Agenda of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 30 July 2013

Present:

The Mayor, Councillor E Malicki (Chairperson) (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)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Corporate Communications (Virginia Leafe)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

220

Apologies

File: S02194

Councillor Jeff Pettett tendered an apology for non-attendance [prior commitment] and requested leave of absence.

Resolved:

(Moved: Councillors McDonald/Berlioz)

That the apologies from Councillor Pettett be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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.

The Mayor, Councillor Elaine Malicki advised that as she is currently a member of the Joint Regional Planning Panel and in reference to GB.4 – Nominations for Joint Regional Planning Panel Members, advised that this is starting a new period, it is her understanding that there is no Conflict of Interest and that there is no need for her to leave during debate of the item.

221

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/7

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

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

C.1 Staff Matter – (Confidential Mayoral Minute by the Mayor, Councillor Elaine Malicki dated 18 July 2013)

C.2 Staff Matter - (Confidential Mayoral Minute by the Mayor, Councillor Elaine Malicki dated 18 July 2013)

CARRIED UNANIMOUSLY

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:

Late Item:

Refer PT.1 – Petition to Request New Parking Zones for Normurra Avenue between Bobbin Head Road and the Residence of No 2 Normurra Avenue, North Turramurra – (Seventeen [17] Signatures)

Late Memorandums:

Refer GB 2 - Investment Report as at 30 June 2013 – Memorandum from Director Corporate dated 30 July 2013 advising Councillors of an e-mail received regarding 2 investments that Council holds.

Refer GB.5 – Proposed Reclassification of 1B Beaconsfield Parade and 19 Drovers Way, Lindfield (Woodford Lane Car Park) to Operational Land following the Exhibition and Public Hearing Process – Memorandum from Director Strategy and Environment dated 29 July 2013 with attached copies of submissions.

Councillors Information:

Off Leash Dog Areas – Memorandum from Director Operations dated 23 July 2013 with attached brochure in answer to a Question Without Notice raised by Councillor David Ossip at the Ordinary Meeting of Council held on 16 July 2013.

CONFIRMATION OF MINUTEs

222

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 16 July 2013

Minutes numbered 195 to 219

Resolved:

(Moved: Councillors Szatow/McDonald)

That Minutes numbered 195 to 219 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

223

VALE Frank Vittorino

File: CY00455

Vide: MM.1

I am particularly sad to present this Mayoral Minute in honour of the life of Frank Vittorino from Frank’s Gents’ Hairdressing in St John’s Avenue Gordon. Frank was very much a central character in the Gordon Shopping Centre and his barber shop is a North Shore Icon.

Frank has been cutting and styling the hair of many Ku-ring-gai residents for over
36 years. In fact, the Premier Barry O’Farrell and his boys, Stirling Mortlock and his family, Ken Rosewall and Tony Roach were few of his famous customers. Many Mayors and General Managers and staff from Ku-ring-gai Council were his clients, and I am proud to say I number myself among them. Ku-ring-gai’s longest serving Mayor, Richard Lennon, even went to Frank’s daughter’s wedding.

Frank came to Australia at just five years old and his family settled in Newtown. He never lost his long term passion for the Newtown Jets and you could count on a discussion on any type of football whenever Frank was in the shop.

He always had an incredible work ethic and from a young age was delivering bread and papers after school helping make ends meet. His father wanted him to get a trade and so the young Frank started as an apprentice Hairdresser/Barber.

He learnt from some of the best, including Louis Cordony who called him “Francois de Paris”. Frank then went to the high end salons in Surry Hills and Kings Cross owned by Angelo De Marco who was known as “the man of all the stars” tending to the hair of Johnny O’Keefe and Frank Sinatra when they came to Australia.

Frank moved to Turramurra in 1965 and then to his very own salon - a 2 seat shop in Pymble in 1969. This is where his fame began, as everyone used to pass by and say hello.

In 1976 he opened on the site now known as the Sun Building just next door. There he built a business that he loved and became loved by his customers.

In 1987 Frank’s moved to St Johns Ave and there the business has been ever since. When his son Anthony started with him in 1991 he said there were two things you need to know as a barber - call everyone “Sir” and “Madam” and always be the best at what you do so others can learn from you. Frank always practised what he preached!

Frank was well known for treating everyone the same no matter if you were the local Mayor, Premier or school child. He liked to tell a joke and was one of the most positive and cheerful people I have ever met. He always brought a friendly word and a smile and genuinely cared about his customers.

Since Frank Vittorino’s sudden passing, the salon has been visited by many people who have come in and passed on their condolences, sometimes 3 and 4 generations of the one family.

Frank is survived by his wife Ann - they were married for 48 years - son Anthony and daughters Katherine and Ann and nine grandchildren aged from 3 to 18.

Frank Vittorino will be greatly missed by his family and customers and Gordon will be a lesser place without him, but we can always pop into the salon in St Johns Avenue with all the sporting memorabilia and relive his legacy.

Resolved:

A. That the Mayoral Minute be received and noted.

B. That Council pass on its sincere condolences to Mr Vittorino’s family, together with a copy of the Mayoral Minute.

C. That we stand for a minute’s silence to pay respects to the life of Frank Vittorino.

CARRIED UNANIMOUSLY

PETITIONS

224

Petition to Request New Parking Zones for Normurra Avenue between Bobbin Head Road and the Residence of No 2 Normurra Avenue, North Turramurra - (Seventeen [17] Signatures)

File: TM10/05

Vide: PT.1

"We, the undersigned proprietors of shops in Normurra Avenue, North Turramurra request Council to extend the parking zones to all day parking between Bobbin Head Road and just before the driveway of No 2 Normurra Avenue.

Traffic conditions have changed a lot in North Turramurra in recent years. With the construction of retirement villages, housing estates etc, the population beyond the Burns Road intersection is approximately four thousand people. Presently, on the side of Normurra Avenue near the Restaurant, Cake Cuisine, Pool Shop and Legal Firm, there is short term parking. On the Surgery side of the road, the parking is all day. We don't think that this serves the community.

If one lived in Somerset Avenue and caught the bus to the station - one could park all day on that side of the road.

Nevertheless, we have to remember that the parking should not be too short term because people need to park and go the restaurants and legal firm. We are proposing that the parking on the Surgery side of the road become 3 hourly allowing for some turnover of the parking through the day."

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

225

39 Chilton Parade, Warrawee DA0532/12 - Demolition of Existing Dwelling, Community Title Subdivision into 9 Lots, Construction of 8 Dwellings and Ancillary Site Works, including Swimming Pools and Fences

File: DA0532/12

Vide: GB.3

Ward: Wahroonga

Applicant: Chilton Estate Development P/L

Owners: Yongning Han; Yufang Fu; Bing Jin Jiang

Demolition of existing dwelling, community title subdivision into 9 lots, construction of 8 dwellings and ancillary site works, including swimming pools and fences.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A. That consideration of DA0532/12 - Demolition of Existing Dwelling, Community Title Subdivision into 9 Lots, Construction of 8 Dwellings and Ancillary Site Works, including Swimming Pools and Fences at 39 Chilton Parade, Warrawee be deferred pending a site inspection.

B. That the applicant be requested to have the location of the proposed development pegged out on site for the inspection and all references of the Officer’s recommendations be marked.

CARRIED UNANIMOUSLY

226

2013 ICTC Conference

File: CY00212/5

Vide: GB.1

To advise Councillors of the 14th International Cities Town Centres and Communities Conference, 16-18 October 2013 being held in Mandurah, Western Australia.

Resolved:

(Moved: Councillors Szatow/Anderson)

That all interested Councillors advise the General Manager of their interest in attending the ICTC Conference by Friday, 9 August 2013.

CARRIED UNANIMOUSLY

227

Investment Report as at 30 June 2013

File: S05273

Vide: GB.2

To present to Council investments portfolio performance for June 2013.

Resolved:

(Moved: Councillors Szatow/McDonald)

A. That the summary of investments and performance for June 2013 be received and noted.

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

CARRIED UNANIMOUSLY

228

Proposed Reclassification of 1B Beaconsfield Parade and 19 Drovers Way, Lindfield (Woodford Lane Car Park) to Operational Land following the Exhibition and Public Hearing Process

File: S09605

Vide: GB.5

To report back to Council on submissions received during the exhibition and public hearing into the proposed reclassification of the properties at 1B Beaconsfield Parade and 19 Drovers Way Lindfield, known as the Woodford Lane Car Park, from community land to operational land.

Resolved:

(Moved: Councillors Szatow/Anderson)

A. That Council adopt the Planning Proposal for the reclassification of the properties at 1B Beaconsfield Parade (Part Lot 1 DP 929131) and 19 Drovers Way (Lots 1-16 DP 1099330) known as ‘the Woodford Lane Car Park’ from community land to operational land status inclusive of the extinguishment of any trusts applicable to the land.

B. That the Planning Proposal be submitted to the Minister in accordance with Section 58 of the Environmental Planning & Assessment Act, 1979.

C. That all persons who made submissions in respect of the proposed reclassification of these properties, the subject of this report, be notified of Council's decision.

D. That the other two properties considered at the Public Hearing and included in the Chairpersons report be reported to Council as part of the Draft Ku-ring-gai Local Environmental Plan 2013 process.

CARRIED UNANIMOUSLY

229

Independent Pricing and Regulatory Tribunal (IPART) - Section 508 (A) - Special Variation Application - Infrastructure Levy

File: S06788

Vide: GB.6

To seek Council’s endorsement to apply for a Special Rate Variation under Section 508(A) of the Local Government Act.

Resolved:

(Moved: Councillors Szatow/McDonald)

That Council apply to the Independent Pricing and Regulatory Tribunal for a Special Rate Variation under Section 508(A) of the Local Government Act.

CARRIED UNANIMOUSLY

230

Roads and Maritime Services - Regional Road Block Grant Funding for 2013/2014

File: S02585

Vide: GB.7

To advise Council of the Roads and Maritime Services funding program for 2013/2014 and adopt the various grants as provided by the Roads and Maritime Services.

Resolved:

(Moved: Councillors Szatow/Berlioz)

A. That Council accepts the grant offer of $83,000 for the Bicycle and Pedestrian Programs.

B. That Council accepts the grant offer of $300,000 for the Regional Roads Upgrade Program.

C. That Council accepts the Roads Component of $229,000 and the Supplementary Road Component of $82,000 of the Regional Roads Block Grant for 2013/2014.

D. That Council not accept the Traffic Facilities Component of the Regional Road Block Grant for 2013/2014 and continues to use RMS resources to carry out traffic facilities.

CARRIED UNANIMOUSLY

231

Nominations for Joint Regional Planning Panel Members

File: S08316

Vide: GB.4

To appoint Council members to the Sydney West Joint Regional Planning Panel.

Resolved:

(Moved: Councillors Anderson/Citer)

That Council advertise for the Sydney West JRPP members and await those results of nominations before further consideration. If there is any gap, then Director Watson is to attend in the interim, and another staff member as designated by the General Manager.

For the Resolution: Councillors Szatow, Armstrong, Citer, Fornari-Orsmond, Anderson and Ossip

Against the Resolution: The Mayor, Councillor E Malicki, Councillors Berlioz and McDonald

The above Resolution was subject to a Motion which was LOST. The Lost Motion was:

(Moved: Councillors McDonald/Armstrong

A. That Council resolve to appoint Council members Mayor, Councillor Elaine Malicki, Councillor Christiane Berlioz and the Director Strategy and Environment, Andrew Watson as the alternate to the Sydney West Joint Regional Planning Panel from 10 October 2013 to 30 June 2014 as an interim measure, pending implementation of the NSW Planning review.

B. That Council notifies the Minister for Planning and Infrastructure of its decision.

232

Change and Effects on Council’s Fringe Benefits Tax

File: S09115/2

Vide: QN.1

Question Without Notice from Councillor David Ossip

What is the Federal Government’s change to fringe benefits tax mean to Ku-ring-gai Council and what will be the financial effects on Council?

Answer by Director Operations

We do have some basic information at the present moment in regards to motor vehicles and the cost of motor vehicles relating to statutory rates and log book issues and things like that but we will probably get some more details back in a memorandum.

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

An Inspections Committee will take place to view the following property:

39 Chilton Parade, Warrawee

NOTE: Councillors will be advised by the Director Development and Regulation in an e-mail of the date and a mutual appropriate time of the Inspections Committee.

Council resolved that the Meeting be closed during the discussion of the following matters

C.1 Staff Matter and C.2 Staff Matter in accordance with section 10A(2)(a) of the Local Government Act 1993 on the basis that the items involve the receipt and discussion of information that would, if disclosed, relate to the discussion of personnel matters concerning particular individuals.

This resolution was moved by Councillors Berlioz and Szatow

and was CARRIED UNANIMOUSLY

233

Staff Matter

File: CY00254/5

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(a), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Confidential Mayoral Minute by the Mayor, Councillor Elaine Malicki dated 18 July 2013

Resolved:

That the Staff Matter be adopted as per the Minutes of the Meeting and largely in accordance with the Mayoral Minute.

CARRIED UNANIMOUSLY

234

Staff Matter

File: CY00254/5

Vide: C.2

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Confidential Mayoral Minute by the Mayor, Councillor Elaine Malicki dated 18 July 2013

Resolved:

That the Staff Matter be adopted as per the Minutes of the Meeting and largely in accordance with the Mayoral Minute.

CARRIED UNANIMOUSLY

Council resolved to return to Open Council
after a Motion moved by Councillors Anderson and Armstrong
was CARRIED UNANIMOUSLY

The Mayor adverted to the consideration of the matters referred to in the Minutes numbered 233 and 234, and to the resolutions contained in such Minutes.

The Meeting closed at 8.50pm

The Minutes of the Ordinary Meeting of Council held on 30 July 2013 (Pages 1 - 11) were confirmed as a full and accurate record of proceedings on 13 August 2013.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 13 August 2013	GB.1 / 18

Item GB.1	FY00275/6
	1 August 2013

Sponsorship proposals for 2013-2014

EXECUTIVE SUMMARY

purpose of report:	To advise Council of various sponsorship proposals received for the 2013/14 financial year.

background:	Council sponsors public and private sector activities through direct funds and in-kind support in line with the Sponsorship and Donations Policy. Council has previously sponsored Carols in the Park, Ku-ring-gai Philharmonic Orchestra, Welcome Basket, Ku-ring-gai Arts Society, Ku-ring-gai Chase fun run and Ku-ring-gai Shield Lawn Bowls.

comments:	Council has received new sponsorship proposals from Carols in the Park, Ku-ring-gai Arts Society, Ku-ring-gai Chase, the Wahroonga Food and Wine Festival and the St Ives Food and Wine Festival.

recommendation:	That Council sponsors the 2013 Carols in the Park event for $10,000, the Ku-ring-gai Arts Society Annual Award Exhibition for $2,000, that Council becomes a Gold Sponsor of the Ku-ring-gai Chase fun run for $5,000, that Council sponsors the Wahroonga Food and Wine Festival for $8,000 and the St Ives Food and Wine Festival for $2,000, and that the remaining sponsorship budget is used for future sponsorship proposals.

Purpose of Report

To advise Council of various sponsorship proposals received for the 2013/14 financial year.

Background

Council sponsors a number of public and private sector activities through direct funding and in-kind support according to the Sponsorship and Donations Policy. In turn sponsorships provide a range of benefits to Council such as Council logos on promotional material, community information stalls, signage, and recognition of Council sponsorship in speeches and media releases.

In 2012/13 Council sponsored:

· Ku-ring-gai Philharmonic Orchestra - $20,000

· Carols in the Park - $15,000

· Ku-ring-gai Chase fun run and community event - $15,000 (funded by Ku-ring-gai Community Grants)

· Welcome Basket - $2,500

· Ku-ring-gai Arts Society Annual Award Exhibition - $2,000

· Rotary Club of Turramurra Graffiti Removal - $2,000

· Killara Lawn Tennis Club Centenary event - $1,000

· Ku-ring-gai Shield lawn bowls - $1,000

· Bare Creek Trail Run – in-kind support only.

This report proposes a program of sponsorships for the financial year that have already been received, plus other anticipated requests that are based on previous year’s sponsorships.

Combining all requests in one report will enable Council to consider the proposals more strategically. Previously, individual reports for each sponsorship valued at over $5,000 came to Council for approval as the sponsorship requests were received - this method advantaged sponsorship proposals received earlier in the financial year, but not proposals received later in the year when the budget was close to, or had been fully expended.

Comments

Council has received sponsorship proposals for the following activities in 2013/14:

Carols in the Park

Council has been associated with the annual Carols in the Park event for over 20 years. The events are well organised and receive positive feedback from attendees. Approximately 3,500 people attended the event last year. Benefits to Council from sponsorship include the Ku-ring-gai Council logo featured on all promotional material, an opportunity to include Council information in the event’s program and a mayoral speech. At the event, a collection is taken for charity during the Carols performance. This year donations will go to the State Emergency Service to assist in operating from their new location in Wahroonga.

The Combined Churches has requested $16,000 in sponsorship, for the annual Carols in the Park event, to be held in Bicentennial Park, West Pymble on Saturday 14 December 2013. (See Attachment A1)

This is $1,000 more than the sponsorship provided in 2012. The increase in sponsorship is requested to help with increased costs in running the event, mainly associated with hiring the stage, audio and video equipment.

In 2009 Ku-ring-gai Council sponsored the event for $10,000. However in 2010 the Combined Churches lost a major sponsor that provided significantly discounted light, sound and communication equipment for the event. To help cover the increased cost, Council has provided additional sponsorship of $5,000 since 2010.

To help the Combined Churches reduce their light and sound costs, staff have provided them with the contact details of the light and sound company that sponsors Council’s major events and encouraged them to seek additional sponsorship.

It is recommended that Council provides $10,000 in sponsorship money to Carols in the Park for their 2013 event.

Ku-ring-gai Arts Society – Annual Award Exhibition

Council has been associated with the Ku-ring-gai Arts Society Annual Award Exhibition for 40 years. The opening night is attended by 150 people and a trophy is given out by the Mayor. The exhibition has previously been funded by the Ku-ring-gai Financial Assistance to Community Groups Program (now renamed Ku-ring-gai Community Grants.) However as the program no longer funds ongoing activities, last year it was funded through sponsorship, allowing for mutual benefits such as logos on their website, newsletters, advertising and invitations.

The Ku-ring-gai Arts Society has requested $2,000 in sponsorship for their Annual Award Exhibition held at St Ives Shopping Village. The award ceremony is on Friday 1 November and the exhibition is open for 12 days. (See Attachment A2).

The $2,000 is the same amount as requested last year and will go towards prize money and publicity.

It is recommended that Council provides $2,000 to Ku-ring-gai Arts Society for the 2013 exhibition.

Ku-ring-gai Chase fun run and community event

The inaugural Ku-ring-gai Chase fun run and community event was held in March 2013 at Claude Cameron Grove Wahroonga with over 500 people participating and raising money for Special Olympics Australia (SOA). The event was professionally presented and raised $37,000 for SOA, a not-for-profit organisation that runs sports programs for people with an intellectual disability.

Council was a Platinum Partner for the 2013 event, providing $15,000 through the Ku-ring-gai Community Grants Program (KCG).

As the KCG does not fund ongoing initiatives, it is appropriate that the 2014 event be supported by direct sponsorship.

SOA have a few options for sponsorship of their 2014 event held on Sunday 16 March, 2013 at Claude Cameron Grove, Wahroonga (See Attachment A3):

· Platinum Partner $15,000 – benefits include naming rights, logo on runners’ bibs, signage at event, logo on all promotional material, opportunity to hand out medals, Mayor to start the race and man stall at event

· Gold Partners – logo on all promotional materials, stall at event and opportunity to hand out medals $5,000

· Silver Partners – stall at event $2,500

It is recommended that Council become a Gold Partner for the 2014 event.

Wahroonga Food and Wine Festival

Council has received a request to sponsor the inaugural Wahroonga Food and Wine Festival to be held at Wahroonga Park on the last weekend of October 2013. The company presenting the event has over 15 years’ experience in producing major outdoor events including Sydney Festival’s ‘First Night’ and the Pyrmont Festival: 10 days of wine food and art. (See Attachment A4).

The Festival will involve a series of food and wine events over the weekend in the Wahroonga precinct to create a local village festival, culminating with a major outdoor food and wine event on Sunday 27 October. At least two local restaurants would hold a ‘meet the winemaker’ lunch or dinner with a wine appreciation master class and local bottle shops will feature tastings of the wines from vineyards attending the festival. A major Australia wine agent, who represents over 100 quality wine brands from all over the country, will present a selection of their wines at the Festival. There will also be a showcase of local food produce stalls and delicatessens invited to participate in the park event, which will also feature children’s rides, farmyard animals, roving entertainer and live music performances on the rotunda.

This food and wine festival event would meet a community need identified in a number of consultations including the Ward Summits, Events Survey and feedback from the Economic and Social Development Committee. In the consultations, the community and businesses requested food and wine festivals to be run in Ku-ring-gai.

The event has the potential to stimulate the local economy by promoting our local restaurants and food outlets. Also 25 wineries will be attending the event in Wahroonga, with local accommodation offers presented on the Festival website.

The event would also help Council meet its long term local economy and employment objectives identified in the Community Strategic Plan 2030:

· E2.1 Key stakeholders have confidence in, and pro-actively partner with Council to enhance employment and economic benefits.

· E3.1 Ku-ring-gai has a range of activities and experiences that attract visitors.

Other benefits to Council include logo on all marketing collateral, acknowledgement in media releases and speeches, park event to be opened by the Mayor, banner advertising on the festival website, survey and evaluation report.

The organisers have requested $10,000 in sponsorship money and various fee waivers – it is recommended that Council provides $8,000 in sponsorship funds only

St Ives Food and Wine Festival

The St Ives Food and Wine Festival is a one-off event run by a local Ku-ring-gai resident. It will be held on Sunday 24 November 2013 at St Ives Village Green and proceeds will go to Room to Read, a charity that helps educate children throughout Asia and Africa. (See Attachment A5).

Council’s logo will feature on all promotional material and the festival will also contribute to meeting a community need as identified in recent consultation and long term objectives in our Community Strategic Plan 2030.

The organiser has requested Council sponsor the event by covering Council-related charges estimated at $2,000.

It is recommended that Council sponsors The St Ives Food and Wine Festival for $2,000 in direct funding for Council related charges, and provides other in-kind and administrative support to the value of approximately $3,000

Other Sponsorship Requests

Council is expected to receive a number of other sponsorship proposals in 2013/14 as evidenced by regular annual submissions. These are likely to be:

· Ku-ring-gai Philharmonic Orchestra

· Welcome Basket

· Ku-ring-gai Shield Lawn Bowls.

Governance Matters

The sponsorship proposals comply with Council’s Sponsorship and Donations Policy.

Risk Management

Cancellation of Carols in the Park, Ku-ring-gai Chase, Wahroonga Food and Wine Festival and St Ives Food and Wine Festival due to wet weather is a reputational risk for the event organisers and sponsors.

If any of the events or activities are not well organised, the organisers, and Council, as a sponsor, could be associated with a reputational risk. This risk is highest with the St Ives Food and Wine Festival event as this is the first time the organiser is running a food and wine festival event.

Financial Considerations

Council has $46,701 in its 2013/14 sponsorship budget. If all sponsorships are approved as recommended, it would cost Council $27,000 leaving $19,701 to fund further sponsorship proposals that may be received throughout the year.

Social Considerations

Ku-ring-gai Council’s sponsorship of the proposed events and activities will either provide the necessary funds to run the events or increase the scale of the events.

All proposed sponsorships will promote community spirit and engagement. The Ku-ring-gai Chase event in particular will help us to meet our long term objectives in the Community Strategic Plan 2030 to have a community that embraces healthier lifestyle choices and practices (C.4.1)

Environmental Considerations

The Ku-ring-gai Chase, Carols in the Park, Wahroonga Food and Wine Festival and the St Ives Food and Wine Festival have submitted a statement of environmental effects as part of their development applications that addresses issues such as transport, waste and parking.

Community Consultation

Surveys were conducted to evaluate the previous Carols in the Park and Ku-ring-gai Chase events and findings have been incorporated into planning for the next events.

Results from the Ward Summits and Event Survey and feedback from the Economic and Social Development Advisory Committee found that the community would like to see food and wine festivals in Ku-ring-gai.

Internal Consultation

The community, operational and development and regulation departments were consulted in the writing of this report.

Summary

Council sponsors public and private sector activities through direct funding and in-kind support in line with the Sponsorship and Donations Policy. The sponsorships provide a range of benefits to Council such as Council logos on promotional material, community information stalls, signage, and acknowledgement of Council sponsorship in speeches and media releases.

Sponsorship also assists Council in meeting our Community Strategic Plan 2030 long term objectives.

We have previously written reports for each sponsorship proposal valued at over $5,000 for Council to consider individually. However this method advantages sponsorship proposals received earlier in the financial year when the budget is not expended. This report presents a full program of sponsorships for the year for Council to consider proposals more strategically.

Council has $46,701 in its annual sponsorship budget and proposes to sponsor:

· Carols in the Park for $10,000

· Ku-ring-gai Art Society for $2,000

· Ku-ring-gai Chase fun run and community event for $5,000

· Wahroonga Food and Wine Festival for $8,000

· St Ives Food and Wine Festival for $2,000

The remaining budget of $19,701 can be used to fund future sponsorship proposals in 2013/14, such as:

· Ku-ring-gai Philharmonic Orchestra

· Welcome Basket

· Ku-ring-gai Shield Lawn Bowls.

Additional reports for further sponsorship proposals over $5,000 will come to Council, as per Council’s Sponsorship and Donations Policy.

Recommendation:

A. That Council sponsors the 2013 Carols in the Park event for $10,000.

B. That Council sponsors the Ku-ring-gai Arts Society Annual Award Exhibition for $2,000.

C. That Council becomes a Gold Sponsor of the Ku-ring-gai Chase fun run and community event for $5,000.

D. That Council sponsors the Wahroonga Food and Wine Festival for $8,000.

E. That Council sponsors the St Ives Food and Wine Festival for $2,000.

F. The remaining budget is used to sponsor future sponsorship proposals.

Tiffiny Kellar

Manager Communications

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Attachments:	A1 View	Carols in the Park Sponsorship Proposal	2013/170026
	A2 View	Ku-ring-gai Arts Society Sponsorship Proposal	2013/198756
	A3 View	Ku-ring-gai Chase Sponsorship Proposal	2013/199966
	A4 View	Wahroonga Food and Wine Festival Sponsorship Proposal	2013/200191
	A5 View	St Ives Food and Wine Festival Sponsorship Proposal	2013/199979

Ordinary Meeting of Council - 13 August 2013	GB.2 / 63

Item GB.2	CY00259/5
	21 June 2013

Delegations of Authority - General Manager

EXECUTIVE SUMMARY

purpose of report:	To review delegations in accordance with the Local Government Act 1993 (the Act).

background:	Section 380 of the Act requires that Council review its delegations during the first 12 months of each term of office.

comments:	Existing delegations have been reviewed and updated were necessary as a result of legislative change.

recommendation:	That the delegations be granted to the General Manager.

Purpose of Report

To review delegations in accordance with the Local Government Act 1993 (the Act).

Background

Section 380 of the Local Government Act 1993 requires Council to review all its delegations during the first 12 months of each term of office.

Delegations to the Mayor and Deputy Mayor were made at the Ordinary Meeting of Council held 11 December 2012.

Delegations to the General Manager are discussed in this report.

Section 355 of the Act sets out the functions of the General Manager as follows:

(1) The general manager is generally responsible for the efficient and effective operation of the council’s organisation and for ensuring the implementation, without undue delay, of decisions of the council.

(2) The general manager has the following particular functions:

· the day-to-day management of the council

· to exercise such of the functions of the council as are delegated by the council to the general manager

· to appoint staff in accordance with an organisation structure and resources approved by the council

· to direct and dismiss staff

· to implement the council’s equal employment opportunity management plan.

(3) The general manager has such other functions as may be conferred or imposed on the general manager by or under this or any other Act.

Section 377 of the Act provides a general power to delegate as follows:

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) The appointment of a general manager,

(b) The making of a rate,

(c) A determination under section 549 as to the levying of a rate,

(d) The making of a charge,

(e) The fixing of a fee,

(f) The borrowing of money,

(g) The voting of money for expenditure on its works, services or operations,

(h) The compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) The acceptance of tenders which are required under this Act to be invited by the council,

(j) The adoptions of an operational plan under section 405,

(k) The adoption of a financial statement included in an annual financial report,

(l) A decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) The fixing of an amount or rate for the carrying out by the council of work on private land,

(n) The decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) The review of a determination made by the council, and not by a delegate of the council, of an application for approval or any application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) The power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) A decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) A decision under section 234 to grant leave of absence to the holder of a civic office,

(s) The making of an application, or the giving of a notice, to the Governor or Minister,

(t) This power of delegation,

(u) Any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

Comments

Existing delegations have been reviewed for the purpose of re-delegation.

In conducting this review, the opportunity has been taken to update references to legislation, delete unnecessary delegations and to improve wording to provide for greater consistency throughout the document. The proposed delegations do not alter current practice and largely deal with routine administrative functions encompassed by the general management powers granted to the General Manager under the Act. It has been sought to achieve completeness and better facilitate the granting of sub-delegations to staff.

The delegations list is attached (see Attachment A1).

Governance Matters

Section 377 of the Act provides a general power to delegate as follows:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders which are required under this Act to be invited by the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

Section 378 of the Act allows the General Manager to sub-delegate any of the delegations, other than the power of delegation, to any staff member.

378 Delegations by the general manager

(1) The general manager may delegate any of the functions of the general manager, other than this power of delegation.

(2) The general manager may sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).

(3) Subsection (2) extends to a function sub-delegated to the general manager by the council under section 377 (2).

Section 380 of the Act requires Council to review all its delegations during the first 12 months of each term of office.

380 Review of delegations

Each council must review all its delegations during the first 12 months of each term of office.

Risk Management

There is a risk management consideration associated with the recommendation in this report in that if Council’s delegations are not reviewed before 8 September 2013, the requirement to do so in Section 380 of the Local Government Act 1993 will not have been met.

Financial Considerations

There are no financial considerations associated with the recommendation in this report.

Social Considerations

There are no social considerations associated with the recommendation in this report.

Environmental Considerations

There are no environmental considerations associated with the recommendation in this report.

Community Consultation

None required or undertaken.

Internal Consultation

The delegations have been reviewed in conjunction with all Directors.

Summary

Council is required to review delegations during the first 12 months of each term of office.

Existing delegations to the General Manager have been reviewed and updated where necessary as a result of legislative changes, and are recommended for adoption.

Recommendation:

That pursuant to Section 377 of the Local Government Act 1993 (the Act) and any other Acts enabling, the General Manager be delegated the following powers, authorities, duties and functions:

(a) To carry on the regular services and operations of the Council within the sums voted by the Council for expenditure thereon and in accordance with the resolutions of the Council;

(b) To give effect to the provisions made by or under the Act and any other Act conferring powers, functions or duties on the Council and to any resolution or policy that has been adopted by the Council;

(c) To take such actions and do such acts (not inconsistent with the Act or any other Act conferring powers, functions or duties on the Council or with any resolution or policy that has been adopted by the Council) as deemed necessary to generally manage, control and administer the affairs of the Council.

(d) The delegations set out in Attachment A1.

Matt Ryan

Manager Records & Governance

Jamie Taylor

Corporate Lawyer

David Marshall

Director Corporate

John McKee

General Manager

Attachments:

A1 View

Delegations of Authority - Council to General Manager - Attachment A1

2013/171058

APPENDIX No: 1 - Delegations of Authority - Council to General Manager - Attachment A1

Item No: GB.2

ATTACHMENT A1

DELEGATIONS OF AUTHORITY

COUNCIL TO GENERAL MANAGER

Section 377 of Local Government Act 1993

A1 Legal Proceedings

1. To institute, conduct and defend legal proceedings including the matter of consent orders where appropriate with respect to Council's activities in all Courts and instruct and engage Council's solicitors and counsel where necessary except where they are called to Council prior to the execution of appropriate delegations.

2. a. To authorise the laying of any information or complaint for the recovery of any penalty or the making of any order for or in respect of any offence, nuisance or other matter or thing whatsoever under the Local Government Act 1993 and the Environmental and Planning Assessment Act 1979 and Regulations, or any Regulation thereunder or any other Act, or Regulation and to lay any such information.

b. To order the institution of proceedings by way of any penalty and/or the making of any order for or in respect of any offence, nuisance or other matter or thing whatsoever under the Local Government Act 1993, or any Regulation made thereunder or any other Act or Regulation.

3. To issue and serve all orders, lay Information and complaints and take, institute or commence all proper proceedings, actions and prosecutions against all persons committing any offence under the relevant Acts, Regulations including and without limiting of the foregoing:

a. for the recovery of any rate charge fee or money under the provisions of the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 and Regulations or of any other Act;

b. for the recovery of any penalty or in respect of any offence under the provisions of the Local Government Act 1993 or any other Act or of any Regulation;

c. for any purpose that the Delegate deems proper and to take all such steps as may be necessary for the conduct of such proceedings;

d. Environmental Planning and Assessment Act 1979 and Regulations thereunder in respect to any matter associated with the erection or demolition of buildings;

e. Any other Act which enables the Council to authorise a staff member to enter upon any land or building and in and upon any such land or building to make inspections.

4. To represent the Council in all respects in any proceedings at the Land and Environment Court, any Local Court or before any Justice.

5. To authorise the withdrawal of legal proceedings commenced on behalf of Council where the circumstances are of compelling justification.

A2 Fees Generally

1. To exercise discretion and interpret application of fee based on existing scales provided that any such common usage of a multiple of existing fees be included in future additions of Council's annual list of Fees and Charges.

2. To waive or reduce various general fees chargeable by Council in those circumstances where the use is a charitable organisation or where the fee charged by Council is not consistent with the degree of use envisaged by a hirer.

3. To waive or reduce fees in individual cases of pressing financial or social need.

A3 Approve the Consumption of Alcoholic Liquor

To approve the consumption of alcoholic liquor at public reserves pursuant to the provisions of Section 632 of the Local Government Act 1993.

A4 Tenders & Quotations

1. To invite, evaluate and report on public tenders in accordance with Council’s Procurement Policy and related procedures.

2. To invite, evaluate and accept oral and/or written quotations in accordance with Council’s Procurement Policy and related procedures.

3. To determine the method of calling of tenders in accordance with Clause 166 of the Local Government (General) Regulation 2005.

A5 Tenders - Opening

To act as the appropriate person in accordance with Clause 175 of the Local Government (General) Regulation 2005 for the opening of tenders received in Council's Tender Box.

A6 General Authorities - Power of Entry to any premises

Subject to compliance with the requirements of the Local Government Act 1993, (Chapter 8, Part 2) and Regulations and the Environmental & Planning and Assessment Act 1979 (Part6, Division 1A), and any expressed policy of the Council, or regulation of any public authority concerned other than the Council, to exercise or perform on behalf of the Council the following powers, duties and functions:

1. At any reasonable hour to enter and examine any premises, vehicles, vessels or articles situated within the Council area of Ku-ring-gai for any purpose relating to the administration of the Local Government Act 1993, the Environmental Planning and Assessment Act 1979, the Food Act 2003 and all other Acts which the Ku-ring-gai Council is required by law to administer.

2. To issue or serve all orders, lay informations and complaints and take, institute or commence all proper proceedings, actions and prosecutions against all persons committing any offences under relevant Acts and Regulations lawfully given and which may be dealt with by Ku-ring-gai Council.

A7 Urgent Works

To approve work which is considered urgent and in the public interest, and for which there is no budget provision but where funds are available within the Department voted funds as set out in the adopted Management Plan. Where such expenditure occurs, it be reported to the next Council Meeting.

A8 Protection of the Environment Operations Act 1997

To appoint, and exercise the functions of, an authorised officer under Chapter 7 of the Protection of the Environment Operations Act 1997.

A9 Appeals - Discretion to Negotiate

When Council is the respondent to any appeal or application before the Land and Environment Court, after obtaining the advice of the Solicitors for the Council, to negotiate settlement of such appeal or application on terms which in the opinion of the General Manager are likely to be more advantageous to the Council than a decision or award by the Land and Environment Court PROVIDED THAT the General Manager shall report any such settlement of any such appeal or application to the next meeting of Council.

A10 Abandoned Articles

To appoint, and act as "impounding officer" and to exercise the powers conferred by the Impounding Act 1993 including in respect of any article (including a motor vehicle) abandoned or left unattended in a public place and to deal with that article in accordance with that Act.

A11 Disposal of Old Stock, Plant, Tools etc

1. To authorise the disposal or destruction of stores and materials that have deteriorated, or become damaged or are surplus to requirements and are therefore unusable.

2. To authorise the destruction of old stock and small items of plant that have worn out, or become damaged, and therefore are unusable.

3. To authorise the disposal of old stock, tools, plant, other assets etc, by the calling and acceptance of quotations, tenders or by other approved means of disposal in accordance with Council’s Asset Disposal Policy.

A certified list of all such items disposed of or destroyed shall be submitted to the Director Corporate for the adjustment of records.

A12 Care, Control & Management of all Public Parks, Reserves, Recreation Areas & Free Parking Areas.

Pursuant to Part 2 of Chapter 16 of the Local Government Act 1993 and Section 650 of the Local Government Act 1993 to:

1. Act on behalf of Council in determining the nature and extent of appropriate activities in a public place and the placement of appropriate notices in accordance with Chapter 16 of the Local Government Act 1993.

2. Act on behalf of Council in the removal of offenders in accordance with Section 681 of the Local Government Act 1993.

3. Act on behalf of Council with respect to the confiscation of recreational equipment in accordance with Section 681A of the Local Government Act 1993.

4. Act on behalf of Council as Manager of Crown Reserve Trusts where Council has been appointed by the Minister for Land and Water Conservation under the provisions of the Crown Lands Act 1989.

5. Act on Council's behalf to regulate the use and management of Community Land in accordance with the provisions of Section 35 of the Local Government Act 1993.

6. Act on Councils behalf to approve, approve subject to conditions, or refuse applications for use of public open space for activities which are consistent with the relevant Plans of Management and Council Policy.

7. Act on Council's behalf to approve, subject to conditions, or refuse applications for use of public open space for activities which are consistent with the relevant Plans of Management and Council Policy.

A13 Emergency Management

1. To act on Council's behalf in fulfilling the duties and obligations for emergency management at a district level as prescribed in Part 2 Division 2 of the State Emergency and Rescue Management Act 1989; including to act as Council's representative on the Sydney North District Emergency Management Committee.

2. To act on Council's behalf in fulfilling the duties and obligations for emergency management at a local level as prescribed in Part 2 Division 3 of the State Emergency and Rescue Management Act 1989; including to act as the Chairperson of that Local Emergency Management Committee or as the Local Emergency Management Officer, as appropriate, in accordance with the agreement with Hornsby Council.

A14 Roads & Traffic

1. To act on Council's behalf to administer and implement the traffic management arrangements delegated by the Roads & Traffic Authority to Council under the Transport Administration Act 1988; including:

to issue works instructions to the Roads and Traffic Authority of New South Wales or other service provider for constructing, erecting, affixing or removing a traffic control facility authorised by Council.

2. To act on behalf of Council as the Roads Authority in accordance with the provisions of Section 7 of the Roads Act 1993 for all public roads for which Council is the owner, including carrying out works, regulating traffic, controlling the carrying out of activities and other operational functions as conferred by that Act or any other Act.

3. To act on Council's behalf to administer and implement the financial arrangements agreed between the Roads & Traffic Authority and Council for road management under Part 13 Division 1 of the Roads Act 1993.

4. To act on Council's behalf to issue, or serve, notices pursuant to the provisions of Section 103 of the Roads Act 1993.

A15 Fire Management

1. To act on behalf of Council to perform the duty with respect to preventing bushfires as prescribed in Part 4 Division 1 of the Rural Fires Act 1997.

2. To act on behalf of Council to require bushfire hazard reduction according to Part 4 Division 2 of the Rural Fires Act 1997.

3. To act on behalf of Council to deal with bushfire hazard complaints according to Part 4 Division 2A of the Rural Fires Act 1997.

4. To act on behalf of Council to vary the bushfire danger period under Part 4 Division 4 of the Rural Fires Act 1997.

5. To act on behalf of Council to refuse, approve, or approve with conditions the lighting, use or maintenance of a fire under Part 4 Division 5 of the Rural Fires Act 1997.

6. To act on behalf of Council to perform the duties with respect to total fire bans as prescribed in Part 4 Division 6 of the Rural Fires Act 1997.

7. To act on behalf of Council to perform the duties with respect to lighting fires without authority (offences) as prescribed in Part 4 Division 7 of the Rural Fires Act 1997.

8. To act on behalf of Council to perform the duties with respect to preventing bushfires as prescribed in Part 7 of the Rural Fires Act 1997.

9. To act on behalf of Council to perform the duties with respect to preventing bushfires as prescribed in Rural Fires Regulation 2002, Part 4, Divisions 1, 2 and Part 6.

A16 Notices in Parks

To authorise erection and display of notices and signs in parks and reserves, etc.

A17 Parking on Footways

To initiate actions, including prosecutions, against persons responsible for the parking of motor vehicles on footways, where such parking contravenes the NSW Road Rules 2008.

A18 Fencing - Private Land below level of road - Service of Notices

To issue, or serve, notices pursuant to the provisions of Section 103 of the Roads Act 1993, requiring the fencing of any entrance, area, garden or other open space adjoining the footway or roadway, where such entrance, area, garden or open space is beneath the level of the footway or roadway.

A19 Use of Public Parks, Reserves & Playing Fields

To act on Council's behalf to approve, approve subject to conditions, or refuse applications for use of public open space for activities which are consistent with the relevant Plans of Management and Council Policy.

A20 Load Limits - Legal Proceedings

1. To stop vehicles on public roads, check the gross weight of such vehicles and determine whether such vehicles comply with any load limit imposed upon the road.

2. To institute legal proceedings and to conduct prosecutions under the provisions of the Roads Act 1993.

A21 Bad Debts

To approve the writing off of any debts subject to Clause 213 of the Local Government (General) Regulation 2005 to the limit of $10,000.

A22 State Environmental Planning Policy No 1

To approve, with or without conditions, or refuse, objections made under State Environmental Planning Policy No 1 (Development Standards) in respect of variations to development standards not exceeding 10% of any numeric standard.

A23 Grants

To apply for and accept grants in accordance with any Council plans or policies.

A24 Renewal of Consents

To approve or refuse, with or without conditions, applications submitted under Section 95A of the Environmental Planning and Assessment Act 1979 for extensions of the term of Development consents in accordance with the requirements of that Act; but notwithstanding the foregoing, no approval shall be granted where changes in any newly proclaimed Environmental Planning Instrument have occurred and where the Council by resolution has adopted a strategy plan which would conflict with the application in respect of which an extension or renewal of development consent is being sought.

A25 Strata Title

To approve or refuse applications submitted for Strata Plan, Strata Plan of Subdivision of properties or Community Title of properties and to approve or refuse applications made for alterations to by-laws under the Strata Schemes Management Act 1996 or Community Land Management Act 1989, provided however, that in the event of approval the proposed Strata Plan or Community Titles Plan accords with the requirements of the various acts, relating to the circumstances of the case and the public interest, and subject further to signing and issuing of Strata Plan or Strata Plan of Subdivision or Community Title Plan by the General Manager.

A26 Cash Contributions

To enter into a time payment arrangement with a contributor as a result of a condition of a Development Consent or Order of the Land and Environment Court in exceptional circumstances on the following conditions:

1. That the contributor provides a Bank Guarantee of any amount, the payment of which is deferred.

2. That interest at the rate of 2% per annum above ruling bank overdrafts be charged upon reducing balance outstanding.

3. That the Director Corporate be immediately advised of such decision.

A27 Re-draft Conditions for Approvals/Consents

To re-draft conditions for approvals/consents so as to re-word phrases, etc that might be capable of a different interpretation and to make clear the intention of the Committee or Council and to review standard conditions of consent to respond to legislative changes.

A28 Development Applications Lacking Sufficient Information

To refuse all development and related applications in respect of which insufficient information has been submitted to allow a full and proper assessment pursuant to Section 79C of the Environmental Planning & Assessment Act 1979.

A29 Merit-based Refusal of Certain Applications

To refuse development applications (except applications called to Council by a Councillor) that on merit would warrant refusal.

A30 Local Development - Section 76A Environmental Planning & Assessment Act 1979

To approve with or without conditions or to refuse applications for development which are classified as Local Development in any Environmental Planning Instrument, provided that the delegate shall not approve any application:

a. which is an application for multiunit housing in the Residential 2(d3), R3 Medium Density Residential or R4 High Density Residential zones

b. which is an application for development under SEPP Seniors Living

c. which is an application for Torrens Title subdivision upon land:

- that is within a “hatched area” on Council’s Bushfire Prone Land Map

- that contains a heritage item

- that contains remnant bushland vegetation or endangered ecological species

d. which is an application for any other Torrens Title subdivision, which creates four or more additional allotments

e. which is an application for a gunshop/fire arms retailing or a business that requires licensing under the Firearms Act 1996

f. which is the subject of a written request by the Director Development & Regulation, General Manager or by any Councillor, for the application to be referred to Council

g. which conflicts with the aims and objectives of Council's policies, codes and guidelines.

A31 Review of Determination - (S82A, S82B and S96AB Environmental Planning & Assessment Act 1979)

1. To review a determination under section 82A, 82B or 96AB of the Environmental Planning and Assessment Act 1979 other than where the decision is the subject of a written request by the Director Development and Regulation, General Manager or by any Councillor, for the application to be referred to Council.

2. To waive the fee for a request for a review of minor significance.

A32 Complying Development - Sections 85 & 85A Environmental Planning & Assessment Act 1979

Subject to Section 76A (5) of the Act, to determine applications for complying development and issue or refuse complying development certificates on developments that are identified in environmental planning instruments as complying development and to apply conditions.

The delegate shall not approve applications:

Which do not comply with the prescribed standards or the aims and objectives of Council's policies, codes and guidelines.

A33 Integrated Development - Division 5 Environmental Planning & Assessment Act 1979

To consider all applications for integrated development and discharge the functions and duties under Division 5 of the Act. The delegate shall not approve any application:

Which is the subject of a written request by the Director Development & Regulation, General Manager or by any Councillor, for the application to be referred to Council.

A34 Modification of Consents - Section 96 Environmental Planning & Assessment Act 1979

1. Section 96(1)

To modify (on application) a development consent to correct a minor error, misdescription or miscalculation.

2. Section 96(1A) and (2) and Section 96AA

To otherwise determine applications for modification for consents subject to the restrictions of the Act. The delegate shall not approve any application which is the subject of a written request by the Director Development & Regulation, General Manager or by any Councillor, for the application to be referred to Council.

A35 Part 4A Certificates - Section 109C Environmental Planning & Assessment Act 1979

a. To issue Compliance Certificates - to the effect that:

i. specified building work or subdivision work has been completed as specified in the certificate and complies with specified plans and specifications, or

ii. a condition with respect to specified building work or subdivision work (being a condition attached to a development consent or complying development certificate) has been duly complied with, or

iii. a specified building or proposed building has a specified classification identified in accordance with the Building Code of Australia, or

iv. any specified aspect of development complies with the requirements of any other provisions prescribed by the regulations.

b. To issue Construction Certificates - being a certificate to the effect that work completed in accordance with specified plans and specifications will comply with the requirements of the regulations referred to in Section 81A.

c. To issue Occupation Certificates(if Council is appointed as Principal Certifying Authority)

- being a certificate that authorises for Class 2 to 9 buildings only:

i. the occupation of a new building, or

ii. a change of building use for an existing building.

d. To issue Subdivision Certificates* (interim or final, if Council is appointed as Principal Certifying Authority) - being a certificate that authorises the registration of a plan of subdivision under Division 3 of Part 23 of the Conveyancing Act 1919.

A36 Certificates

To issue certificates under the Local Government Act 1993, the Environmental Planning and Assessment Act 1979 and any other act.

A37 Giving of Orders - Part 6, Division 2A Environmental Planning & Assessment Act 1979

To issue orders pursuant to the Table in Section 121B of the Act subject to the restrictions and procedures specified in the Part except orders that are likely to make persons homeless.

A38 Giving of Orders which are likely to make persons homeless - Part 6, Division 2A Environmental Planning & Assessment Act 1979

To issue orders which are likely to make persons homeless.

A39 Certificates as to Orders - Section 121ZP Environmental Planning & Assessment Act 1979

To issue certificates regarding any outstanding orders or notices of intention to issue orders.

A40 Issue of Building Certificates - Section 149A Environmental Planning & Assessment Act 1979

To issue building certificates pursuant to the requirements of the Act.

A41 Applications for Approval - Alterations to Existing Buildings

To exercise or perform on behalf of the Council all powers, authorities, duties and functions of the Council pursuant to Clause 41 of the Environmental Planning and Assessment Regulation 2000 including, and without limiting the generality of the foregoing, the power to form any opinions as the certifying authority required to be formed by the said clause to permit alterations to existing buildings where the certifying authority is satisfied that completion of the building work:

1. Will not unduly reduce the existing level of fire protection afforded to persons accommodated in or resorting to the building;

2. Will not unduly reduce the existing level of resistance to fire of the building structure; and

3. Will not unduly reduce the existing safeguards against spread of fire to adjoining buildings.

A42 Applications for Approval – Activities and Structures

To exercise or perform on behalf of the Council all powers, authorities, duties and functions of the Council pursuant to Section 68 of the Local Government Act 1993.

A43 Development Applications - Notification to Persons other than Adjoining Owners

To form an opinion as to which persons other than adjoining and adjacent owners need to be notified of the receipt of a Development Application pursuant to the provisions of and in accordance with Council's Development Control Plan 56 - Notification.

A44 Fire Protection in Existing Buildings - Orders & Notices

To make and serve orders pursuant to Clause 121B of the Environmental Planning and Assessment Act 1979, as amended, and to specify periods for the purposes of that Section.

A45 Septic Tanks - Installation of

To approve, refuse or approve with conditions applications for septic tanks, septic closets, chemical closets pursuant to Local Government Act (General) Regulation 2005 and the Approvals Table of Chapter 7 of the Local Government Act 1993.

A46 Swimming Pools - Fencing of

To exercise and perform on behalf of the Council all powers, authorities, duties and functions of the Council pursuant to the Swimming Pools Act 1992, including and without limiting the generality of the foregoing, the power to form any opinions required to be formed by the said Act order that the powers granted by the said Act may be exercised with discretion in the administration of Council's Pool Safety requirements consistent with the maintenance of reasonable public safety, having regard for individual circumstances, and so that unreasonable situations do not arise, and to issue and serve any notices authorised by the said Act and to make any specifications authorised by the said Act and to revoke any directions given by the Delegate under the said Act.

A47 Tree Preservation Order - Development Applications

1. To administer the Tree Preservation Order in respect of any development application or tree removal application, and to form any opinion required in connection with, and provide advice in relation to, the protection of trees and other vegetation.

2. In dealing with development applications, to impose conditions of consent and to exercise discretion pursuant to the requirements of the Tree Preservation Order for the protection of buildings, essential services and associated works in respect to the removal of trees, replacement plantings, screen planting, protection of trees not affected by building works.

A48 Environmental Restoration & Rehabilitation Trust

To act as Council's Delegate to enable the authorisation of expenditure in compliance with the procedures and conditions of the approved release of funds by the Trust for the purpose of receiving the prevention, control and removal of serious pollution occurrences.

A49 Grant/Fee Relief

To authorise on-going grant and fee relief returns to government funding programs.

A50 Council-operated Child Care Services

To act as licence holder for child care services operated by Council.

A51 Determination of Development Applications for Dual Occupancy Subdivision

To approve or refuse development applications for the subdivision of existing and/or approved dual occupancies unless the application is the subject of a written request by the Director Development & Regulation, General Manager or by any Councillor, for the application to be referred to Council.

A52 Determination of Development Applications for Dual Occupancies

To approve or refuse development applications for dual occupancies unless the application is the subject of a written request by the Director Development & Regulation, General Manager or by any Councillor, for the application to be referred to Council.

A53 Breach of Water Restrictions

To grant approval for regulatory officers of Council to issue infringement notices for breach of water restrictions.

A54 Rating

In respect of the Local Government Act 1993:

1. to certify and issue certificates as to rates and charges in accordance with Section 603 of the Act.

2. to determine in accordance with Sections 555 & 556 of the Act, whether land is exempt from all rates.

3. to determine applications for rating categorisation under Sections 523 and 525.

4. to waive or reduce rates, charges and interest for eligible pensioners in accordance with Council’s Policy and Section 575 of the Act.

5. to write off pensioner rates, charges and interest reduced in accordance with Section 583 of the Act.

6. to reduce rates to eligible pensioners in accordance with Council's policy and Section 582 of the Act.

7. to postpone rates for assessments that qualify in accordance with Section 591 of the Act.

8. to write off or reduce accrued interest on rates and charges under Section 564 (periodic payments); write off accrued interest on rates and charges under Section 567 (hardship); write off rates, charges and accrued interest under Section 595 (postponed rates); write off rates, charges and accrued interest under Section 607. For the purposes of Regulation 131 of the Local Government (General) Regulation 2005, the amount above which rates and charges may be written off only by resolution of Council is $100.

A55 Council Owned, Leased, Licenced & Managed Land

To take all appropriate actions to protect Council's interests in relation to any land (or interest in land) owned, vested in, leased or licenced by the Council and to exercise on Council's behalf any rights available to the Council under any lease, licence or right of occupancy of land whether the land is owned or managed by the Council as Reserve Trust Manager or the land is leased, licenced or occupied by the Council.

The exercise of such rights shall include the right to lease or licence any such land in accordance with any limitations imposed under the Local Government Act 1993, the Roads Act 1993 and the Crown Lands Act 1989, to terminate any such lease or licence, to re-enter and take possession of any such land and to exercise any rights available to the Council in respect of such land whether arising under legislation, the instrument creating such right or by law.

A56 Functions under the Noxious Weeds Act 1993

To undertake all requirements of the Noxious Weeds Act 1993 including conducting inspections and investigations, issuing weed control notices and issuing penalty notices in accordance with the provisions of the Act.

A57 Public Notices Policy

To determine an approved form of public notice in accordance with the Public Notices Policy where no approved form is otherwise prescribed or determined by Council.

A58 Execution of documents

To execute all contracts, agreements, leases, licences and all other legal documents not otherwise authorised for execution by a specific resolution of Council under the Local Government Act 1993

A59 Council Seal

To have custody of the Seal of Council and to affix and attest to the affixing of the Seal of Council in conjunction with the Mayor, or in the absence of the Mayor, with any Councillor, to all deeds, agreements, contracts, leases, licences, transfers, instruments, certificates, easements, plans, ceremonial correspondence and any other document required by law to have the seal affixed.

A60 Disclosures – Determine Designated Persons

To determine the list of "designated persons" under Section 441 of the Act in relation to disclosures of interests.

A61 Claims made against Council

To negotiate and settle claims made against Council that are less than Council’s insurance excess under fair and reasonable terms.

A62 Grant Access To Council Information - Detemine Internal Reviews

To process and determine requests for internal reviews by applicants to previously determined applications under the Government Information (Public Access) Act 2009 or any other Act.

A63 Amendment To Records - Determine Applications

To determine applications to amend records and to review conduct under the Privacy and Personal Information Protection Act 1998, the Health Records and Information Privacy Act 2002 and any other Act.

A64 Records management

To authorise the disposal of any Council records in accordance with the provisions of the Disposal Schedule for Local Government Records, State Records Act 1998, or any other Act.

A65 Investments

To make investments on behalf of Council in accordance with any Ministerial Order and Council’s Investment Policy.

A66 Street names and house numbers

To approve street names and allocate and change house numbers.

A67 Regulatory Functions

To appoint authorised officers, law enforcement officers and appropriate officers (as the case may be) under the following Acts:

a. Companion Animal Act 1998

b. Fines Act 1996

c. Public Health Act 2010

d. Roads Act 1993

e. Rural Fires Act 1997

f. Swimming Pools Act 1992

g. Road Transport (Vehicle and Driver Management) Act 2005

A68 Powers as Authority

To exercise of powers as “local authority”, “public authority”, “regulatory authority”, “local control authority”, “local government authority”, “impounding authority”, and “appropriate roads authority” (as the case may be) under the following Acts:

a. Companion Animal Act 1998

b. Fines Act 1996

c. Impounding Act 1993

d. Protection of the Environment Operations Act 1997

e. Public Health Act 2010

f. Road Transport Act 2013

g. Road Transport (Vehicle and Driver Management) Act 2005

Ordinary Meeting of Council - 13 August 2013	GB.3 / 83

Item GB.3	DA0537/12
	19 July 2013

development application

Summary Sheet

Report title:	90 Springdale Road, East Killara
ITEM/AGENDA NO:	GB.3

Application No:	DA0537/12
Property Details:	90 Springdale Road, East Killara Lot & DP No: Lot 1 DP 923313 Site area: 2457m2 Zoning: Residential 2(b)
Ward:	Gordon
Proposal/Purpose:	Demolition of sheds and animal enclosures, construction of driveway, installation of stormwater infrastructure and Torrens title subdivision of one lot into two.
Type of Consent:	Local
Applicant:	Mr James Coffey and Mrs Kim Coffey
Owner:	Mrs Kim Coffey
Date Lodged:	17 December 2012
Recommendation:	Approval.

Purpose of Report

To determine development application No. DA0537/12 which seeks approval for the demolition of sheds and animal enclosures, construction of a driveway, installation of stormwater infrastructure and Torrens title subdivision of one lot into two. The application is reported to Council as it proposes Torrens title subdivision of land that contains an endangered ecological community.

Executive Summary

The development application is for the demolition of sheds and animal enclosures, construction of a driveway, installation of stormwater infrastructure and Torrens title subdivision of one lot into two. Proposed Lot 1 is a regularly shaped allotment which will have frontage to Springdale Road and contain the existing dwelling and garage. Proposed Lot 2 is a battleaxe allotment with vehicle access via an extension to the existing driveway which is adjacent to the western side boundary of the site. The proposal complies with the subdivision requirements of the Ku-ring-gai Planning Scheme Ordinance and the objectives of Development Control Plan No. 38.

The site contains several trees which are representative of the endangered ecological community Sydney Turpentine Ironbark Forest. Tree removal is not proposed to be carried out as part of the subject application but will be carried out under an existing development consent which applies to the site. The landscape character and ecological values of the site are proposed to be restored through the implementation of a landscape plan which has been endorsed by Council’s Ecological Assessment Officer and Senior Landscape Assessment Officer.

History

DA1457/01

On 4 July 2002, Council approved a development application for demolition, alterations and additions to the existing dwelling and construction of a new tennis court and a swimming pool on the subject site. The approved works include:

· extension to eastern side of family and meals room to create a new kitchen

· extension to northern side of family and meal rooms to create a rumpus room

· two storey extension to the western side of the building including two bedrooms and a bathroom at first floor level and a tandem garage at ground floor level

· demolition of existing swimming pool and construction of new swimming pool and spa

· demolition of detached garage

· removal of trees and sheds and the construction of a tennis court

· construction of a gazebo adjacent to the western boundary

MOD0122/07

On 26 June 2007 a section 96 application to modify DA1457/01 was refused as insufficient information had been submitted to demonstrate that the development consent had been physically commenced prior to the lapsing date.

REV0032/07

The decision to refuse MOD0122/07 was overturned as evidence was provided which demonstrated that the development consent had been physically commenced prior to the lapsing date.

MOD0045/10

A further section 96 application to modify the development consent to DA1457/01 was approved on 7 April 2010.

Current DA History

17 December 2012 application submitted

20 December 2012 application placed on notification

7 February 2013 applicant requested to address, the following issues:

· accuracy of the site plan

· inadequate plans and insufficient information relating to physical works

· status of tennis court and DA1457/01

· concern with access handle width

· additional information and clarification of landscape issues

· additional engineering plans and information

14 February 2013 end of notification period

22 February 2013 the applicant advised of issues identified by Council’s Ecological Assessment Officer

26 February 2013 the applicant advised that the response to Council’s letter of 7/02/2013 had been put on hold due to the issues identified by Council’s Ecological Assessment Officer

27 February 2013 Council’s Ecological Assessment Officer reconsiders his position and does not raise any concerns. The applicant advised that the information requested on 7/02/2013 should be submitted to Council by 13/03/2013.

4 March 2013 Applicant advised that preparation of additional information was delayed due to the initial comments of Council’s Ecological Assessment Officer but the information will be submitted by 18/03/2013

30 April 2013 additional information submitted

3 May 2013 additional information submitted

31 May 2013 the applicant is advised that the provisions of LEP 218 have not been adequately addressed and a landscape restoration plan is required

20 June 2013 landscape plan submitted

The Site

Site description

The site is legally described as Lot 1 in DP 923313 and is known as 90 Springdale Road, East Killara. The site is located on the northern side of Springdale Road. The site is a rectangular shaped allotment with a total area of 2,457m2 and a street frontage of 24.385m. The front boundary of the site is parallel to the alignment of Springdale Road and is set at a slight angle to the rear boundary which is perpendicular to the side boundaries. The eastern boundary has a length of 105.893m and the western boundary has a length of 100.585m.

The front half of the site is relatively level and contains a two storey dwelling which has an ‘L’ shaped footprint. The rear wing of the house is single storey in height and a swimming pool is located behind the covered patio which wraps around the rear elevation of the dwelling. Behind the swimming pool is a detached double garage with a paved driveway which runs from the front boundary to the rear wall of the dwelling. The area between the end of the driveway and the concrete apron of the detached garage is lawn. To the north of the garage, the site is relatively undeveloped and contains two sheds, animal enclosures, trees and lawn.

Surrounding development

The adjoining sites to the west include a rectangular allotment with frontage to Springdale Road known as 88 Springdale Road which contains a single storey dwelling and a battleaxe allotment known as 86 Springdale Road which also contains a single storey dwelling. The adjoining sites to the east include four allotments which have frontage to Larchmont Avenue known as 2-8 Larchmont Avenue and one allotment with frontage to Springdale Road known as 92 Springdale Road. The allotment which is adjacent to the rear boundary of the site has frontage to Monmouth Avenue and is known as 4 Monmouth Avenue.

The Proposal

Proposed Lot 1 is a regularly shaped allotment which will have frontage to Springdale Road and contain the existing dwelling and garage. The allotment has an area of 1027m2. Proposed Lot 2 is a battleaxe allotment with vehicle access via an extension to the existing driveway which is adjacent to the western side boundary of the site. The allotment has an area of 1170.8m2 and the access handle has a width of 4.6m.

Consultation

Community

In accordance with Development Control Plan No. 56, owners of surrounding properties were given notice of the application. In response, submissions from the following were received:

1. Mr P McAlister & Dr F O’Leary of 8 Larchmont Avenue East Killara

2. Alan & Norman Croker of 6 Larchmont Avenue East Killara

3. Mr A Welch of 4 Larchmont Avenue East Killara

The submissions raised the following issues:

Removal of trees would reduce beneficial shading and increase water and energy usage.

The removal of the trees at the rear of the site was approved under a separate development application which is still valid.

The construction of a new dwelling on the proposed lot may result in drainage issues.

Council’s Development Engineer has advised that the stormwater concept plan demonstrates that the proposed lot can be drained to Springdale Road. The proposal complies with the requirements of DCP 47 – Water Management.

The construction of a new dwelling on the proposed lot may result in increased noise, both during construction and long term.

The current DA does not propose construction of a new dwelling but conditions could be included in any future application for the construction of a dwelling to limit noise impacts during construction.

The rear of the property should be purchased by adjacent property owners in order for it to be declared a reserve.

Subdivision is a permissible form of development in the zone and the proposal complies with the minimum allotment size specified by the KPSO. The site is not land reserved for the purposes of open space.

The application does not address the biodiversity provisions of LEP 218.

Council’s Ecological Assessment Officer has assessed the proposal against the biodiversity provisions of LEP 218 and has determined that the proposal is consistent with the requirements of the LEP, subject to the implementation of the landscape plan.

The taking up of the previous development consent DA1457/01 places obligations on the application regarding significant planting adjacent to the tennis court. The application seeks to take advantage of the tree removal approved under DA1457/01 but does not include the significant new planting also required by this DA.

A construction certificate was issued for part of the works approved under DA1457/01 on 28 June 2005 and the works were physically commenced shortly after this date. The applicant advised Council by letter dated 23 April 2013 that prior to the registration of the subdivision they intend to remove the trees on proposed Lot 2 that were approved for removal in the consent to DA1457/01. The applicant has suggested that the development consent for DA1457/01 will be surrendered to Council prior to registration of the subdivision.

If the development consent for DA1457/01 is surrendered following the registration of the subdivision, the landscape replenishment works also approved under DA1457/01 will not be carried out. It is considered that it would be inappropriate and inconsistent with the requirements of LEP 218 and DCP 38 for tree removal to occur in the absence of a landscape replenishment plan. Such a plan was requested from the applicant and was submitted to Council on 20 June 2013, the submitted landscape replenishment plan is considered acceptable.

Deferred commencement is recommended which requires that the development consent to DA1457/01 must be surrendered prior to any consent to the current DA becoming operative.

Amended plans

The Landscape plan submitted on 20 June 2013 did not require notification as it did not increase the environmental impact of the development, however the landscape plan was available for viewing on Council’s website and a submission from A Welch of 4 Larchmont Avenue East Killara was received: The submission raised the following issues:

If the DA is approved, implementation of the works included in the Landscape Plan (LP01B) should be required as a condition of the approval. This will ensure that the applicant complies with the Landscape Plan.

The landscape plan forms part of the development application and is listed in Condition 1 of the recommendation.

The DA approval should include a requirement that the landscaping proposed under LP01B be completed prior to the issue of the subdivision certificate. This will ensure that the proposed landscaping is completed prior to any further development of Lot 2.

The landscape plan is part of the current subdivision application. The final stage of a subdivision application is the issue of a subdivision certificate. The works described on the landscape plan are required to be implemented prior to the issue of the subdivision certificate.

Confirmation is sought from the applicant that there are a number of trees shown on LP01B which have not been listed in the “Existing Tree Schedule From DA 1457/01” and that these trees are required to be retained. The Existing Tree Schedule From DA 1457/01 notes which trees are to be removed or retained and, as these trees have not been shown for removal, they are required to be retained. This will ensure there is no misunderstanding later. At the rear of Lot 2 there are four trees which have not been numbered i.e. included in Existing Tree Schedule. One of these trees is in Area A so it may be worth clarifying.

The landscape plan does not seek the removal of any trees, all tree removal is proposed to be carried out in accordance with the development consent for DA1457/01. Existing trees which are shown on the landscape plan but are not identified as being retained or removed are only able to be removed if they are exempt from Council’s Tree Preservation Order, however all proposed planting is required to be maintained at all times.

Within Council

Ecology

Council’s Ecological Assessment Officer commented on the amended proposal as follows:

Site inspections were undertaken of the subject property on 14 and 15 February 2013.

During the site inspections very little native vegetation was encountered. Native vegetation was restricted to a scattered tree canopy within a highly modified understorey. The following native canopy trees were identified: Eucalyptus haemastoma (Scribbly Gum), Corymbia gummifera (Red Bloodwood) and Pittosporum undualtum (Sweet Pittosporum). Other non-endemic native trees recorded were Melaleuca stypheloides (Prickly-leaved Tea-Tree) & Melaleuca armillaris (Bracelet Honey-myrtle). The Red Bloodwood, Scribbly Gum and Sweet Pittosporum are considered to be part of the Sydney Turpentine Ironbark Forest (STIF) an endangered ecological community (EEC) listed under the Threatened Species Conservation Act 1995.

The proposed subdivision nominates a notional dwelling footprint location upon the newly created lot. The nominated dwelling footprint would result in the removal of one Scribbly Gum, two Sweet Pittosporums and would impact upon two Red Bloodwoods due to major encroachments of the dwelling footprint within the tree protection zone (TPZ).

The rear of the property forms part of an area of biodiversity significance under LEP 218. The following clause is applicable to the area within the rear identified as Biodiversity protection [local] on the biodiversity map.

Clause 6.3 – Biodiversity protection [local] - sets out provisions requiring future development to demonstrate that biodiversity and ecological processes are protected and enhanced. The areas subject to this clause are identified in the Natural Resource – Biodiversity Map.

A current consent DA1457/01 for alterations and additions and tennis court has already been activated. The works completed to date are the alterations and additions; the tennis court has not been built.

Under the consent to DA1457/01 a number of trees in the area occupied by the proposed tennis court and which comprise part of the area identified as Biodiversity Protection (local) have been approved for removal. These trees are likely to be affected by the construction of a future dwelling upon proposed Lot 2, however the trees have already been approved for removal under DA1457/01.

As the previous consent relied upon compensatory landscape measures to offset the tree removal associated with the construction of the tennis court, the applicant has prepared a detailed landscape plan which proposes native landscaping. The native landscaping will help mitigate the loss of canopy trees and the planting of shrubs and groundcovers will enhance the native vegetation within the site.

The application is supported, subject to conditions.

Landscaping

Council's Landscape and Tree Assessment Officer has commented on the amended proposal as follows:

Landscape plan – new lot

The landscape plan for the new lot and the landscape plan for the existing lot, DA 300 Revision B by RJP Design dated 10/04/13, are acceptable.

As the landscape plan for Lot 2 indicates screen planting within the access handle then the previously recommended condition requiring screen planting is no longer required.

Conclusion

The Landscape Section finds the proposal acceptable.

Engineering

Council's Development Engineer commented on the proposal as follows:

An amended Concept Stormwater Management Plan, Job No: 108170, Dwg No: D1 and D2, Issue “B” dated 23/04/13 prepared by Storm Civil Engineering Solutions has been submitted. The Plan shows that Lot 1 is to drain separately to the street to avoid the creation of an easement, which is acceptable.

A driveway longitudinal-section has been submitted that demonstrates that all changes in grade (transitions) comply with Australian Standard AS2890.1:2004. to prevent the scraping of the underside of vehicles. The driveway gradient complies with Australian Standard AS2890.1:2004.

A Construction Certificate will be required for the new drainage system and driveway in the battleaxe handle for Lot 2. The drainage system would have to be constructed before the Subdivision Certificate (linen plan) is released. This has been conditioned.

From an engineering perspective there are no objections to the proposed subdivision.

Statutory Provisions

State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case

Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005

SREP 2005 applies to the site as the site is located in the Sydney Harbour Catchment. The Planning Principles in Part 2 of the SREP must be considered in the preparation of environmental planning instruments, development control plans, environmental studies and master plans. The proposal is not affected by the provisions of the SREP which relate to the assessment of development applications as the site is not located in the Foreshores and Waterways Area as defined by the Foreshores and Waterways Area Map.

Ku-ring-gai Planning Scheme Ordinance

Part A: Development standards

Proposed Lot 1:

Development standard	Proposed	Complies
Site area: 1027.6m²
Minimum size allotments
Site area: 836m²(min)	1027.6m²	YES
Site width: 18m (min)	19.19m	YES
Built upon area 60%(616.5m²)(max)	53.5% (550m²)	YES

Proposed lot 2:

Development standard	Proposed	Complies
Site area: 1170.8m²
Minimum size allotments
Site area: 1170m²(min) (excluding access handle)	1170.8m²	YES
Access handle: 4.6m (min)	4.6m	YES
Built upon area 60%(616.5m²)(max)	21%	YES

Part B: Aims and objectives for residential zones:

The proposal is consistent with the aims and objectives for residential development as outlined by Schedule 9.

Draft Ku-ring-gai Local Environmental Plan 2013

The draft LEP was on exhibition from 25 March 2013 to 6 May 2013. The site is zoned R2 Low Density Residential under the draft LEP and subject to a minimum allotment size of 840m². The proposal is permissible under the provisions of the draft LEP and complies with the development standard for minimum allotment size.

Local Environmental Plan 218

LEP 218 was gazetted on 5 July 2013 and inserted provisions into the KPSO regarding riparian land, biodiversity and heritage. The site is identified as land of biodiversity significance by LEP 218, accordingly the development is subject to the biodiversity protection clause of the LEP. The objectives of the biodiversity protection clause are to protect, maintain and improve the diversity and condition of native vegetation and habitat.

Prior to granting development consent for development on land identified as having biodiversity significance the following issues must be considered by the consent authority:

(a) the impact of the proposed development on the following:

(i) any native vegetation community,

(ii) the habitat of any threatened species, population or ecological community,

(iii) any regionally significant species of plant, animal or habitat,

(iv) any biodiversity corridor,

(v) any wetland,

(vi) the biodiversity values within any reserve,

(vii) the stability of the land, and

(b) any proposed measure to be undertaken to ameliorate any potential adverse environmental impact, and

(c) any opportunity to restore or enhance remnant vegetation, habitat and biodiversity corridors.

Development consent must not be granted for development on land identified as land of biodiversity significance unless the consent authority is satisfied that the development:

(a) is consistent with the objectives of this clause, and

(b) is designed, and will be sited and managed, to avoid any potential adverse environmental impact or, if a potential adverse environmental impact cannot be avoided:

(i) the development minimises disturbance and adverse impacts on remnant vegetation communities, habitat and threatened species and populations, and

(ii) measures have been considered to maintain native vegetation and habitat in parcels of a size, condition and configuration that will facilitate biodiversity protection and native flora and fauna movement through biodiversity corridors, and

(iii) the development avoids clearing steep slopes and facilitates the stability of the land, and

(iv) measures have been considered to achieve no net loss of significant vegetation or habitat.

The biodiversity significant lands map identifies 920m2 (78%) of proposed Lot 2 as being land which has biodiversity significance. Council’s Ecological Assessment Officer has assessed the proposal and has determined that it would be consistent with the Biodiversity Protection clause of the LEP, subject to the implementation of the submitted landscape plan for Lot 2 which includes the planting of tree, shrub and groundcover species of the endangered ecological community, Sydney Turpentine Ironbark Forest.

Policy provisions

Development Control Plan No. 38 - Ku-ring-gai Residential Design Manual

Development Control	Proposed	Complies
4.1 Streetscape:
Building setbacks (s.4.1.3)
Side setback: Ground floor: 2m(min) 1^st floor: 2.8m (min)	900mm 900mm	NO NO
Rear setback: 12m(min)	22m	YES
4.2 Building form:
FSR (s.4.2.1) 0.36:1 (max)	0.35:1 Total floor space area = 365m2	YES
Building height plane (s.4.2.3) 45⁰ from horizontal at any point 3m above boundary	2.2m projection outside building height plane	NO
Built-upon area (s.4.2.7) 52% (m²) (max)	53.5% (550m²)	N/A – overridden by KPSO built upon area control
4.3 Open space & landscaping:
Soft landscaping area (4.3.3) 48% (min)	46.5%	N/A – overridden by KPSO built-upon area control
Tree replenishment (s.4.3.6) Lot 1 – min. 7 trees Lot 2 – min. 7 trees	7 trees 30 trees	YES YES
Useable open space (s.4.3.8) Min depth 5m and min area 50m²	Depth >5m Area >50m²	YES YES
4.5 Access & parking:
No. of car parking spaces (s.4.5.1) 2 spaces behind building line	2 spaces behind building line	YES
Design of Carports and Garages (s4.5.3) Where forward of the building line, front setback complies with s4.1.3 and/or the building line	Existing garage behind the building line	YES
Carport/garage <6m in width or <40% site width whichever is the lesser	Garage not visible from the street	YES
4.6 Ancillary facilities:
Outbuildings (s.4.6.3)
Setback from boundary: 2m	3m rear setback proposed for garage	YES

Development Control

Proposed

Complies

4.1 Streetscape:

Building setbacks (s.4.1.3)

Side setback:

Ground floor: 2m(min)

1^st floor: 2.8m (min)

900mm

Rear setback: 12m(min)

22m

YES

4.2 Building form:

FSR (s.4.2.1) 0.36:1 (max)

0.35:1

Total floor space area = 365m2

YES

Building height plane (s.4.2.3)

45⁰ from horizontal at any point 3m above boundary

2.2m projection outside building height plane

Built-upon area (s.4.2.7)

52% (m²) (max)

53.5% (550m²)

N/A – overridden by KPSO built upon area control

4.3 Open space & landscaping:

Soft landscaping area (4.3.3)

48% (min)

46.5%

N/A – overridden by KPSO built-upon area control

Tree replenishment (s.4.3.6)

Lot 1 – min. 7 trees

Lot 2 – min. 7 trees

7 trees

30 trees

YES

Useable open space (s.4.3.8)

Min depth 5m and min area 50m²

Depth >5m

Area >50m²

YES

4.5 Access & parking:

No. of car parking spaces (s.4.5.1)

2 spaces behind building line

YES

Design of Carports and Garages (s4.5.3)

Where forward of the building line, front setback complies with s4.1.3 and/or the building line

Existing garage behind the building line

YES

Carport/garage <6m in width or <40% site width whichever is the lesser

Garage not visible from the street

YES

4.6 Ancillary facilities:

Outbuildings (s.4.6.3)

Setback from boundary: 2m

3m rear setback proposed for garage

YES

Part 4.2.7 – Built-upon area and Part 4.3.3 - Soft Landscaping Area

In accordance with subsection 74C (5) of the Environmental Planning and Assessment Act 1979, a provision of a development control plan has no effect to the extent that it is the same or substantially the same as a provision of an environmental planning instrument. The development standard for built-upon area in the Ku-ring-gai Planning Scheme Ordinance is substantially the same as the design controls for built-upon area and soft landscaping area in DCP 38. Accordingly the variations to the design controls for built-upon area and soft landscaping area in DCP 38 cannot be taken into consideration in the assessment of the application as the proposal complies with the development standard for built-upon area in the Ku-ring-gai Planning Scheme Ordinance.

Part 4.1 - Streetscape:

The proposed subdivision will reduce the western side boundary setback of the existing dwelling from 5.5m to 0.9m. The western elevation of the building is two storeys and has a length of 8.5m. The space between the western elevation and the side boundary currently contains a paved driveway with planter beds on each side. The proposed subdivision allows the retention of existing landscaping adjacent to the western side boundary to soften the built form. The visual separation between the existing dwelling and the dwelling on the adjoining site to the west will be retained as the access corridor to the rear allotment will contain a similar driveway to the existing driveway, no structures are located within the access corridor.

Part 4.2 - Building form:

The reduction in the western side boundary setback of the existing dwelling from 5.5m to 0.9m will result in a non compliance with the building height plane control. The objective of the control is to avoid development which has an overbearing effect on adjoining dwellings. The non compliance can be described as purely technical since the separation distance between the existing dwelling and the adjoining dwelling No. 88 Springdale Road will not change as the buildings will be separated by the 4.6m wide access corridor. The access corridor will form a suitable visual break between the existing dwelling and the adjoining dwelling and will ensure that the scale relationship between the dwellings is maintained and that there is no reduction in solar access. In these circumstances the variation to the building height plane control is considered acceptable.

Part 4.3 - Open space & landscaping:

Plans providing details of the canopy replenishment trees required for proposed Lot 1 and Lot 2 have been provided. For proposed Lot 1 the tree planting includes 3 Weeping Lilly Pilly, 1 Bull Bay Magnolia and 1 Chinese Elm. For proposed Lot 2 the tree planting includes 10 Sydney Green Wattle and 20 Turpentines. The landscape plans comply with the requirements of part 4.3.

Development Control Plan No. 47 – Water Management

The requirements of DCP 47 have been considered by Council’s Development Engineer who has advised that the proposal is acceptable, subject to conditions.

Section 94 Plan

Condition 18 requires the payment of the applicable Section 94 development contributions.

Likely Impacts

The likely impacts of the development have been assessed and are considered acceptable having regard to the zoning of the site and the requirements of the planning controls.

Suitability of the Site

The site is considered to be suitable for the proposed development.

Public Interest

The proposal is consistent with the requirements of the planning controls, approval of the application is considered to be in the public interest.

Conclusion

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory. Therefore, it is recommended that the application be approved.

Recommendation:

THAT Council, as the consent authority, grant a deferred commencement development consent to Development Application No. DA0537/12 for ‘Demolition of sheds and animal enclosures, construction of driveway, installation of stormwater infrastructure and Torrens title subdivision of one lot into two’ on land at 90 Springdale Road East Killara, subject to the following conditions:

1. Surrender of development consent (deferred commencement)

Prior to the issue of an operative consent the applicant must surrender the following development consent to Council by submitting a completed copy of Clause 97 of the Environmental Planning and Assessment Regulation 2000:

Development Consent No.	Dated	For:
DA: 1457/01	approved 4 July 2002	Alterations and additions to existing dwelling including a tennis court, swimming pool, cabana and associated landscaping

This consent will not operate until the above development consent has been surrendered.

Reason: To ensure that there is certainty as to the consent applying to the subject land.

Conditions that identify approved plans:

2. 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:

Plan no.	Drawn by	Dated
D1 Issue B	Storm Civil	23/04/13
D2 Issue B	Storm Civil	23/04/13
D3 Issue B	Storm Civil	23/04/13
DA100 Revision B	RJB Design	10/04/13
DA200 Revision B	RJB Design	10/04/13
DA300 Revision B	RJB Design	10/04/13
LP01 Issue B	Site design studios	18/06/13

Document(s)	Dated
Waste management plan	April 2013

Reason: To ensure that the development is in accordance with the determination.

3. 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.

4. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
Concept Landscape Plan DA 300 Revision B	RJP Design	10/04/13
LP01 Issue B	Site design studios	18/06/13

Reason: To ensure that the development is in accordance with the determination.

Conditions to be satisfied prior to demolition, excavation or construction:

5. 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.

6. 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.

7. 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.

8. 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.

9. Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material. The trunk protection shall be maintained intact until the completion of all work on site.

Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with minimum qualification of Horticulture Certificate or Tree Surgery Certificate and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Tree/location

Jacaranda mimosifolia (Jacaranda) / Western side boundary within access handle

Reason: To protect existing trees during the construction phase.

10. 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:

11. 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.

12. 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.

13. 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 the Concept Stormwater Management Plan, Job No: 108170, Dwg No: D1, D2 and D3, Issue “B” dated 23/04/13 prepared by Storm Civil Engineering Solutions 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

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.

14. 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.

15. Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Energy Australia.

16. 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.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

17. 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.

18. Section 94 development contributions - other than identified centres

(For DAs determined on or after 19 December 2010).

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:

Key Community Infrastructure	Amount
LGA Wide Local Recreational & Cultural	$2,899.58
Southern Area Local Parks & Sporting Facilities	$16,570.41
Total:	$19,469.99

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 may vary at the time of payment 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:

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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 <http://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.

28. 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.

29. 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.

30. 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.

31. 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:

32. 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.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

33. Certification of drainage works and construction of the battleaxe driveway

Prior to issue of the Subdivision Certificate, the Principal Certifying Authority is to be satisfied that the stormwater drainage works and battleaxe driveway has been completed in accordance with the approved Construction Certificate plans.

Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to issue of the Subdivision Certificate.

Reason: To protect the environment.

34. Completion of landscape works

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including all works identified in the approved landscape plans and 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.

35. Amendments to approved landscape plans

Prior to the issue of Construction Certificate, the Certifying Authority shall be satisfied that the approved landscape plan, listed below and endorsed with Council’s stamp, has been amended in accordance with the requirements of this condition as well as other conditions of this consent;

Plan no.	Drawn by	Dated
LP01 Issue B	Sitedesign	18/06/13

The following species which are proposed and shown on the landscape plan referenced above are to be substituted in accordance with Table 1 below.

Proposed Species	Replacement Species	Qty
Acacia parramattensis (Sydney Green Watlle)	Elaeocarpus reticulatus (Blueberry Ash)	8
Bursaria spinosa (Sweet Bursaria)	Indigofera australis (Native Indigo)	13
Hibbertia dentate (Snake Vine)	Hardenbergia violacea (Native Violet)	220
Gahnia melanocarpa (Black Fruited-Saw Sedge)	Gahnia erythrocarpa	100

An amended landscape plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.

Reason: To ensure that the development is in accordance with determination of Council.

36. Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason: Statutory requirement.

37. Infrastructure repair - subdivision works

Prior to issue of the Subdivision Certificate, any infrastructure within the road reserve along the frontage of the subject site or within close proximity, which has been damaged as a result of subdivision works, must be fully repaired to the satisfaction of Council’s Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

38. Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason: Access to public utilities.

39. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied.

Reason: To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

40. Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason: To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

41. Submission of plans of subdivision (Torrens title)

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a) the endorsement fee current a the time of lodgement

b) the 88B instrument plus 6 copies

c) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

d) The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

e) Proof of payment of S94 contribution

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason: Statutory requirement.

42. General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision. Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required then proof to this effect must be submitted to the Principal Certifying Authority.

Reason: To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

Jonathan Goodwill

Executive Assessment Officer

Corrie Swanepoel

Manager Development Assessment Services

Shaun Garland

Team Leader Development Assessment South

Michael Miocic

Director Development & Regulation

Attachments:	A1 View	Locality Sketch	2013/201261
	A2 View	Zoning Extract	2013/201265
	A3 View	Site and Subdivision Plan	2013/201306

Ordinary Meeting of Council - 13 August 2013	GB.4 / 111

Item GB.4	CY00416
	27 June 2013

Ku-ring-gai Flying-fox Reserve Management Plan - Consideration of Submissions

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the exhibited Ku-ring-gai Flying-fox Reserve Management Plan, with amendments and corrections.

background:	The Ku-ring-gai Flying-fox Reserve has been subject to a Conservation Agreement, entered into between Council and the NSW Government, since February 1991. Contained in the Conservation Agreement is a requirement for Council to manage the Reserve in accordance with an adopted Management Plan. Council’s current Management Plan for the Reserve was adopted in 1999 and requires updating.

comments:	The Ku-ring-gai Flying-fox Reserve Management Plan was exhibited for a period of 21 days from 10 May 2013 to 31 May 2013. Eighteen (18) written external submissions were received as a result of the exhibition. Following a review of these submissions, as well as further external and internal feedback, minor amendments and corrections are proposed to the Management Plan.

recommendation:	That Council adopts the Ku-ring-gai Flying-fox Reserve Management Plan, with the amendments and corrections detailed in the report.

Purpose of Report

For Council to adopt the exhibited Ku-ring-gai Flying-fox Reserve Management Plan, with amendments and corrections.

Background

The Ku-ring-gai Flying-fox Reserve, adjacent to Stoney Creek in Gordon, covers approximately 15.3 hectares. This urban bushland reserve includes a variety of wildlife habitats and contains an important maternity colony of the Grey-headed Flying-fox, listed as vulnerable under the Environment Protection and Biodiversity Conservation Act 1999 and the Threatened Species Conservation Act 1995. The Reserve also contains Sydney Turpentine Ironbark Forest (STIF), an Endangered Ecological Community (EEC) under the Threatened Species Conservation Act 1995, and other vulnerable species such as the Powerful Owl.

Community involvement in the management of the Reserve has been ongoing, with members of the Ku-ring-gai Bat Conservation Society (KBCS) providing Council with valuable advice and assistance with on-ground works since 1985.

The Ku-ring-gai Flying-fox Reserve has been subject to a Conservation Agreement, entered into between Council and the NSW Government, since February 1991. The Conservation Agreement requires Council to manage the Reserve in accordance with an adopted management plan. Council’s current management plan for the Reserve was adopted in 1999 and requires updating.

Comments

To ensure the continuing protection and preservation of native flora and fauna, in particular the Grey-headed Flying-fox colony and all elements of its habitat, a revised management plan has been prepared for the Ku-ring-gai Flying-fox Reserve for the next three years, in accordance with the purpose, terms and conditions of the Conservation Agreement and relevant legislation.

The revised Management Plan incorporates changes in legislation, community attitudes, recent research on Flying-foxes and current best practice in bush regeneration and habitat management. The plan provides a focus for working with the local community to effectively manage the Reserve and provides actions to reduce the impacts of the Flying-foxes on residents, particularly those adjacent to the Reserve.

Whilst there was no requirement to exhibit the Management Plan under the Local Government Act 1993 or the Conservation Agreement, due to the increasing number of issues associated with the management of the Reserve, primarily the impact on local residents, Council endorsed the public exhibition of the revised Management Plan.

Governance Matters

Council has entered into a Conservation Agreement for the Ku-ring-gai Flying-fox Reserve pursuant to the National Parks and Wildlife Act 1974, for the purpose of protecting and preserving the native flora and fauna on the subject land. Contained in the Conservation Agreement is a requirement for Council to manage the subject land in accordance with an adopted management plan. Council must also manage the Reserve in accordance with other relevant legislation, such as the Threatened Species Conservation Act 1995 and the Environment Protection and Biodiversity Conservation Act 1999.

Risk Management

The Ku-ring-gai Flying-fox Reserve Management Plan includes measures and educational activities to deal with reducing the risks, both to people and wildlife/habitat, associated with managing the Reserve, including but not limited to: bushfire risks, stormwater and pollution risks and other urban edge effects, weeds and feral animals and the spread of disease.

Financial Considerations

The majority of the proposed actions in the Ku-ring-gai Flying-fox Reserve Management Plan will be funded through Council’s Environmental Levy and recurrent operational budget for bushland reserves. Some management actions may require alternative funding sources to be secured.

Social Considerations

Due to the growing concerns of residents, in relation to the noise, smell and droppings when Flying-foxes are present within the Reserve, there is a stronger emphasis in this Management Plan on actions to reduce the impacts of the Flying-foxes on residents, particularly those adjacent to the Reserve.

Environmental Considerations

The Ku-ring-gai Flying-fox Reserve Management Plan is consistent with the purpose, terms and conditions of the Conservation Agreement on the subject land. This is to ensure the continuing protection and preservation of native flora and fauna, in particular the Grey-headed Flying-fox colony and all elements of its habitat.

Community Consultation

An advisory group, consisting of four (4) residents, two (2) Ku-ring-gai Bat Conservation Society members, a representative from the Rural Fire Service, the Botanic Gardens Trust and the Office of Environment and Heritage, and an independent Flying-fox expert, was formed to provide input into the content of the Management Plan.

The Ku-ring-gai Flying-fox Reserve Management Plan was publicly exhibited from 10 May 2013 – 31 May 2013. Copies of the plan were available on Council’s website and at customer service during opening hours.

Notification of the exhibition included an advertisement in the local paper and information on Council’s website. In addition, a letter was sent to 148 residents adjacent to the boundary of the Reserve notifying them of the public exhibition period.

Subsequent to the public exhibition period, additional consultation on the Management Plan was conducted through: telephone conversations with Royal Botanic Gardens Trust staff, Coffs Harbour City Council staff, and Pittwater Council staff; a site inspection with Office of Environment and Heritage (OEH) staff; a meeting with a Ku-ring-gai Bat Conservation Society (KBCS) member and a local Flying-fox researcher/PhD student; and meetings with members of the Gordon East United Bat Action Committee (GEUBAC).

Eighteen (18) written submissions were received as a result of the exhibition period. The matters identified along with the responses are summarised in the following table.

Grammatical and formatting errors and minor re-wording suggestions which were not considered to result in a substantial or material change to the Management Plan have been actioned but not included in the summary below.

Submission number	Submission type	Response type	Comments
1	Email	Written response	This submission supports the Management Plan, particularly its consideration of: (i) the long term future of the Reserve; (ii) the protection of Flying-foxes, other wildlife and plant communities; and (iii) the impact on the residents caused by the roosting Flying-foxes.
2	Email	Written response	This submission supports the Management Plan, particularly its strong conservation philosophy and the sufficient protection for nearby residents whilst ensuring the survival of the Reserve with its threatened species and endangered ecological communities.
3	Written	Written response	This submission supports the Management Plan, specifically the protection of the Grey-headed Flying-fox and its habitat.
4	Written	Written response	This submission supports the Management Plan, specifically the protection of the Grey-headed Flying-fox and its habitat.
5 to11	Email	Written response	Please note that seven (7) submissions were received that provided the same attachment. Hence, the seven (7) submissions will be addressed collectively. These submissions did not support the Management Plan, and were primarily focused on the ongoing impacts of the noise, smell and droppings when the Flying-foxes are present in the Reserve, and the resulting conflict this is causing between the residents and the Flying-foxes. Specific concerns outlined in these submissions were: · The health risks associated with contracting the Australian Bat Lyssavirus (ABLV) if people come into contact with the saliva of an infected Flying-fox. Residents are reluctant to swim in their pools where bat droppings are rife or enter their back gardens while bats are flying around and are concerned about rotting carcasses after heatwave events. · The constant and unbearable noise levels, particularly during the breeding season, where noise levels are unacceptable 24 hours a day, leading to sleep deprivation and a reduced quality of life. · The smell, particularly in summer. · The cage, only metres away from Number 14 Taylor Street, used to release orphaned Flying-foxes into the Reserve, which provides a constant supply of food on a regular basis and encourages a huge percentage of Flying-foxes to roost around this area. · The degradation of leisure areas around residents’ homes (such as play equipment and swimming pools), and damaged paint on residents’ houses and cars, caused by Flying-fox droppings. · The damage to some of the older/taller trees on residents’ properties caused by the roosting Flying-foxes. · The impacts from the dispersion of Flying-foxes from the Royal Botanic Gardens, that is, the inhabiting of alternative sites such as the Ku-ring-gai Flying-fox Reserve, and concerns that the Flying-foxes are within 100 metres of residents, (as stated in a document from the Royal Botanic Gardens Trust). · The decreasing value of residents’ properties. · The lack of community consultation in the development of the management plan. These submissions recommend the following management actions to be incorporated into the Management Plan: · That Council consider creating a 100m buffer zone between the Flying-foxes and houses. Comment: This is not supported on the basis that it does not reflect a viable option to meet the management objectives of the Reserve. The Royal Botanic Gardens Trust reference to a 100m buffer zone refers to the establishment of new colonies caused by their relocation program and reads as follows: “The Royal Botanic Gardens & Domain Trust is committed to ensuring the flying-foxes leaving the Garden do not establish new colonies at unacceptable locations (e.g. within 100 metres of residential areas) and to working with the land managers at existing colonies as required.” · That Council consider the health and wellbeing of residents by decreasing vegetation close to residential housing on Taylor Street and Waugoola Street (where the Flying-foxes have been roosting for the past five (5) years), to encourage the Flying-foxes back into the Reserve. Comment: Supported on the basis that it represents a viable option to meet the management objectives of the Reserve and to reduce the impacts on residents caused by the close proximity of the Flying-foxes to resident houses, and addressed in Section 3.2 of the Management Plan under Objective 2: Investigate and implement strategies to reduce the impacts of the Flying-foxes on residents and their properties, especially those adjacent to the KFFR. · That Council ceases to approve the Flying-fox rehabilitation and release program in its current location, and moves the program and release cage to a more appropriate site. Comment: Supported on the basis that the residents strongly believe that this will alleviate the impacts on residents caused by the close proximity of the Flying-foxes to residents’ houses, and addressed in Section 3.2 of the Management Plan under Objective 8: Manage the release of injured or orphaned Flying-foxes into the wild.
12	Email	Written response	This submission supports the Management Plan with minor amendments, outlined below: · The map needs to be amended on page 1 to accurately reflect the location of the Ku-ring-gai Flying-fox Reserve. Comment: Supported on the basis that the Reserve location needs to be accurately depicted. A revised map has been included in the Management Plan. · The addition of the sentences ‘This trend is consistent with the increase in the number of camps in the Sydney Basin from 7 in 1989 to 22 in 2013. Total population estimates of Flying-foxes in camps in eastern Sydney did not change between 1995 and 2011 (Dr Peggy Eby, Flying-fox consultant)’ to paragraph 1, page 2. Comment: Supported on the basis that these sentences add relevant content to this section of the Management Plan. · The removal of the words ‘and in response to weather conditions’ at the end of the 1^st sentence, paragraph 2, page 2, as this is considered inaccurate. Comment: Not supported as the statement that weather conditions contribute to the location of the Flying-foxes within the Reserve is considered accurate (as opposed to the location/ movement of Flying-foxes between camps). · Add to the 1^st action on page 8 ‘and establishes and maintains understorey vegetation where Flying-foxes can escape extreme heat (temperatures above 40˚C)’. Comment: Supported on the basis that this action will be incorporated into the ten (10) year roosting habitat/tree canopy replacement plan (the referenced management action). · Amend the objective ‘Ensure the rehabilitation of injured or orphaned Flying-foxes for release back into the wild’ to ‘Manage the release of injured or orphaned Flying-foxes into the wild’. Comment: Supported on the basis that this wording more accurately describes the management objective. · Map of 2010 Flying-fox camp extent in Appendix 4 needs to be moved after 2008 and 2009 maps and the summer 2012 maps added. Comments: Supported on the basis that this will display the maps in chronological order and provide further relevant data on Flying-fox camp extent. · Add to the resource list a reference to research being undertaken by Rhys Puddicombe in 1980 and 1981, which reported on the Little Red Flying-foxes which joined the camp in 1981 for about six weeks. Comment: Supported on the basis that provides further relevant research to the resource list. This submission does not support the replacement of tall canopy trees in the Reserve north of Taylor Street, but instead the removal of weeds/ incremental regeneration with native vegetation with low canopy and other low growing shrubs and trees (in relation to Figure 4, page 14). Comment: Supported on the basis that this will further reduce the impact on residents caused by the close proximity of the Flying-foxes to residents’ houses and will improve the condition of the creek within the Reserve for other wildlife. This submission is sympathetic to residents who have suffered from the noise disturbance from the Flying-foxes since the camp moved north close to houses, and supports actions ameliorate the situation, provided that other roosting habitat can be established as soon as possible on the lower slopes of the valley and that adequate funding from Council is provided to do so. Comment: Supported on the basis that this action will be incorporated into the ten (10) year roosting habitat/tree canopy replacement plan and Council funding provided through the Environmental Levy.
13	Email	Written response	This submission supports the Management Plan and commended Council for its ongoing work to maintain the integrity of the Flying-fox colony at the Ku-ring-gai Flying-fox Reserve. In addition to supporting the suggested amendments in submission twelve (12), this submission provided the following suggested amendments to the Management Plan: · The Flying-fox release cage behind 14 Taylor Street is of particular value as it is the only facility in the Sydney area that is located within a functioning Flying-fox colony. It is recommended that the Management Plan recognises and demonstrates support for this facility: Comments: Supported on the basis that a release facility is consistent with the management objectives of the Reserve but not in its current location, due to the ongoing issues with the residents in relation to the location of the cage, and addressed in Section 3.2 of the Management Plan under Objective 8: Manage the release of injured or orphaned Flying-foxes into the wild. · It is noted that potential health issues are identified as a key management issue in Section 1.3, however Section 3.2 (objectives, management actions and performance measures) make only cursory mention of the issue. If health is a key issue then Section 3.2 should reflect this priority. Comment: Supported on the basis that potential health issues warrant this issue’s inclusion in Section 3.2 of the Management Plan, and addressed by the addition of a management objective and related actions in Section 3.2. · Some of the material presented in this Management Plan applies equally to other reserves under Council control. It is suggested that it may be appropriate to include an action to ensure that components of the KFFR Management Plan which apply equally to other reserves should be included in the management plans for those reserves. Comment: Not supported on the basis that the inclusion of this action in the Ku-ring-gai Flying-fox Reserve Management Plan is not necessary, as components of the Ku-ring-gai Flying-fox Reserve Management Plan which apply equally to other reserves are already included in Council’s Bushland Reserves Plan of Management, which covers all the reserves under Council control. · Section 3.2 makes broad reference to the need to investigate and implement strategies to reduce the impacts of Flying-foxes on residents and their properties, but places little emphasis on the need for an elevated level of stakeholder engagement and collaboration during those periods where the number and/or location of Flying-foxes within the Reserve is causing increased concerns in the community. A management action to this affect should therefore be added. Comment: Supported on the basis that adequate stakeholder engagement during periods of increased concern in the community is good management practice, and addressed in Section 3.2 under Objective 2: Investigate and implement strategies to reduce the impacts of the Flying-foxes on residents and their properties, especially those adjacent to the KFFR. · The addition of an action to Section 3.2 in regards to the need to ensure that where actions are proposed, such as dispersals, which may result in more Flying-foxes attempting to roost at KFFR, Council is fully engaged with the proponent of the action so that potential impacts for KFFR are assessed and taken into account. Comment: Supported on the basis that Council already undertakes this activity, and addressed in Section 3.2 of the Management Plan under Objective 2: Investigate and implement strategies to reduce the impacts of the Flying-foxes on residents and their properties, especially those adjacent to the KFFR.
14	Email	Written response	This submission had some concerns with the overall quality of the document, the information flow and the accuracy and sources of some of the information presented, and suggests a structural overhaul, some re-formatting, the re-design of information flow and further proof reading, followed by another public exhibition period. Comment: Partly supported on the basis that some of the suggested amendments will improve the overall quality of the document; however another public exhibition period is not supported as the suggested changes are not considered to have a substantial or material change to the strategic directions and long term objectives contained in the Plan. This submission felt that members of the Gordon East United Bat Action Committee (GEUBAC) should have been represented on the Advisory Group that provided input on the Management Plan, and should be consulted on future management actions in the Management Plan (such as the tree canopy replacement program) and the future review of the Management Plan. Comment: Residents who are now members of the GEUBAC were members of the Advisory Group that provided input on the Management Plan. Future stakeholder consultation processes will involve members of the GEUBAC. This submission notes that the link to the Bush Fire Risk Management Plan referenced in the Management Plan was broken on Council’s website, and suggests that the Bush Fire Risk Management Plan is uploaded correctly on the website asap, followed by a re-exhibition period. Comment: Not supported on the basis that: (i) a check of the website confirms that the Bush Fire Risk Management Plan link is working; and (ii) should there have been a problem with the link during the public exhibition period the Bush Fire Risk Management Plan could have been requested and provided by Council. This submission suggests the following amendments to the Management Plan: · A review of the key performance measures (KPIs) in Section 3.2 so that they are measurable and provide value to management activities. Comment: The KPIs have been reviewed and those included are considered to be both measurable and valuable. · The quality of the map based information is poor. There is no consistent approach to displaying spatial information, and no data from 2012 or 2013. It is suggested that the spatial maps be re-done to an agreed quality standard and investigations into 2012 and 2013 spatial data gaps are undertaken. Comment: Supported on the basis that consistent mapping will improve the document quality. Revised maps have been incorporated into the document and 2012-2103 data provided where available. · The issue of stakeholder engagement is poorly discussed and not enough emphasis is placed on the impact of the colony on adjoining residents. Comment: Supported on the basis that adequate stakeholder engagement is good management practice, and addressed in Section 3.2 under Objective 2: Investigate and implement strategies to reduce the impacts of the Flying-foxes on residents and their properties, especially those adjacent to the KFFR. · Undertake a comprehensive noise survey at different times during the day to provide data points to substantiate noise levels for adjoining properties. This data to be mapped in Council's GIS system, and undertaken yearly to provide a spatial and temporal baseline data set. Comment: Not supported as this data is currently being undertaken by a Flying-fox researcher and will be available to Council when published. A management action to utilise Flying-fox research being conducted will be included in Section 3.2 under Objective 7: Contribute to and utilise research on Flying-fox biology, behaviour and camp/habitat management. · The inclusion of Council’s Service Level Agreement (SLA) timeframes for investigating and responding to bush fire hazard complaints, in Section 3.2 under Objective 6: Effectively manage the KFFR for bush fire risk. Comment: Supported on the basis that Council does have response guidelines through its Customer Service Standards. This has been added to the management action. · The release of animals into the Reserve should not be within 5Om of residential properties. Comments: The re-location of the release cage as part of the Flying-fox rehabilitation and release program has been addressed in an earlier section of this report. · A re-wording of the section on managing bush fire risks in Appendix 4 to provide more clarity on Council’s role in bush fire management. Comment: Supported on the basis that Council wishes to make its role in bush fire management clear in this Management Plan. · The protocol for the release of Flying-foxes into Ku-ring-gai Flying-fox Reserve needs updating. Comment: Supported on the basis that the current protocol is out-of-date. This protocol will be renamed ‘draft protocol’ and a management action to update the protocol will be included in Section 3.2 under Objective 8: Manage the release of injured or orphaned Flying-foxes into the wild.
15	Email	Written response	This submission supported the Management Plan, specifically: the 10 year roosting habitat/tree canopy replacement plan; a review of future potential Flying-fox management options on an annual basis, for implementation within KFFR before the breeding season commences; the strategic pruning of branches or felling of individual trees at the boundary between KFFR and private property where there is a risk to life or property or where there is a significant and prolonged issue with noise; effective, humane and legal methods to nudge the Flying-fox camp away from the Reserve edges; an education program to assist with the management of KFFR; the minimisation of disturbance to the Flying-foxes and their habitat by restricting access and educating residents and/or visitors; the rehabilitation of injured or orphaned Flying-foxes for release back into the wild; and efforts to reduce the potential impacts from more extreme and frequent heat events and drought, as a result of climate change, on the Flying-foxes.
16	Email	Written response	This submission objects to the Management Plan, specifically due to the problems caused by the Flying-foxes in the backyard of residences, such as: · damage to property; · drop in property prices; · the danger of the Lyssavirus; · the constant noise, affecting the health of residents; · the presence of the cage behind 14 Taylor Street and the lack of consultation in relation to the cage’s location; and · the damage to the trees caused by the roosting of the Flying-foxes. This submission supports the creation of a 100m buffer zone between the properties and trees with Flying-foxes. Comment: The creation of a 100m buffer zone has been addressed in an earlier section of this report.
17	Email	Written response	This submission objects to the Management Plan, due to the plan not adequately addressing the over representation of the Flying-foxes in the area, leading to significant and irrefutable problems, including: · constant noise pollution; · damage to property, including cars, pools, fauna and houses; and · a drop in property prices This submission suggest that there are significant issues that require immediate investigation, including the: · health risks of the Lyssavirus and Hendra virus; and · increased prolonged presence of the Flying-foxes in-situ, despite their earlier migration in previous years, exacerbating the issues. This submission suggests the following measures be incorporated into the Management Plan: · Environmental and health research into the impact of the current population levels in the Reserve. Comment: Supported on the basis that research is available that Council can draw on, and addressed in Section 3.2 under Objective 10: Manage the potential health risks associated with Flying-foxes roosting in the Ku-ring-gai Flying-fox Reserve. · The removal of the cage situated behind 14 Taylor Street and the feeding of the young Flying-foxes. Comment: The re-location of the release cage as part of the Flying-fox rehabilitation and release program has been addressed in an earlier section of this report. · Signage and information similar to the Queensland Government Health Warnings, displayed on Taylor Street, to inform the general public of the potential health risks of Flying-foxes. Comment: Not supported as previous signage has been vandalised and destroyed at the Reserve. Instead, educational information will be available on Council’s website and through other educational activities. · The implementation of a 100m buffer zone between residences and the trees with roosting Flying-foxes. Comment: The creation of a 100m buffer zone has been addressed in an earlier section of this report.
18	Email	Written response	This submission raised a number of concerns with the Management Plan: · the high noise levels which have persisted, in particular over the 2012/13 summer period, which were extremely high given the large numbers of bats, and persisted for most hours in the day and night; · the damage to the trees where the bats roost; · the impact on biodiversity caused by the Flying-foxes in the Reserve; and · the impact of the Flying-fox colony on property prices This submission notes that the Management Plan acknowledges the impact on residents caused by the Flying-foxes; however suggests that the Management Plan does not have any clear solutions. It also notes that the Management Plan mentions cutting down trees in close proximity to residents’ homes - but suggests that a radius of 10m or 50m is not going to materially change the noise levels. This submission suggests the solution is to move the colony further down the valley away from the residential areas. Comment: Nudging strategies have been investigated by Council (mainly noise disturbance programs which are considered the best option) but are very costly and largely unsuccessful. This is not considered a feasible management option for the Ku-ring-gai Flying-fox Reserve. This submission questions why Council would plant more roosting trees to replace damaged trees, as all this will achieve is to keep the Flying-foxes in the same place. Comment: Council’s 10 year roosting habitat/tree canopy replacement plan will ensure that trees are not replaced in close proximity to residences, and is addressed in Section 3.2 under Objective 1: Manage the KFFR to ensure the protection of threatened species and endangered ecological communities and the maintenance or improvement of habitat quality within the KFFR. This submission also questioned why the Flying-foxes were being released so close to residences and not further away where they will not disrupt residents as much? Comment: The re-location of the release cage as part of the Flying-fox rehabilitation and release program has been addressed in an earlier section of this report.

Internal resources are no longer available to deliver an educational program (as outlined in Section 3.2 of the Plan) and hence the educational efforts of Council will be limited to one-off educational events supported by the Ku-ring-gai Bat Conservation Society. This is reflected in the Management Plan.

Internal Consultation

Consultation was undertaken with relevant Council staff in developing the Management Plan, including staff from Open Space Services and Environment and Sustainability.

Summary

The Ku-ring-gai Flying Fox Reserve has been subject to a Conservation Agreement, entered into between Council and the NSW Government, since February 1991. Contained in the Conservation Agreement is a requirement for Council to manage the Reserve in accordance with an adopted management plan. Council’s current management plan for the Reserve was adopted in 1999 and requires updating.

The revised Management Plan incorporates changes in legislation, community attitudes, recent research on Flying-foxes and current best practice in bush regeneration and habitat management. It provides a focus for working with the local community to effectively manage the Reserve and provides actions to reduce the impacts of the Flying-foxes on residents, particularly those adjacent to the Reserve.

The Ku-ring-gai Flying-fox Reserve Management Plan was publicly exhibited from 10 May 2013 – 31 May 2013. Subsequent to the public exhibition period, additional consultation on the Management Plan was conducted through: telephone conversations with Royal Botanic Gardens Trust staff, Coffs Harbour City Council staff, and Pittwater Council staff; a site inspection with Office of Environment and Heritage (OEH) staff; a meeting with a Ku-ring-gai Bat Conservation Society (KBCS) member and a local Flying-fox researcher / PhD student; and meetings with members of the Gordon East United Bat Action Committee (GEUBAC).

The changes proposed to the Management Plan are not considered to have a substantial or material change to the strategic directions and long term objectives contained in the plan. For these reasons it is recommended that Council adopts the revised document without re-exhibition.

Recommendation:

A. That Council adopts the Ku-ring-gai Flying-fox Reserve Management Plan, with the amendments and corrections detailed in this report.

B. That a copy of the Ku-ring-gai Flying-fox Reserve Management Plan is placed on Council’s website.

C. That Council acknowledges the formal submissions made on the Ku-ring-gai Flying-fox Reserve Management Plan, and responds to the authors with the outcomes.

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1 View

Ku-ring-gai Flying-fox Reserve Management Plan 2013

2013/199842

Ordinary Meeting of Council - 13 August 2013	GB.5 / 214

Item GB.5	S09400
	23 July 2013

Planning Proposal to Rezone Land at
35 Water Street, Wahroonga from
5(a) Special Uses - Hospital to
E4 - Environmental Living

EXECUTIVE SUMMARY

purpose of report:	To report to Council on submissions received during the public exhibition of the Planning Proposal to rezone land at 35 Water Street, Wahroonga as an amendment to the Ku-ring-gai Planning Scheme Ordinance.

background:	Following Council’s resolution on 13 November 2013, a Gateway Determination was received from the Department of Planning and Infrastructure stipulating conditions of exhibition and consultation. The Planning Proposal has been exhibited.

comments:	Submissions were received from the community supporting the E4-Environmental Living zoning in principal but raised concern regarding the impact of potential subdivision boundaries and tree removal that compromise their privacy and amenity. The Office of Environment and Heritage made submissions about environment and heritage issues and the requirement to pursue these characteristics of the site. The applicant also made a submission to change the proposed zoning from E4 to a split R2/E4 zoning across the site.

recommendation:	That Council support the rezoning of 35 Water Street, Wahroonga from 5(a) Special Uses – Hospital to E4 - Environmental Living as stipulated in this Planning Proposal and that Council authorise the General Manager and the Director of Strategy and Environment to exercise the delegated function in accordance with the EP&A Act.

Purpose of Report

To report to Council on submissions received during the public exhibition of the Planning Proposal to rezone land at 35 Water Street, Wahroonga as an amendment to the Ku-ring-gai Planning Scheme Ordinance.

Background

On 13 November 2012, Council resolved:

“A. That the Planning Proposal to amend the Ku-ring-gai Planning Scheme Ordinance to rezone the property at 35 Water Street, Wahroonga from Special Uses 5(a) to zone E4 Environmental Living and to incorporate the NSW Standard Instrument LEP Conservation Incentives clause be supported in principle.

B. That the applicant be advised to amend their Planning Proposal as per the Consultant’s Review and this report as follows:

i) Amend the planning proposal so as to seek an E4 Environmental Living zone across the site.

ii) Stipulate how the KPSO would be amended to include the E4 (Environmental Living) zone and Conservation Incentives clause to align with Council’s Draft LEP 218 and the Planning Proposal for the Ku‐ring‐gai Principal LEP.

iii) Review and confirm the objectives or intended outcomes for the planning proposal particularly in relation to permissibility of future health/hospital uses.

iv) Revise the justification of the planning proposal to:

a) Justify the proposed new zone on its merits without reference to the indicative subdivision layout.

b) Include consideration of Draft LEP 218 and the planning proposal for the Ku-ring-gai Principal LEP.

v) Include consideration of environmental objectives and actions of the Metropolitan Plan and North Subregion Strategy.

vi) Provide updated advice or information about contamination issues affecting the site in response to Clause 6 of SEPP 55.

vii) Provide an updated review of relevant Ministerial Directions including consideration of Direction 2.1 (Environment Protection Zones) and Direction 6.3 (Site Specific Provisions) and a checklist of all Ministerial Directions.

viii) Amend the section referring to assessment against the Department of Planning’s LEP Pro-forma Evaluation Criteria for Spot Rezonings to demonstrate why the planning proposal would not create a precedent in terms of the potential inconsistency with Draft LEP 218 and the planning proposal for the Ku-ring-gai Principal LEP for environmentally sensitive land.

C. That the amended Planning Proposal be prepared to the satisfaction of the General Manager and then be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

D. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.

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

In accordance with the Resolutions, an amended Planning Proposal (Attachment A1) was forwarded to the Department of Planning and Infrastructure. A Gateway Determination (Attachment A2) was issued stipulating conditions of exhibition and consultation. The Planning Proposal has been exhibited and the submissions have been assessed.

Comments

A number of submissions were received during the exhibition of the Planning Proposal. These are summarised and discussed below. A summary of the submissions is at Attachment A3.

Submissions from community

A total of ten submissions were received from the community supporting the Planning Proposal in principal. However, the community raised concerns regarding the impact of subdivision on trees across the land and the preservation of the heritage Rippon Grange and its gardens.

The potential removal of mature trees belonging to the Blue Gum High Forest (BGHF) as well as substantial mature trees that are outside the BGHF area was raised as a major concern. In particular, the loss of privacy and visual amenity with the removal of mature vegetation along the boundary of 33 Water Street to accommodate driveways was raised as an issue (indicated in a subdivision layout in the supporting studies accompanying the Planning Proposal).

State agency submissions

A submission from the Office of Environment and Heritage(OEH) (Attachment A4) stated that the site has ecological value and as such recommended that two thirds of the site be zoned E2-Environmental Conservation to preserve its value. OEH consider any type of residential development will result in works that will negatively impact the BGHF.

A submission from the Heritage Council of NSW (Attachment A4) supports the rezoning to E4 as it will reinstate the original residential use. The submission stipulates the need for a revised and updated Conservation Management Plan (CMP) which reflects the proposed new residential use across the site as the previous CMP related to hospital use and would be no longer be relevant. Further, it states that the CMP should provide a revised heritage curtilage assessment to establish the extent that subdivision can occur within the heritage curtilage without adversely impacting on the expansive landscaped setting of Rippon Grange, and it should include a conservation policy relating to the protection and management of the BGHF to ensure that any future development works do not result in the fragmentation of the vegetation.

Submission from applicant

The applicant’s submission requested that the split R2-Low Density Residential/E4-Environmental Living zoning under the draft KLEP 2013 be applied to the site rather than the E4-Environmental Living across the entire site. (This was their initial application, and is the subject of this Planning Proposal.) Their reason for the request is that the split zoning of part R2 and E4 would maintain consistency with the zoning as proposed under the draft KLEP 2013 and this split zoning could come into effect as part of the Planning Proposal, or when the KLEP 2013 is gazetted.

Discussion

The concerns raised by residents are valid; however these issues will be addressed when an actual subdivision Development Application (DA) is submitted to council. In that DA process the applicant will be required to demonstrate heritage and ecological preservation across the site as well as the usual aspects of tree preservation and neighbour amenity which form part of Council’s development standards. There will be further community consultation and Council review on this matter prior to any decision being made.

The E2-Environmental Conservation zoning that the OEH is requesting to a part of the site is a zoning created for areas with high ecological values that are outside national parks and nature reserves. OEH considers the existence of the endangered BGHF on the site to merit this zoning. E2 zoning would significantly restrict the use of the land including its use for residential purposes.

The land is in private ownership and for an E2 zoning it would firstly have to go through the process of identification for E2. Further, as the KLEP 2013 has very restricted uses permitted within an E2 zone, the Minister would be required to designate a relevant acquiring authority to acquire it. Council is not in a position to acquire the land, nor has the State Government indicated they are prepared to be identified as the relevant acquisition authority in the event of the application of the E2 zone. In the absence of the Minister delegating an acquisition authority; it is considered that the E4 zoning is the most appropriate option for the land as it provides for ecological and heritage considerations for the future of the site.

The E4-Environmental Living zone accommodates low impact residential development. The zoning recognises this land as having special environmental values. The E4 zoning will enable the best care of the BGHF within private lands. In addition the E4 zoning goes beyond the NSW Land and Environment Court’s designated line of the BGHF and covers the entire parcel of land at 33 Water Street, and as such endeavours to create environmental controls that buffer the BGHF area.

The requirement by the Heritage Council of an updated and relevant CMP for the site, in light of the proposed new residential use, would be one of the requirements of any subdivision application to Council. Establishment of the heritage curtilage is fundamental in determining the extent of the subdivision and ensuring the integrity of the heritage and its curtilage.

It should be noted that the applicant’s initial Planning Proposal was to rezone the land to residential 2(c) under the KPSO (converted to R2 zoning in Draft KLEP 2013). This was altered at their request prior to exhibition to an E4–Environmental Living zone to the entire site in recognition of the ecological values across the site and to ensure compliance with Ministerial Directions.

The initial draft KLEP 2013 zoning plan indicating the split zoning across the site, which the applicant is now requesting, received a Gateway Determination on 16 June 2012. Subsequent to the issuing of the Gateway to the KLEP 2013, Council endorsed the Planning Proposal for 35 Water Street including an E4 zoning across the whole site. The Gateway Determination for 35 Water Street was issued on 23 May 2013. Since the latest Gateway Determination applies to the site, the E4 zoning Planning Proposal for 35 Water Street is considered as current and of precedence.

Further, the difference between in zoning between draft KLEP 2013 and the 35 Water Street Planning Proposal was recognised and discussed with the Department of Planning and Infrastructure (in light of the two Planning Proposals they had issued Gateway Determinations for) and accordingly this was addressed in the Planning Proposal. In addition the requirement of the E4 zoning such as height, FSR and lot size were also included in the Planning Proposal. The procedure for ensuring the E4 zoning would override the KLEP 2013 zoning was included in the Planning Proposal to read as follows:

“Should this Planning Proposal be finalised and gazetted before the draft KLEP 2013, a report would be made to Council to amend the draft KLEP 2013 to show the E4 - Environmental Living Zone on the subject land as exhibited by this Planning Proposal.

Should this Planning Proposal be finalised and gazetted after the draft KLEP 2013, the draft KLEP 2013 would be amended to show the proposed E4 - Environmental Living Zone on the subject land.”

Conclusion

The investigation of the site carried out by independent consultants when this Planning Proposal was first submitted to Council resulted in a recommendation against 2(c)/R2 zoning. The key reason was that it would create development of a density detrimental to the site and not in accordance with Ministerial Directions. The fact that this Planning Proposal exhibition and submissions have revolved around an E4 zoning across the entire site, and objections have been raised by OEH and the community regarding the preservation of trees and vegetation on the land, it is considered prudent to retain the E4 zoning across the entire site as stipulated in this Planning Proposal. Therefore, once approved, the KLEP 2013 will be amended to reflect this Planning Proposal.

Governance Matters

The Gateway Determination issued Council with plan making delegation under Section 23 of the EP&A Act to finalise the planning proposal. This involves Council taking on the Director General’s function under s59(1) of the Act in liaising with the Parliamentary Counsel’s Office (PCO) to draft the required local environmental plan to give effect to the Planning Proposal as well the Minister’s function under s59(2) of the Act in making the Plan. This last step involves the submission of the final PCO prepared LEP instrument and associated report to DP&I authorising the Plan to be made by publication on the NSW Government Legislation website.

These last to steps are largely administrative and it is proposed that Council authorise the General Manager and the Director of Strategy and Environment to finalise the Plan.

Risk Management

Council is in support of this Planning Proposal as the outcomes offered for this site are in keeping with the nature of the site and the local character. If this proposal is not progressed to the next stage of finalisation by the Department of Planning and Infrastructure, the risk lies in the site being able to progress with the approved hospital development for the site which Council opposed and which was granted through a court approval.

Financial Considerations

Planning proposals are dealt with on a fee for cost basis in accordance with Council’s adopted fees and charges.

Social Considerations

In the past the site has catered for specialist health services provided to the community. The site currently has a limited 5(a) Special use zoning applying to the site under the KPSO. The site has a current approval for a hospital development on the site issued by the NSW Land and Environment Court. The site has remained vacant and redundant for several years. The new contemporary E4 zoning should provide for future additional uses including residential and the adaptive reuse of the heritage buildings on the site whilst recognising the environmental significance of the site. This should result in better use of the site and its current infrastructure.

Environmental Considerations

Due to the significant biodiversity and presence of critically endangered BGHF on the site, a specialist ecological and bushfire consultant was engaged to review the Planning Proposal when initially submitted. It is considered that the E4 zoning is the best outcome for this site as it will allow development to occur on the site within the parameters of environmental protection.

Community Consultation

The Planning Proposal was advertised in the North Shore Times on 21 June 2013 with notification letters being sent to properties in the vicinity of the site. In line with the Gateway Determination, State Agencies consulted were the Office of Environment and Heritage including National Parks and Wildlife Services who provided both environmental and heritage comment.

The Planning Proposal was exhibited for a period of two weeks from Friday 21 June 2013 to Friday 5 July 2013 in accordance with the Gateway Determination. All documentation was made available at Council Chambers and on Council’s website.

All persons who made a submission have been notified of this matter going to Council.

Internal Consultation

Council’s biodiversity, bushfire and heritage advisors were consulted in the preparation of this report.

Summary

The proposal to rezone the land at 35 Water Street, Wahroonga to E4 – Environmental Living is supported by the community, however concerns were raised in relation the actual pattern of subdivision on the land and its impacts on their privacy and amenity, as well as the impact on the mature trees and planting on the site. These issues are not relevant to the planning proposal.

Whilst the Office of Environment and Heritage raised objection to the E4 zoning to the area of BGHF on the site, requesting an E2 zoning to that part of the land, Council is not in a position to acquire the land and apply that zoning as it would require nomination of an acquisition authority. Therefore the E4 zoning is the best outcome for this land parcel as it will trigger controls to protect the ecological value of the site.

The other requirements of the Heritage Council are more appropriately addressed in any subsequent development application.

The applicant’s request that the zoning revert to that originally stated in the Draft KLEP 2013 to maintain consistency between the documents does not apply as the Gateway Determination for this Planning Proposal followed that of the Draft KLEP 2013 and therefore over rides it. The Water Street Planning Proposal reflects this hierarchy. The adoption of this proposal by Council would enable a good outcome for the site and allow the applicant to progress their development in a timely manner.

Recommendation:

A. That Council support the rezoning of 35 Water Street, Wahroonga from 5(a) Special Uses – Hospital to E4 - Environmental Living as stipulated in this Planning Proposal.

B. That in accordance with s59(1) of the EP&A Act, Council liaise with Parliamentary Counsel to draft the required local environmental plan to give effect to the planning proposal.

C. That upon issue of a Parliamentary Counsel Opinion, Council authorise the General Manager and the Director of Strategy and Environment to exercise the delegated function s59(2) of the EP&A Act to make the Plan.

Rthna Rana

Urban Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 View	Planning Proposal	2013/150639
	A2 View	Gateway Determination	2013/150641
	A3 View	Submissions Summary	2013/197823
	A4 View	State Agency Submissions	2013/197814

Ordinary Meeting of Council - 13 August 2013	GB.6 / 270

Item GB.6	S06785/3
	31 July 2013

Update Report on the Development Contributions System

EXECUTIVE SUMMARY

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 over the past six months and anticipated highlights for the coming twelve months.

background:	Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer services, financial management and project management and delivery of community assets.

comments:	This report focuses on key aspects of the development contributions policy, systems management and communications and highlights in asset instigation.

recommendation:	That the information in the report be received and noted.

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 over the past six months and anticipated highlights for the coming twelve months.

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. Following the gazettal of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 on 25 January 2013, the catchment mapping was updated (through the statutory processes of exhibition and adoption by Council) to accurately reflect the new statutory planning context.

The White Paper – A New Planning System for NSW

As part of Ku-ring-gai Council’s submission, specific commentary was made on Chapter 7 – Provision of Infrastructure. Key points included:

· emphasising the different but very real infrastructure needs of established areas undergoing intensive urban renewal resulting in a changing urban form in the local centres;

· supporting the principal of integrated infrastructure provision and noting emerging trends in the demography of residents in new housing developments – including younger adults and increasingly including families with children;

· the importance of new local and civic open space compared to regional open space;

· the need to properly allow for costs of paved civic spaces in urban areas as a ‘baseline’ cost in any generic guideline for the future funding where grass is not an appropriate response to the urban context;

· objecting strongly to an impractical time-limit on the expenditure of contributions proposing instead that a local government authority that can demonstrate a well-planned rolling works programme of infrastructure delivery over the development life of the LEP should be able to be exempted from any such arbitrary requirement – linked to support in principal for greater reporting of the detailed staged delivery programme under Contributions Plans. Considerable work in the form of community consultation, detailed design, approval processes and tendering takes place before the visible on-the-ground construction of community infrastructure commences which can contribute to an erroneous impression that infrastructure is not being delivered and/or that a council is ‘hoarding’;

· demonstrating through the inclusion of plans and photographs with commentary that Ku‑ring-gai Council currently has community infrastructure works at all stages of the delivery process as part of a rolling works programme linked to the Long Term Financial Plan;

· objecting to the deferral of payment to a later stage as the draft included in the White Paper would involve transferring considerable financial risk to Council and the community among many other practical and logistical issues; and

· expressing concern that any future contributions towards State infrastructure e.g. new and augmented schools and improvements to State Roads, should not reduce the capacity for local government to deliver key open space, community facilities and transport upgrades in the planning (and levying) since the start of the current redevelopment phase in 2004.

Development, infrastructure and development contributions

Development – including intensive redevelopment in established area - 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 actions as well as future 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 approximately 22,000sqmof land at a cost of just over $45.8M 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;

8. construction phase; and

9. handover and official opening.

Greengate Lane/Bruce Avenue Park

Located on Bruce Avenue in Killara, this project is currently under construction and due for completion by November 2013. A report relating to the formal naming of this new park will be referred to a Council meeting in the near future.

Killara’s new park is at Stage 8 of the process outlined above.

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Bruce Avenue Park – construction of retaining walls.

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 second phase of community consultation on the detailed design of the park. Council adopted the final concept plan at the OMC of 25 June 2013.

Cameron Park is at Stage 6 of the process outlined above.

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Lindfield Community Hub, Woodford Lane, Lindfield (western side)

On 29 May 2012, the NSW Government announced it would build a new commuter car park for 240 new spaces and a new kiss-and-ride zone in Woodford Lane, Lindfield. The budget for the project was announced to be $34 million.

The announcement by the Minister for Transport provides a significant opportunity for Council to bring forward vital urban design and community facilities in the Lindfield town centre which might otherwise be delayed many years. Further, the provision of commuter car parking in this locality has long been a matter raised in the various consultation processes Council has facilitated over the last ten years or so.

In response to this announcement Council resolved, at OMC on 26 June 2012, to prepare a Planning Proposal to reclassify the Council Car Park at Woodford Lane, Lindfield (the site) from Community land to Operational land and that a further report be brought back to Council regarding the future divestment following the reclassification process. The process of reclassification is now nearly complete; the final planning proposal was considered by Council on 30 July 2013.

To further advance Council’s and the public interest on the site, a report went to Council on
13 February 2013 regarding the preparation of a Heads of Agreement and a master plan for the site.

The Transport Planning arm of TfNSW has now become involved with the project. This step is a significant one as the project is no longer under the control of the Transport Access Program (TAP) which is the delivery arm of TfNSW. Transport Planning has given assurances that the project program has now been significantly extended to allow time for proper planning to take place on the site before a final car park design is finalised.

On 28 May 2013 Council resolved to prepare a master plan for the site and allocated a budget for the project. A Project Control Group has been established with representatives of Council and TFNSW to guide the preparation of the master plan.

Work to date has included preparation and issuing of a brief for traffic planning consultants and community facilities planners.

Description: Ariel

Lindfield Community Hub – view Lindfield Community Hub - location

Lindfield Village Green, Tryon Road, Lindfield (eastern side)

At the OMC of 9 April 2013 Council resolved to commence detailed planning for the Lindfield Village Green Project. At the same time they allocated a project budget for this work.

Lindfield Village Green will be a large green space on the eastern side of Lindfield; the components of the Lindfield Village Green project are as follows:

· partial road closure of unnamed lane to allow site consolidation;

· demolition of existing car park;

· provision of additional temporary car parking spaces to make up the shortfall during construction (as outlined in the parking management plan);

· construction of an underground public car park to service the surrounding commercial and retail uses;

· provision of a new village green on top of the basement car park with a minimum area of 2500sqm (50 metres x 50 metres);

· a new branch library with a 1200sqm floor area (optional);

· modifications to surrounding streets including on-street parking on Chapman Lane and Kochia Lane; and the re-opening of Kochia Lane through to Milray Street;

· public domain improvement works to adjoining streets and lanes including undergrounding of power lines, footpath widening, paving and street furniture; and

· sustainability initiatives.

Stage 1 of the project has been completed which involved Council advertising an Expression of Interest (EOI) seeking potential joint venture partners for the delivery of the project. Two EOIs were received, one from a construction company and one from an architectural firm. The EOIs have been assessed and both have been found to be non-compliant. Both submissions have misinterpreted the EOI criteria by offering their services rather than offering a potential joint venture partnership for the project.

The EOI process has clarified that there are no potential joint venture partners for the project. This means that Council will be required utilise development contributions funds (local parks) collected under the Ku-ring-gai Contributions Plan 2010 to fund the construction works associated with the new underground car park and new village green as previously flagged. Subject to successful allocation of development contribution funds to a project account the funds would pay for the cost of undergrounding the existing car parking at the same time as creating an open, at-grade site to build a new park. Additional funding will need to be found for the new library if it is to be located on this site.

Due to the non-compliant nature of the tenders it is recommended that Council terminate the EOI process and that the tenderers be notified of Council’s decision.

Description: Description: Lindfield_Tryon_Option 02_Perspective03 Description: Ariel

Lindfield Village Green – view Lindfield Village Green – location

Section showing proposed village green with basement car park under looking north to Kochia Lane

Carcoola Road Park

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 2,800sqm.

The extension to Carcoola Road parklands is currently between Stages 1 and 2 of the process outlined above. Initial community consultation, including surveys of local residents and potential park users, is due to commence in August 2013, while construction is anticipated to commence in the middle of the 2014/15 financial year.

Eton Road Community Centre

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A new community centre is being constructed by Defence Housing Australia as part of the voluntary planning agreement for redevelopment of part of the UTS site at Lindfield. The community centre is at Stage 8 of the process outlined above, see photograph above.

UTS Synthetic Field

A new synthetic playing field and associated lighting is being constructed by Defence Housing Australia as part of the voluntary planning agreement for redevelopment of part of the UTS site at Lindfield. The synthetic playing field is at Stage 8 of the process outlined above, see photograph below.

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Future Turramurra Parks (western side)

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 late this financial year.

Balcombe Park

This new park, on Woonona Avenue Wahroonga, is in front of the historic property ‘The Briars’. It was officially opened on 27 November 2012.

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. Council’s ownership for new park has commenced with the purchase of 8 and 10 Bent Street, Lindfield which will form part of the larger park that also includes 2-6 Bent Street, Lindfield.

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 vacate their options over the properties which 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. Detailed planning on the delivery of this road by Council has commenced.

The Dumaresq Street to Moree Street link is planned to proceed in stages with the first stage to be delivered as part of a Voluntary Planning Agreement with the adjoining developer. The draft VPA has been exhibited with the Development Application and will need to be formally considered by Council prior to the DA being determined by the JRPP. Construction drawings are currently under preparation. Council continues to negotiate with the adjoining owner with a view to the second stage of the road delivery being possible in the future.

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 make these two link roads from Dumaresq Street a much higher priority.

No 12 Bent Street, Lindfield has also been purchased by Council, which will eventually create a new road linking a new realigned Drovers way to Beaconsfield Parade, Lindfield.

The Local Centres LEP removed a proposed link road through 12A Park Crescent in Pymble. On 23October 2012 Council resolved to divest 12A Park Crescent and on the 15 June 2013 the property was sold.

Census 2011

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 considerable development has taken place since then. As such, the 2011 census is a very important census for Ku-ring-gai and the first opportunity to understand who is living in these new developments.

Data from the 2011 census is expected to provide valuable information on new residents arising from new development both directly (in terms of the residents of newly constructed units) and indirectly (new residents moving into established housing vacated by people down-sizing – though this is more difficult to definitively examine).

Concentrated census analysis is on hold until there is more certainty arising from the new planning regime following the White Paper and Draft Exposure Bill.

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 Housing Australia redevelopment of lands which were formally part of the UTS at Lindfield. A second draft VPA for another site is currently in final draft stages.

Following the experience of these two VPAs it would be appropriate to review and update this policy in the 2013/2014 year. Once drafted, a report will be put to Council prior to the exhibition of any such draft document.

Governance Matters

Regular reporting

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.

Internal audit

Council’s Contributions System was recently the focus of an internal review. While generally the system is well managed, there are a couple of areas that could be further improved including documenting and updating of current procedures for incorporation in the procedures manuals of each relevant section of Council which is involved in a component of the contributions process, and a formal audit that contributions arising from privately certified applications have been paid (and appropriate legal proceedings instigated if required). An internal committee is being set up to ensure these matters are attended to.

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.

A much greater risk is the uncertainty surrounding the implementation of many of the proposals provided for in the White Paper: A New Planning System for NSW and associated Draft Exposure Bill. This will be a key focus of effort and activity during 2013/2014.

Acquisition of a number of targeted sites by negotiation has not been possible. Council may need to consider compulsory acquisition of some of these sites to assist with finalisation of a range of park and local road land projects in a timely manner.

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. It is updated annually and duly reported to Council to ensure its currency. 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 Council 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 before the end 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.

Social Considerations

Ku-ring-gai Local Government Area has been going through a period of change commencing 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 recent review, redesign and upgrade of Ku-ring-gai Council’s website can facilitate this process. Unfortunately, current workload of strategic projects has not permitted priority to be given to the upgrading of the contributions area of the website to showcase Ku-ring-gai’s on-going achievements as outlined in this report. This remains a key objective for 2013/2014.

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. This is the fifth in a series of six-monthly updates since 2011. 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 financial 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.

Recommendation:

A. That the latest update report on the development contributions system in Ku-ring-gai be received and noted.

B. That Council does not progress the Lindfield Village Green EOI process due to the non-compliant nature of the submissions and that those persons who made submissions are notified of Council’s decision.

Kate Paterson

Infrastructure Co-ordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 13 August 2013	GB.7 / 285

Item GB.7	S09370
	30 July 2013

Tender T06/2013 - Mahratta Curtilage Park Upgrade, Wahroonga

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for the construction of Mahratta Curtilage Park, Wahroonga.

background:	At the Ordinary Meeting of Council held on 18 October 2011, Council resolved to proceed to the documentation process to enable tendering for the construction of the park as appropriate once relevant approvals were obtained. On 13 February 2012, Council received approval under a Section 60 application from the Heritage Branch of the NSW Office of Environment and Heritage under a Section 60 application for the proposed works in accordance with the Conservation Management Plan (CMP) for 1536 Pacific Highway Tender documents were released through Tenderlink on 18 May 2013 with a closing date of 11 June 2013.

comments:	Tender documents were produced with six (6) submissions received. The submissions were assessed using agreed criteria which identified the best value to Council.

recommendation:	That Council accepts the tender from GJ’s Landscape Pty Ltd for the construction of Mahratta Curtilage Park, Wahroonga.

Purpose of Report

To consider the tenders received for the construction of Mahratta Curtilage Park, Wahroonga.

Background

At the Ordinary Meeting of Council held on 18 October 2011, Council resolved to proceed to the documentation process to enable tendering for the construction of the park as appropriate once relevant approvals were obtained.

On 13 February 2012, Council received approval under a Section 60 application from the Heritage Branch of the NSW Office of Environment and Heritage under a Section 60 application for the proposed works in accordance with the Conservation Management Plan (CMP) for 1536 Pacific Highway

Tender documents were released through Tenderlink on 18 May 2013 with a closing date of 11 June 2013.

Comments

Six (6) tenders were received and recorded in accordance with Council’s tendering policy. Tenders were received from the following companies:

· Go Gardening

· GJ’s Landscapes Pty Ltd

· Civil Works NSW Pty Ltd

· Court Craft Australia Pty Ltd

· Co-ordinated Landscapes Pty Ltd

· AXIS Construction Pty Ltd

A Tender Evaluation Panel consisting of staff from the Operations and Strategy & Environment Departments and a representative from Taylor Brammer was formed to assess the six (6) tenders received. The initial part of the evaluation, based on conformity and cost, identified one (1) submission as having been received late and two (2) submissions being greater than Council’s available funds. No further assessment was carried out on the late submission or the two (2) submissions greater than Council available funds.

The remaining three (3) submissions were evaluated taking into account:

· lump sum fee;

· Provisional rates;

· Company and staff experience;

· Ability to provide the full range of services required;

· Work program;

· Previous performance in relation to similar type work; and

· Company’s financial capacity.

The confidential attachments to this report include:

· list of tenders received and additional financial information (Attachment 1),

· Tender Evaluation Panel’s comments and recommendation (Attachment 2), and

· An independent Performance and Financial Assessment which was carried out by Corporate Scorecard Pty Ltd (Attachment 3).

All three (3) companies assessed demonstrated suitability and qualifications to carry out all services required to complete the work. From the available information taken into account during the scoring from each element of the assessment, GJ’s Landscapes Pty Ltd was identified as providing the best value to Council.

In order to ensure Council is not exposed to financial risk and GJ’s Landscapes Pty Ltd is trading in a ‘sound and profitable manner’, an independent Performance and Financial Assessment was carried out by Corporate Scorecard Pty Ltd.

GJ’s Landscapes Pty Ltd is identified as providing the ‘best value’ to Council.

Governance Matters

Tender documents were prepared and released through Tenderlink on 18 May 2013 with a closing date of 11 June 2013. At the close of tender, six (6) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel consisting of staff from the Operations and Strategy & Environment Departments and a representative from Taylor Brammer was formed to assess the six (6) tenders received.

The evaluation took into account:

· Conformity of submission;

· Lump sum fee;

· Provisional rates;

· Company and staff experience;

· Ability to provide the full range of services required, work program;

· Previous performance in relation to similar type work; and

· 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

Three (3) 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 landscape/urban work in close proximity to residential properties.

· The ability to work in an environmentally sensitive area with heritage importance – this was assessed from the information requested as part of the tender submission.

· That Council should not be exposed to financial risk. As part of the evaluation process, an independent Performance and Financial Assessment was carried out on the preferred tender to ensure that they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

As part of the independent Financial and Performance Assessment the following areas were examined:

· that GJ’s Landscapes Pty Ltd had the financial capacity to undertake the proposed value of work;

· that they had been trading in a profitable and responsible manner during the last three (3) years; and

· that they had sufficient assets/reserves to cover all possible debts during the period of work.

The financial aspect of the assessment shows GJ’s Landscapes 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.

Following evaluation, including an independent Performance and Financial Assessment of GJ’s Landscapes Pty Ltd by Corporate Scorecard Pty Ltd, the tenderer assessed as providing the best value to Council was GJ’s Landscapes Pty Ltd.

Financial Considerations

This project to create a new park at this location is listed in Council’s 2012/13 Operational and Delivery Plan - PJ101882 Mahratta Curtilage Park.

The project was listed in Ku-ring-gai Council Section 94 Contributions Plan 2004-2009. This provides for a budget of $133,000 plus a reasonable amount of accrued interest to fund the embellishment of this park. This plan has been subsumed in to the Contributions Plan 2010, which allows a rate of $427/m² for the development of a new park. As this site is 2037m², an amount of $869,799 could be allocated for works. Due to the retention of many existing elements and the heritage character of the site, as well as the absence of any buildings to be demolished, the works are estimated as $295,377.50. Details of this sum are shown in Attachment 1.

During the planning and design stages of this project, it was always planned the budget would be increased following the tender assessment in order to allow the correct amount of funding to be allocated. The required balance of funds of $162,377.50 will be allocated from the Ku-ring-gai Contributions Plan 2010, Local Parks and Sporting Facilities (north) reserve. In accordance with statutory obligations, at the finalisation of the project all unspent funds will be returned to this plan.

Social Considerations

The parkland is classified as a ‘Local Park’ within Council’s open space system. The parkland has been unavailable for public use for over 20 years. By opening up the park for use, the local recreation needs of the community can be catered for, now and into future. This park will provide much needed recreation space for new residents of the recently constructed residential apartment blocks along the Pacific Highway both north and south of the site This park is located in an area lack of passive open space and playgrounds.

The parkland will serve to maintain the important curtilage to both adjoining State Heritage Listed Houses. The significance of the park as an area of curtilage will be explained to park users by an interpretive sign which will be erected within the park.

The proposed works are in line with Council’s Community Strategic Plan 2030 and the Plan’s long term directions including the objective to have a community that embraces healthier lifestyle choices and practices; and to provide quality open space, community and recreational facilities to meet the needs of our changing community.

Environmental Considerations

Prior to tender, the project was subject to a Potential Environmental Impact Assessment which determined the works to have a minor impact on the environment. The removal of noxious weeds will improve a continuing weed source to the surrounding area.

The Conservation Management Plan identifies this open space as visually significant in an area of ever increasing housing density. Retaining this open space will preserve the original patterns of large lot subdivision from the development of Wahroonga in the 1890s. The retention of the land as open space will contribute to the biodiversity and ecological attributes of the local area with existing significant trees being retained and incorporated into the overall design.

Community Consultation

The three (3) adjoining owners have been advised of the park construction. Plans have been provided for comment. The Mahratta property owners, School of Philosophy, have previously objected to the erection of the fence and opening of the parkland to the community for recreation. Their concerns were overruled when the NSW Heritage Council granted a Section 60 approval.

The School of Philosophy have been removed some of their encroachments from the park but some still remain. These will be resolved as a separate issue and do not form part of the tender.

Internal Consultation

Consultation was undertaken with Council’s Community, Strategy & Environment, Development & regulation and Operations Departments with regards to bookings , requirements of access over community land, any relevant encroachments and on-going maintenance.

Summary

Tender documents were released through Tenderlink on 18 May 2013 with a closing date of 11 June 2013.

At the close of tender, six (6) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel was formed consisting of representatives from Operations and Strategy & Environment Departments and a representative from Taylor Brammer.

Following the evaluation and independent performance and financial check, it is recommended GJ’s Landscapes Pty Ltd be appointed on the basis of providing the best value to Council.

Recommendation:

A. That Council accepts the tender submission from GJ’s Landscapes Pty Ltd to carry out the construction of the new Mahratta Curtilage Park, Wahroonga.

B. That Council approve the balance of funds required to be transferred from Section 94 Contribution funds to the project.

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

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

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

David Morris

Manager Projects

Greg Piconi

Director Operations

Attachments:	A1	List of Tenders received	Confidential
	A2	Tender Evaluation Panel's comments and recommendations	Confidential
	A3	Performance and Financial Assessment	Confidential

Ordinary Meeting of Council - 13 August 2013	MM.1 / 16

Item MM.1	EM00005/52
	5 August 2013

Ordinary Meeting of Council - 13 August 2013	NM.1 / 291

Item NM.1	S05304
	2 August 2013