objectives
|
Vision |
Objective |
How The Asset Management Plans contribute to achieving these outcomes |
|
Ku-ring-gai will have safe and accessible local roads |
Improve the condition of local roads |
Infrastructure is provided to support services. Getting the correct infrastructure appropriate to the needs of the community is a primary goal of Asset Management Planning.
A primary objective of the asset management plan is to develop a lifecycle approach to the provision of infrastructure. This aims to minimise the life cycle cost of assets while maximising the service that is delivered |
|
Ku-ring-gai is a place with infrastructure and facilities that accommodate the needs of the community |
Establish a program that provides funding to maintain council assets at a sustainable standard |
Infrastructure is provided to support services. Getting the correct infrastructure appropriate to the needs of the community is a primary goal of Asset Management Planning. |
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Increase the use of recycling products in all Council managed infrastructure developments |
Use of recycled products to reduce life cycle costs is identified within the plan. |
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Ku-ring-gai is a place with infrastructure and planning systems that accommodate the identity of the community |
Long term planning and funding strategy established for the delivery of high quality infrastructure that meets the needs of the community |
Infrastructure is provided to support services. Getting the correct infrastructure appropriate to the needs of the community is a primary goal of Asset Management Planning.
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The Council will exercise its duty of care to ensure public safety in accordance with the infrastructure risk management plan prepared in conjunction with this AM Plan. Management of infrastructure risks is covered in Section 5.2
3.3 Legislative Requirements
We have to meet many legislative requirements including Australian and State legislation and State regulations. These include:
Table 3.3: Legislative Requirements
|
Legislation |
Requirement |
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Local Government Act 1993 |
Sets out role, purpose, responsibilities and powers of local governments including the preparation of a long term financial plan supported by asset management plans for sustainable service delivery. |
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Roads Act 1993 |
Sets out rule, purpose, responsibilities and powers of local governments relating to the management and control of road assets. |
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Work Health and Safety Act 2011 |
Sets out the roles and responsibilities to ensure the health, safety and welfare of persons at work. |
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The Australian Accounting Standards
|
The Australian Accounting Standards Section 27 (AAS27) requires that assets be valued, and reported in the annual accounts, which also includes depreciation value (i.e. how fast are these assets wearing out). |
3.4 Current Levels of Service
We have defined service levels in two terms.
Community Levels of Service measure how the community receives the service and whether the organisation is providing community value.
Community levels of service measures used in the asset management plan are:
Quality How good is the service?
Function Does it meet users’ needs?
Capacity/Utilisation Is the service over or under used?
Technical Levels of Service - Supporting the community service levels are operational or technical measures of performance. These technical measures relate to the allocation of resources to service activities that the organisation undertakes to best achieve the desired community outcomes and demonstrate effective organisational performance.
Technical service measures are linked to annual budgets covering:
· Operations – the regular activities to provide services such as opening hours, cleansing frequency, mowing frequency, etc.
· Maintenance – the activities necessary to retain an assets as near as practicable to an appropriate service condition (e.g. road patching, unsealed road grading, building and structure repairs),
· Renewal – the activities that return the service capability of an asset up to that which it had originally (e.g. frequency and cost of road resurfacing and pavement reconstruction, pipeline replacement and building component replacement),
· Upgrade – the activities to provide an higher level of service (e.g. widening a road, sealing an unsealed road, replacing a pipeline with a larger size) or a new service that did not exist previously (e.g. a new library).
Asset managers plan, implement and control technical service levels to influence the customer service levels.[4] Our current service levels are detailed in Table 3.4.
Table 3.4: Current and Desired Service Levels
|
Key Performance Measure |
Level of Service |
Performance Measure Process |
Performance Target |
Current Performance[v3] |
|
COMMUNITY LEVELS OF SERVICE |
||||
|
Quality |
Provide a smooth riding surface |
Surveys |
Satisfaction ratings greater than 50% |
57% |
|
Function |
Minimal delays |
Customer service requests |
Number of reports on traffic delays |
Not recorded |
|
Safety |
Provide a safe road free of hazards |
Customer service requests |
Number of reports on potholes |
9267 potholes repaired |
|
TECHNICAL LEVELS OF SERVICE |
||||
|
Condition |
Carry out routine maintenance as per Council policy |
See Council policy on inspections |
Priority 1 30 days Priority 2 & 3 365 days Priority 4, 5 & 6 1095 days Priority 7 to 10 As resources permit. |
As per performance measure |
|
Cost effectiveness |
Carry out repairs in accordance with maintenance schedule |
Completion of annual program |
85% of program |
85% |
|
Efficiency |
Carry out reconstruction in accordance with PMS system |
Completion of 95% of annual program |
12 kilometres of road reconstruction per year. |
12 km |
|
Safety |
Provide clear signage and pothole repairs |
Annual survey |
Not specified |
Not recorded |
3.5 Desired Levels of Service
Indications of desired levels of service are obtained from community consultation/engagement. The following consultation surveys have contributed to establishing the communities service level expectations for roads;
· Customer Satisfaction Survey 2010
· Closing the Gap Survey 2012
· Infrastructure Levy Survey 2013
4. FUTURE DEMAND
4.1 Demand Drivers
Drivers affecting demand include population change, changes in demographics, seasonal factors, vehicle ownership rates, consumer preferences and expectations, technological changes, economic factors, agricultural practices, environmental awareness, etc.
4.2 Demand Forecast
The present position and projections for demand drivers that may impact future service delivery and utilisation of assets were identified and are documented in Table 4.3.
4.3 Demand Impact on Assets
The impact of demand drivers that may affect future service delivery and utilisation of assets are shown in Table 4.3.
Table 4.3: Demand Drivers, Projections and Impact on Services
|
Demand drivers |
Present position |
Projection |
Impact on services |
|
Population |
2011 - 114,704 |
2031 – 125,151 |
Additional demand for new roads will increase life cycle costs of the roads asset group |
|
Increased unit rates
|
Current costs
|
Increase in unit rates for surface and pavement renewal |
Increase in unit rates for material and labour will impact on future capital and maintenance programs |
|
Demographics |
32.2% born overseas |
40% born overseas |
Likely to have more impact on public transport. |
|
Technological change |
|
Change in road construction methods and the materials used
|
May increase the life of road components[v4] , reducing the susceptibility to damage, or by reducing the cost of construction or maintenance
|
|
Technological change |
Pavement management system to monitor performance and |
Advanced systems that improve performance monitoring and predict renewal and maintenance timing more accurately |
Improve programs and schedules and prioritisation work based on more accurate data. |
|
Environmental awareness |
|
Increase the use of recycling materials in Councils road construction and renewal program |
Could result in savings in road construction |
4.4 Demand Management Plan
Demand for new services will be managed through a combination of managing existing assets, upgrading of existing assets and providing new assets to meet demand and demand management. Demand management practices include non-asset solutions, insuring against risks and managing failures.
Non-asset solutions focus on providing the required service without the need for the organisation to own the assets and management actions including reducing demand for the service, reducing the level of service (allowing some assets to deteriorate beyond current service levels) or educating customers to accept appropriate asset failures [5]. Examples of non-asset solutions include providing services from existing infrastructure such as aquatic centres and libraries that may be in another community area or public toilets provided in commercial premises.
Opportunities identified to date for demand management are shown in Table 4.4. Further opportunities will be developed in future revisions of this asset management plan.
Table 4.4: Demand Management Plan Summary
|
Demand Driver |
Impact on Services |
Demand Management Plan |
|
Transport needs increasing |
Pressure to expand councils Transport networks |
Communicate options and capacity to fund Transport Infrastructure with the State Government. Monitor community expectations and communicate service levels and financial capacity with the community to balance priorities for infrastructure with what the community is prepared to pay for |
|
Increasing community expectations |
Pressure to expand councils Transport networks |
Funding priority works. Continue to seek grant funding for projects identified in the Community Strategic Plan and Asset Management Plans Improve understanding of costs and capacity to maintain current service levels. Continue to analyse the cost of providing services and the capacity to fund at the current level of service |
|
Increasing development |
Additional Transport loads on councils Transport network |
Continue to monitor and manage development controls |
4.5 Asset Programs to meet Demand
The new assets required to meet growth will be acquired from land developments and constructed by Council. Essentially there will be limited new assets from growth apart from the new link roads proposed in the town centres associated with the LEP and some minor sub-division approvals.
The cumulative value of new contributed and constructed asset values to meet demand are summarised in Figure 1.
Figure 1: Upgrade and New Assets to meet Demand
Acquiring these new assets will commit the organisation to fund ongoing operations, maintenance and renewal costs for the period that the service provided from the assets is required. These future costs are identified and considered in developing forecasts of future operations, maintenance and renewal costs in Section 5.
5. LIFECYCLE MANAGEMENT PLAN
The lifecycle management plan details how the organisation plans to manage and operate the assets at the agreed levels of service (defined in Section 3) while optimising life cycle costs.
5.1 Background Data
5.1.1 Physical parameters
The assets covered by this asset management plan are shown in Table 2.1.
The assets covered my this asset management plan are shown below;
|
Asset Classification |
Asset component |
|
Local roads |
Surface, pavement and formation |
|
Collector roads |
Surface, pavement and formation |
|
Regional roads |
Surface, pavement and formation |
Most of Council’s roads are made of flexible pavements which includes base pavement material dependent on the age of the road and asphalt surface. Council does not have any full depth concrete roads.
The age profile of the assets include in this AM Plan is shown in Figure 2.
Figure 2: Asset Age Profile
The information basis for the roads asset group are;
· Fair valuation register
· Pavement Management System
· Financial register
· Maintenance and renewal plans
5.1.2 Asset capacity and performance
Council’s services are generally provided to meet design standards where these are available.
Locations where deficiencies in service performance are known are detailed in Table 5.1.2.
Table 5.1.2: Known Service Performance Deficiencies
|
Location |
Service Deficiency |
|
Reseal program |
The program is underfunded which results in resurfacing to be deferred. |
|
Asphalt surface
|
Oxidation and increased traffic loads create cracking, moisture penetration and subsequent pavement failure and safety risk. |
5.1.3 Asset condition
Assessment of Council roads is detailed in the Road Maintenance and Repairs Policy and Procedure 2008[6] (Appendix A) roads are inspected to identify pot holes and pavement failures and all data is updated into the pavement management database. Roads are surveyed on a 5yr cycle.
More detailed inspections of all roads in a poor or very poor condition is carried out every twelve months. Roads are also inspected on a reactive basis when pot holes or damaged section of the roads are reported to Council by customer request.
The condition profile of our assets is shown in Figure 3.
Fig 3: Asset Condition Profile
Table 5.1.3: Simple Condition Grading Model
|
Condition Grading |
Description of Condition |
|
1 |
Excellent: only planned maintenance required |
|
2 |
Good: minor maintenance required plus planned maintenance |
|
3 |
Fair: significant maintenance required |
|
4 |
Poor: significant renewal/rehabilitation required |
|
5 |
Very Poor: physically unsound and/or beyond rehabilitation |
5.1.4 Asset valuations
The road pavement and
surface values are updated in SMEC and the fair valuation asset register on a
regular basis. They are assessed and updated into registers as part of the
inspection process and upon completion of capital works programs. Finance
revalue council roads on a 5yr basis or once a project creating, renewing or
upgrading a road is complete.
|
Current Replacement Cost |
$ 370, 301, 276 |
|
Depreciable Amount |
$ 59,030,000 |
|
Depreciated Replacement Cost[7] |
$ 227,582,296 |
|
Annual Depreciation Expense |
$ 6,432,205 |
Source – Fair Valuation Register February 2013
Useful lives were reviewed in June 2012 and updated based on technical knowledge provided by the Engineering services staff. The useful lives are reviewed and updated (if required) at the end of each financial year.
The unit rates for the replacement of the surface and pavement and the residual values have been updated in February 2013 for inclusion in the plan. The residual values are based on the following table and calculated from sample works carried out.
|
Road hierarchy |
condition rating |
Surface |
Pavement |
|
|
(5=failed) |
($/m2) |
(% of unit replacement cost) |
|
|
|
|
|
|
Local |
1 |
0 |
95 |
|
|
2 |
0 |
90 |
|
|
3 |
0 |
70 |
|
|
4 |
3 |
50 |
|
|
5 |
3 |
30 |
|
|
|
|
|
|
Collector |
1 |
0 |
95 |
|
|
2 |
0 |
90 |
|
|
3 |
0 |
70 |
|
|
4 |
3 |
50 |
|
|
5 |
3 |
30 |
|
|
|
|
|
|
Regional |
1 |
0 |
95 |
|
|
2 |
0 |
90 |
|
|
3 |
0 |
70 |
|
|
4 |
0 |
30 |
|
|
5 |
0 |
10 |
Various ratios of asset consumption and expenditure have been prepared to help guide and gauge asset management performance and trends over time.
|
Rate of Annual Asset Consumption (Depreciation/Depreciable Amount)
|
10.9% |
|
Rate of Annual Asset Renewal (Capital renewal exp/Depreciable amount)
|
12.5% (Annual average) |
|
Rate of Annual Asset Upgrade/New(Capital upgrade exp/Depreciable amount)
|
0.5% (Annual average) |
|
Rate of Annual Asset Upgrade/New (including contributed assets) |
0.5% (Annual average) |
In 2013 the organisation plans to renew assets at 12.5% of the rate they are being consumed and will be increasing its asset stock by 0.5% in this year.
5.1.5 Asset hierarchy
An asset hierarchy provides a framework for structuring data in an information system to assist in collection of data, reporting information and making decisions. The hierarchy includes the asset class and component used for asset planning and financial reporting and service level hierarchy used for service planning and delivery.
Councils roads falls under the asset class, Roads and Transport. They are classified into local, regional and collector types and valued at the component level – pavement , surface and formation.
The road classifications are shown in the table below.
Asset Service Hierarchy
|
Service Hierarchy |
Service Level Objective |
|
Local roads |
local traffic and generally have low traffic volumes and fully maintained and constructed by Council.
|
|
Collector roads |
provide a link between either state roads or regional roads and carry higher amounts of traffic and fully maintained by Council.
|
|
Regional Roads |
provide a link across regions and state roads with funding provided by the Roads and Traffic Authority of NSW and Council generally on a shared basis and maintained by Council.
|
5.2 Infrastructure Risk Management Plan
The Asset Management Risk Guide defines how the Risk Management processes are integrated through out both strategic and operational Asset Management Practices. This process includes a detailed assessment of risks associated with service delivery from infrastructure assets which has identified significant risks that may result in loss or reduction in service from infrastructure assets or a ‘financial shock’ to the organisation.
This risk assessment process:
· identifies risks, and determines an inherent risk rating(no risk treatments in place),
· defines the existing risk treatments,
· reassess the risk score (residual risk),
· evaluates whether the risk is significant, controls are adequate and if a risk treatment plan is required where risk levels are unacceptable.
· Where risk levels are unacceptable a risk treatment plan is developed.
Each group of asset custodians are responsible for maintaining a risk register to assist in the identification of significant risks for their asset group. The detailed risk registers feed relevant risk information and risk treatment actions into both the Asset Management Strategy and Asset Management Plans.
Those significant risks with an unacceptable level of uncontrolled risk will be monitored via the Significant Risk Register which requires a detailed risk treatment plan to be completed for each significant risk to assist in bringing the risk level to an acceptable level.
Significant Risks are those that are High or Extreme with no risk treatment in place or Moderate-4 or higher with risk treatments applied.
5.2.1 Roads Infrastructure Risk Treatment Plans
Roads Risk Treatment Plan # 1
· Strategies to be developed to advocate for additional funding to reduce funding gaps.
· Resource allocation and service levels to be reviewed and additional funding to be requested as part of the Asset Management Strategy.
Roads Risk Treatment Plan #2
· Formal risk monitoring programs to be developed and integrated into the Roads Maintenance Policy and Procedures. i.e. Regular review and reporting of accident statistics, CRM requests, major changes in condition ratings.
Roads Risk Treatment Plan # 3
· Review of Roads Maintenance Policy and Procedures to further define existing risk management practices and integrate with Councils Risk Management Framework.
Table 5.2. Defines the operational Significant Risks for the Roads Asset Class.
Table 5.2: Significant Risks and Treatment Plans
|
Ref # |
Asset Category or Type / Usage Level |
Condition Rating |
|
Pre Treatment/ Control
Risk Score |
Existing Treatments / Control Measures: |
Post Treatment/ Control
Risk Score |
Additional Risk Treatment Actions Required |
|
1 |
All Road Categories |
3 - Fair |
Additional cost for each block to rebuild the road pavement due to the wearing surface not being replaced within required timeframe |
High |
* Infrastructure Levy / additional funding |
Medium |
Roads Risk Treatment Plan # 1 |
|
2 |
All Road Categories |
3 - Fair |
Insufficient funding to carry out intermediate maintenance (patching) to keep an asset in fair condition - delaying the need for more major works (resurfacing or reconstruction) |
High |
* Short term reallocation of capital road
works funding |
Moderate |
Roads Risk Treatment Plan # 1 |
|
14 |
Category 'A' Roads |
4 - Poor/ V Poor |
Damage to vehicle and injury to passenger from MVA caused by failed road surface |
High |
* Roads Maintenance Policy & Procedures |
Medium |
Roads Risk Treatment
Plan #2 |
|
17 |
Category 'A' Roads |
3 - Fair |
Damage to vehicle & injury to passengers from MVA caused by poor road alignment and profile |
Medium |
* Signage, Guard rails, Line marking, median rumble strip * Roads Maintenance Policy & Procedures |
Medium |
Roads Risk Treatment Plan #2
Roads Risk Treatment Plan # 3 |
|
20 |
Category 'A' Roads |
3 - Fair |
Damage to vehicle & injury from MVA caused by narrow road / reduced road width |
Moderate |
* Signage, Guard rails, Line marking, * Roads Maintenance Policy & Procedures |
Moderate |
Roads Risk Treatment
Plan #2 Roads Risk Treatment Plan # 3 |
|
23 |
Category 'A' Roads |
3 - Fair |
Damage to vehicle & injury from MVA caused by hazardous shoulder (i.e. no kerb, edge drop or high embankment) |
Medium |
* Edge drop patching / shoulder edge repairs as part of the formal controls marking, * Roads Maintenance Policy & Procedures |
Moderate |
Roads Risk Treatment
Plan #2. Roads Risk Treatment Plan # 3 |
5.3 Routine Operations and Maintenance Plan
Operations include regular activities to provide services such as public health, safety and amenity, e.g. street sweeping, grass mowing and street lighting.
Routine maintenance is the regular on-going work that is necessary to keep assets operating, including instances where portions of the asset fail and need immediate repair to make the asset operational again.
5.3.1 Operations and Maintenance Plan
Operations activities affect service levels including quality and function through street sweeping and grass mowing frequency, intensity and spacing of street lights and cleaning frequency and opening hours of building and other facilities.
Maintenance includes all actions necessary for retaining an asset as near as practicable to an appropriate service condition including regular ongoing day-to-day work necessary to keep assets operating, e.g. road patching but excluding rehabilitation or renewal. Maintenance may be classifies into reactive, planned and specific maintenance work activities.
Reactive maintenance is unplanned repair work carried out in response to service requests and management/supervisory directions.
Planned maintenance is repair work that is identified and managed through a maintenance management system (MMS). MMS activities include inspection, assessing the condition against failure/breakdown experience, prioritising, scheduling, actioning the work and reporting what was done to develop a maintenance history and improve maintenance and service delivery performance.
Specific maintenance is replacement of higher value components/sub-components of assets that is undertaken on a regular cycle including repainting, replacing air conditioning units, etc. This work falls below the capital/maintenance threshold but may require a specific budget allocation.
Actual past maintenance expenditure is shown in Table 5.3.1.
Table 5.3.1: Maintenance Expenditure Trends
|
Year |
Maintenance Expenditure |
|
|
Planned and Specific |
Reactive |
|
|
2009/2010 |
$ 858, 690 |
$ 214, 673 |
|
2010/2011 |
$ 944, 844 |
$ 236, 211 |
|
2011/2012 |
$ 938,018 |
$ 234,504 |
Planned maintenance work is allocated as 80% and reactive work is 20% of total maintenance expenditure.
Maintenance expenditure levels are considered to be adequate to meet projected service levels, which may be less than or equal to current service levels. Where maintenance expenditure levels are such that will result in a lesser level of service, the service consequences and service risks have been identified and service consequences highlighted in this AM Plan and service risks considered in the Infrastructure Risk Management Plan.
Assessment and prioritisation of reactive maintenance is undertaken by Council staff using experience and judgement.
5.3.2 Operations and Maintenance Strategies
The organisation will operate and maintain assets to provide the defined level of service to approved budgets in the most cost-efficient manner. The operation and maintenance activities include:
· Scheduling operations activities to deliver the defined level of service in the most efficient manner,
· Undertaking maintenance activities through a planned maintenance system to reduce maintenance costs and improve maintenance outcomes. Undertake cost-benefit analysis to determine the most cost-effective split between planned and unplanned maintenance activities (50 – 70% planned desirable as measured by cost),
· Maintain a current infrastructure risk register for assets and present service risks associated with providing services from infrastructure assets and reporting Very High and High risks and residual risks after treatment to management and Council/Board,
· Review current and required skills base and implement workforce training and development to meet required operations and maintenance needs,
· Review asset utilisation to identify underutilised assets and appropriate remedies, and over utilised assets and customer demand management options,
· Maintain a current hierarchy of critical assets and required operations and maintenance activities,
· Develop and regularly review appropriate emergency response capability,
· Review management of operations and maintenance activities to ensure Council is obtaining best value for resources used.
Critical Assets
Critical assets are those assets which have a high consequence of failure but not necessarily a high likelihood of failure. By identifying critical assets and critical failure modes, organisations can target and refines investigative activities, maintenance plans and capital expenditure plans at the appropriate time.
Operations and maintenances activities may be targeted to mitigate critical assets failure and maintain service levels. These activities may include increased inspection frequency, higher maintenance intervention levels, etc.
Standards and specifications
Maintenance work is carried out in accordance with the following Standards and Specifications.
· Ausspec 4 – Road Reserve Maintenance
· AS1160-1990 Bituminous emulsions for construction and maintenance of pavements
· AS4283-1995 Cold mixed asphalt for maintenance patching
· AS2008-1997 Residual Bitumen for pavements
· AS3727-1993 Guide to residential pavements
· Austroads Guide to Traffic Engineering Practice, Part 13 – Pedestrians.
· AS2436-1981 Guide to noise control on construction maintenance and demolition sites.
· Sealed Local Roads Manual: July 2005 authored by ARRB Group
5.3.3 Summary of future operations and maintenance expenditures
Future operations and maintenance expenditure is forecast to trend in line with the value of the asset stock as shown in Figure 4. Note that all costs are shown in current 2012 dollar values (i.e. real values).
Figure 4: Projected Operations and Maintenance Expenditure
The small increase is indicative of the need to fund operations and maintenance associated with the new assets created during the planning period.
Deferred maintenance i.e. works that are identified for maintenance and unable to be funded are to be included in the risk assessment and analysis in the infrastructure risk management plan.
Maintenance is funded from the operating budget where available. This is further discussed in Section 6.2.
5.4 Renewal/Replacement Plan
Renewal and replacement expenditure is major work which does not increase the asset’s design capacity but restores, rehabilitates, replaces or renews an existing asset to its original or lesser required service potential. Work over and above restoring an asset to original service potential is upgrade/expansion or new works expenditure.
5.4.1 Renewal plan
Assets requiring renewal are identified from estimates of remaining life obtained from the roads asset register. Candidate proposals are inspected to verify accuracy of remaining life estimate and to develop a preliminary renewal estimate. Verified proposals are ranked by priority and available funds and scheduled in future works programmes.
Assets requiring renewal/replacement are identified from the three methods provided in the ‘Expenditure Template’.
· Method 1 uses Asset Register data to project the renewal costs using acquisition year and useful life to determine the renewal year, or
· Method 2 uses capital renewal expenditure projections based on renewal values of roads with remaining useful lives less than 10 years.
· Method 3 uses budgeted renewal figures identified in the Long Term Financial Plan.
A combination of these methods was used to prepare the 3 renewal scenarios included in this asset management plan. Assets requiring renewal are identified comparing 3 Scenarios.
It is common that the valuation registers used in Scenario 1 are not developed to a level of maturity where they are reliable for producing a realistic renewal forecast. Ideally when this asset register is updated this should be consistent with the capital renewal program. For Ku-ring-gai Council the refinement of the asset register to achieve this situation will become an important part of the asset management improvement plan.
Scenario 2 is prepared using the technical estimates of what renewal is required to sustain the current levels of service, and it is common that that this estimate will be beyond the current funding capacity of council. Scenario 3 is a reflection of the actual funding available. The difference between Scenario 2 and Scenario 3 represents “what we can’t do”. The discussion about this “gap” will lead us into a much better informed community discussion about what are achievable and acceptable service levels, as well as giving a focus on managing risk.
The useful lives of assets used to develop projected asset renewal expenditures are shown in Table 5.4.1. Asset useful lives were last reviewed on 30 June 2012.
Table 5.4.1: Useful Lives of Assets
|
Asset (Sub)Category |
Useful life Surface |
Useful life pavement |
|
Local roads |
10 - 25 yrs depending on treatment |
50-60 yrs depending on treatment |
|
Collector roads |
5 - 22 yrs depending on treatment |
50-60 yrs depending on treatment |
|
Regional roads |
20-50 yrs depending on treatment |
50-60 yrs depending on treatment |
Data sourced from Fair Valuation Register
5.4.2 Renewal and Replacement Strategies
The organisation will plan capital renewal and replacement projects to meet level of service objectives and minimise infrastructure service risks by:
· Planning and scheduling renewal projects to deliver the defined level of service in the most efficient manner,
· Undertaking project scoping for all capital renewal and replacement projects to identify:
o the service delivery ‘deficiency’, present risk and optimum time for renewal/replacement,
o the project objectives to rectify the deficiency,
o the range of options, estimated capital and life cycle costs for each options that could address the service deficiency,
o and evaluate the options against evaluation criteria adopted by Council, and
o select the best option to be included in capital renewal programs,
· Using ‘low cost’ renewal methods (cost of renewal is less than replacement) wherever possible,
· Maintain a current infrastructure risk register for assets and service risks associated with providing services from infrastructure assets and reporting Very High and High risks and residual risks after treatment to management and Council,
· Review current and required skills base and implement workforce training and development to meet required construction and renewal needs,
· Maintain a current hierarchy of critical assets and capital renewal treatments and timings required,
· Review management of capital renewal and replacement activities to ensure Council is obtaining best value for resources used.
Renewal ranking criteria
Asset renewal and replacement is typically undertaken to either:
· Ensure the reliability of the existing infrastructure to deliver the service it was constructed to facilitate (e.g. replacing a bridge that has a 5 t load limit), or
· To ensure the infrastructure is of sufficient quality to meet the service requirements (e.g. roughness of a road).[8]
It is possible to get some indication of capital renewal and replacement priorities by identifying assets or asset groups that:
· Have a high consequence of failure,
· Have a high utilisation and subsequent impact on users would be greatest,
· The total value represents the greatest net value to the organisation,
· Have the highest average age relative to their expected lives,
· Are identified in the AM Plan as key cost factors,
· Have high operational or maintenance costs, and
· Where replacement with modern equivalent assets would yield material savings.[9]
The ranking of renewal projects is determined by SMEC Pavement Management System and the fair valuation asset register. The future program is included in the Long Term Financial Plan.
Renewal and replacement standards
Renewal work is carried out in accordance to Standards and Specifications including the following;
· AS1160-1990 Bituminous emulsions for construction and maintenance of pavements.
· AS2436-1981 Guide to noise control on construction maintenance and demolition sites.
· AS4283-1995 Cold mixed asphalt for maintenance patching.
· AS2008-1997 Residual Bitumen for pavements.
· AS3727-1993 Guide to residential pavements.
· AS/NZ road design Standards
· A guide to the design of new pavement for light traffic (APRG21)
· Sealed roads manual (ARRB)
· AP – 8/81 Visual assessment of pavement condition
· AP 11.1/88 Guide to traffic engineering practices Part 1 Traffic Flow
· AP 11.2/88 Guide to traffic engineering practices Part 2 – Roadway capacity
· AP – 36/95 Australian adoptions and innovations in road and pavement engineering
· AP – 60/98 Guide to stabilisation in roadwork’s
· AP-232/03 Guidelines for treatment of stormwater run off from the roads infrastructure
· APG - 17/04 Pavement design – a guide to the structural design of road pavements
· APG – 66/02 Asphalt guide
· APG 76/04 Sprayed sealing guide
5.4.3 Summary of future renewal and replacement expenditure
Projected future renewal and replacement expenditures are forecast to increase over time as the asset stock increases from growth. The expenditure is summarised in Fig 5. Note that all amounts are shown in real values.
The projected capital renewal and replacement program is shown in Appendix B.
Figure 5.1: Projected Capital Renewal Expenditure (Scenario 1 - from Asset Register)
The renewal projection (forecast) in Scenario 1 (Using the asset/valuation register) generates a highly variable renewal profile. Whilst the long term averages and total values from this register are sound, the shorter term renewal forecast are not, and are inconsistent with the known capital renewal plans. This indicates that further refinement of the asset register is required before it is valuable as a capital renewal planning tool. This should be given a high priority in the asset management improvement plan.
Figure 5.2: Projected Capital Renewal Expenditure (Scenario 2 –roads with remaining useful lives of less than 10 years)
The current renewal expenditure is anticipated to be insufficient for the short term and there is likely to be reduction in service levels and increasing risks.
Figure 5.3: Projected Capital Renewal Expenditure (Scenario 3 – Balanced with Long Term Financial Plan)
The first 10 years of expenditure shown in Fig 5.3 matches the funding provision in the long term financial plan. The peaks in renewal outside of the 10 year long term financial planning period (2023 & 2024) are indicative of what cannot be done.
Deferred renewal and replacement, i.e. those assets identified for renewal and/or replacement and not scheduled in capital works programs are to be included in the risk analysis process in the risk management plan.
Renewals and replacement expenditure in the organisation’s capital works program will be accommodated in the long term financial plan. This is further discussed in Section 6.2.
5.5 Creation/Acquisition/Upgrade Plan
New works are those works that create a new asset that did not previously exist, or works which upgrade or improve an existing asset beyond its existing capacity. They may result from growth, social or environmental needs. Assets may also be acquired at no cost to the organisation from land development. These assets from growth are considered in Section 4.4.
The total amount of funding allocated for new or upgraded roads is $ 3million[g5] (LTFP) over the next ten years. This is an annual average value of 300K.
5.5.1 Selection criteria
New assets and upgrade/expansion of existing assets are mainly associated with new developments such as sub divisions. New link roads are planned in the town centres associated with the development contributions plan.
5.5.2 Capital Investment Strategies
The organisation will plan capital upgrade and new projects to meet level of service objectives by:
· Planning and scheduling capital upgrade and new projects to deliver the defined level of service in the most efficient manner,
· Undertake project scoping for all capital upgrade/new projects to identify:
o the service delivery ‘deficiency’, present risk and required timeline for delivery of the upgrade/new asset,
o the project objectives to rectify the deficiency including value management for major projects,
o the range of options, estimated capital and life cycle costs for each options that could address the service deficiency,
o management of risks associated with alternative options,
o and evaluate the options against evaluation criteria adopted by Council/Board, and
o select the best option to be included in capital upgrade/new programs,
· Review current and required skills base and implement training and development to meet required construction and project management needs,
· Review management of capital project management activities to ensure Council is obtaining best value for resources used.
Standards and specifications for new assets and for upgrade/expansion of existing assets are the same as those for renewal shown in Section 5.4.2.
5.5.3 Summary of future upgrade/new assets expenditure
Projected upgrade/new asset expenditures are summarised in Fig 6. All amounts are shown in real values.
Fig 6: Projected Capital Upgrade/New Asset Expenditure
Expenditure on new assets and services in the organisation’s capital works program will be accommodated in the long term financial plan. This is further discussed in Section 6.2.
5.6 Disposal Plan
Disposal includes any activity associated with disposal of a decommissioned asset including sale, demolition or relocation. These assets will be further reinvestigated to determine the required levels of service and see what options are available for alternate service delivery, if any. Any revenue gained from asset disposals is accommodated in the organisation’s long term financial plan.
Where cash flow projections from asset disposals are not available, these will be developed in future revisions of this asset management plan.
5.7 Service Consequences and Risks
The organisation has prioritised decisions made in adopting this AM Plan to obtain the optimum benefits from its available resources. Decisions were made based on the development of 3 scenarios of AM Plans.
Scenario 1 - What we would like to do based on asset register data
Scenario 2 – What we should do with existing budgets and identifying level of service and risk consequences (i.e. what are the operations and maintenance and capital projects we are unable to do, what is the service and risk consequences associated with this position). This may require several versions of the AM Plan.
Scenario 3 – What we can do and be financially sustainable with AM Plans matching long-term financial plans.
The development of scenario 1 and scenario 2 AM Plans provides the tools for discussion with the Council and community on trade-offs between what we would like to do (scenario 1) and what we should be doing with existing budgets (scenario 2) by balancing changes in services and service levels with affordability and acceptance of the service and risk consequences of the trade-off position (scenario 3).
5.7.1 What we cannot do
We do not have enough funding to provide all services at the desired service levels and therefore work will be prioritised based on Council’s Pavement Management System and available funding.
Only a limited number of new link roads will be created. These roads are associated with new developments such as sub divisions.
5.7.2 Service consequences
Operations and maintenance activities and capital projects that cannot be undertaken will maintain or create service consequences for users. These include:
· Continue to apply temporary treatments to roads by maintenance crews to help keep roads serviceable until they can be reconstructed.
5.7.3 Risk consequences
The operations and maintenance activities and capital projects that cannot be undertaken may maintain or create risk consequences for the organisation. These include:
· Additional cost for each block to rebuild the road pavement due to the wearing surface not being replaced within required timeframe
· Insufficient funding to carry out intermediate maintenance (patching) to keep an asset in fair condition - delaying the need for more major works (resurfacing or reconstruction),
· Damage to vehicle and injury to passenger from MVA caused by failed road surface
These risks have been included with the Infrastructure Risk Management Plan summarised in Section 5.2 and risk management plans actions and expenditures included within projected expenditures.
6. FINANCIAL SUMMARY
This section contains the financial requirements resulting from all the information presented in the previous sections of this asset management plan. The financial projections will be improved as further information becomes available on desired levels of service and current and projected future asset performance.
6.1 Financial Statements and Projections
The financial projections are shown in Fig 7.1 – 7.3 for projected operating (operations and maintenance) and capital expenditure (renewal and upgrade/expansion/new assets). Note that all costs are shown in real values.
Figure 7.1: Projected Operating and Capital Expenditure and Budget (Scenario 1 - from Asset Register)
As discussed in Section 5.4 the expenditure projection (forecast) in Scenario 1 (Using the asset/valuation register) is not consistent with the required works program or the long term financial plan, and is indicative of the continuing work required to improve the asset register.
Figure 7.2: Projected Operating and Capital Expenditure and Budget (Scenario 2 – Roads with remaining useful lives of less than ten years)
The Scenario 2 renewal requirements are based on the renewal costs of roads with remaining useful lives of less than ten years. This level of funding is not currently being achieved, and indicates a future reduction in services levels and increased risk.
Figure 7.3: Projected Operating and Capital Expenditure and Budget (Scenario 3 – Balanced with Long Term Financial Plan)
The first 10 years of Scenario 3 have been balanced with the funding available. In practice to achieve this infrastructure renewal projects will be deferred. The detailed project implications and the service and risk consequences of this should form the basis of developing an advanced asset management plan.
6.1.1 Sustainability of service delivery
There are four key indicators for service delivery sustainability that have been considered in the analysis of the services provided by this asset category, these being the asset renewal funding ratio, long term life cycle costs/expenditures and medium term projected/budgeted expenditures over 5 and 10 years of the planning period.
Asset Renewal Funding Ratio
Asset Renewal Funding Ratio[10] - 56%
The Asset Renewal Funding Ratio is the most important indicator and reveals that over the next 10 years, the organisation is forecasting that it will have 56% of the funds required for the optimal renewal and replacement of its assets. (Scenario 2)
Long term - Life Cycle Cost
Life cycle costs (or whole of life costs) are the average costs that are required to sustain the service levels over the asset life cycle. Life cycle costs include operations and maintenance expenditure and asset consumption (depreciation expense). The life cycle cost for the services covered in this asset management plan is $7.9M per year (average operations and maintenance expenditure plus depreciation expense projected over 10 years).
Life cycle costs can be compared to life cycle expenditure to give an initial indicator of affordability of projected service levels when considered with age profiles. Life cycle expenditure includes operations, maintenance and capital renewal expenditure. Life cycle expenditure will vary depending on the timing of asset renewals. The life cycle expenditure over the 10 year planning period is $ 8.8M per year (average operations and maintenance plus capital renewal budgeted expenditure in LTFP over 10 years).
A shortfall between life cycle cost and life cycle expenditure is the life cycle gap. The life cycle gap for services covered by this asset management plan is $900K per year (-ve = gap, +ve = surplus).
Life cycle expenditure is 112% of life cycle costs.
The life cycle costs and life cycle expenditure comparison highlights any difference between present outlays and the average cost of providing the service over the long term. If the life cycle expenditure is less than that life cycle cost, it is most likely that outlays will need to be increased or cuts in services made in the future.
Knowing the extent and timing of any required increase in outlays and the service consequences if funding is not available will assist organisations in providing services to their communities in a financially sustainable manner. This is the purpose of the asset management plans and long term financial plan.
Medium term – 10 year financial planning period
This asset management plan identifies the projected operations, maintenance and capital renewal expenditures required to provide an agreed level of service to the community over a 10 year period. This provides input into 10 year financial and funding plans aimed at providing the required services in a sustainable manner.
These projected expenditures may be compared to budgeted expenditures in the 10 year period to identify any funding shortfall. In a core asset management plan, a gap is generally due to increasing asset renewals for ageing assets.
The projected operations, maintenance and capital renewal expenditure required over the 10 year planning period is $ 14.5M on average per year.
Estimated (budget) operations, maintenance and capital renewal funding is $ 8.8M on average per year giving a 10 year funding shortfall of $5.7M [g6] per year. This indicates that Council expects to have 61% of the projected expenditures needed to provide the services documented in the asset management plan. (Scenario 2)
Medium Term – 5 year financial planning period
The projected operations, maintenance and capital renewal expenditure required over the first 5 years of the planning period is $14.5M on average per year.
Estimated (budget) operations, maintenance and capital renewal funding is $9M on average per year giving a 5 year funding shortfall of $5.5M This indicates that Council expects to have 62% of projected expenditures required to provide the services shown in this asset management plan. (Scenario 2)
Table 6 Comparison of three scenarios – funding requirements
|
|
Scenario 1 ($000’s) |
Scenario 2 ($000’s) |
Scenario 3 ($000’s) |
|
Asset Renewal Funding Ratio |
21% |
56% |
100 % |
|
Life Cycle Cost (long term)'($000) |
|
|
|
|
Life Cycle Cost (depreciation + ops. and maintenance. eexpenditures – 10 year average) |
$7,887 |
$7,887 |
$7,887 |
|
Life Cycle Exp. (Capital renewal. + operations + maintenance expenditure 10 year average) |
$8781 |
$8781 |
$8781 |
|
Life Cycle Gap [life cycle expenditure - life cycle cost [-ve = gap] |
$904 |
$904 |
$904 |
|
Life Cycle Sustainability Indicator [life cycle expenditure / LCC] |
112% |
112% |
112% |
|
Medium Term (10 yrs) Sustainability |
|
|
|
|
10 year Operations, Maintenance & Renewal Projected Expenditure |
$31,485 |
$14,461 |
$8,815 |
|
10 year Operations, Maintenance & Renewal Planned (Budget) Expenditures |
$8,791 |
$8,791 |
$8,791 |
|
10 year Funding Shortfall (10 year projected. expenditures. - Planned (Budget) Expenditures) |
-$22,694 |
-$5,670 |
-$24 |
|
10 year Sustainability Indicator (10 year planned exp. / projected. Expenditure) |
28 % |
61 % |
100 % |
|
Short Term (5 years) Sustainability |
|
|
|
|
5 year Operations, Maintenance & Renewal Projected Expenditure |
$61,291 |
$14,452 |
$8,975 |
|
5 year Operations, Maintenance & Renewal Planned (Budget) Expenditure |
$8,961 |
$8,961 |
$8,961 |
|
5 year Funding Shortfall (5 year projected expenditures. - planned (budget) expenditures) |
-$52,330 |
-$5,491 |
-$15 |
|
5 year Sustainability Indicator (5 year planned expenditures. / projected expenditures) |
15 % |
62 % |
100 % |
Asset management financial indicators
Figure 7A shows the asset management financial indicators over the 10 year planning period and for the long term life cycle.
Figure 7A: Asset Management Financial Indicators (Scenario 1 - from Asset Register)
Figure 7A: Asset Management Financial Indicators (Scenario 2 – roads with remaining useful lives of less than ten years
Figure 7C: Asset Management Financial Indicators (Scenario 3 – Balanced with Long Term Financial Plan)
Providing services from infrastructure in a sustainable manner requires the matching and managing of service levels, risks, projected expenditures and financing to achieve a financial indicator of approximately 1.0 for the first years of the asset management plan and ideally over the 10 year life of the Long Term Financial Plan.
Figure 8.1-8.3 shows the projected asset renewal and replacement expenditure over the 20 years of the AM Plan. The projected asset renewal and replacement expenditure is compared to renewal and replacement expenditure in the capital works program, which is accommodated in the long term financial plan
Figure 8.1: Projected and LTFP
Budgeted Renewal Expenditure (Scenario 1 - from
Asset Register)
Table 6.1.1 shows the shortfall between projected renewal and replacement expenditures and expenditure accommodated in long term financial plan. Budget expenditures accommodated in the long term financial plan or extrapolated from current budgets are shown in Appendix D.
Table 6.1.1: Projected and LTFP Budgeted Renewals and Financing Shortfall
|
Year End |
Projected |
LTFP |
Renewal Financing |
Cumulative Shortfall($'000) |
|
Jun-30 |
Renewals |
Renewal Budget |
Shortfall ($'000) |
(- gap, + surplus) |
|
|
($'000) |
($'000) |
(- gap, + surplus) |
|
|
2013 |
$299,227 |
$6,629 |
-$292,598 |
-$292,598 |
|
2014 |
$0 |
$6,837 |
$6,837 |
-$285,761 |
|
2015 |
$0 |
$7,419 |
$7,419 |
-$278,342 |
|
2016 |
$0 |
$9,444 |
$9,444 |
-$268,898 |
|
2017 |
$0 |
$7,319 |
$7,319 |
-$261,579 |
|
2018 |
$229 |
$6,488 |
$6,259 |
-$255,320 |
|
2019 |
$0 |
$6,488 |
$6,488 |
-$248,832 |
|
2020 |
$0 |
$6,624 |
$6,624 |
-$242,208 |
|
2021 |
$0 |
$8,442 |
$8,442 |
-$233,766 |
|
2022 |
$848 |
$7,912 |
$7,064 |
-$226,702 |
|
2023 |
$3,345 |
$7,360 |
$4,015 |
-$222,687 |
|
2024 |
$0 |
$7,360 |
$7,360 |
-$215,326 |
|
2025 |
$0 |
$7,360 |
$7,360 |
-$207,966 |
|
2026 |
$0 |
$7,360 |
$7,360 |
-$200,606 |
|
2027 |
$0 |
$7,360 |
$7,360 |
-$193,246 |
|
2028 |
$21,385 |
$7,360 |
-$14,025 |
-$207,271 |
|
2029 |
$0 |
$7,360 |
$7,360 |
-$199,910 |
|
2030 |
$0 |
$7,360 |
$7,360 |
-$192,550 |
|
2031 |
$0 |
$7,360 |
$7,360 |
-$185,190 |
|
2032 |
$0 |
$7,360 |
$7,360 |
-$177,830 |
Figure 8.2: Projected and LTFP Budgeted Renewal Expenditure (Scenario 2 –roads with remaining useful lives less than ten years)
Table 6.1.1.S2: Projected and LTFP Budgeted Renewals and Financing Shortfall (Scenario 2 – roads with remaining useful lives of less than 10 years)
|
Year End |
Projected |
LTFP |
Renewal Financing |
Cumulative Shortfall($'000) |
|
Jun-30 |
Renewals |
Renewal Budget |
Shortfall ($'000) |
(- gap, + surplus) |
|
|
($'000) |
($'000) |
(- gap, + surplus) |
|
|
2013 |
$13,006 |
$6,629 |
-$6,377 |
-$6,377 |
|
2014 |
$13,006 |
$6,837 |
-$6,169 |
-$12,546 |
|
2015 |
$13,006 |
$7,419 |
-$5,587 |
-$18,133 |
|
2016 |
$13,006 |
$9,444 |
-$3,562 |
-$21,695 |
|
2017 |
$13,006 |
$7,319 |
-$5,687 |
-$27,382 |
|
2018 |
$13,006 |
$6,488 |
-$6,518 |
-$33,900 |
|
2019 |
$13,006 |
$6,488 |
-$6,518 |
-$40,418 |
|
2020 |
$13,006 |
$6,624 |
-$6,382 |
-$46,800 |
|
2021 |
$13,006 |
$8,442 |
-$4,564 |
-$51,364 |
|
2022 |
$13,006 |
$7,912 |
-$5,094 |
-$56,458 |
|
2023 |
$13,006 |
$7,360 |
-$5,646 |
-$62,104 |
|
2024 |
$13,006 |
$7,360 |
-$5,646 |
-$67,750 |
|
2025 |
$13,006 |
$7,360 |
-$5,646 |
-$73,395 |
|
2026 |
$13,006 |
$7,360 |
-$5,646 |
-$79,041 |
|
2027 |
$13,006 |
$7,360 |
-$5,646 |
-$84,687 |
|
2028 |
$13,006 |
$7,360 |
-$5,646 |
-$90,333 |
|
2029 |
$13,006 |
$7,360 |
-$5,646 |
-$95,979 |
|
2030 |
$13,006 |
$7,360 |
-$5,646 |
-$101,624 |
|
2031 |
$13,006 |
$7,360 |
-$5,646 |
-$107,270 |
|
2032 |
$13,006 |
$7,360 |
-$5,646 |
-$112,916 |
Note: A negative shortfall indicates a financing gap; a positive shortfall indicates a surplus for that year.
Figure 8.3: Projected and LTFP Budgeted Renewal Expenditure (Scenario 3 – Balanced with Long Term Financial Plan)
Table 6.1.1.S3: Projected and LTFP Budgeted Renewals and Financing Shortfall (Scenario 3 – Balanced with Long Term Financial Plan)
|
Year End |
Projected |
LTFP |
Renewal Financing |
Cumulative Shortfall($'000) |
|
Jun-30 |
Renewals |
Renewal Budget |
Shortfall ($'000) |
(- gap, + surplus) |
|
|
($'000) |
($'000) |
(- gap, + surplus) |
|
|
2013 |
$6,629 |
$6,629 |
$0 |
$0 |
|
2014 |
$6,837 |
$6,837 |
$0 |
$0 |
|
2015 |
$7,419 |
$7,419 |
$0 |
$0 |
|
2016 |
$9,444 |
$9,444 |
$0 |
$0 |
|
2017 |
$7,319 |
$7,319 |
$0 |
$0 |
|
2018 |
$6,488 |
$6,488 |
$0 |
$0 |
|
2019 |
$6,488 |
$6,488 |
$0 |
$0 |
|
2020 |
$6,624 |
$6,624 |
$0 |
$0 |
|
2021 |
$8,442 |
$8,442 |
$0 |
$0 |
|
2022 |
$7,912 |
$7,912 |
$0 |
$0 |
|
2023 |
$28,228 |
$7,360 |
-$20,868 |
-$20,868 |
|
2024 |
$28,228 |
$7,360 |
-$20,868 |
-$41,736 |
|
2025 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2026 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2027 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2028 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2029 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2030 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2031 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
|
2032 |
$7,360 |
$7,360 |
$0 |
-$41,735 |
Note: A negative shortfall indicates a financing gap; a positive shortfall indicates a surplus for that year.
Figure 8.4: Projected and LTFP Budgeted Renewal Expenditure (Scenario 4 – Without the infrastructure levy)
Table 6.1.1.S4: Projected and LTFP Budgeted Renewals and Financing Shortfall (Scenario – Without the infrastructure levy)
|
Year End |
Projected |
LTFP |
Renewal Financing |
Cumulative Shortfall($'000) |
|
Jun-30 |
Renewals |
Renewal Budget |
Shortfall ($'000) |
(- gap, + surplus) |
|
|
($'000) |
($'000) |
(- gap, + surplus) |
|
|
2013 |
$13,006 |
$4,245 |
-$8,761 |
-$8,761 |
|
2014 |
$13,006 |
$4,212 |
-$8,794 |
-$17,555 |
|
2015 |
$13,006 |
$4,694 |
-$8,312 |
-$25,867 |
|
2016 |
$13,006 |
$6,613 |
-$6,393 |
-$32,260 |
|
2017 |
$13,006 |
$4,374 |
-$8,632 |
-$40,892 |
|
2018 |
$13,006 |
$3,429 |
-$9,577 |
-$50,469 |
|
2019 |
$13,006 |
$3,312 |
-$9,694 |
-$60,163 |
|
2020 |
$13,006 |
$3,328 |
-$9,678 |
-$69,841 |
|
2021 |
$13,006 |
$5,020 |
-$7,986 |
-$77,827 |
|
2022 |
$13,006 |
$4,360 |
-$8,646 |
-$86,473 |
|
2023 |
$13,006 |
$4,359 |
-$8,647 |
-$95,120 |
|
2024 |
$13,006 |
$4,359 |
-$8,647 |
-$103,768 |
|
2025 |
$13,006 |
$4,359 |
-$8,647 |
-$112,415 |
|
2026 |
$13,006 |
$4,359 |
-$8,647 |
-$121,062 |
|
2027 |
$13,006 |
$4,359 |
-$8,647 |
-$129,710 |
|
2028 |
$13,006 |
$4,359 |
-$8,647 |
-$138,357 |
|
2029 |
$13,006 |
$4,359 |
-$8,647 |
-$147,004 |
|
2030 |
$13,006 |
$4,359 |
-$8,647 |
-$155,651 |
|
2031 |
$13,006 |
$4,359 |
-$8,647 |
-$164,299 |
|
2032 |
$13,006 |
$4,359 |
-$8,647 |
-$172,946 |
Note: A negative shortfall indicates a financing gap; a positive shortfall indicates a surplus for that year.
Providing services in a sustainable manner will require matching of projected asset renewal and replacement expenditure to meet agreed service levels with the corresponding capital works program accommodated in the long term financial plan.
A gap between projected asset renewal/replacement expenditure and amounts accommodated in the LTFP indicates that further work is required on reviewing service levels in the AM Plan (including possibly revising the LTFP). This work forms part of the ongoing improvement of the asset management plan. In this asset management plan the extent of the “gap” is shown in the difference between Scenario 2 and Scenario 3.
We will manage the ‘gap’ by developing this asset management plan to provide guidance on future service levels and resources required to provide these services, and review future services, service levels and costs with the community.
6.1.2 Projected expenditures for long term financial plan
Table 6.1.2.S2 shows the projected expenditures for the 10 year long term financial plan based on the projected renewals for roads with remaining useful lives of less than 10years. (Scenario 2). Ongoing consideration of future funding is required as this expenditure is not funded and will result in the consequence of declining service levels and increasing risk.
Expenditure projections are in 2012 real values.
Table 6.1.2:S2 Projected Expenditures for Long Term Financial Plan ($000) – Based on Scenario 2 – roads with remaining useful lives less than ten years
|
Year |
Operations |
Maintenance |
Projected |
Capital |
Disposals |
|
Capital Renewal |
Upgrade/New |
||||
|
2013 |
$225.00 |
$1,206.00 |
$13,006.00 |
$96.00 |
$0.00 |
|
2014 |
$225.06 |
$1,207.96 |
$13,006.00 |
$910.00 |
$0.00 |
|
2015 |
$225.61 |
$1,226.55 |
$13,006.00 |
$115.00 |
$0.00 |
|
2016 |
$225.68 |
$1,228.90 |
$13,006.00 |
$125.00 |
$0.00 |
|
2017 |
$225.76 |
$1,231.46 |
$13,006.00 |
$177.00 |
$0.00 |
|
2018 |
$225.86 |
$1,235.07 |
$13,006.00 |
$0.00 |
$0.00 |
|
2019 |
$225.86 |
$1,235.07 |
$13,006.00 |
$0.00 |
$0.00 |
|
2020 |
$225.86 |
$1,235.07 |
$13,006.00 |
$0.00 |
$0.00 |
|
2021 |
$225.86 |
$1,235.07 |
$13,006.00 |
$751.00 |
$0.00 |
|
2022 |
$226.32 |
$1,250.42 |
$13,006.00 |
$858.00 |
$0.00 |
|
2023 |
$226.84 |
$1,267.94 |
$13,006.00 |
$303.20 |
$0.00 |
|
2024 |
$227.03 |
$1,274.14 |
$13,006.00 |
$303.20 |
$0.00 |
|
2025 |
$227.21 |
$1,280.33 |
$13,006.00 |
$303.20 |
$0.00 |
|
2026 |
$227.40 |
$1,286.53 |
$13,006.00 |
$303.20 |
$0.00 |
|
2027 |
$227.58 |
$1,292.72 |
$13,006.00 |
$303.20 |
$0.00 |
|
2028 |
$227.76 |
$1,298.92 |
$13,006.00 |
$303.20 |
$0.00 |
|
2029 |
$227.95 |
$1,305.11 |
$13,006.00 |
$303.20 |
$0.00 |
|
2030 |
$228.13 |
$1,311.31 |
$13,006.00 |
$303.20 |
$0.00 |
|
2031 |
$228.32 |
$1,317.50 |
$13,006.00 |
$303.20 |
$0.00 |
|
2032 |
$228.50 |
$1,323.69 |
$13,006.00 |
$303.20 |
$0.00 |
Table 6.1.2.S3 shows the projected expenditures which are matching the 10 year long term financial plan (Scenario 3 – Balanced with Long Term Financial Plan). Ongoing consideration of future funding is required as this expenditure will result in the consequence of declining service levels and increasing risk.
Expenditure projections are in 2012 real values.
Table 6.1.2:S3 Projected Expenditures for Long Term Financial Plan ($000) – Based on Scenario 3 – Balanced with available funding
|
Year |
Operations |
Maintenance |
Projected |
Capital |
Disposals |
|
Capital Renewal |
Upgrade/New |
||||
|
2013 |
$225.00 |
$1,206.00 |
$6,629.00 |
$96.00 |
$0.00 |
|
2014 |
$225.06 |
$1,207.96 |
$6,837.00 |
$910.00 |
$0.00 |
|
2015 |
$225.61 |
$1,226.55 |
$7,419.00 |
$115.00 |
$0.00 |
|
2016 |
$225.68 |
$1,228.90 |
$9,444.00 |
$125.00 |
$0.00 |
|
2017 |
$225.76 |
$1,231.46 |
$7,319.00 |
$177.00 |
$0.00 |
|
2018 |
$225.86 |
$1,235.07 |
$6,488.00 |
$0.00 |
$0.00 |
|
2019 |
$225.86 |
$1,235.07 |
$6,488.00 |
$0.00 |
$0.00 |
|
2020 |
$225.86 |
$1,235.07 |
$6,624.00 |
$0.00 |
$0.00 |
|
2021 |
$225.86 |
$1,235.07 |
$8,442.00 |
$751.00 |
$0.00 |
|
2022 |
$226.32 |
$1,250.42 |
$7,912.00 |
$858.00 |
$0.00 |
|
2023 |
$226.84 |
$1,267.94 |
$28,228.00 |
$303.20 |
$0.00 |
|
2024 |
$227.03 |
$1,274.14 |
$28,228.00 |
$303.20 |
$0.00 |
|
2025 |
$227.21 |
$1,280.33 |
$7,360.00 |
$303.20 |
$0.00 |
|
2026 |
$227.40 |
$1,286.53 |
$7,360.20 |
$303.20 |
$0.00 |
|
2027 |
$227.58 |
$1,292.72 |
$7,360.20 |
$303.20 |
$0.00 |
|
2028 |
$227.76 |
$1,298.92 |
$7,360.20 |
$303.20 |
$0.00 |
|
2029 |
$227.95 |
$1,305.11 |
$7,360.20 |
$303.20 |
$0.00 |
|
2030 |
$228.13 |
$1,311.31 |
$7,360.20 |
$303.20 |
$0.00 |
|
2031 |
$228.32 |
$1,317.50 |
$7,360.20 |
$303.20 |
$0.00 |
|
2032 |
$228.50 |
$1,323.69 |
$7,360.20 |
$303.20 |
$0.00 |
6.2 Funding Strategy
After reviewing service levels, as appropriate to ensure ongoing financial sustainability projected expenditures identified in Section 6.1.2 will be accommodated in the organisation’s 10 year long term financial plan.
6.3 Valuation Forecasts
Asset values are forecast to increase as additional assets are added to the asset stock from construction and acquisition by the organisation and from assets constructed by land developers and others and donated to the organisation. Figure 9 shows the projected replacement cost asset values over the planning period in real values.
Figure 9: Projected Asset Values
Depreciation expense values are forecast in line with asset values as shown in Figure 10.
Figure 10: Projected Depreciation Expense
The depreciated replacement cost will vary over the forecast period depending on the rates of addition of new assets, disposal of old assets and consumption and renewal of existing assets. Forecast of the assets’ depreciated replacement cost is shown in Figure 11. The depreciated replacement cost of contributed and new assets is shown in the darker colour and in the lighter colour for existing assets.
Figure 11: Projected Depreciated Replacement Cost
6.4 Key Assumptions made in Financial Forecasts
This section details the key assumptions made in presenting the information contained in this asset management plan and in preparing forecasts of required operating and capital expenditure and asset values, depreciation expense and carrying amount estimates. It is presented to enable readers to gain an understanding of the levels of confidence in the data behind the financial forecasts.
Key assumptions made in this asset management plan and risks that these may change are shown in Table 6.4.
Table 6.4: Key Assumptions made in AM Plan and Risks of Change
|
Key Assumptions |
Risks of Change to Assumptions |
|
Council continues to provide the same level of funding |
Medium risk (see risk register) |
|
The infrastructure Levy will continue for another 5 years from 2013 |
Medium risk |
|
Assumptions used by PMS are consistent with reality |
High risk |
|
That pavements do not deteriorate faster than predicted |
High risk
|
|
Use of technical judgement for renewal Requirements (Scenario 2) |
Medium risk |
|
Use of existing valuations, useful lives and remaining lives determined from the condition rating |
Medium risk |
6.5 Forecast Reliability and Confidence
The expenditure and valuations projections in this AM Plan are based on best available data. Currency and accuracy of data is critical to effective asset and financial management. Data confidence is classified on a 5 level scale[11] in accordance with Table 6.5.
Table 6.5: Data Confidence Grading System
|
Confidence Grade |
Description |
|
A Highly reliable |
Data based on sound records, procedures, investigations and analysis, documented properly and recognised as the best method of assessment. Dataset is complete and estimated to be accurate ± 2% |
|
B Reliable |
Data based on sound records, procedures, investigations and analysis, documented properly but has minor shortcomings, for example some of the data is old, some documentation is missing and/or reliance is placed on unconfirmed reports or some extrapolation. Dataset is complete and estimated to be accurate ± 10% |
|
C Uncertain |
Data based on sound records, procedures, investigations and analysis which is incomplete or unsupported, or extrapolated from a limited sample for which grade A or B data are available. Dataset is substantially complete but up to 50% is extrapolated data and accuracy estimated ± 25% |
|
D Very Uncertain |
Data is based on unconfirmed verbal reports and/or cursory inspections and analysis. Dataset may not be fully complete and most data is estimated or extrapolated. Accuracy ± 40% |
|
E Unknown |
None or very little data held. |
The estimated confidence level for and reliability of data used in this AM Plan is shown in Table 6.5.1.
Table 6.5.1: Data Confidence Assessment for Data used in AM Plan
|
Data |
Confidence Assessment |
Comment |
|
Demand drivers |
C Uncertain |
Estimated, further substantiation required for Asset Management Strategy. |
|
Growth projections |
B Reliable |
further substantiation required for next revision of the AMP |
|
Operations expenditures |
B Reliable |
Direct from budget. |
|
Maintenance expenditures |
B Reliable
|
Direct from budget. |
|
Projected Renewal expenditures .- Asset values |
C Uncertain |
Estimated from remaining useful lives. Each road would have to be inspected to determine accuracy. |
|
- Asset residual values |
B Reliable |
Updated at valuation. Based on current project costs. |
|
- Asset useful lives |
B Reliable |
Updated at valuation. Based on current project costs. |
|
- Condition modelling |
B Reliable |
Updated at valuation. Based on current project costs. |
|
- Network renewals |
B Reliable |
Direct from budget. |
|
Upgrade/New expenditures |
B Reliable |
Direct from budget. |
Over all data sources, the data confidence is assessed as medium confidence level for data used in the preparation of this AM Plan.
7. PLAN IMPROVEMENT AND MONITORING
7.1 Status of Asset Management Practices
7.1.1 Accounting and financial systems
Financial transactions are recorded in Council’s corporate financial systems (currently Technology 1 – Financials).
The Finance Officers and Financial Accountants are responsible for operating the finance system.
The Long Term Financial Plan also uses the life cycle program as a stand-alone asset management database for all infrastructure assets.
Council’s long term Financial Model demonstrates Council’s financial position and its capacity to fund additional major capital expenditure, continued asset renewal and any potential increase in services or service levels. It has been prepared in accordance with the provisions of the Local Government Amendment (Planning and Reporting) Act 2009 and the associated guidelines and manual.
It clearly shows that Council, with its current income, has no capacity to fund additional facilities or upgrades unless services or service levels are decreased, or additional funding sources are identified. This has particular relevance given that there is already a gap identified between planned road asset renewals and projected road asset renewals.
Accounting standards and regulations
The Local Government Act 1993 requires that Council prepare and maintain all accounting records, accounts and financial statements in accordance with all relevant Australian Accounting Standards. The following accounting standards and guidelines must be complied with:
· AASB 116 Property, Plant & Equipment – prescribes requirements for recognition and depreciation of property, plant and equipment assets
· AASB 136 Impairment of Assets – aims to ensure that assets are carried at amounts that are not in excess of their recoverable amounts
· AASB 1021 Depreciation of Non-Current Assets – specifies how depreciation is to be calculated
· AAS 1001 Accounting Policies – specifies the policies that Council is to have for recognition of assets and depreciation
· AASB 1041 Accounting for the reduction of Non-Current Assets – specifies the frequency and basis of calculating depreciation and revaluation basis used for assets
· AAS 1015 Accounting for acquisition of assets – method of allocating the value to new assets on acquisition
· AAS 27 Financial reporting by Local Government
· AAS 1010 Recoverable Amounts of Non-Current Assets – specifies requirement to test the reasonableness of valuations
Capital threshold
Asset Capitalisation Threshold - $10,000
Capitalisation thresholds are generally defined in dollar values for each asset class. Where the cost of an asset or a component is below the capitalisation threshold amount, the cost is expensed.
The purpose of setting a threshold level is to minimise the expense and effort associated with maintaining records.
Council has determined capitalisation thresholds for each class of assets. In determining these thresholds, consideration has been given to the nature of the asset and its estimated useful life.
Source – Asset Accounting and Capitalisation Policy – June 2012
Required changes to accounting financial systems arising from this AM Plan
· Develop reporting on expenditures, with separation of costs for operations as opposed to maintenance and improved reporting on capital expenditures as renewal or upgrade/new,
· Continued input and development of a single corporate asset register, in which financial calculations including calculation of annual depreciation can be undertaken by council.
· Linking of the customer service system/work orders to the corporate asset register to link requests to asset records,
· Improved project cost accounting to record costs against the asset component and develop valuation unit rates.
7.2.1 Asset management system
· Pavement Management System – SMEC, is managed by the Operations Department
Accountabilities for asset management system and data maintenance
Pavement Engineer
Fair valuation spreadsheet – linked to PMS. Used for reporting purposes.
Accountabilities for the fair valuation spreadsheet
Strategic Asset Officer
Pavement Engineer
Required changes to asset management system arising from this AM Plan
Required changes to asset management system arising from this AM Plan
· Review of accuracy and currency of asset data,
· Continued development of a single technical asset register as the corporate asset register, in which financial calculations including calculation of annual depreciation can be undertaken by council at an individual asset component level.
· Development of a works costing and maintenance management system to improve works planning and cost recording, in particular to identify expenditure type (operations, maintenance, capital renewal and capital new/upgrade)
· Improved project cost accounting to record costs against the asset component and develop valuation unit rates.
7.2 Improvement Program
The asset management improvement plan generated from this asset management plan is shown in Table 7.2.
Table 7.2: Improvement Plan
|
Task No |
Task |
Responsibility |
Timeline |
|
1 |
Improve record and reporting on expenditures, with separate costs for operations, maintenance and capture capital expenditures as renewal or upgrade/new |
Finance and operations and Strategic assets |
Ongoing |
|
2 |
Continue the development of the corporate asset register, in which financial calculations including calculation of annual depreciation are undertaken by council. |
Corporate Operations and Strategy |
Ongoing |
|
3 |
Linking of the customer service system to the corporate asset register to link requests to asset records |
Finance and operations and Strategy |
Ongoing |
|
4 |
Continue to Improve project cost accounting to record costs against the asset component and develop valuation unit rates |
Corporate (Technical & Financial) |
Ongoing |
|
5 |
Review the accuracy and currency of asset data |
Director Operations Pavement Engineer& Strategic Asset Officer |
Ongoing |
|
6 |
Review methodology for determining remaining life, with detail assessment for assets requiring renewal in the medium term (next 10-20 years) An outcome should be that the remaining lives from the asset register will generate a renewal scenario aligning with the Works Program and Long Term Financial Plan. (Scenario 1 described in this asset management plan will match Scenario 3) |
Director Operations Pavement Engineer& Strategic Asset Officer |
2013/2014 |
|
7 |
Maintenance response levels should be documented and adopted. |
Operations |
2013/2014 |
7.3 Monitoring and Review Procedures
This asset management plan will be reviewed during annual budget planning processes and amended to recognise any material changes in service levels and/or resources available to provide those services as a result of budget decisions.
The AM Plan will be updated annually to ensure it represents the current service level, asset values, projected operations, maintenance, capital renewal and replacement, capital upgrade/new and asset disposal expenditures and projected expenditure values incorporated into the Council’s long term financial plan.
The AM Plan has a life of 4 years (council election cycle) and is due for complete revision and update once the Asset Management Strategy is adopted.
7.4 Performance Measures
The effectiveness of the asset management plan can be measured in the following ways:
· The degree to which the required projected expenditures identified in this asset management plan are incorporated into the organisation’s long term financial plan,
· The degree to which 1-5 year detailed works programs, budgets, business plans and organisational structures take into account the ‘global’ works program trends provided by the asset management plan,
· The degree to which the existing and projected service levels and service consequences (what we cannot do), risks and residual risks are incorporated into the organisation’s Strategic Plan and associated plans,
· The Asset Renewal Funding Ratio achieving the target of 1.0.
8. Conclusion
From the calculation of the fair value for roads, the following table provides a summary of the condition of Council’s roads as at 30 January 2013:
|
Condition |
Rating |
Replacement Cost |
Fair Value |
Annual Depreciation |
Replacement Cost % |
|
Ex/ V Good |
1 |
118,488,400 |
114,797,319 |
1,426,186 |
32.0% |
|
Good |
2 |
22,643,964 |
20,055,157 |
288,870 |
6.1% |
|
Fair |
3 |
20,637,421 |
16,397,224 |
279,942 |
5.6% |
|
Poor/ V Poor |
4 |
50,658,656 |
26,226,816 |
948,484 |
13.7% |
|
Failed |
5 |
157,872,836 |
50,105,781 |
3,488,723 |
42.6% |
|
Totals |
|
$ 370,301,276 |
$ 227,582,296 |
$ 6,432,205 |
100.0% |
|
Cost to Satisfactory 2011/2012 |
Cost to Satisfactory 2021/2022 |
Required annual operating and renewal |
Budgeted Annual operating and renewal |
Sustainability index |
Gap |
|
$ 80,370,778 |
$ 80,175,821 |
$ 14,461,000 |
$ 8,791,000 |
0.61 |
-$ 5,671,000 |
Consequently, Council must allocate an additional $5.7million to its road renewal and maintenance program to reduce the identified gap.
Without the infrastructure levy, the gap will further increase to $ $8.673 million annually.
As it is likely to be impractical for Council to provide the additional level of funding required, Council will need to be aware of the risks associated with providing a lower level of funding and therefore a lower level of service to the community.
It is imperative that Council continue with the Infrastructure Levy funding in the short and in future years consider applying for a Section 508(A) special variation for all its assets to assist with providing additional funding for its roads and other assets.
8. REFERENCES
IPWEA, 2006, ‘International Infrastructure Management Manual’, Institute of Public Works Engineering Australia, Sydney, www.ipwea.org.au/IIMM
IPWEA, 2008, ‘NAMS.PLUS Asset Management’, Institute of Public Works Engineering Australia, Sydney, www.ipwea.org.au/namsplusError! Hyperlink reference not valid..
IPWEA, 2009, ‘Australian Infrastructure Financial Management Guidelines’, Institute of Public Works Engineering Australia, Sydney, www.ipwea.org.au/AIFMG.
IPWEA, 2011, ‘International Infrastructure Management Manual’, Institute of Public Works Engineering Australia, Sydney, www.ipwea.org.au/IIMM
Community Strategic Plan 2030,
Long Term Financial Plan 2011
9. APPENDICES
Appendix A Maintenance Policy and Procedure
Appendix B Projected 10 year Capital Renewal and Replacement Works Program
Appendix C Budgeted Expenditures Accommodated in LTFP
Appendix D Roads Risk Register
Appendix E Abbreviations
Appendix F Glossary
Appendix A Maintenance Policy and Procedure
Communications to add PDF Policy here = folder 2011/205704 or on Councils website Road Maintenance Policy (pdf. 61KB)
Appendix B Projected 10 year Capital Renewal and Replacement Works Program
Scenario 2 – Required amount to be spent based on roads with remaining useful lives less than ten years.
|
Category |
Year |
Renewal Cost ($000) |
|
Roads - Less than 10year RUL |
2013 |
$13,006 |
|
Roads - Less than 10year RUL |
2014 |
$13,006 |
|
Roads - Less than 10year RUL |
2015 |
$13,006 |
|
Roads - Less than 10year RUL |
2016 |
$13,006 |
|
Roads - Less than 10year RUL |
2017 |
$13,006 |
|
Roads - Less than 10year RUL |
2018 |
$13,006 |
|
Roads - Less than 10year RUL |
2019 |
$13,006 |
|
Roads - Less than 10year RUL |
2020 |
$13,006 |
|
Roads - Less than 10year RUL |
2021 |
$13,006 |
|
Roads - Less than 10year RUL |
2022 |
$13,006 |
|
$130,060 |
||
Scenario 3 – Balanced with the Long Term Financial Plan
|
Category |
Year |
Renewal Cost |
|
Roads identified in LTFP |
2013 |
$6,629 |
|
Roads identified in LTFP |
2014 |
$6,837 |
|
Roads identified in LTFP |
2015 |
$7,419 |
|
Roads identified in LTFP |
2016 |
$9,444 |
|
Roads identified in LTFP |
2017 |
$7,319 |
|
Roads identified in LTFP |
2018 |
$6,488 |
|
Roads identified in LTFP |
2019 |
$6,488 |
|
Roads identified in LTFP |
2020 |
$6,624 |
|
Roads identified in LTFP |
2021 |
$8,442 |
|
Roads identified in LTFP |
2022 |
$7,912 |
|
$73,602 |
||
|
APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
|
Item No: GB.15 |
Appendix C Budgeted Expenditures Accommodated in LTFP
|
APPENDIX No: 1 - Attachment 1 - Revised Road Asset Management Plan 2013 |
|
Item No: GB.15 |
Appendix D Roads Risk Register
Communications to add in risk register here 2013/033697
Appendix E Abbreviations
|
AM |
Asset management |
|
AM Plan |
Asset management plan |
|
ARI |
Average recurrence interval |
|
ASC |
Annual service cost |
|
CRC |
Current replacement cost |
|
DA |
Depreciable amount |
|
DRC |
Depreciated replacement cost |
|
EF |
Earthworks/formation |
|
IRMP |
Infrastructure risk management plan |
|
LCC |
Life Cycle cost |
|
LCE |
Life cycle expenditure |
|
LTFP |
Long term financial plan |
|
MMS |
Maintenance management system |
|
PCI |
Pavement condition index |
|
RV |
Residual value |
|
SoA |
State of the Assets |
|
SS |
Suspended solids |
|
vph |
Vehicles per hour |
|
WDCRD |
Written down replacement cost |
Appendix F Glossary
1) Reporting actual cost
The annual (accrual) cost of providing a service including operations, maintenance, depreciation, finance/opportunity and disposal costs less revenue.
2) For investment analysis and budgeting
An estimate of the cost that would be tendered, per annum, if tenders were called for the supply of a service to a performance specification for a fixed term. The Annual Service Cost includes operations, maintenance, depreciation, finance/ opportunity and disposal costs, less revenue.
Asset
A resource controlled by an entity as a result of past events and from which future economic benefits are expected to flow to the entity. Infrastructure assets are a sub-class of property, plant and equipment which are non-current assets with a life greater than 12 months and enable services to be provided.
Asset category
Sub-group of assets within a class hierarchy for financial reporting and management purposes.
Asset class
A group of assets having a similar nature or function in the operations of an entity, and which, for purposes of disclosure, is shown as a single item without supplementary disclosure.
Asset condition assessment
The process of continuous or periodic inspection, assessment, measurement and interpretation of the resultant data to indicate the condition of a specific asset so as to determine the need for some preventative or remedial action.
Asset hierarchy
A framework for segmenting an asset base into appropriate classifications. The asset hierarchy can be based on asset function or asset type or a combination of the two.
Asset management (AM)
The combination of management, financial, economic, engineering and other practices applied to physical assets with the objective of providing the required level of service in the most cost effective manner.
Asset renewal funding ratio
The ratio of the net present value of asset renewal funding accommodated over a 10 year period in a long term financial plan relative to the net present value of projected capital renewal expenditures identified in an asset management plan for the same period [AIFMG Financial Sustainability Indicator No 8].
Average annual asset consumption (AAAC)*
The amount of an organisation’s asset base consumed during a reporting period (generally a year). This may be calculated by dividing the depreciable amount by the useful life (or total future economic benefits/service potential) and totalled for each and every asset OR by dividing the carrying amount (depreciated replacement cost) by the remaining useful life (or remaining future economic benefits/service potential) and totalled for each and every asset in an asset category or class.
Borrowings
A borrowing or loan is a contractual obligation of the borrowing entity to deliver cash or another financial asset to the lending entity over a specified period of time or at a specified point in time, to cover both the initial capital provided and the cost of the interest incurred for providing this capital. A borrowing or loan provides the means for the borrowing entity to finance outlays (typically physical assets) when it has insufficient funds of its own to do so, and for the lending entity to make a financial return, normally in the form of interest revenue, on the funding provided.
Capital expenditure
Relatively large (material) expenditure, which has benefits, expected to last for more than 12 months. Capital expenditure includes renewal, expansion and upgrade. Where capital projects involve a combination of renewal, expansion and/or upgrade expenditures, the total project cost needs to be allocated accordingly.
Capital expenditure - expansion
Expenditure that extends the capacity of an existing asset to provide benefits, at the same standard as is currently enjoyed by existing beneficiaries, to a new group of users. It is discretionary expenditure, which increases future operations and maintenance costs, because it increases the organisation’s asset base, but may be associated with additional revenue from the new user group, e.g.. extending a drainage or road network, the provision of an oval or park in a new suburb for new residents.
Capital expenditure - new
Expenditure which creates a new asset providing a new service/output that did not exist beforehand. As it increases service potential it may impact revenue and will increase future operations and maintenance expenditure.
Capital expenditure - renewal
Expenditure on an existing asset or on replacing an existing asset, which returns the service capability of the asset up to that which it had originally. It is periodically required expenditure, relatively large (material) in value compared with the value of the components or sub-components of the asset being renewed. As it reinstates existing service potential, it generally has no impact on revenue, but may reduce future operations and maintenance expenditure if completed at the optimum time, e.g.. resurfacing or resheeting a material part of a road network, replacing a material section of a drainage network with pipes of the same capacity, resurfacing an oval.
Capital expenditure - upgrade
Expenditure, which enhances an existing asset to provide a higher level of service or expenditure that will increase the life of the asset beyond that which it had originally. Upgrade expenditure is discretionary and often does not result in additional revenue unless direct user charges apply. It will increase operations and maintenance expenditure in the future because of the increase in the organisation’s asset base, e.g.. widening the sealed area of an existing road, replacing drainage pipes with pipes of a greater capacity, enlarging a grandstand at a sporting facility.
Capital funding
Funding to pay for capital expenditure.
Capital grants
Monies received generally tied to the specific projects for which they are granted, which are often upgrade and/or expansion or new investment proposals.
Capital investment expenditure
See capital expenditure definition.
Capitalisation threshold
The value of expenditure on non-current assets above which the expenditure is recognised as capital expenditure and below which the expenditure is charged as an expense in the year of acquisition.
Carrying amount
The amount at which an asset is recognised after deducting any accumulated depreciation / amortisation and accumulated impairment losses thereon.
Class of assets
See asset class definition
Component
Specific parts of an asset having independent physical or functional identity and having specific attributes such as different life expectancy, maintenance regimes, risk or criticality.
Core asset management
Asset management which relies primarily on the use of an asset register, maintenance management systems, job resource management, inventory control, condition assessment, simple risk assessment and defined levels of service, in order to establish alternative treatment options and long-term cashflow predictions. Priorities are usually established on the basis of financial return gained by carrying out the work (rather than detailed risk analysis and optimised decision- making).
Cost of an asset
The amount of cash or cash equivalents paid or the fair value of the consideration given to acquire an asset at the time of its acquisition or construction, including any costs necessary to place the asset into service. This includes one-off design and project management costs.
Critical assets
Assets for which the financial, business or service level consequences of failure are sufficiently severe to justify proactive inspection and rehabilitation. Critical assets have a lower threshold for action than noncritical assets.
Current replacement cost (CRC)
The cost the entity would incur to acquire the asset on the reporting date. The cost is measured by reference to the lowest cost at which the gross future economic benefits could be obtained in the normal course of business or the minimum it would cost, to replace the existing asset with a technologically modern equivalent new asset (not a second hand one) with the same economic benefits (gross service potential) allowing for any differences in the quantity and quality of output and in operating costs.
Deferred maintenance
The shortfall in rehabilitation work undertaken relative to that required to maintain the service potential of an asset.
Depreciable amount
The cost of an asset, or other amount substituted for its cost, less its residual value.
Depreciated replacement cost (DRC)
The current replacement cost (CRC) of an asset less, where applicable, accumulated depreciation calculated on the basis of such cost to reflect the already consumed or expired future economic benefits of the asset.
Depreciation / amortisation
The systematic allocation of the depreciable amount (service potential) of an asset over its useful life.
Economic life
See useful life definition.
Expenditure
The spending of money on goods and services. Expenditure includes recurrent and capital outlays.
Fair value
The amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties, in an arms length transaction.
Financing gap
A financing gap exists whenever an entity has insufficient capacity to finance asset renewal and other expenditure necessary to be able to appropriately maintain the range and level of services its existing asset stock was originally designed and intended to deliver. The service capability of the existing asset stock should be determined assuming no additional operating revenue, productivity improvements, or net financial liabilities above levels currently planned or projected. A current financing gap means service levels have already or are currently falling. A projected financing gap if not addressed will result in a future diminution of existing service levels.
Heritage asset
An asset with historic, artistic, scientific, technological, geographical or environmental qualities that is held and maintained principally for its contribution to knowledge and culture and this purpose is central to the objectives of the entity holding it.
Impairment Loss
The amount by which the carrying amount of an asset exceeds its recoverable amount.
Infrastructure assets
Physical assets that contribute to meeting the needs of organisations or the need for access to major economic and social facilities and services, e.g.. roads, drainage, footpaths and cycleways. These are typically large, interconnected networks or portfolios of composite assets. The components of these assets may be separately maintained, renewed or replaced individually so that the required level and standard of service from the network of assets is continuously sustained. Generally the components and hence the assets have long lives. They are fixed in place and are often have no separate market value.
Investment property
Property held to earn rentals or for capital appreciation or both, rather than for:
(a) use in the production or supply of goods or services or for administrative purposes; or
(b) sale in the ordinary course of business.
Key performance indicator
A qualitative or quantitative measure of a service or activity used to compare actual performance against a standard or other target. Performance indicators commonly relate to statutory limits, safety, responsiveness, cost, comfort, asset performance, reliability, efficiency, environmental protection and customer satisfaction.
Level of service
The defined service quality for a particular service/activity against which service performance may be measured. Service levels usually relate to quality, quantity, reliability, responsiveness, environmental impact, acceptability and cost.
Life Cycle Cost *
1. Total LCC The total cost of an asset throughout its life including planning, design, construction, acquisition, operation, maintenance, rehabilitation and disposal costs.
2. Average LCC The life cycle cost (LCC) is average cost to provide the service over the longest asset life cycle. It comprises average operations, maintenance expenditure plus asset consumption expense, represented by depreciation expense projected over 10 years. The Life Cycle Cost does not indicate the funds required to provide the service in a particular year.
Life Cycle Expenditure
The Life Cycle Expenditure (LCE) is the average operations, maintenance and capital renewal expenditure accommodated in the long term financial plan over 10 years. Life Cycle Expenditure may be compared to average Life Cycle Cost to give an initial indicator of affordability of projected service levels when considered with asset age profiles.
Loans / borrowings
See borrowings.
Maintenance
All actions necessary for retaining an asset as near as practicable to an appropriate service condition, including regular ongoing day-to-day work necessary to keep assets operating, e.g. road patching but excluding rehabilitation or renewal. It is operating expenditure required to ensure that the asset reaches its expected useful life.
• Planned maintenance
Repair work that is identified and managed through a maintenance management system (MMS). MMS activities include inspection, assessing the condition against failure/breakdown criteria/experience, prioritising scheduling, actioning the work and reporting what was done to develop a maintenance history and improve maintenance and service delivery performance.
• Reactive maintenance
Unplanned repair work that is carried out in response to service requests and management/ supervisory directions.
• Specific maintenance
Maintenance work to repair components or replace sub-components that needs to be identified as a specific maintenance item in the maintenance budget.
• Unplanned maintenance
Corrective work required in the short-term to restore an asset to working condition so it can continue to deliver the required service or to maintain its level of security and integrity.
Maintenance expenditure *
Recurrent expenditure, which is periodically or regularly required as part of the anticipated schedule of works required to ensure that the asset achieves its useful life and provides the required level of service. It is expenditure, which was anticipated in determining the asset’s useful life.
Materiality
The notion of materiality guides the margin of error acceptable, the degree of precision required and the extent of the disclosure required when preparing general purpose financial reports. Information is material if its omission, misstatement or non-disclosure has the potential, individually or collectively, to influence the economic decisions of users taken on the basis of the financial report or affect the discharge of accountability by the management or governing body of the entity.
Modern equivalent asset
Assets that replicate what is in existence with the most cost-effective asset performing the same level of service. It is the most cost efficient, currently available asset which will provide the same stream of services as the existing asset is capable of producing. It allows for technology changes and, improvements and efficiencies in production and installation techniques
Net present value (NPV)
The value to the organisation of the cash flows associated with an asset, liability, activity or event calculated using a discount rate to reflect the time value of money. It is the net amount of discounted total cash inflows after deducting the value of the discounted total cash outflows arising from e.g. the continued use and subsequent disposal of the asset after deducting the value of the discounted total cash outflows.
Non-revenue generating investments
Investments for the provision of goods and services to sustain or improve services to the community that are not expected to generate any savings or revenue to the Council, e.g.. parks and playgrounds, footpaths, roads and bridges, libraries, etc.
Operations
Regular activities to provide services such as public health, safety and amenity, e.g. street sweeping, grass mowing and street lighting.
Operating expenditure
Recurrent expenditure, which is continuously required to provide a service. In common use the term typically includes, e.g. power, fuel, staff, plant equipment, on-costs and overheads but excludes maintenance and depreciation. Maintenance and depreciation is on the other hand included in operating expenses.
Operating expense
The gross outflow of economic benefits, being cash and non cash items, during the period arising in the course of ordinary activities of an entity when those outflows result in decreases in equity, other than decreases relating to distributions to equity participants.
Operating expenses
Recurrent expenses continuously required to provide a service, including power, fuel, staff, plant equipment, maintenance, depreciation, on-costs and overheads.
Operations, maintenance and renewal financing ratio
Ratio of estimated budget to projected expenditure for operations, maintenance and renewal of assets over a defined time (e.g. 5, 10 and 15 years).
Operations, maintenance and renewal gap
Difference between budgeted expenditures in a long term financial plan (or estimated future budgets in absence of a long term financial plan) and projected expenditures for operations, maintenance and renewal of assets to achieve/maintain specified service levels, totalled over a defined time (e.g. 5, 10 and 15 years).
Pavement management system (PMS)
A systematic process for measuring and predicting the condition of road pavements and wearing surfaces over time and recommending corrective actions.
PMS Score
A measure of condition of a road segment determined from a Pavement Management System.
Rate of annual asset consumption *
The ratio of annual asset consumption relative to the depreciable amount of the assets. It measures the amount of the consumable parts of assets that are consumed in a period (depreciation) expressed as a percentage of the depreciable amount.
Rate of annual asset renewal *
The ratio of asset renewal and replacement expenditure relative to depreciable amount for a period. It measures whether assets are being replaced at the rate they are wearing out with capital renewal expenditure expressed as a percentage of depreciable amount (capital renewal expenditure/DA).
Rate of annual asset upgrade/new *
A measure of the rate at which assets are being upgraded and expanded per annum with capital upgrade/new expenditure expressed as a percentage of depreciable amount (capital upgrade/expansion expenditure/DA).
Recoverable amount
The higher of an asset's fair value, less costs to sell and its value in use.
Recurrent expenditure
Relatively small (immaterial) expenditure or that which has benefits expected to last less than 12 months. Recurrent expenditure includes operations and maintenance expenditure.
Recurrent funding
Funding to pay for recurrent expenditure.
Rehabilitation
See capital renewal expenditure definition above.
Remaining useful life
The time remaining until an asset ceases to provide the required service level or economic usefulness. Age plus remaining useful life is useful life.
Renewal
See capital renewal expenditure definition above.
Residual value
The estimated amount that an entity would currently obtain from disposal of the asset, after deducting the estimated costs of disposal, if the asset were already of the age and in the condition expected at the end of its useful life.
Revenue generating investments
Investments for the provision of goods and services to sustain or improve services to the community that are expected to generate some savings or revenue to offset operating costs, e.g. public halls and theatres, childcare centres, sporting and recreation facilities, tourist information centres, etc.
Risk management
The application of a formal process to the range of possible values relating to key factors associated with a risk in order to determine the resultant ranges of outcomes and their probability of occurrence.
Section or segment
A self-contained part or piece of an infrastructure asset.
Service potential
The total future service capacity of an asset. It is normally determined by reference to the operating capacity and economic life of an asset. A measure of service potential is used in the not-for-profit sector/public sector to value assets, particularly those not producing a cash flow.
Service potential remaining
A measure of the future economic benefits remaining in assets. It may be expressed in dollar values (Fair Value) or as a percentage of total anticipated future economic benefits. It is also a measure of the percentage of the asset’s potential to provide services that is still available for use in providing services (Depreciated Replacement Cost/Depreciable Amount).
Specific Maintenance
Replacement of higher value components/sub-components of assets that is undertaken on a regular cycle including repainting, replacement of air conditioning equipment, etc. This work generally falls below the capital/ maintenance threshold and needs to be identified in a specific maintenance budget allocation.
Strategic Longer-Term Plan
A plan covering the term of office of councillors (4 years minimum) reflecting the needs of the community for the foreseeable future. It brings together the detailed requirements in the Council’s longer-term plans such as the asset management plan and the long-term financial plan. The plan is prepared in consultation with the community and details where the Council is at that point in time, where it wants to go, how it is going to get there, mechanisms for monitoring the achievement of the outcomes and how the plan will be resourced.
Sub-component
Smaller individual parts that make up a component part.
Useful life
Either:
(a) the period over which an asset is expected to be available for use by an entity, or
(b) the number of production or similar units expected to be obtained from the asset by the entity.
It is estimated or expected time between placing the asset into service and removing it from service, or the estimated period of time over which the future economic benefits embodied in a depreciable asset, are expected to be consumed by the Council.
Value in Use
The present value of future cash flows expected to be derived from an asset or cash generating unit. It is deemed to be depreciated replacement cost (DRC) for those assets whose future economic benefits are not primarily dependent on the asset's ability to generate net cash inflows, where the entity would, if deprived of the asset, replace its remaining future economic benefits.
Source: IPWEA, 2009, AIFMG Glossary
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APPENDIX No: 2 - Attachment 2 - Report from Micromex - Infrastructure Levy continuation survey - February 2013 |
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Item No: GB.15 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.16 / 534 |
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Item GB.16 |
S09530 |
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30 January 2013 |
Woodford Lane, Lindfield - Commuter car park
EXECUTIVE SUMMARY
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purpose of report: |
To seek the approval of Council to enter into a Project Delivery Agreement with Transport for NSW (TfNSW) for the Woodford Lane , Lindfield Commuter Car Parking Project.
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background: |
On 29 May 2012, the NSW Government announced it will build nine new commuter car parks, providing more than 1,200 additional car spaces at train stations across the CityRail network. The announcement outlined the proposal for Lindfield which will include a car park with 240 additional spaces and a new kiss-and-ride zone. The works are estimated to by TfNSW to cost $34 million. |
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comments:
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Council staff met with representatives of TfNSW from the Transport Projects Division on 6 June 2012. At the meeting, Council was briefed by TfNSW on the broad scope and nature of the project. Following this meeting on 15 June 2012, TfNSW issued a Lindfield Commuter Car Parking -Discussion Draft Heads of Agreement (HoA) which sets out the proposed parameters and agreements for the project. The HoA has been held in abeyance by Council until gazettal of the Local Centres LEP. A review of the HoA has been undertaken. This report recommends amendments to protect Council’s interests and ensure that the long term vision for the site is supported. |
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recommendation: |
That Council authorise the General Manager and/or his delegate to negotiate the development of a Heads of Agreement for the Lindfield Commuter Car Parking Project and that Council authorise the General Manager to execute the legal document, to affix the Council Seal and to execute all necessary documentation, resulting from the development of the final Heads of Agreement.
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Purpose of Report
To seek the approval of Council to enter into a Project Delivery Agreement with Transport for NSW (TfNSW) for the Woodford Lane, Lindfield Commuter Car Parking Project.
Background
On 29 May 2012, the NSW Government announced it will build nine new commuter car parks at train stations across the CityRail network, providing more than 1,200 additional car spaces. These new commuter car parks - some with new interchanges - will be built at Granville, Canley Vale, Gordon, Sutherland, Lindfield, Kiama, Moss Vale, Oak Flats and Padstow.
The announcement outlined a proposal for Lindfield which will include a car park with 240 additional spaces and a new kiss-and-ride zone. The works are estimated by TfNSW to cost $34 million.
TfNSW has now started work on the design and planning approval process for each of these projects. TfNSW note that the level of investment required, and the size of the project, may change as detailed work is undertaken.
Council staff met with representatives of Transport for NSW from the Transport Projects Division (TfNSW) on 6 June 2012. At the meeting Council was briefed by TfNSW on the broad scope and nature of the project. Following this meeting, on 15 June 2012, TfNSW issued the Lindfield Commuter Car Parking -Discussion Draft Heads of Agreement (Draft HoA) which sets out the proposed parameters and general terms for the project.
On 26 June 2012, Council resolved that a Planning Proposal be prepared, to reclassify Woodford Lane Car Park from Community Land to Operational Land via an amendment to the then draft Ku‑ring‑gai Local Centres LEP (2012). That Planning Proposal received a Gateway Determination in January 2013, and is now on agency consultation. The formal exhibition process is expected to commence shortly.
TfNSW has requested Council commence negotiations to prepare a legally binding agreement that will see the project through to fruition. The appropriate document for this is a Heads of Agreement (HoA). Whilst the HoA itself is not legally binding; it sets out the agreed terms and conditions of the primary documents to be entered into to ensure that the parties have a common understanding before formally documenting the project.
The HoA has been held in abeyance by Council until gazettal of the Local Centres LEP. A review of the HoA has been undertaken. This report recommends amendments to protect Council’s interests and to ensure that the long term vision for the site is supported.
The Discussion Draft Heads of Agreement Lindfield Commuter Car Parking issued by TfNSW is set out below:
Parties
Transport for NSW represented by Transport Projects Division (TfNSW)
Ku-ring-gai City Council (KCC)
Recitals
· KCC owns the existing open lot car park at Woodford Lane Lindfield (the site) which includes timed and untimed car parking;
· KCC intends to facilitate a major redevelopment of the site including adjoining lands in the medium term;
· KCC is prepared to include commuter car parking for Lindfield Station in its redevelopment plan;
· KCC has three goals for the land;
· Expand the site by acquisition of land in Bent Street as per its Local Centres Plan;
· Facilitate future development of its car parking lands for reserve, community and car parking purposes;
· Create a new civic focal point west of Pacific Highway;
· TfNSW intends to provide additional new commuter car parking at Lindfield;
· TfNSW has identified the opportunity to provide additional commuter car parking spaces within a multi-level structure on the KCC site;
· TfNSW has discussed its proposals with KCC and the parties have agreed to explore approaches to meet their objectives.
The Parties agree with regard to Lindfield
· TfNSW will work co-operatively with KCC to agree concept proposals for the design of a facility at the site which includes new commuter car parking and addresses KCC’s objectives;
· The concept will address KCC’s objectives as illustrated in the concept plan attached;
· The concept to be considered would include both timed and commuter car parking;
· Local roads may be considered for closure if the design of the facility proves this to be practical;
· The concept needs to provide for a practical staging plan which would allow the car parking elements to be constructed in the initial stage;
· Land acquisition from residential landowners of sites required for a scheme would be undertaken by KCC;
· TfNSW will assist with any agreed road closure acquisitions;
· Appropriate pedestrian links to Lindfield station would part of any proposal;
· KCC will provide a form of tenure to allow construction access and permanent occupation of commuter car parking spaces;
· The parties agree that tenure for both construction purposes and for permanent occupation of commuter car parking spaces would be at nominal ($1pa) rent.
General Agreements
· TfNSW will be responsible for the initial concept design work;
· The parties will co-operate to facilitate the development consent and Principal Contractor aspects of the proposed project;
· TfNSW will be responsible for detailed design of the facilities it requires other than timed car parking spaces;
· TfNSW would construct and meet the establishment/construction cost of commuter car parking and timed car parking works;
· The parties will confer to agree the best configuration of any timed car parking areas in the project;
· KCC would own, maintain and manage the facilities to be developed;
· TfNSW would manage the commuter car parking facilities to be developed;
· A formal development agreement modelled on these heads of agreement would be drafted by TfNSW for execution by the parties.
All references to “KCC” (Ku-ring-gai City Council) are to be amended to “KC“ (Ku-ring-gai Council).
Ku-ring-gai Council has advised TfNSW that any plan would need to be able to be staged over time, as this would assist Council in delivering its broader planning objectives for the area.
Comments
Since 2006 Council’s long term vision for the Lindfield site has been to create a community hub consisting of a range of community uses and facilities. These are further discussed in the report below.
Given the recent announcement by TfNSW indicating their intention to construct a new commuter car park on Council’s land on Woodford Lane, Council needs to be proactive to ensure that the design of the car parking structure, proposed by TfNSW, will be compatible with the planning for the area and will allow Council to undertake staged implementation of works over time, as funding becomes available.
Council staff have been working with TfNSW to ensure that Council’s current adopted policies and programs are recognised and taken into consideration by TfNSW.
Woodford Lane Precinct
Context
The precinct is located in the area bounded by Woodford Lane, Bent Street and Beaconsfield Parade on the western side of Lindfield Local Centre. The south-western boundary of the site is defined by medium and low density residential properties.
Part of the precinct, which is owned by Ku-ring-gai Council, is utilised for short and long stay public car parking and public roads. The remainder of the site is currently privately owned land and has been identified for acquisition by Council for a new road and new public park. The approximate area, including both public and private lands is 13,400sqm. The precinct is bisected by Drovers Way which is a public road.
Planning Context
On Friday 25 January 2013 Ku-ring-gai (Local Centres) LEP 2012 (KLEP 2012) was gazetted by the Minister for Planning and Infrastructure. The site is zoned a combination of B2 – Local Centre, SP2 – Local Road and RE1 – Public Recreation. Building heights within the B2 zone are maximum 11.5 metres (3 storeys).
In addition to the new LEP, Council over the past years has adopted number important place-specific policy documents for the six main commercial centres within Ku-ring-gai. Together, these documents aim to promote and guide the ongoing revitalisation of the centres so they become the focus of community life for residents and visitors.
Council’s vision for the site is well-documented in a number of policy documents that apply to the Woodford Lane precinct including:
a) Draft Ku-ring-gai Local Centres DCP
The KDCP is being finalised and is, at the time of writing this report, due for consideration at the OMC of 26 February 2013. It is anticipated to be placed on public exhibition in March and/or April 2013.
This document sets out built form objectives and controls for the site including building setbacks, active frontage requirements, pedestrian access and vehicle access and the like.
b) Ku-ring-gai Town Centres Public Domain Plan 2010
The Ku-ring-gai Town Centres Public Domain Plan (TCPDP) was developed to guide the design of streets and public spaces within and around the centres. It was adopted by Council on 23 November 2010. The plan provides specific strategies for the site in relation to:
· street character
· public spaces
· tree canopy
· culture and community
· pedestrian access and circulation
· integrated transport
· vehicle access and circulation
· views and view corridors
The TCPDP also provides concept plans and sections related to the proposed parkland and road improvements for this precinct which is further discussed below.
c) Ku-ring-gai Contributions Plan 2010
Ku-ring-gai Contributions Plan 2010 (KCP2010) came into effect on 19 December 2010 and applies to all Development Applications determined after that date.
This contributions plan applies to all development in Ku-ring-gai that gives rise to a net additional demand for infrastructure identified in the contributions plan. This includes all forms of residential and commercial development (both retail and all business floor space). Some individual types of contribution relate only to intensive redevelopment areas in specified centres identified within catchment maps in the plan.
The plan takes a consolidated approach to providing infrastructure as a result of new development, by authorising proportional contributions from new development towards the provision of infrastructure for that development. The plan also identifies situations where Council must provide a contribution on behalf of the existing population where new infrastructure will meet demand arising from the community as a whole (known as apportionment).
Ku-ring-gai Contributions Plan 2010 (KCP2010) provides funding for the elements proposed in the TCPDP that are to be provided by Council on and around this site over the next 25 years. The works include:
· road and traffic improvements
· transport improvements such as a new kiss-and-ride area
· streetscape improvements
· new community buildings; and
· a new civic park.
e) Ku-ring-gai Town Centres Parking Management Plan
The Ku-ring-gai Town Centres Parking Management Plan (KPMP) considers parking strategies in each of the six town centres, focusing on:
· land use
· short and long term parking; and
· parking for other modes of transport.
Consideration is also given to managing the potential redevelopment of Council car parks to minimise the impact from temporary loss of parking.
f) Lindfield Town Centre Traffic Improvement Concept Plan 2011
The plan was the result of a traffic study undertaken by ARUP consultants in 2008. The plan proposes a new local road connection between Beaconsfield Parade and Bent Street in Lindfield to improve local traffic circulation and access to the commercial areas on the western side of Lindfield.
g) Ku-ring-gai Integrated Transport Strategy, 2012
The Ku-ring-gai Integrated Transport Strategy (ITS) acknowledges that infrastructure actions towards improving the public transport system itself in Ku-ring-gai are largely out of Council’s control. Infrastructure such as bus interchanges and commuter car parking are a critical component of Sydney’s public transport network but Ku‑ring‑gai travel data suggests that relatively few bus-train or train-bus trips occur in Ku‑ring‑gai. One contributing factor is the poor quality of interchanges and lack of designated commuter parking.
A specific action in the ITS recommends that Council provide additional commuter car parking at Ku-ring-gai rail stations as follows:
“Council should work with CityRail to increase the supply of commuter parking Ku-ring-gai’s rail stations. ‘Kiss and ride’ facilities should also be improved by increasing the available kerb space at existing locations and adding new locations to ensure facilities are provided on both sides of the railway line”.
Lindfield Community Hub
As discussed above the Lindfield Community Hub is a concept that has been planned for many years, the current proposal from TfNSW represents an opportunity for Council to bring the detailed planning for this facility forward many years.
As noted it is important that Council’s vision for the community hub is recognised and protected. To this end Council staff have been advising TfNSW of Council’s current adopted policies and programs so they are recognised and taken into consideration by TfNSW. The preferred way to achieve this outcome is for Council to formally include within the draft Heads of Agreement a requirement for TfNSW to prepare a precinct master plan for the area in partnership with Council. The TfNSW will be responsible for the commuter car park component and ensure it takes into account Council’s adopted vision, whilst at the same time Council will also recognise and ensure its proposals are consistent with the TfNSW commuter car park proposal.
The key components of a Lindfield Community Hub Master Plan would include the following:
a) New local park
The properties at 2-10 Bent Street, Lindfield are zoned RE1 – Public Recreation under the KLEP 2012 and Ku-ring-gai Council is the acquisition authority. The proposed park will have an area of about 2,600sqm and will have three street frontages.
The Ku-ring-gai Town Centres Public Domain Plan 2010 (KTCPDP) for Woodford Lane, Part 2E.4.10, outlines the planning principles for the park:
· the park will comprise open grass areas, pathways and canopy trees. The park will be designed for residents, employees and visitors. Incorporate canopy-shaded outdoor seating and ‘spill out’ areas from the cafes. Potential for children’s playground and public art;
· the park will take advantage of westerly outlook from proposed new park on Drovers Way;
· create a new town park adjacent to the proposed community building on the western edge of Lindfield Centre;
· create a series of terraced spaces utilising the existing topography to cater for a range of uses;
· ensure equal access to all parts of the park;
· orient the park for maximum solar access to lawn and seating areas;
· provide a children’s playground; and
· bicycle facilities.
b) New community facilities
In 2008/2009, Council undertook a Community Facilities Strategy for the LGA and as a result planning for this site has incorporated the following community facilities:
· multi-purpose community space of 1,800sqm potentially incorporating multiple users such as Seniors Centre and the like; and
· public amenities.
A master plan undertaken in response to the current context, could also consider the potential for a Lindfield Branch Library to be co-located with these facilities with a size of about 1,200sqm, rather than as currently planned on eastern side of Lindfield in the vicinity of Kochia Lane.
b) Commercial uses
A high quality urban design outcome is sought on the interface between the proposed commuter car park and the proposed park and streets. In addition to community uses, commercial uses are appropriate in the area to provide active street frontages during the day and evening. Commercial uses could include small retail outlets, cafés and restaurants and other leisure / recreational orientated uses, for example a gymnasium.
c) Public car parking
In addition to TfNSW requirements for the provision of 240 car park spaces for commuters, all existing Council car spaces are to be replaced as either on-street spaces or within the parking structure. Council currently has 70 short stay spaces and 40 long stay spaces. Details of usage can be found in the KPMP.
Planning for the site should ensure that the new parking structure is:
· basement or semi-underground where possible;
· has an active interface with the community facilities and new park;
· designed to minimise the impact of the car park on the adjoining residential areas.
There may also be the opportunity to provide a portion of new commuter car parking underground on the east side of Lindfield, in any redevelopment of the Tryon Road/Kochia lane Council car park.
d) New public street
Drovers Way is proposed to be realigned to run along the southern boundary of the site. The new road will connect Beaconsfield Parade with Bent Street and will improve local access and circulation in the area. Part of this project involves the acquisition of 12 Bent Street, Lindfield which is zoned SP-2 Local Road under the KLEP 2012, where Council is the acquisition authority.
A formal road closure process will need to be undertaken for the existing Drovers Way and when complete the former road would be available to be incorporated into a single lot.
Ku-ring-gai Town Centres PDP 2010 Part 2E.4.5 provides details of the road design, in summary:
· 12m overall width including two way traffic with on street parking;
· footpaths on both sides with street tree planting.
e) Improvements to Woodford Lane
Woodford Lane is proposed to be modified to improve local access and parking, and pedestrian amenity and safety. The proposal should include:
· Minimum 13m overall width including two way traffic with on street parking;
· Footpaths on both sides with street tree planting;
· The southern end of the Woodford lane on street parking is to be a designated ‘Kiss and Ride’ zone.
The TCPDP provides details in part 2E.4.6
f) Other
A key aspect within these strategies relates to the provision of a new pedestrian arcade through the shops connecting Woodford Lane with the Pacific Highway near the existing pedestrian crossing. This strategy and others are outlined in the Town Centres Strategies, part 2E.2, and the Lindfield Implementation Strategies, part 2E.3, in the Ku-ring-gai Town Centres PDP.
Summary Amendments
Overall the draft HoA is considered an acceptable basis upon which to commence negotiations. Based on the above discussion the following amendments are recommended:
· To include within the Heads of Agreement a requirement for TfNSW to prepare a precinct master plan for the site in partnership with Council and to allow for the staged provision for the following works:
- a new public park with a minimum area of 2,600sqm;
- new community buildings with up to 3,000sqm of floor space;
- replacement of council’s existing car parking with the equivalent number of new spaces;
- a new public street;
- improvements to Woodford Lane;
- commercial floor space; and
- improved pedestrian connections to the Pacific Highway and rail station.
· That the HoA be amended to ensure consistency with the objectives, controls, strategies and proposals within Council’s policy documents including:
- Draft Ku-ring-gai Local Centres DCP 2013 (under preparation);
- Ku-ring-gai Town Centres Public Domain Plan 2010;
- Ku-ring-gai Contributions Plan 2010;
- Ku-ring-gai Town Centres Parking Management Plan;
- Lindfield Town Centre Traffic Improvement Concept Plan 2011;
- Ku-ring-gai Integrated Transport Strategy, 2012.
GOVERNANCE MATTERS
From the governance point of view, the Draft HoA, with further development and the proposed amendments noted above, is considered an acceptable basis on which to move forward.
Risk Management
The risk to Council of adopting the Draft HoA for the purposes of drafting a formal development agreement is minimal as it will not be legally binding document.
In terms of financial considerations, the Draft HoA, with further development and the proposed amendments noted above, is considered an acceptable basis on which to move forward.
Financial Considerations
The design and construction of the commuter car park is proposed to be funded by TfNSW, as stated in the Draft HoA.
However the responsibility for the funding and construction of the other ancillary elements will need to be negotiated.
The draft HoA implies there may be some ongoing financial obligations to Council once the project is constructed; these include management of any roads created on the site and any tenure for permanent occupation of commuter car parking spaces.
In relation to roads, Council requires more detail around the design and construction of the proposed car park to understand the extent of the ongoing maintenance obligations resultant from the dedication of any new public roads. It is recommended that further information is sought from TfNSW to enable discussion and future negotiation around this issue.
In regard to ownership of assets once construction is complete, further discussions with representatives from TfNSW is required to clarify the intent of the statements in this regard.
Relationship to Ku-ring-gai Contributions Plan 2010
Ku-ring-gai Contributions Plan 2010 is a funding strategy supporting a range of strategic planning documents covering this site. As part of a generic levy for open space acquisition in Ku-ring-gai, it provides contributions towards the acquisition and embellishment of new open space including the properties at 2-10 Bent Street which have been zoned RE1. The contributions plan also identifies the funding of a new road linking Bent Street and Beaconsfield Parade. It provides for the widening of Woodford Lane and other townscape improvements. The contributions plan also identifies the subject site as the preferred location for a multi-purpose community space of approximately 1,800sqm.
Ku-ring-gai Contributions Plan 2010 has been in effect for a relatively short time notwithstanding that it utilises and builds on the contributions planning in the past from the start of the current development phase in 2004. It also looks forward to the end of the present development phase as a whole, estimated to occur around 2031. While a not insignificant proportion of development has been ‘front-loaded’ arising from a pent-up demand in the past, there are still some 18 years left to run of the present development phase and development will occur along this timeline influenced by the external drivers of consumer demand, building costs and economic cycles. Accordingly, cash-flow is a consideration and most especially so in the case of the community facility. In respect of this item, it is important to note that as this would benefit the existing community as well as residents of new development, this work requires the most significant co-contribution from Council, to be funded from asset sales, in addition to income from contributions.
Therefore, it would be most practical for the agreement with TfNSW to build in the capacity for a staged delivery as elements of the vision for the site.
Social Considerations
Council’s Community Strategic Plan 2030 (CSP) identifies the community's main priorities and aspirations for the future and to plan strategies for achieving these goals. There are a number of objectives identified in the CSP which align to this proposal. They are;
· Our assets are managed effectively to meet community needs and standards within our available resources;
· Ku-ring-gai is a place with infrastructure and facilities that accommodate the needs of the community;
· Leadership role taken implementing sustainable design and systems through demonstration projects;
· Long term planning and funding strategy established for the delivery of high quality infrastructure that meets the needs of the community.
The main social considerations include inconvenience to local users including local shops owners and businesses, residents, workers and commuters during construction.
Reference in the HoA should also be made to Councils adopted parking management plan to prepare for managing the potential redevelopment of Council car park to minimise the impact from temporary loss of parking.
In terms of social considerations the Draft HoA, with further development and the proposed amendments noted above, is considered an acceptable basis on which to move forward.
Environmental Considerations
AD Envirotech Australia Pty Ltd (engaged by TfNSW) have recently completed a Phase I preliminary site environmental assessment for the Woodford Lane carpark.
This initial review finds:
Based on the data and evidence collected in the course of the site inspection and site history review, the findings of the Phase I PSI are as follows:
· The site has been predominantly used as a car park since the 1950s and 1960s. Prior to which residential housing and commercial buildings occupied the site.
· The site appeared clean and well maintained at the time of inspection, however building material was observed to be imbedded in the surface of the vegetation strips along the eastern boundary of the site.
· No intrusive works were undertaken to assess the subsurface environment, however fill materials are likely due to previous occupation of residential and commercial buildings on the site.
· The potential contamination types that were identified for the site include: Asbestos Containing Materials, Heavy metals, PAHs, TPHs, OCPs and OPPs
· A Phase II Detailed Site Contamination Investigation is warranted.
· Should the Phase II DSI reveal the site is not contaminated, the site can be deemed suitable for the proposed development.
From an environmental point of view it is important these findings are addressed in the planning and implementation phases of the project.
Community Consultation
There is a high level of public interest in the site and in the future of Lindfield generally, as evidenced by the recent Support Lindfield – Community Hub Ideas Workshop which was held on Thursday 29 November 2012.
Some of the emerging key community issues in addition to those already addressed in Council’s policies and plans are the preference for an underground, or partly underground, car park structure on the site and the need for improved pedestrian access from the site to the station.
Community consultation for this project will be undertaken jointly by both Council and Transport for NSW (TfNSW). A consultation strategy will be developed to cover both the commuter car parking and the overall planning for the precinct. A draft consultation program will be prepared (in conjunction with TfNSW) and will be reported back to Council for finalisation.
Internal Consultation
Consultation with other departments of Council has been conducted, where relevant, in the preparation of this report. If adopted there will be further internal consultation across departments.
Summary
On 29 May 2012, the NSW Government announced it will build nine new commuter car parks, providing more than 1,200 additional car spaces at train stations across the CityRail network. The announcement outlined the proposal for Lindfield which will include a car park with 240 additional spaces as well as a new ‘Kiss and Ride’ zone. The works are estimated to cost $34 million.
Council staff met with representatives of Transport for NSW from the Transport Projects Division (TfNSW) on 6 June 2012. At the meeting Council was briefed by TfNSW on the broad scope and nature of the project. Following this meeting, on 15 June 2012, TfNSW issued the Lindfield Commuter Car Parking -Discussion Draft Heads of Agreement (Draft HoA). TfNSW has requested Council commence negotiations to prepare a legally binding agreement that will see the project through to fruition.
Given the recent announcement by TfNSW indicating their intention to construct a new commuter car park on Council’s land in Woodford Lane, Ku-ring-gai Council needs to be proactive to ensure that the design of the car parking structure, proposed by TfNSW, will be compatible with Council’s planning for the precinct and will allow Council to undertake staged implementation of works over time, as funding becomes available.
Council’s vision for the site is well documented in a number of policy documents that apply to this precinct and the proposed commuter car park site. Together, these documents aim to promote and guide the ongoing revitalisation of the Lindfield local centre so they become the focus of community life for residents and visitors.
The preferred way to achieve this outcome is for Council to include within the Heads of Agreement a requirement for TfNSW to prepare a precinct master plan in partnership with Council. The master plan could, once adopted by Council, form the basis of a Delivery Agreement or Memorandum of Understanding between TfNSW and Ku-ring-gai Council.
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A. That Transport for NSW be invited to conduct a site meeting and briefing for Councillors on the Lindfield Commuter Car Parking Project. B. That Council authorises the General Manager and/or his delegate to negotiate the development of a Heads of Agreement for the Lindfield Commuter Car Parking Project, to ensure the issues discussed in the officer’s report are incorporated into a formal development agreement to protect Council’s interests. C. Within the Heads of Agreement there is a requirement for TfNSW to prepare a precinct master plan for the site in partnership with Council. The master plan once adopted by Council will form the basis of a Delivery Agreement or Memorandum of Understanding between TfNSW and Ku-ring-gai Council. D. That Council authorise the Mayor and the General Manager to affix the Council Seal and to execute all necessary documentation arising from the development of the final Lindfield Commuter Car Parking - Heads of Agreement.
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Bill Royal Team Leader Urban Design |
Antony Fabbro Manager Urban & Heritage Planning |
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Deborah Silva Manager Integrated Planning, Property & Assets |
Andrew Watson Director Strategy & Environment |
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Ordinary Meeting of Council - 26 February 2013 |
GB.17 / 548 |
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Item GB.17 |
S06785/3 |
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6 February 2013 |
Update to Contributions Plan Catchment Mapping to reflect Ku-ring-gai Local Environmental Plan (Local Centres) 2012
EXECUTIVE SUMMARY
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purpose of report: |
It is important that all Ku-ring-gai’s key planning documents operate on the same maps and catchment areas. The gazettal of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 triggers the need for minor adjustments to the catchment mapping boundaries of Ku-ring-gai Contributions Plan 2010 to ensure consistency.
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background: |
Ku-ring-gai Contributions Plan 2010 was prepared reflecting then current Environmental Planning Instruments: Ku-ring-gai Local Environmental Plan 194 (amending the Ku-ring-gai Planning Scheme Ordinance) and Ku-ring-gai Local Environmental Plan (Town Centres) 2010. Ku-ring-gai Local Environmental Plan (Local Centres) 2012 has now been gazetted. |
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comments: |
While the fundamentals behind the Local Environmental Plans and Ku-ring-gai Contributions Plan 2010 have not changed, in that they both provide for centre-based development through to 2031, the zonings of some individual properties making up this total development potential have changed. For equity and consistency, the Contributions Plan catchment maps must be updated to reflect this reality. |
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recommendation: |
That the amended catchment maps for Ku-ring-gai Contributions Plan 2010 be placed on public exhibition for a minimum period of 28 days.
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Purpose of Report
It is important that all Ku-ring-gai’s key planning documents operate on the same maps and catchment areas. The gazettal of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 triggers the need for minor adjustments to the catchment mapping boundaries of Ku-ring-gai Contributions Plan 2010 to ensure consistency.
Background
Ku-ring-gai Contributions Plan 2010 was prepared reflecting then current Environmental Planning Instruments: Ku-ring-gai Local Environmental Plan 194 (amending the Ku-ring-gai Planning Scheme Ordinance 1971) and Ku-ring-gai Local Environmental Plan (Town Centres) 2010.
Recently, Ku-ring-gai Local Environmental Plan (Local Centres) 2012 was gazetted. Also coming into effect is Ku-ring-gai Local Environmental Plan 219 which covers the Pymble Business Park.
Comments
While the fundamentals behind the centre-based Local Environmental Plans and Ku-ring-gai Contributions Plan 2010 have not changed, in that they both provide for centre-based development through to 2031, the zonings of some individual properties making up this total collective development potential have changed especially around the periphery of the centres. For equity and consistency, the contributions plan catchment maps must be updated to reflect all the current, in effect, local environmental plans.
Ku-ring-gai Contributions Plan 2010 covers the whole of the local government area of Ku-ring-gai. Within this coverage, it includes catchments identifying particular areas where additional infrastructure demands are justified by the intensity of concentrated development. The local centres along the Pacific Highway and St Ives, including areas zoned 2(d3) for higher density development under Ku-ring-gai Local Environmental Plan 194, give rise to additional location-specific infrastructure needs when compared to lower density areas.
Just as higher density zonings also appear in Ku-ring-gai Local Environmental Plan 194, lower density zonings also appear in Ku-ring-gai Local Environmental Plan (Local Centres) 2012. For example, areas zoned for lower housing density such as R2 and the Environmental Living zones such as E2 and E4 under Ku-ring-gai Local Environmental Plan (Local Centres) 2012, also have limited development potential and need to be considered in the same manner as comparable sites under the older planning regime.
Currently, Ku-ring-gai Contributions Plan 2010 features eight catchments maps as Figures 1.1 to 1.8 on pages 16 to 23. Figure 1.1 is the Ku-ring-gai LGA divided into north and south along geographic lines. There is no change required or proposed to this map.
The seven maps at Figures 1.2 – 1.8 of the contributions plan outline the centre catchments (see attachments A1 to A7). As their keys indicate, they include all 2(d3) zoned land plus the higher density zones both business and residential in the centres and in Pymble Business Park - but excluding R2, E2 and E4 zones which do not have the higher density development potential of R3, R4 and business zones.
For the majority of properties in the local centres, the proposed map updates will have no effect. It is chiefly a few properties on the periphery of some of the centres that have been either down-zoned or up-zoned from previous planning regimes. The change in effect for these properties, does, however, trigger the need for formal exhibition.
The effect for properties that have been up-zoned will be to ensure that, at the time of any development, that development will make a fair contribution to providing the infrastructure required by the future population and will remove any unfair advantage for that development compared to other similar but contributing developments. Apart from the inequity involved, the effect of not seeking full contributions from all eligible properties will be to generate financial short-falls for Council in delivering the infrastructure published in the works programme to the Contributions Plan.
Conversely, the amendments will also remove the potential for properties which now have limited development potential, to be unreasonably charged the higher contributions of development which do generate intensive population growth. Inevitably, were this situation to persist, there would be an increased risk of court appeals against these consent conditions. Ku-ring-gai Council is required by law to apply the Contributions Plan as it stands. As such, Council is not at liberty to arbitrarily either increase or even reduce the contribution rates of such properties in accordance with their actual zoning prior to the formal amendment of the catchment mapping.
Governance Matters
It is good governance to ensure consistency between all planning documents dealing with individual properties. The proposed changes are to be placed on public exhibition and will be reported back to Council.
Risk Management
Contributions Plans must be reasonable and defensible. It would be unreasonable to allow a mapping anomaly to persist after the formal gazettal of a new Local Environmental Plan without taking formal steps to bring these planning documents into consistency. The potential for increased appeals against consent conditions for properties affected by zoning changes between the planning regimes is genuine notwithstanding the relatively small total number involved.
Financial Considerations
Any inability to accurately apply correct catchment-based contributions to all development that is part of the higher density development of the local centres will give rise to a financial shortfall which will impact on the future delivery of the works programme attached to the adopted Contributions Plan.
Social Considerations
Ku-ring-gai Contributions Plan 2010 provides essential funding for community facilities and infrastructure required to support development in Ku-ring-gai. Some areas are experiencing greater intensity of redevelopment than the rest of the LGA and are subject to higher contributions rates to provide the additional supporting infrastructure. Council cannot further subsidise a works programme of this scale to a greater extent than it is required to do so where facilities (such as community facilities) meet the needs of existing residents as well as new development. All contributing development must pay its fair share in order to deliver this infrastructure. It is emphasised that Ku-ring-gai adheres strictly to the rules of apportionment. Delivery of key infrastructure such as new parks is very much underway.
Environmental Considerations
There is no direct environmental impact from these proposed changes to the currently adopted Contributions Plan.
Community Consultation
This report recommends that the amended catchment maps be placed on formal exhibition for a minimum of 28 days as required by the Environmental Planning and Assessment Act 1979 and regulations thereunder.
Internal Consultation
Development and Regulation Department has been advised that this change is pending as a direct consequence of the gazettal of Ku-ring-gai Local Environmental Plan (Local Centres) 2012.
Summary
This report seeks Council’s concurrence to the exhibition of revised catchment maps for the adopted Ku-ring-gai Contributions Plan 2010 which will address minor mapping anomalies between the currently in force Local Environmental Plans and former plans that were in effect at the time of its adoption.
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A. That the amended catchment maps for Ku-ring-gai Contributions Plan 2010 be placed on public exhibition for a minimum period of 28 days.
B. That a report be brought back to Council at the conclusion of the exhibition period.
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Kate Paterson Infrastructure Co-ordinator |
Antony Fabbro Manager Urban & Heritage Planning |
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Andrew Watson Director Strategy & Environment |
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A1View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.2: Pacific Highway Roseville |
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2013/033586 |
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A2View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.3 Pacific Highway: Lindfield - Killara |
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2013/033587 |
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A3View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.4 Pacific Highway: Gordon - Killara |
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2013/033581 |
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A4View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.5 Pacific Highway: Pymble and Pymble Business Park |
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2013/033609 |
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A5View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.6 Pacific Highway: Turramurra - Warrawee |
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2013/033583 |
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A6View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.7 Pacific Highway: Wahroonga |
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2013/033608 |
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A7View |
Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.8 Mona Vale Road: St Ives |
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2013/033582 |
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APPENDIX No: 1 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.2: Pacific Highway Roseville |
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Item No: GB.17 |
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APPENDIX No: 2 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.3 Pacific Highway: Lindfield - Killara |
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Item No: GB.17 |
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APPENDIX No: 3 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.4 Pacific Highway: Gordon - Killara |
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Item No: GB.17 |
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APPENDIX No: 4 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.5 Pacific Highway: Pymble and Pymble Business Park |
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Item No: GB.17 |
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APPENDIX No: 5 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.6 Pacific Highway: Turramurra - Warrawee |
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Item No: GB.17 |
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APPENDIX No: 6 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.7 Pacific Highway: Wahroonga |
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Item No: GB.17 |
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APPENDIX No: 7 - Ku-ring-gai Contributions Plan 2010 - Catchment Map - Figure 1.8 Mona Vale Road: St Ives |
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Item No: GB.17 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.18 / 560 |
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Item GB.18 |
S02137 |
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8 February 2013 |
Proposal By Hornsby Shire Council for local Government Boundary Adjustment
EXECUTIVE SUMMARY
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purpose of report: |
To advise Council of a request from Hornsby Shire Council to enter into discussions regarding a boundary adjustment around Waratah Way and Mount Pleasant Avenue in Normanhurst, located within the Ku-ring-gai local government area.
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background: |
Correspondence has been received from Hornsby Shire Council seeking Council’s views about entering into discussions on the potential for local government boundary reform around Waratah Way and Mt Pleasant Avenue in Normanhurst. |
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comments: |
The letter from Hornsby Shire Council does not identify the extent or justifications for the boundary adjustment. As the Independent Local Government Review Panel is expected to make recommendations to the Minister for Local Government in July 2013 regarding different structural models for local government, it would seem premature to invest any significant time and resources in developing a boundary alteration proposal in at this time. |
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recommendation: |
That Council notes the request from Hornsby Shire Council to enter into discussions regarding a boundary adjustment and that the General Manager write to Hornsby Shire Council to advise that Council does not wish to enter into discussions on boundary adjustments at this stage
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Purpose of Report
To advise Council of a request from Hornsby Shire Council to enter into discussions regarding a boundary adjustment around Waratah Way and Mount Pleasant Avenue in Normanhurst, located within the Ku-ring-gai local government area.
Background
Correspondence has been received from Hornsby Shire Council seeking Council’s views about entering into discussions on the potential for local government boundary reform around Waratah Way and Mount Pleasant Avenue in Normanhurst. This area is located within the Ku-ring-gai local government area. A copy of the letter is included as Attachment1.
Comments
The letter and attached Council report from Hornsby Shire Council does not identify the precise extent of the boundary adjustment under consideration nor does it specify any justification of the rationale for the boundary adjustment. The letter merely seeks to enter into proactive discussions about the potential for boundary reform in the area.
It is assumed the area under consideration is that land accessed from Mt Pleasant Avenue, Normanhurst (north of Coups Creek). All land in this precinct is under the ownership of the Australasian Conference Association Limited (Seventh Day Adventist Church). The only exception is a 1,560sqm public reserve owned by Ku-ring-gai Council.
Current land uses in the precinct include detached housing, the Elizabeth Lodge Seventh Day Adventist Retirement Village and bushland. The land forms part of the “Wahroonga Estate” that is subject to a Concept Approval under the former Part 3A of the Environmental Planning and Assessment Act1979 (EP&A Act) for the redevelopment of the Sydney Adventist Hospital and surrounding areas. In association with the Concept Approval, the land was identified as a “State Significant site” under Schedule 3 of State Environmental Planning Policy (Major Development) 2005 (MDSEPP). The MDSEPP has recently been amended to transfer the planning provisions for the Wahroonga Estate into the Ku-ring-gai Planning Scheme Ordinance (KPSO).
As noted in the report from Hornsby Shire Council, the Minister for Local Government released Ministerial Circular No M12-06 on 1 June 2012, titled Temporary Policy to Apply to Proposals to Change Local Government Boundaries in NSW. It advised that the Independent Local Government Review Panel will be investigating and identifying options for governance models, structural arrangements and boundary changes for local governments in NSW. The panel is expected to report back to government in July 2013. It is also noted that given the timing of the Independent Local Government Review Panel report and recommendations it would seem premature to invest any significant time and resources in developing a boundary alteration proposal at this time.
At face value, there appears little benefit to Ku-ring-gai Council in the proposal put forward by Hornsby Shire Council.
Governance Matters
The process for local government boundary alterations is contained in section 218B – 218F of the Local Government Act 1993. In summary, the Governor may, by proclamation, alter the boundaries of local government areas following consideration by the Minister for Local Government and advice from the Boundaries Commission and/or the Director General of the Division of Local Government. Section 263(3) of the Act details what factors the Commission (or the Director General) is required to have regard to when considering any matter referred to it by the Minister in respect of local government boundaries.
Any proposal for a boundary alteration needs to be widely notified and the position of each affected council taken into consideration.
Risk Management
Given the very preliminary nature of the approach by Hornsby Shire Council there have been no investigations on risk management issues at this stage. Should Council wish to pursue any boundary adjustment, a comprehensive risk assessment would need to be undertaken.
Financial Considerations
There has been no financial analysis of the proposed boundary adjustment at this stage. Under Section 263(3) of the Act, the Boundaries Commission is required to have regard to “the financial advantages or disadvantages (including the economies or diseconomies of scale) of any relevant proposal to the residents and ratepayers of the areas concerned”.
Social Considerations
Given the very preliminary nature of the approach by Hornsby Shire Council there has been no assessment of social issues undertaken at this stage. Should Council wish to pursue any boundary adjustment, an assessment social issues and impacts on the community would need to be undertaken.
Environmental Considerations
Given the very preliminary nature of the approach by Hornsby Shire Council there has been no assessment of environmental issues undertaken at this stage. Should Council wish to pursue any boundary adjustment, a comprehensive environmental assessment would need to be undertaken.
Community Consultation
Under the provisions of the Local Government Act, any proposal for a boundary alteration needs to be widely notified and the position of each affected council taken into consideration.
Internal Consultation
This report has been prepared with consultation between Civic and Strategy and Environment Departments
Summary
Correspondence has been received from Hornsby Shire Council seeking Council’s views about entering into discussions on the potential for local government boundary reform around Waratah Way and Mt Pleasant Avenue in Normanhurst.
The letter and attached Council report from Hornsby Shire Council does not identify the precise extent of the boundary adjustment under consideration nor does it specify any justification of the rationale for the boundary adjustment. The letter merely seeks to enter into proactive discussions about the potential for boundary reform in the area.
As the Independent Local Government Review Panel will make recommendations to the Minister for Local Government in July 2013 regarding different structural models for local government, it would seem premature to invest any significant time and resources in developing a boundary alteration proposal in at this time.
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A. That Council notes the request from Hornsby Shire Council to enter into discussions regarding a boundary adjustment around Waratah Way and Mount pleasant Avenue in Normanhurst. B. That the General Manager write to Hornsby Shire Council to advise the Council does not wish to enter into discussions on boundary adjustments at this stage for the reasons outlined in this report.
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Craige Wyse Team Leader Urban Planning |
Antony Fabbro Manager Urban & Heritage Planning |
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Andrew Watson Director Strategy & Environment |
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A1View |
Letter from Hornsby Shire Council on Boundary Adjustment Proposal |
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2012/210476 |
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Ordinary Meeting of Council - 26 February 2013 |
GB.19 / 573 |
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Item GB.19 |
S09536 |
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14 February 2013 |
Tender T68/2012 - Sports Field Lighting 2013
EXECUTIVE SUMMARY
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purpose of report: |
To consider the tenders received for the supply and installation of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground and appoint the preferred tenderer.
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background: |
Council, as part of the Open Space Capital Works Program, and adopted four (4) year Delivery Program and Operational Plan, approved the installation/upgrade of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground. |
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comments: |
Tender documents were produced with five (5) submissions received. The submissions were assessed using agreed criteria which identified the tender submission providing the best value to Council. |
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recommendation: |
That Council accepts the tender from Smada Electrical Services Pty Ltd for the supply and installation of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground.
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Purpose of Report
To consider the tenders received for the supply and installation of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground and appoint the preferred tenderer.
Background
Council, as part of the Open Space Capital Works Program, and adopted four (4) year Delivery Program and Operational Plan, approved the installation/upgrade of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground.
Golden Jubilee Sports Ground
Floodlighting of both ovals was approved as part of the 2012/2013 Capital Works Program under project PJ101071 Golden Jubilee Field upgrade works.
Eton Road Oval (previously known as UTS Oval)
Floodlighting was approved last year as part of the four (4) year Delivery Program and Operational Plan, with Northern Suburbs Football Association (NSFA) offering $100,000 towards the installation of floodlighting at this site.
Lindfield Oval
This oval is not currently part of the 2012/2013 program. However, project PJ101925 has been approved specifically to match funding offers from sporting clubs and organisations. Lindfield Junior Rugby Club has offered $89,450 towards the installation of new floodlighting at this oval.
Comments
Five (5) tenders were received and recorded in accordance with Council’s tendering policy. Tenders were received from the following companies:
B & C Electrical & Communications Pty Ltd
Musco Lighting Australia Pty Ltd
New Edge Group Pty Ltd
REES Electrical Pty Ltd
Smada Electrical Services Pty Ltd
A Tender Evaluation Panel consisting of staff from the Operations Department and Strategy & Environment Department was formed to assess the five (5) tenders received. The evaluation took into account, the lump sum fee, provisional rates, company and staff experience, the ability to provide the full range of services required, work program, previous performance in relation to similar type work and the company’s financial capacity. The confidential attachments to this report include:
· list of tenders received & Tender Evaluation Panel’s comments and recommendation (Attachment 1), and
· the independent performance and financial assessment which was carried out by Corporate Scorecard Pty Ltd (Attachment 2).
All five (5) companies were assessed as being suitably qualified to provide all the services required. From the available information taken into account during the scoring from each element of the assessment, Smada Electrical Services Pty Ltd was identified as providing the best value to Council. In order to ensure that Council is not exposed to financial risk and that Smada Electrical Services Pty Ltd are trading in a ‘sound and profitable manner’, an independent Performance and Financial Assessment was carried out by Corporate Scorecard. Smada Electrical Services Pty Ltd is identified as providing the ‘Best Value’ to Council.
Governance Matters
At the close of tender, five (5) tenders were received and recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department and the Strategy & Environment Department was formed to assess the five (5) tenders received. The evaluation took into account, the lump sum fee, provisional rates, company and staff experience, the ability to provide the full range of services required, work program, previous performance in relation to similar type work and the company’s financial capacity. The confidential attachments to this report include the list of tenders received, the Tender Evaluation Panel’s comments and recommendation and the independent Performance and Financial Assessment carried out by Corporate Scorecard Pty Ltd.
The attachments are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.
Risk Management
Two (2) key areas of risk were identified in relation to the proposed work:
· that work needed to be carried out by a suitably qualified company with experience of the supply and installation of sports field lighting to a high standard,
· that Council should not be exposed to financial risk.
As part of the evaluation process, all five (5) tenders received were assessed in relation to their lump sum price and provisional rates, their ability, experience and documented evidence of previous work of a similar nature. All five (5) tenderers demonstrated:
· A good understanding of the requirements of the work.
· Sound previous experience of carrying out work of a similar nature.
· High quality results in relation to previous work of a similar nature.
Following this initial evaluation, the tenderer assessed as providing the best value and quality to Council was Smada Electrical Services Pty Ltd. In order to ensure that Council would not be exposed to financial risk, an independent Performance and Financial Assessment was carried out on Smada Electrical Services Pty Ltd by Corporate Scorecard Pty Ltd. As part of this assessment the following areas were examined:
· that Smada Electrical Services Pty Ltd had the financial capacity to undertake the proposed value of work;
· that Smada Electrical Services Pty Ltd has been trading in a profitable and responsible manner during the last three (3) years
· that Smada Electrical Services Pty Ltd has sufficient assets/reserves to cover all possible debts during the period of work.
The financial aspect of the assessment shows that Smada Electrical Services Pty Ltd is able to satisfy all requirements and is unlikely to expose Council to any financial risk if awarded the tender as detailed within Council’s tender documents.
Financial Considerations
Golden Jubilee Sports Ground – the floodlighting of both ovals was approved as part of the 2012/2013 Capital Works Program under project PJ101071 Golden Jubilee Field upgrade works.
Eton Road Oval (previously known as UTS oval) redevelopment was approved last year as part of the four (4) year Delivery Program and Operational Plan. Northern Suburbs Football Association has offered $100,000 towards the installation of floodlighting at Eton Road. Council will need to allocate $100,000 in the current 2012/2013 financial year towards the project. This may be funded from the Infrastructure and Facilities Reserve as part of the March Budget Review and a reduction of $100,000 from this project budget in 2013/2014. Should the installation of floodlighting, at this site, be delayed until after the completion of the synthetic sports field, there is likely to be a substantial increase in the cost of installing floodlighting.
Lindfield Oval is not currently part of the 2012/2013 program. However, project number PJ101925 has been approved specifically to match funding offers from sporting clubs and organisations. Lindfield Junior Rugby Club has offered $89,450 towards the installation of new floodlighting at Lindfield Oval.
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Site |
Funding Source |
Available Funds |
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Golden Jubilee Field (Front and Rear Oval) |
PJ 101071 Golden Jubilee Field (100% Section 94 funds) |
$682,000 |
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Lindfield Oval |
PJ101925 Project Management of new lighting installations |
$80,100 |
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Lindfield Junior Rugby Club |
$89,450 |
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Eton Road Oval |
PJ103272 Eton Road Oval Floodlights Allocation of funding from Infrastructure and Facilities Reserve at March review with a reduction in the project funding during 2013/2014 of the same value. |
$100,000 |
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Northern Suburbs Football Association (NSFA) |
$100,000 |
Social Considerations
The social benefits of undertaking the four (4) floodlight
installations will be significant for the
Ku-ring-gai community, particularly for anyone involved in either playing or
driving to sports training and fixtures. These benefits include:
· shorter travel distances for players and families to travel;
· less use of other ovals, spread training and games over more ground, therefore reduced wear and tear on other ovals;
· more floodlit space in which to train and play, improving the quality and benefits of training sessions;
· improved opportunities for some teams to have an additional training session during the week, thereby improving their health and fitness and skill levels; and
· reduced need for training schedules to be scheduled in the late evening time slots at other ovals, benefitting families of players as well as residents surrounding floodlit sports fields.
Floodlighting at additional sports grounds is particularly important as night training can be more evenly spread and geographically accessible throughout the community, given the limited number of floodlit sports fields which exist in Ku-ring-gai. This will reduce the impact on other floodlit grounds which are used up to four (4) nights per week for training during winter in addition to weekend match play.
Environmental Considerations
As required under the State Environmental Planning Policy (SEPP) Infrastructure 2007, a Review of Environmental Factors (REF) has been prepared to assess the environmental impact of the four (4) sports field lighting projects proposed in this tender report. As found in the REF, the environmental impacts of the floodlights are relatively insignificant, and are mainly associated with additional traffic and noise surrounding Golden Jubilee Field and Eton Road Oval.
Golden Jubilee Field and Eton Road Oval are new floodlight installations, therefore residents will experience increased traffic and noise which they have not had at these locations. Similarly to Council’s other 23 floodlit sport field locations, this impact will occur within the times permitted under the Council's Sports Facilities Plan of Management policy document. This allows for mid-week training under floodlights to occur during between 5.00pm-9.30pm with a minimum of one rest night per week, and for competition matches under lights to be played mid-week until 9.00pm, on Saturday until 8.30pm, and on Sunday until 6.00pm. It should be noted the times described above are worst case scenario and on many occasions will not be reached.
In terms of light spill for neighbours, advances in
technology with directional lamps and luminaries means lighting can be upgraded
whilst at the same time minimising or even reducing impact of lighting
overspill on adjoining residents and in some cases, reducing energy
consumption. Lighting has been upgraded at many locations throughout
Ku-ring-gai. This program needs to continue until all lighting meets the
relevant standards (AS 2560 – Guide to Sports Lighting and
AS 4282 - Guide to Obtrusive Lighting). The floodlights proposed in this
report all meet these Australian Standards.
At Lindfield Oval, there is not expected to be any change to the usage patterns as this is an upgrade to the existing floodlights. There may be additional competition games played under lights at this venue within the hours permitted under the Sports Facilities Plan of Management. However, this is at times training would normally have occurred. Furthermore, scheduling some games at night at Lindfield Oval will reduce the number of games which are played on Saturdays. This would be a significant improvement for residents living near this oval as it can be very congested on Saturday mornings and afternoons during the winter rugby season.
Community Consultation
Golden Jubilee Field (front and back ovals)
This location has a Master Plan, approved by Council in June 2011. It includes the installation of floodlights on both ovals. Community consultation was a major part of the Master Plan preparation. The consultation included letters to residents with feedback invited, public meetings on site, and public exhibition of the Master Plan.
Eton Road Oval
This project is the central part of the Voluntary Planning Agreement (VPA) between Council and Defence Housing Australia (DHA) which was adopted by Council in November 2011. It is to see the oval re-developed by DHA and dedicated to Council ownership immediately upon completion. In terms of consultation, the floodlights will only impact upon future residents of the apartments to be built by DHA. The floodlights at this location have been designed in close consultation with DHA and have been approved by DHA.
Lindfield Oval
This project is an upgrade to the existing floodlights at the oval. It will not significantly alter traffic and noise impacts for surrounding residents. Nevertheless residents in Tryon Road and Loombah Avenue were sent a letter in December 2012 informing them of the proposed floodlighting upgrade. Notification for submissions closed on 4 February 2013. No comments were received.
Internal Consultation
Consultation was undertaken internally with officers from the Operations Department and Strategy & Environment Department, for the development, refurbishment and upgrade works, and in the preparation of detail design/specification for the site prior to the documentation being released for tender and construction. Following receipt of the tender submissions, the tender assessment was undertaken by representatives from the Operations Department and the Strategy & Environment Department.
Summary
Council, as part of the Open Space Capital Works Program, and adapted four (4) year Delivery Program and Operational Plan, approved the installation/upgrade of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground.
Tenders for this work were called in December 2012 with a closing date of 22 January 2013.
A Tender Evaluation Panel was formed consisting of representatives from the Operations Department and Strategy & Environment Department. The preferred tenderer following evaluation and independent performance and financial checks was identified as Smada Electrical Services Pty Ltd. In general, all tenderers demonstrated a good understanding of the work required.
Following the evaluation and independent performance and financial checks, it is recommended that Smada Electrical Services Pty Ltd be appointed on the basis of providing the best value to Council with support from contributing sporting organisations Lindfield Junior Rugby Club and Northern Suburbs Football Association.
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A. That Council accept the tender from Smada Electrical Services Pty Ltd to carry out the work of supply and installation of sports field lighting at Eton Road Oval, Lindfield Oval and Golden Jubilee Sports Ground.
B. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
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 Regulations.
E. That the General Manager be delegated authority to negotiate with Smada Electrical Services Pty Ltd based on the alternate options for which tender prices were submitted.
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David Morris Manager Open Space Projects |
Greg Piconi Director Operations |
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List of Tenderers and Tender Evaulation Panel's comments and recommendation |
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Confidential |
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Corporate Scorecard Pty Ltd performance and financial assessment |
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Confidential |
[1] IPWEA, 2011, Sec 4.2.6, Example of an Asset Management Plan Structure, pp 4|24 – 27.
[2] Based on IPWEA, 2011, IIMM, Sec 1.2 p 1|7.
[3] IPWEA, 2011, IIMM.
[4] IPWEA, 2011, IIMM, p 2.22
[5] IPWEA, 2011, IIMM, Table 3.4.1, p 3|58.
[6] The Roads Maintenance Policy, which includes procedure, was adopted 22 July 2008. The Roads Maintenance procedure was reviewed in September 2011.
[7] Also reported as Written Down Current Replacement Cost (WDCRC).
[8] IPWEA, 2011, IIMM, Sec 3.4.4, p 3|60.
[9] Based on IPWEA, 2011, IIMM, Sec 3.4.5, p 3|66.
[10] AIFMG, 2009, Financial Sustainability Indicator 8, Sec 2.6, p 2.18
[11] IPWEA, 2011, IIMM, Table 2.4.6, p 2|59.
[v1]Nick to update
[v2]Nick can you review and update the consultation section (if needed)
[v3]Steve and Greg. This was taken from AMP 2011. Ok to leave in Vanessa.
[g5]Vanessa please check
Greg- I have updated it so it includes annual average figure. This is from Noel and is in the updated LTFP.
[g6]Should this be $5.67M? Yes – 14.5 - 8.8
