Ordinary
Meeting of Council
TO
BE HELD ON Tuesday, 25 November 2014 AT 7.00pm
Level
3 Council Chambers
Agenda
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NOTE:
For Full Details, See Council’s Website –
www.kmc.nsw.gov.au
under the link to business papers
APOLOGIEs
DECLARATIONS OF INTEREST
Confirmation of Reports to be
Considered in Closed Meeting
NOTE:
That in accordance with
the provisions of Section 10 of the Local Government Act 1993, all officers’
reports be released to the press and public, with the exception of the
following Confidential Reports and their respective attachments:
C.1 Gordon Pedestrian
Air-Bridge – Lease Variation – Signage
C.2 Sale of Residual Land - Gordon
Address the Council
NOTE: Persons
who address the Council should be aware that their address will be tape
recorded.
Documents Circulated to Councillors
CONFIRMATION OF MINUTEs
Minutes of Ordinary Meeting of Council 10
File: S02131
Meeting held 11 November 2014
Minutes numbered 356 to 381
Minutes of Extraordinary Meeting of Council
File: S02131
Meeting held 18 November 2014
Minutes to be circulated
separately to Councillors and Directors ONLY
minutes from the Mayor
Petitions
GENERAL BUSINESS
i.
The Mayor to invite Councillors to
nominate any item(s) on the Agenda that they wish to have a site inspection.
ii.
The Mayor to invite Councillors to
nominate any item(s) on the Agenda that they wish to adopt in accordance with
the officer’s recommendation allowing for minor changes without debate.
GB.1 North
Turramurra Recreation Area - Professional Golf Services 50
File: S07446
For Council to approve an
extension of term for the professional services contract to Elite Golf NSW and
Tee Top Pty Ltd at North Turramurra Golf Course, and for Council to consider a
reduction in lease fees for the course professional.
Recommendation:
That Council approve an extension
of term for 1 year until 31 October 2016 for the professional services contract
to Elite Golf NSW and Tee Top Pty Ltd at North Turramurra Golf Course. It is
also recommended that the contract extension include a rental adjustment in
course lease fees to allow the contractor to remain viable during the upgrading
process at North Turramurra Recreation Area.
GB.2 Policy for
the Payment of Expenses and Provision of Facilities to Councillors 63
File: S03779/2
To recommend the adoption of the
revised Policy for the Payment of Expenses and Provision of Facilities to
Councillors.
Recommendation:
That the revised Policy for the
Payment of Expenses and Provision of Facilities to Councillors be adopted.
GB.3 Analysis
of Land and Environment Court Costs - 1st Quarter 2014 to 2015 92
File: S05273
To report legal costs in relation
to development control matters in the Land and Environment Court for the three
months ended 30 September 2014.
Recommendation:
That the analysis of Land and
Environment Court costs for the three months ended 30 September 2014 be
received and noted.
GB.4 Investment
Report as at 31 October 2014 101
File: S05273
To present Council’s investment
portfolio performance for October 2014.
Recommendation:
That the summary of investments
performance for October 2014 be received and noted; and that the Certificate of
the Responsible Accounting Officer be noted and report adopted.
GB.5 2014 -
2015 Budget Review - 1st Quarter Ended September 2014 110
File: S08023/6
To inform Council of the results
of the 1st quarter budget review of 2014/15 and seek approval to
adjust the annual budget based on the actual financial performance and trend
for the period 1 July 2014 to 30 September 2014.
Recommendation:
That Council receive and note the
September 2014 Quarterly Budget Review and that the recommended changes to the
2014/15 Budget be adopted.
GB.6 23
Chisholm Street South Turramurra - Demolition of Existing Dwelling and
Structures and Torrens Title Subdivision into Four Lots 152
File: DA0238/14
Ward: Comenarra
Applicant:
Turnbull Planning International Pty Limited
Owner: Pinnacle
Landscape & Concretors Pty Limited
Demolition of existing dwelling
and structures and Torrens title subdivision into four lots
Recommendation:
Approval
GB.7 Draft
Ku-ring-gai Local Environmental Plan 2013 - Deferred Draft Heritage Items 205
File: S10098
To have Council consider
additional heritage items for inclusion in the Ku-ring-gai Local Environmental
Plan 2013 (KLEP 2013).
Recommendation:
To prepare a Planning Proposal to
include the recommended properties as a heritage items under KLEP 2013.
GB.8 Lindfield
Community Hub - Probity Management Plan 365
File: S09780
The purpose of this report is to
provide a copy of the Lindfield Community Hub Probity Management Framework for
Council’s information.
Recommendation:
That Council receive and note the
Lindfield Community Hub Probity Management Framework.
GB.9 Environmental
Levy Small Grants Scheme - Round 16 402
File: S04553/10
To seek Council’s endorsement to
fund round sixteen (16) of the Environmental Levy’s Community Small Grants
Scheme.
Recommendation:
That Council supports the
recommendation of the small grants assessment panel to fund fifteen (15) projects,
totalling $50,152, under round sixteen (16) of the Environmental Levy Community
Small Grants Scheme.
GB.10 St Ives
Showground and Precinct Lands Draft Plan of Management 408
File: S06604/2
To place the Draft St Ives
Showground and Precinct Lands Plan of Management on public exhibition in
accordance with the requirements of the Local Government Act 1993.
Recommendation:
That the Draft St Ives Showground
and Precinct Lands Plan of Management be placed on public exhibition for 10
weeks, which includes the minimum period of 28 days with a further 14 days for
public comment, in accordance with the requirements of the Local Government Act
1993, plus a further 28 days due to the Christmas holiday period.
GB.11 Draft
Roseville Park Landscape Master Plan for Public Exhibition 660
File: S09990
To seek Council's approval to
place the draft Roseville Park Landscape Master Plan on public exhibition.
Recommendation:
That Council place the Draft
Roseville Park Landscape Master Plan on public exhibition, and that a report be
brought back to Council following public exhibition to consider submissions
received during the exhibition period and formally adopt the Landscape Master
Plan.
GB.12 Overt
Electronic Surveillance Policy 676
File: S02294
To adopt the Policy for Overt
Electronic Surveillance in Public Places to assist in acting as a deterrent
against illegal dumping, littering, vandalism and graffiti.
Recommendation:
That Council adopt the Policy for
Overt Electronic Surveillance in Public Places.
Extra Reports Circulated to Meeting
Motions of which due Notice has
been given
NM.1 Robert
Pymble Park 704
File: S03150
Notice
of Motion from Councillor Berlioz dated 17 November 2014
In the last few months there has
been an increase in crime and antisocial behaviour in Robert Pymble Park and
adjacent shops. This includes graffiti, vandalism and alleged assaults. This
spike of anti-social activity has induced fear in the local residents and
shopkeepers.
The criminal activities are being
dealt with by the Police and Council is taking immediate action to implement
strategies based on crime prevention including graffiti removal and improved
lighting.
Alcohol and drugs are fuelling
this anti-social behaviour and violence. To address this, it is important to
establish an Alcohol Prohibited Area to prohibit the consumption and possession
of alcohol and/or other activities. This can only be done by resolution of
Council. Under the Local Government Act 1993 Notices which include prohibiting
the taking in or consumption of alcohol is supported by severe fixed penalty
for offenders. Fines may be imposed by Police and Council rangers for persons
acting contrary to a notice erected by a Council.
In preparing a proposal to
establish an alcohol-prohibited zone a Council must consult with the relevant
Police Local Area Commander. It is moved that Council:
“1. Resolve
to establish Robert Pymble Park as an Alcohol Prohibited Area between 7pm and
6am pursuant to the Local Government Act 1993.
2. Council
officers in conjunction with the Crime Prevention Officer at Hornsby as soon as
practical carry out a Community Safety Audit of the park and the Audit be
reported back to Council.
3. Provide
a report to Council in February 2015 on progress of 1 and 2.”
NM.2 Robert
Pymble Park 705
File: S03150
Notice of Motion from Councillor Ossip
dated 17 November 2014
In recent times, it has become increasingly apparent that
there are significant law and order issues in the Pymble town centre.
I have been contacted by a concerned group of residents and
shop owners, parents and retirees, who live and work in the vicinity of the
Pymble shopping strip and Robert Pymble Park who would like to see a serious
Pymble community problem dealt with decisively.
Robert Pymble Park, Corner of Alma Avenue and Park Crescent,
has become the haunt of a street gang.
Most Friday and Saturday nights, the Police have to be
called to quell the fracas that develops, often fuelled by drugs and alcohol.
The gang systematically vandalises the park facilities,
graffitis all surfaces and litters the lawns and tennis courts with shards of
broken glass. They also graffiti the Grandview Avenue shop fronts as they
depart. Some of the graffiti has been obscene and, in recent times, gang members
have allegedly defecated on private property.
Individual gang members have become increasingly brazen of
late, threatening people who approach them. Of great concern, I have been
informed that at least two neighbourhood school girls have been sexually
assaulted walking through the park. One of these girls was hospitalised for 3
months as a consequence. The gang has also allegedly assaulted a 12 year old
school boy. Female shop owners in Pymble have told me that they will no longer
walk to their cars on Alma Avenue in the evening unless they are accompanied,
due to harassment and concerns for their physical wellbeing.
The more I speak to residents in the area, the more I become
aware of the anti-social behaviour which residents in this area have had to
endure and the impact this is having on their day-to-day lives. Police
routinely have to attend the park and deal with serious incidents.
Furthermore, public resources are being wasted in having to
continually remove graffiti from public property and replace destroyed
facilities. Every Saturday and Sunday morning, Council staff can be found
cleaning the park and removing broken glass from the park and tennis courts.
The
status quo is quite simply unacceptable and cannot be tolerated any longer. We
need to act in a proactive manner to discourage these individuals from
terrorising the local community and destroying public property. This is a law
and order emergency which must be dealt with immediately.
I
therefore move that Council:
“1. Prepares a comprehensive
strategy to deal with anti-social behaviour in the Pymble Town Centre.
2. In preparing this
strategy, Council consult with local law and enforcement authorities and the
relevant state members of Parliament.
3. Installs better
lighting in Robert Pymble Park, specifically around
the tennis courts, pavilion, picnic table, and play area.
4. Investigate
the possibility of installing CCTV in the Pymble Town Centre and Robert Pymble
Park.
5. Designates the park as a no alcohol zone at
night, and deploys signage to make this clear.
6. Locks the tennis shelter, toilets and tennis
courts at night.
7. A preliminary report on this matter be
brought back to the next ordinary meeting of Council.”
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF
GENERAL REGULATIONS
Questions Without Notice
Inspections Committee – SETTING OF TIME, DATE AND
RENDEZVOUS
Confidential Business to be
dealt with in Closed Meeting
C.1 Gordon
Pedestrian Air-bridge - Lease Variation - Signage
File: S07252/5
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)(d)(i), of the Act, and
should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(d) of the Act permits
the meeting to be closed to the public for business relating to commercial
information of a confidential nature that would, if disclosed:
(i) prejudice
the commercial position of the person who supplied it, or
(ii) confer
a commercial advantage on a competitor of Council, or
(iii) reveal
a trade secret.
This matter is classified confidential
under section 10A(2)(d)(i) because it deals with tenders. Tender details,
should they be revealed, may result in commercial disadvantage to parties
involved in the tender process. Some information provided to Council by
tenderers is provided on the basis that Council will treat it as commercial in
confidence.
It is not in the public interest to
reveal details of these tenders or the assessment process. Tenderers have
provided sensitive information about their operations in the confidence that
their details will not be made public by Council. The practice of publication
of sensitive information provided by tenderers could result in the withholding
of such information by tenderers and reduction in the provision of information
relevant to Council’s decision.
Report by
Director Strategy and Environment and Manager Integrated Planning, Property
& Assets dated 25 July 2013
C.2 Sale of
Residual Land - Gordon
File: S08130/5
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)(c), of the Act, and
should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(c) of the Act permits
the meeting to be closed to the public in respect of information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business.
The matter is classified confidential
because it deals with the proposed acquisition and/or disposal of property.
It is not in the public interest to
release this information as it would prejudice Council’s ability to acquire
and/or dispose of the property on appropriate terms and conditions.
Report by
Director Strategy and Environment and Manager Integrated Planning, Property
& Assets dated 14 November 2014
John McKee
General
Manager
** ** ** ** ** **
Minute Ku-ring-gai
Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 11 November 2014
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Present:
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The Mayor, Councillor J Anderson (Chairperson) (Roseville
Ward)
Councillors E Malicki & J Pettett (Comenarra Ward)
Councillors D Citer & C Szatow (Gordon Ward)
Councillors C Berlioz & D Ossip (St Ives Ward)
Councillor D Armstrong (Roseville Ward)
Councillors C Fornari-Orsmond & D McDonald (Wahroonga
Ward)
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Staff Present:
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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 Records & Governance (Matt Ryan)
Minutes Secretary (Sigrid Banzer)
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The Meeting
commenced at 7.00pm
The Mayor offered
the Prayer
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.
Councillor
David Citer declared a significant non-pecuniary of interest in GB.3 - 2014
Ku-ring-gai Community Grants (advised that he is the former Manager of KYDS and
KYDS is actually one of the beneficiaries of the item) and based on that
advice, he will leave the Chamber before the debate and voting on the item.
Councillor
David Citer declared a significant non-pecuniary of interest in GB.9 –
Reclassification of Council Land – 259-271 Pacific Highway Lindfield (advised
that he is the former Manager of KYDS and had an office in the rear of the
Lindfield Library for a period of 8 years and I believe that may affect my
discretion on that particular matter) and based on that advice, he will leave
the Chamber before the debate and voting on the item.
Councillor
Christiane Berlioz declared a less than significant non-pecuniary of interest
in MM.1 – Ku-ring-gai Council commended by the Planning Institute of Australia
(advised that her son has recently started work with PricewaterhouseCoopers)
and based on that advice and there is no need for her to leave during debate of
the item.
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356
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CONFIRMATION OF REPORTS TO BE
CONSIDERED IN CLOSED MEETING
File: S02499/8
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Resolved:
(Moved: Councillors McDonald/Pettett)
A. 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 the following Confidential report and its respective
attachments:
C.1 Nominations for Joint
Regional Planning Panel Members
Attachment
A1: Letter from Minister of Planning dated 28 July 2009
Attachment
A2: Regional Panels Code of Conduct September 2012
Attachment
A3: Regional Panels Operational Procedures September 2012
Attachment
A4: Letter from the Minister for Planning and Infrastructure received 7
August 2014
Attachment
A5: Application from Mr Penn Hsiang
Attachment
A6: Application from Mr John Bruce
Attachment
A7: Application from Professor Curson
Attachment
A8: Public Advertisement calling for Expressions of Interest
B. That
in accordance with the provisions of Section 10 of the Local Government Act
1993, all officers’ reports be released to the press and public, with the
exception of confidential attachments to the following General Business
reports:
GB.9 Reclassification of Council
Land - 259-271 Pacific Highway Lindfield
Attachment
A1: . Valuation report - 259-271 Pacific Highway - Lindfield - FINAL
GB.11 Tender 20/2014 - Disposal and
Processing Green Waste and Dry Recyclables
Attachment
A1: . List of Tenders received - recyclables
Attachment
A2: . List of Tenders received - green waste
Attachment
A3: . Tender Evaluation Panel's assessment - recyclables
Attachment
A4: . Tender Evaluation Panel's assessment - green waste
Attachment
A5: . Corporate Scorecard - Financial assessment - Tenderer AR
Attachment
A6: . Corporate Scorecard - Financial assessment - Tenderer AG
GB.12 Tender 21/2014 - North
Turramurra Recreation Area - Stage 3 - Irrigation Works
Attachment
A1: . List of Tenders received
Attachment
A2: . Tender Evaluation Panel's assessment
Attachment
A3: Corporate Scorecard - financial assessment
CARRIED
UNANIMOUSLY
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Address the Council
The following members of the
public addressed Council on items not on the Agenda:
S McKenzie - Support
Lindfield
M Inglis - Marian
Street Theatre
P Cooper - Avon
and Beechworth Part 3A
J Gill - Avon
and Beechworth Part 3A
M McCrae - MSTYP
2015 Grant
A D’Souza - Avon
Road
J Hooke - Wayne
Goss
M Hampton - Avon
and Beechworth Part 3A
J Fenton - Avon
and Beechworth Part 3A
J Watson - Culworth
Avenue Car Park
DOCUMENTS CIRCULATED
TO COUNCILLORS
The Mayor adverted to the
documents circulated in the Councillors’ papers and advised that the following
matters would be dealt with at the appropriate time during the meeting:
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Late Items:
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Refer
MM.1 - Ku-ring-gai Council commended by the Planning Institute of Australia
Refer
MM.2 - PriceWaterhouseCoopers Survey of NSW Councils – Ku-ring-gai‘s Result
Refer
MM.3 - Discovery of New Plant in Ku-ring-gai
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Councillors Information:
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Setting
of Meeting between Rural Fire Service Commissioner and Ku-ring-gai Council
– Memorandum from Director Operations dated 31 October 2014 in answer to a
Question Without Notice raised by Councillor Malicki at the Ordinary Meeting
of Council held 28 October 2014
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CONFIRMATION OF
MINUTEs
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357
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Minutes of Ordinary
Meeting of Council
File: S02131
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Meeting held 28 October 2014
Minutes numbered 331 to 355
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Resolved:
(Moved: Councillors Fornari-Orsmond/McDonald)
That Minutes numbered 331 to 355 circulated to Councillors
were taken as read and confirmed as an accurate record of the proceedings of
the Meeting.
CARRIED
UNANIMOUSLY
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Councillor Citer
withdrew
Councillor Ossip
withdrew
minutes from the Mayor
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358
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Ku-ring-gai Council commended by the
Planning Institute of Australia
File: S08662
Vide: MM.1
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I am proud to advise residents and my Councillor
colleagues that the Planning Institute of Australia (PIA) has recognised
Ku-ring-gai Council’s strategy of acquiring land for public open space.
The Council received a commendation at the PIA’s annual
awards for planning excellence which were announced last week. The
commendation was in the Plan to Place category for the Council’s long-term
strategy of acquiring land for public open space in areas where there are
medium density apartment developments and associated population growth.
This is the second time the Council has received national
professional recognition for the strategy. Earlier this year the Council also
received an award from Parks & Leisure Australia.
The two awards underline the innovative approach we are
taking to acquiring land for public use. It’s worth noting that in the past
seven years alone, the Council has spent over $42 million acquiring land. In
the last financial year alone, we have spent $8.8 million.
Ku-ring-gai has a steadily growing population that is
expected to increase by around 17% in the next 20 years. Our current
population is 114,000 and according to the Australian Bureau of Statistics
projections, this will expand to approximately 135,000 by the year 2035. It
is vital that the Council takes a long-term approach towards land use
planning and more particularly, providing local parks and sports facilities
which are already in short supply on the north shore.
Ku-ring-gai’s open space strategy is based on identifying
and rezoning land for new parks and open space; disposing of unused remnants
of Council land to purchase larger plots of land and working closely with
sports clubs and residents to build sustainable sports fields, playgrounds,
parks, multi-sport courts and clubhouses.
Under the strategy the Council has built new parks and
playgrounds in St Ives, Turramurra, Gordon, Lindfield, Killara and
Wahroonga. The strategy is an ongoing one and future acquisitions will be
based in locations in Ku-ring-gai with high population growth and wider
housing choice.
I commend the Council staff who have been pivotal in the
success of this strategy, which is of great long-term benefit to the
Ku-ring-gai community.
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Resolved:
That the Mayoral Minute be received and noted
CARRIED
UNANIMOUSLY by all those present
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Councillor Citer
returned
Councillor Ossip
returned
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359
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PriceWaterhouseCoopers Survey of NSW
Councils - Ku-ring-gai's Result
File: S09613
Vide: MM.2
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I am pleased to advise my Councillor colleagues that a
benchmarking survey by PricewaterhouseCoopers (PwC) of over 70 NSW Councils
has found Ku-ring-gai is a leader in the five key indicators of Workforce;
Finance; Operations; Risk Management and Corporate Leadership.
The survey was commissioned by Local Government
Professionals Australia (NSW) and conducted by PwC among Councils
volunteering to be part of the project. The survey measured data from the
2012-2013 financial year for 72 NSW Councils.
The poll is the first step in an in-depth analysis by
Local Government Professionals on the effectiveness of NSW local government,
in response to a request by Minister Paul Toole for their input into the
reform of NSW Councils.
According to Local Government Professionals, the results
of the survey ‘enhance (councils’) ability to deeply understand their overall
business performance at a time when this could make a difference to their
future…’
Survey highlights for Ku-ring-gai were:
• Total
capital expenditure for each Ku-ring-gai resident was $570, compared with
$230 per resident for other metro Councils;
• Ku-ring-gai
achieved 85% of its operational plan, compared with 77% for the other
Councils;
• The
costs of Council staff were 36% of the budget for Ku-ring-gai, compared with
large metro Councils of 41%;
• Ku-ring-gai’s
percentage of management & supervisory functions compared well with the
private sector, at 17.6% of total staff. The private sector averages 16.7%
and other Councils 22%;
• Ku-ring-gai
has a low level of staff overtime at 1.4%, compared with the average in other
Councils of 4%;
• 35%
of workforce have more than 4 weeks annual leave compared to 41% for all
other Councils.
At a time when the NSW Government is asking every Council
to demonstrate they are Fit for the Future, I look forward to these results
forming part of Council’s submission to the Government in June next year. It
is my belief that these survey results underline Ku-ring-gai’s record as a
high-achieving Council. They also confirm our recent accolade as the most
progressive urban Council in NSW, through winning the 2014 Bluett Award for
excellence in local government.
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Resolved:
That the Mayoral Minute be received and noted.
CARRIED
UNANIMOUSLY
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360
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Discovery of New Plant in
Ku-ring-gai
File: S10406
Vide: MM.3
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In the past few days Ku-ring-gas has been in the media
spotlight following our announcement of the discovery of a new plant species
in Ku-ring-gai. Since the story broke I have been overwhelmed by the
feedback, positive comments and general feeling of excitement from residents
that something so unique can have happened in our local area.
The discovery of this plant – which will be known as
Julian’s Hibbertia – has been a labour of love by staff member Andrew
Robinson, who is the Council’s bushland technical officer. It has been an
eight year journey for Andrew, who first came across the plant in 2006. The
end result of his determination and dedication is official recognition of
Julian’s Hibbertia as a completely new species in the Hibbertia genus. I was
privileged to be shown the plant personally by Andrew and was struck by his
knowledge, painstaking perseverance and modesty.
Julian’s Hibbertia is only found in one known location in
Ku-ring-gai which will not be publicly disclosed. I understand that there
are reports of two other locations in Sydney where the plant has been found,
although these are unconfirmed at this stage.
Andrew has been granted official approval to name the
plant after a close friend who died four years ago, who was an inspiration to
him in taking up his chosen career.
To sum up, this is the most exciting news in botanical
circles since the discovery of the Wollemi Pine – and just as significant.
Sydney has not seen a new plant discovery for decades. It seems quite
incredible that in the year 2014 we are still discovering new species of
plants, but it is proof that rare plants can survive in an urban setting and
that there could be others out there waiting to be found.
The Council will now work with the Royal Botanic Gardens
to try and ensure the long-term survival of Julian’s Hibbertia. This
involves the gathering and storage of viable seed and possible propagation.
However this is still some way off, so the plant will continue to grow in the
wild under our protection.
To ensure that the plant is protected and that this
protection is enforceable under the law, we have applied and received an
emergency listing for Julian’s Hibbertia as critically endangered
vegetation. This is the highest level of legal protection for any plant and
it means that anyone attempting to steal Julian’s Hibbertia will potentially
face thousands of dollars in fines and imprisonment if caught. We are also
stepping up the physical protection of the area where the plant is found to
ward off potential thieves.
In addition to thanking and commending Andrew for his
dedication, I would also like to acknowledge the contribution of the Royal
Botanic Gardens and the State Herbarium of South Australia, without whom the
new plant could not have been recognised.
This amazing discovery is a great example of Ku-ring-gai
Council’s commitment to the preservation and enhancement of biodiversity through
its policies and procedures and highly qualified staff, of whom Andrew is
one.
Finally I thank the NSW Government and Minister for the
Environment Rob Stokes for acting promptly on our request for an emergency
listing of the plant as critically endangered. Once the listing is
formalised, the plant will also be recognized as critically endangered under
federal legislation.
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Resolved:
A. That
the Mayoral Minute be received and noted.
B. That the
Mayor write to Andrew Robinson providing him with a copy of the Mayoral
Minute.
CARRIED
UNANIMOUSLY
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PETITIONS
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361
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950 Pacific Highway Pymble - Support
for Development of a Bunnings Warehouse - (Two Hundred and Thirty-five [235]
Signatures)
Files: DA0054/14, S10293
Vide: PT.1
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The following Petition was presented by Councillor
David Citer:
“We, the undersigned, support
the development of a Bunnings Warehouse at the corner of Ryde Road and
Pacific Highway Pymble bringing Australia’s widest range of hardware and home
improvement to the Ku-ring-gai community.”
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Resolved:
(Moved: Councillors Citer/McDonald)
That the petition be received
and referred to the appropriate Officer of Council for attention.
CARRIED
UNANIMOUSLY
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GENERAL BUSINESS
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362
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Sponsorship
Requests 2014 / 2015
File: S05650
Vide: GB.2
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To advise Council of sponsorship requests, received under
Council’s Sponsorship Policy, for 2014/2015, and for Council to approve
requests for sponsorship over $5,000.
|
|
|
Resolved:
(Moved: Councillors Citer/Szatow)
That Council approve the sponsorship requests for Carols
in the Park for $10,000, the Welcome Basket for $5,000 and the Ku-ring-gai
Philharmonic Orchestra for $20,000.
CARRIED
UNANIMOUSLY
|
|
363
|
Council Meeting
Cycle for 2015
File: CY00438/2
Vide: GB.4
|
|
|
To consider the Council Meeting Cycle for 2015 which takes
into account school holidays, public holidays and the Christmas recess.
|
|
|
Resolved:
(Moved: Councillors Citer/Szatow)
A. That
the proposed scheduled meeting cycle for 2014 is as follows:
For 2015:
February 3 February 2015 Ordinary
Meeting of Council
24 February 2015 Ordinary
Meeting of Council
March 10 March 2015 Ordinary
Meeting of Council
31 March 2015 Ordinary
Meeting of Council
April 21 April 2015 Ordinary
Meeting of Council
28 April 2015 Ordinary
Meeting of Council
May 12 May 2015 Ordinary
Meeting of Council
26 May 2015 Ordinary
Meeting of Council
June 9 June 2015 Ordinary
Meeting of Council
23 June 2015 Ordinary
Meeting of Council
July 14 July 2015 Ordinary
Meeting of Council
28 July 2015 Ordinary
Meeting of Council
August 11 August 2015 Ordinary
Meeting of Council
25 August 2015 Ordinary
Meeting of Council
September 8 September 2015 Ordinary Meeting of
Council
15 September 2015 Ordinary
Meeting of Council
October 6 October 2015 Ordinary
Meeting of Council
27 October 2015 Ordinary
Meeting of Council
November 10 November 2015 Ordinary Meeting of
Council
24 November 2015 Ordinary
Meeting of Council
December: 8 December 2015 Ordinary Meeting
of Council
B. That
the first meeting of 2016 be held on Tuesday, 2 February 2016 with the normal
meeting cycle to resume on Tuesday, 23 February 2016.
CARRIED
UNANIMOUSLY
|
|
364
|
Joint Standing
Committee on Electoral Matters - Inquiry into the 2012 Local Government Elections
File: S08820
Vide: GB.5
|
|
|
To consider the State Government’s response to the final
report of the Joint Standing Committee on Electoral Matters in regard to its
inquiry into the conduct of the 2012 Local Government Elections.
|
|
|
Resolved:
(Moved: Councillors Citer/Szatow)
That Council receive and note the response from the State
Government to the final report of the Joint Standing Committee on Electoral
Matters in relation to an Inquiry into the 2012 Local Government Elections.
CARRIED
UNANIMOUSLY
|
|
365
|
73 Koola Avenue
East Killara - Demolition of Existing Structures and Three Lot Torrens Title
Subdivision
File: DA0202/14
Vide: GB.6
|
|
|
To determine Development Application No.0202/14 for the
demolition of existing structures and a three lot Torrens title subdivision.
|
|
|
Resolved:
(Moved: Councillors Citer/Szatow)
That
Ku-ring-gai Council, as the consent authority, grant development consent to
DA0202/14 the demolition of existing structures and Torrens title
subdivision of one lot into three lots on land at 73 Koola Avenue, East
Killara for a period of two (2) years from the date of the Notice of
Determination, subject to the following conditions:
Conditions
that identify approved plans:
1. Approved architectural plans and documentation
The
development must be carried out in accordance with the work shown on the
following plans and documentation listed below and endorsed with Council’s
stamp, except where amended by other conditions of this consent:
|
Plan
name
|
Drawn
by
|
Dated
|
|
Plan of proposed subdivision of Lot A in DP311107 - 13449 Rev
B
|
Survey Plus
|
2.06.2014
|
|
Site Management Plan Lot A In DP311107 - 13449 Rev A
|
Survey Plus
|
3.06.2014
|
|
Stormwater Plan - H-01 Issue A
|
WKL & Associates
|
15-08-14
|
|
Development Impact Assessment Report
|
Earthscape Horticultural Services
|
9 September 2014
|
Reason: To ensure that the development is in accordance with
the determination.
2. Inconsistency
between documents
In
the event of any inconsistency between conditions of this consent and the
drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with
the determination.
3. No
demolition of extra fabric
Alterations to, and demolition
of the existing building shall be limited to that documented on the approved
plans (by way of notation). No approval is given or implied for removal
and/or rebuilding of any portion of the existing building which is shown to
be retained.
Reason: To ensure compliance with the development consent.
Conditions
to be satisfied prior to demolition, excavation or construction:
4. Asbestos
works
All
work involving asbestos products and materials, including asbestos-cement-sheeting
(ie. Fibro), must be carried out in accordance with the guidelines for
asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety.
5. Tree
identification
Prior
to works commencing the existing trees noted in the arborist report shall be
numbered in accordance with the arborist report and/or the approved plans.
Trees shall be clearly tagged with confirmation from the project arborist
that all marked trees correspond with those shown on the approved plan.
Reason: To protect existing trees during the construction
phase.
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. Tree
protection fencing
To
preserve the following tree/s, no work shall commence until the area beneath
their canopy is fenced off at the specified radius from the trunk/s to
prevent any activities, storage or the disposal of materials within the
fenced area. The fence/s shall be maintained intact until the completion of
all demolition/building work on site.
|
Tree/location
|
Radius
in metres
|
|
T2
- Quercus robur (English Oak) / Southern boundary of Lot 51 adjacent
to the tennis court
|
10
metres
|
Reason: To protect existing trees during the construction
phase.
9. Tree
protection signage
Prior
to works commencing, tree protection signage is to be attached to each tree
protection zone, displayed in a prominent position and the sign repeated at
10 metres intervals or closer where the fence changes direction. Each sign
shall contain in a clearly legible form, the following information:
· Tree protection zone/No access
· This fence has been installed to prevent damage to the
tree/s and their growing environment both above and below ground
· The name, address, and telephone number of the
developer/builder and project arborist
Reason: To protect existing trees during the construction
phase.
10. 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
|
|
5
x Populus sp. (Poplar) / Western side of the existing dwelling
adjacent to the existing circular driveway
|
Reason: To protect existing trees during the construction
phase.
11. 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.
12. Construction waste
management plan
Prior to the
commencement of any works, the Principal Certifying Authority shall be
satisfied that a waste management plan, prepared by a suitably qualified
person, has been prepared in accordance with Council’s DCP 40 - Construction
and Demolition Waste Management.
The plan
shall address all issues identified in DCP 40, including but not limited to:
the estimated volume of waste and method for disposal for the construction
and operation phases of the development.
Note: The
plan shall be provided to the Certifying Authority.
Reason: To ensure appropriate management of construction
waste.
Conditions
to be satisfied prior to the issue of the construction certificate:
13. Project
arborist
A project Arborist shall be
commissioned prior to the release of the Construction Certificate to ensure
all tree protection measures are carried out in accordance with the
conditions of consent.
The project arborist shall
have a minimum AQF Level 5 qualification with a minimum of 5 years
experience. Details of the arborist including name, business name and contact
details shall be provided to the Principal Certifying Authority with a copy
to Council.
Reason: To ensure the protection of existing trees.
14. 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.
15. 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.
16. Interallotment
drainage design
Prior to issue of the
Construction Certificate, the applicant must submit, for approval by the
Principal Certifying Authority, full hydraulic design documentation for the
required interallotment drainage system from the subject property to the
approved point of discharge to the public drainage system. Plans are to be
prepared by a suitably qualified and experienced consulting civil/hydraulic
engineer in accordance with Ku-ring-gai Water Management Development Control
Plan No. 47 and AS3500.3 (2003) Plumbing Code. New pipes within the
downstream easement drainage system must be sized to have adequate capacity
to carry uncontrolled runoff from the contributing catchment and an
associated overland flow path is to be provided in the event of blockage of
the interallotment line. The plan(s) must be based on the Stormwater Plan
drawing No. H-01 issue ‘A’, dated 15 August 2014, prepared by
WKL & Associates.
The design requires an
225mm and 300mm diameter pipes to be provided. The minimum easement widths
for the proposed interallotment pipes are to be 1.2m and 1.3m, respectively,
as per Appendix 7.2 (c) of Council’s Water Management DCP No.47.
Reason: To ensure that satisfactory design of the
interallotment drainage in accordance with relevant codes and Australian
Standards.
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
|
|
Local
parks and local sporting facilities
|
$35,900.37
|
|
Local
recreation and cultural facilities; Local social facilities
|
$6,607.87
|
|
Total:
|
$42,508.24
|
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.
Notwithstanding
the total above, in accordance with the s94E Direction issued by the Minister
for Planning dated 3 March 2011, for so long as it remains legally in force,
the maximum amount payable for the subject development application shall be
$20,000 x 2 = $40,000.
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. 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.
20. 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.
21. 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.
22. Demolition
works near trees
To
avoid tree impacts demolition of the tennis hut shall be carried out by hand
within the specified radius of the trunk of the following tree.
|
Tree/location
|
Radius
in metres
|
|
T2
- Quercus robur (English Oak) / Southern boundary of Lot 51 next to
the tennis court
|
10
metres
|
Reason: To protect existing trees.
23. 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.
24. Statement of
compliance with Australian Standards
The demolition work shall
comply with the provisions of Australian Standard AS2601: 2001 The Demolition
of Structures. The work plans required by AS2601: 2001 shall be accompanied
by a written statement from a suitably qualified person that the proposal
contained in the work plan comply with the safety requirements of the
Standard. The work plan and the statement of compliance shall be submitted to
the satisfaction of the Principal Certifying Authority prior to the
commencement of any works.
Reason: To ensure compliance with the Australian Standards.
25. 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.
26. Dust control
During excavation, demolition
and construction, adequate measures shall be taken to prevent dust from
affecting the amenity of the neighbourhood. The following measures must be
adopted:
· physical barriers shall
be erected at right angles to the prevailing wind direction or shall be
placed around or over dust sources to prevent wind or activity from
generating dust
· earthworks and scheduling
activities shall be managed to coincide with the next stage of development to
minimise the amount of time the site is left cut or exposed
· all materials shall be
stored or stockpiled at the best locations
· the ground surface should
be dampened slightly to prevent dust from becoming airborne but should not be
wet to the extent that run-off occurs
· all vehicles carrying
spoil or rubble to or from the site shall at all times be covered to prevent
the escape of dust
· all equipment wheels
shall be washed before exiting the site using manual or automated sprayers
and drive-through washing bays
· gates shall be closed
between vehicle movements and shall be fitted with shade cloth
· cleaning of footpaths and
roadways shall be carried out daily
Reason: To protect the environment and amenity of
surrounding properties.
27. Use
of road or footpath
During
excavation, demolition and construction phases, no building materials, plant
or the like are to be stored on the road or footpath without written approval
being obtained from Council beforehand. The pathway shall be kept in a
clean, tidy and safe condition during building operations. Council reserves
the right, without notice, to rectify any such breach and to charge the cost
against the applicant/owner/builder, as the case may be.
Reason: To ensure safety and amenity of the area.
28. Guarding
excavations
All
excavation, demolition and construction works shall be properly guarded and
protected with hoardings or fencing to prevent them from being dangerous to
life and property.
Reason: To ensure public safety.
29. Protection
of public places
If the work
involved in the erection, demolition or construction of the development is
likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or building involves the enclosure of a
public place, a hoarding or fence must be erected between the work site and
the public place.
If necessary,
a hoarding is to be erected, sufficient to prevent any substance from, or in
connection with, the work falling into the public place.
The work site
must be kept lit between sunset and sunrise if it is likely to be hazardous
to persons in the public place.
Any hoarding,
fence or awning is to be removed when the work has been completed.
Reason: To protect public places.
30. Certification of
footings & excavation adjacent to easements
During demolition and
construction, the Principal Certifying Authority shall be satisfied that:
· footings, and any
required permanent excavation or drainage easement support, are constructed
in accordance with the conditions of this consent relating to footings and
excavation adjacent to drainage easements and/or drainage pipes
· footings allow for
complete future excavation over the full width of the easement to a depth of
the invert of the pipe, without the need to support or underpin the subject
structure
Reason: Safety.
31. 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.
32. Construction signage
All construction signs must
comply with the following requirements:
· are not to cover any
mechanical ventilation inlet or outlet vent
· are not illuminated,
self-illuminated or flashing at any time
· are located wholly within
a property where construction is being undertaken
· refer only to the
business(es) undertaking the construction and/or the site at which the
construction is being undertaken
· are restricted to one
such sign per property
· do not exceed 2.5m2
· are removed within 14
days of the completion of all construction works
Reason: To ensure compliance with Council's controls
regarding signage.
33. 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.
34. 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.
35. Erosion control
Temporary sediment and erosion
control and measures are to be installed prior to the commencement of any
works on the site. These measures must be maintained in working order during
construction works up to completion. All sediment traps must be cleared on a
regular basis and after each major storm and/or as directed by the Principal
Certifying Authority and Council officers.
Reason: To protect the environment from erosion and
sedimentation.
36. Arborist
report
The
tree/s to be retained shall be inspected and monitored by an AQF Level 5
Arborist in accordance with AS4970-2009 during and after completion of
development works to ensure their long term survival. Regular inspections
and documentation from the project arborist to the Principal Certifying
Authority are required at the following times or phases of work including
date, brief description of the works inspected, and any mitigation works
prescribed.
All
monitoring shall be provided to the Principal Certifying Authority prior to
issue of the Occupation Certificate.
|
Tree/location
|
Time
of inspection
|
|
T2
- Quercus robur (English Oak) / Southern boundary of Lot 51 next to
the tennis court
|
At
the commencement of demolition and stormwater works within Lot 51 followed
by weekly inspections until the completion of all works on site
|
|
T3
to 6 - 4 x Cupressus torulosa (Bhutan Cypress)
T7
- Cupaniopsis anarcardiodies (Tuckeroo)
T8
& 9 - 2 x Melia azedarach 'Australasica' (White Cedar)
T10
- Cupressus glabra (Arizona Cypress)
T11
- Jacaranda mimosifolia (Jacaranda)
T15
- Liquidambar styraciflua (Liquidambar) / Adjoining property
adjacent to eastern side of the existing tennis court
|
At
the commencement of the stormwater works within Lot 51 & 53 followed
by weekly inspections until the completion of the stormwater works on site
|
· All works as recommended by the project arborist are to
be undertaken by an experienced arborist with a minimum AQF Level 3
qualification.
Reason: To ensure protection of existing trees.
37. Approved
tree works
Approval
is given for the following works to be undertaken to trees on the site:
|
Tree/location
|
Approved
tree works
|
|
T12
- Macadamia tetraphylla (Macadamia) / Eastern boundary of Lot 53
|
Removal
|
|
T13
- Macadamia tetraphylla (Macadamia) / Eastern boundary of Lot 53
|
Removal
|
|
T14
- Michelia alba (White Sandalwood) / North-eastern corner of Lot 53
|
Removal
|
|
T18
- Salix babylonica (Weeping Willow) / Eastern boundary of Lot 52
|
Removal
|
|
T19
- Juniperus sp. (Juniper) / Eastern boundary of Lot 52
|
Removal
|
|
T20
- Liquidambar styraciflua (Liquidambar) / Southern boundary of Lot
53
|
Removal
|
Removal
or pruning of any other tree on the site is not approved, excluding species
exempt under Council’s Tree Preservation Order.
Reason: To ensure that the development is in accordance with
the determination.
38. 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.
39. 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.
40. 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:
41. Easement drainage
line construction
Prior to issue of the
Occupation Certificate, the Principal Certifying Authority shall be satisfied
that the required interallotment drainage system has been installed and
surveyed under the supervision of a designing engineer or equivalent
professional.
Note: At the completion of the
interallotment works, the following must be submitted to the Principal
Certifying Authority for approval:
· details from the
supervising engineer that that the as-constructed works comply with the
approved interallotment design documentation
· a full works as executed
drawing of the as built interallotment drainage line (dimensions, grades,
materials, invert levels) prepared by a registered surveyor, and details from
the surveyor that all drainage structures are wholly contained within
existing drainage easement(s)
Reason: To protect the environment.
42. 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:
43. 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.
44. Requirements of
public authorities for connection to services
Prior to the issue of the
Subdivision Certificate, the Principal Certifying Authority shall be
satisfied that the applicant has complied with the requirements of any public
authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL,
etc) in regard to the connection, relocation and/or adjustment of the
services affected by the proposed subdivision. All costs related to the
relocation, adjustment or support of services are the responsibility of the
applicant.
Note: Details of compliance with the
requirements of any relevant public authorities are to be submitted to the
Principal Certifying Authority.
Reason: To ensure that services are available to the
allotments of land.
45. 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.
46. Issue of Subdivision
Certificate
The Subdivision Certificate
must not be issued until all conditions of development consent have been
satisfied and an Occupation Certificate has been issued by the Principal
Certifying Authority.
Reason: To ensure that the development is completed prior to
transfer of responsibility for the site and development to another person.
47. 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. The
easement width shall be in accordance with Appendix 7.2 (c) of Council’s
Water Management DCP No.47.
Reason: To create all required easements,
rights-of-carriageway, positive covenants, restrictions-on-use or other
burdens/benefits as may be required.
48. 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) a copy of the Occupation Certificate issued for DA0202/14
d) all surveyor’s and/or consulting engineers’ certification(s)
required under this subdivision consent
e) The Section 73 (Sydney Water) Compliance Certificate for the
subdivision.
f) 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.
49. 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.
50. Tree
protection - Section 88b instrument
Prior
to the issue of the Subdivision Certificate, the Principal Certifying
Authority shall be provided with evidence of the creation of a restriction on
the use of land under Section 88B of the Conveyancing Act 1919, burdening the
area of land beneath the canopy of the following tree for a specified radius
in metres from the trunk of that tree, the terms of which state that any
excavations, soil level changes or construction works are prohibited with the
exception of any works as approved by Council:
|
Tree/location
|
Radius
in metres
|
|
T2
- Quercus robur (English Oak) / Southern boundary of Lot 51 adjacent
to the tennis court
|
10
metres
|
Reason: To protect the environment.
CARRIED
UNANIMOUSLY
|
|
366
|
10/50 Vegetation
Clearing Code of Practice Review
File: S10321
Vide: GB.10
|
|
|
To seek endorsement of the proposed contents of a Council
submission to the NSW Rural Fire Service (NSW RFS) as part of the planned
review of the 10/50 Vegetation Clearing Code of Practice.
|
|
|
Resolved:
(Moved: Councillors Citer/Malicki)
A. That Council
endorses the inclusion of the contents of the report as Council’s submission
on the 10/50 Code review, including the key points and recommendations in the
summary section of the report.
B. That
Council provides a submission to the NSW RFS by 14 November 2014.
C. That
Council resubmit its previous objections.
CARRIED
UNANIMOUSLY
|
|
367
|
Tender 20/2014 -
Disposal and Processing Green Waste and Dry Recyclables
File: S10273
Vide: GB.11
|
|
|
To consider Tenders submitted for receipt of Council’s domestic
green waste and dry recyclables and appoint the preferred tenderer for each
service.
|
|
|
Resolved:
(Moved: Councillors Citer/McDonald)
A. That
Council accept the tender submission from Tenderer ‘AR’ for the paper and
mixed recyclables for a three (3) year contract with an additional two (2)
year option.
B. That
Council accept the tender submission from Tenderer ‘AG’ for the domestic
green waste material for a three (3) year contract with an additional two (2)
year option.
C. That
the Mayor and General Manager be delegated authority to execute all tender
documents on Council’s behalf in relation to the contract.
E. That all tenderers be advised of Council’s decision in accordance
with Clause 178 of the Local Government Tendering Regulations.
CARRIED
UNANIMOUSLY
|
|
368
|
Tender 21/2014 -
North Turramurra Recreation Area - Stage 3 - Irrigation Works
File: S09254
Vide: GB.12
|
|
|
To consider the tenders received for the North Turramurra
Recreation Area (NTRA) – Stage 3 Irrigation works and appoint the preferred
tenderer.
|
|
|
Resolved:
(Moved: Councillors Citer/McDonald)
A. That Council accepts the tender submission from Tenderer ‘A’ to
carry out the North Turramurra Recreation Area – Stage 3 - Irrigation Works.
B. That the Mayor and General Manager be delegated authority to
execute all tender documents on Council’s behalf in relation to the contract.
C. That the Seal of Council be affixed to all necessary documents.
D. That all tenderers be advised of Council’s decision in accordance
with Clause 178 of the Local Government Tendering Regulations.
CARRIED
UNANIMOUSLY
|
Councillor Citer
declared a significant non-pecuniary Interest
in respect of the
following item -
GB.3 – 2014
Ku-ring-gai Community Grants
and withdrew from
the Chamber taking no part
in discussion and
voting on the item
|
369
|
2014 Ku-ring-gai
Community Grants
File: FY00432/6
Vide: GB.3
|
|
|
To advise Council of applications received from community
groups for the 2014 Ku-ring-gai Community Grants program, and to recommend
subsequent funding allocations.
|
|
|
Resolved:
(Moved: Councillors McDonald/Szatow)
A. That
the community and cultural groups, as listed under each category, receive the
recommended amount of financial assistance from Council in 2014.
1. Category:
Small Equipment
|
|
Name of
Organisation
|
Amount
Recommended
$
|
|
1
|
East
Lindfield Girl Guides
|
1,270
|
|
2
|
Easy
Care Gardening
|
1,000
|
|
3
|
English
At Gordon (Gordon Baptist Church Cross Cultural Friendship Centre) (1)
|
800
|
|
4
|
The
Eryldene Trust
|
1,750
|
|
5
|
Fresh
Tracks Foundation
|
2,000
|
|
6
|
The
Friends of Richard Geeves
|
1,500
|
|
7
|
Killara
Bowling Club Inc.
|
1,000
|
|
8
|
KU
Killara Park Preschool
|
1,250
|
|
9
|
KU
South Turramurra Preschool
|
850
|
|
10
|
Ku-ring-gai
Community Workshop "The Shed" Inc. (1)
|
2,000
|
|
11
|
Ku-ring-gai
Neighbourhood Centre Inc.
|
1,250
|
|
12
|
KYDS
Youth Development Service Inc. (1)
|
675
|
|
13
|
Lady
Game Kindergarten
|
1,250
|
|
14
|
Lifeline
Harbour to Hawkesbury (1)
|
1,863
|
|
15
|
Lindfield
Montessori Preschool
|
940
|
|
16
|
North
St Ives Scout Group: The Scout Association of Australia NSW Branch
|
1,250
|
|
17
|
North
Turramurra Girl Guides - Girl Guides Assoc NSW
|
800
|
|
18
|
1st
Pymble Scout Group - The Scout Assoc of Aust NSW Branch
|
1,250
|
|
19
|
Special
Olympics Sydney Upper North Shore (SOSUNS)
|
1,500
|
|
20
|
St
Ives Netball Club Inc
|
1,250
|
|
21
|
2nd
St Ives Scout Group - The Scout Assoc of Aust NSW
|
1,250
|
|
22
|
StreetWork
Inc.
|
1,250
|
|
23
|
West
Pymble Scouts
|
1,250
|
|
|
Total
|
$29,198
|
2. Category:
Community Development
|
|
Name of
Organisation
|
Amount Recommended
$
|
|
1
|
Autism
Spectrum Australia (Aspect)
|
3,692
|
|
2
|
Adventist
Development and Relief Agency (ADRA) Australia Ltd
|
3,250
|
|
3
|
Chabad
House of the North Shore
|
4,000
|
|
4
|
Constant
Companion Service
|
1,380
|
|
5
|
Hee
Nyeon Church - Uniting Church in Australia
|
750
|
|
6
|
Hornsby
Ku-ring-gai Women's Shelter (2)
|
5,000
|
|
7
|
Ku-ring-gai
Community Workshop "The Shed" Inc. (2)
|
3,000
|
|
8
|
KYDS
Youth Development Service Inc. (2)
|
4,000
|
|
9
|
Rainbow
Club Hornsby
|
1,500
|
|
10
|
Rotary
Club of Turramurra
|
5,000
|
|
11
|
St
Edmund's School for Students with Special Needs
|
2,500
|
|
12
|
St
Philips Anglican Church Turramurra (Combined Churches Australia Day
Community Breakfast)
|
1,000
|
|
|
Total
|
$35,072
|
3. Category:
Arts/Cultural
|
|
Name of
Organisation
|
Amount Recommended
$
|
|
1
|
The
Cathedral Singers
|
1,000
|
|
2
|
Community
Migrant Resource Centre
|
3,500
|
|
3
|
English
At Gordon (Gordon Baptist Church Cross Cultural Friendship Centre) (2)
|
880
|
|
4
|
Jewish
Arts Incorporated
|
4,000
|
|
5
|
Ku-ring-gai
Art Society
|
3,000
|
|
6
|
Ku-ring-gai
Historical Society Inc.
|
5,000
|
|
7
|
Ku-ring-gai
Youth Orchestra
|
4,000
|
|
8
|
Lindfield
Public School P&C Assoc Inc.
|
1,500
|
|
9
|
The
Mirrabooka Singers
|
1,200
|
|
10
|
St
Ives Preschool Kindergarten
|
1,500
|
|
11
|
Sunshine
|
1,800
|
|
12
|
Wahroonga
Hispanitos Playgroup
|
1,500
|
|
13
|
West
Pymble Public School P&C Assoc
|
1,000
|
|
|
Total
|
$29,880
|
CARRIED
UNANIMOUSLY by those present
|
Councillor Citer
returned
Standing Orders
were suspended to deal with
NM.1 – NSROC
Councils and Fit for the Future followed by items
where there are
speakers first after a Motion moved by
Councillors Citer
and Fornari-Orsmond
For the
Motion: The Mayor, Councillor J Anderson, Councillors Citer,
McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Motion: Councillors Berlioz, Pettett, Malicki and Armstrong
MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN
|
370
|
NSROC Councils and
Fit for the Future
File: CY00456/2
Vide: NM.1
|
|
|
Notice
of Rescission from the Mayor, Councillor J Anderson and Councillors
Fornari-Orsmond and Citer dated 3 November 2014
We move rescission of Minute Number 346 -Notice of Motion
- NM.1 “NSROC Councils and Fit for the Future”, of the Ordinary Meeting of
Council held on 28 October 2014, namely:
“A. That
Councillors receive a formal briefing on Fit for the Future as soon as
possible.
B. That
Council pursues a strategy in preparing a Fit for the Future application
based on continuing as an independent, vibrant and viable Council.
C. That
Council continues to discuss all options for reform with surrounding
Councils.
D. That
the Mayor and / or Council’s second elected NSROC representative Councillor
Malicki plus the General Manager attend every meeting called by the NSROC
Councils, including those called by individual members, to discuss a response
to Fit for the Future or to discuss resource and services sharing. This will
include attending the meeting on 30 October called by the Mayor of Ryde City
Council.
E. That
all Mayoral correspondence on Fit for the Future and all correspondence to or
from NSROC or its member Councils be distributed to Councillors within 24
hours of receipt or reply or as soon as reasonably practicable.”
|
|
|
A Motion moved
by Councillors Malicki and Berlioz
that voting of
the Rescission Motion be dealt with in seriatum
For
the Motion: Councillors Berlioz, Pettett, Malicki,
Armstrong and Ossip
Against
the Motion: The Mayor, Councillor J Anderson, Councillors Citer,
McDonald, Szatow and Fornari-Orsmond
The voting being
EQUAL,
the Mayor
exercised her Casting Vote
AGAINST the
Motion
|
|
|
Resolved:
(Moved: Councillor Citer/Mayor, Councillor J Anderson)
That the above Notice of Rescission as printed be adopted.
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
Citer, McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Berlioz, Pettett, Malicki and Armstrong
|
GENERAL BUSINESS (cont)
|
371
|
Lindfield Community
Hub - Probity Matters
File: S10362
Vide: GB.7
|
|
|
The
following members of the public addressed Council:
R
Armitage
|
|
|
The purpose of the report is to address a number of issues
raised by Council’s probity consultant in relation to the Lindfield Community
Hub master plan.
|
|
|
Resolved:
(Moved: Councillors Szatow/McDonald)
A. That Council determines that it is
not in a position to enter into negotiations with a sole proponent for this
site on the basis that:
· there are
likely to be other parties who may be interested in the site;
· there has
been no formal market testing;
· Woolworths
appear to have no unique proposition to be the sole party to negotiate with;
and
· Council has
not undertaken the option assessment process as yet to determine a preferred
option.
B. That Council’s decision not to
negotiate with a sole proponent be communicated to Woolworths/Fabcot formally
in writing prior to any further work commence on the development of the
options.
C. That Council utilise the following
criteria for the assessment of the adopted development options A, B, C and D:
· public response to options as
determined by on-line and face-to-face survey responses, public comments
during workshops and information sessions; and public submissions during
exhibition;
· a cost review of each option by
Council’s quantity surveyor consultant;
· a financial feasibility analysis of the
options by Council’s land economist consultant;
· a review by Council’s traffic
consultant;
· a review by Council’s community
facilities consultant;
· an officer review of each option
against the objectives of the project as set out in the project brief;
· a review by specialist Council staff
including engineers, traffic, landscape, urban design among others;
· project Working Group (PWG) approval of
preferred preliminary option; and
· full Council approval of preferred
illustrative master plan
D. That these criteria are made public
prior to the design process commencing.
CARRIED
UNANIMOUSLY
|
Councillor Ossip
withdrew
|
372
|
Consideration of
Submissions on the Planning Proposal to Heritage List the former 3M Building
at 950 Pacific Highway Pymble
File: S10293
Vide: GB.8
|
|
|
The
following members of the public addressed Council:
P Drew
G
Tabuteau
|
|
|
For Council to consider submissions on the public
exhibition of the Planning Proposal to list the former 3M Building at 950
Pacific Highway, Pymble as a local heritage item under the draft Ku-ring-gai
Local Environmental Plan 2014 (KLEP 2014).
|
|
|
Resolved:
(Moved: Councillors Szatow/Berlioz)
A. That
the Planning Proposal Planning Proposal to list the former 3M Building at 950
Pacific Highway, Pymble as a local heritage item under the draft Ku-ring-gai
Local Environmental Plan 2014 (KLEP 2014) proceed without variation.
B. That
Council proceed to make the Plan under delegated authority under Section
59(2) of the EP&A Act and Regulations.
C. That
those who made a submission be notified of Council’s resolution.
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
Berlioz, McDonald, Szatow, Malicki and Armstrong
Against
the Resolution: Councillors Citer, Pettett and Fornari-Orsmond
|
Councillor Citer
declared a significant non-pecuniary Interest
in respect of the
following item -
GB.9 –
Reclassification of Council Land –
259-271 Pacific
Highway Lindfield
and withdrew from
the Chamber taking no part
in discussion and
voting on the item
|
373
|
Reclassification of
Council Land - 259-271 Pacific Highway Lindfield
File: S09780
Vide: GB.9
|
|
|
The
following members of the public addressed Council:
A
McAnulty
K Cowley
|
|
|
Councillor Ossip
returned during debate of the item
|
|
|
To have Council consider the reclassification of Council
land at 259-271 Pacific Highway, Lindfield, also known as the ‘Lindfield
library precinct’, from Community to Operational land.
|
|
|
A Procedural
Motion moved by Councillors McDonald and Pettett
asking the Mayor
to seek a vote on the matter
as there had
been 2 speakers For and 2 Against,
both for the
Motion and for the Amendment and
requested that
it be put to the vote
For
the Procedural Motion: The Mayor, Councillor Anderson, Councillors
McDonald, Pettett, Szatow, Fornari-Orsmond and Ossip
Against
the Procedural Motion: Councillors Berlioz, Malicki and Armstrong
|
|
|
Resolved:
(Moved: Councillors Szatow/McDonald)
A. That a
Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify lot 8 DP 660564 and lots 1, 2
and 3 DP 212617, known as 259-271 Pacific Highway, Lindfield from Community
land to Operational land; and to increase the maximum FSR from 1.3:1 to 2.0:1
via an amendment to the Ku-ring-gai Local Centres LEP, 2012.
B. That
Council formally seek to discharge all interests for lot 8 DP 660564 and lots
1, 2 and 3 DP 212617, known as 259-271 Pacific Highway, Lindfield.
C. That
the Planning Proposal by submitted to the Department of Planning and
Environment for a Gateway Determination in accordance with Section 56 of the Environmental
Planning and Assessment Act, 1979.
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
Council undertake a public hearing under the provisions of the Local
Government Act, 1993 for the proposed reclassification of lot 8 DP 660564
and lots 1, 2 and 3 DP 212617, known as 259-271 Pacific Highway, Lindfield
from Community land to Operational land.
F. That a
report be brought back to Council at the end of the exhibition and public
hearing processes.
G. That Council relocate the Ku-ring-gai Youth Development
Service (KYDS) service within the proposed Lindfield community hub (upon
completion of the facility) and that the new facility provide purpose-built
rooms to be designed in consultation with representatives of KYDS to meet
their specific requirements.
H. That a
concept design with an FSR of up to 2.0:1 and a building height of 5 storeys
be prepared and reported to Council for their approval prior to placing it on
public exhibition in conjunction with the consultation and public hearing
processes for reclassification.
I. That
a further report to Council is prepared considering the funds required, and
the associated risks and advantages for Council if it was to prepare a
development application for the site. Such further report to Council to
include an investigation of potential for active uses on the Woodford Lane or
Library precinct site.
J. That no
significant development take place on the site nor any removal of existing
tenants, until construction of the Lindfield Community Hub has commenced.
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
McDonald, Pettett, Szatow, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Berlioz, Malicki and Armstrong
The above Resolution was
CARRIED as an Amendment to the Original Motion. The Original Motion was:
(Moved: Councillors
Berlioz/Armstrong)
That reclassification be
deferred until there is an adopted plan as a preferred option for the
Lindfield Community Hub and an alternative location for the existing
community facilities.
PERSONAL
EXPLANATION
A personal explanation was provided by Councillor Ossip as
to why he left the Chamber. He advised that he left the Chamber as he had to
take an urgent call from work relating to a matter that is due to go before
Court tomorrow.
|
Councillor Citer
returned
|
374
|
Fit for the Future
Program
File: S09638
Vide: GB.1
|
|
|
To update Council on the release of the State Government
Fit for the Future program.
|
|
|
A Procedural
Motion moved by Councillors Berlioz and Citer
asking the Mayor
to seek a vote on the matter as there
had been 2
speakers For and 2 Against
For the Procedural
Motion: Councillors Citer, Szatow and Fornari-Orsmond
Against
the Procedural Motion: The Mayor, Councillor J Anderson, Councillors
Berlioz, McDonald, Pettett, Malicki, Armstrong and Ossip
No decision was
taken in respect of the
Procedural Motion
as when put to the vote it was LOST
and debate on
the item continued
|
|
|
A Procedural
Motion moved by Councillors Fornari-Orsmond and Szatow
asking the Mayor
to seek a vote on the matter
as there had
been 2 speakers For and 2 Against
For the
Procedural Motion: The Mayor, Councillor Anderson, Councillors
Citer, McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Procedural Motion: Councillors Berlioz, Pettett, Malicki and
Armstrong
|
|
|
Resolved:
(Moved: Councillors Citer/Ossip)
A. That
Council commence preparation of a “Council Improvement Proposal (Existing
Structure)” for submission to the NSW Government by 30 June 2015.
B. Notwithstanding
A. above, that Council proactively begin discussions with surrounding
Councils about Merger proposals, engaging facilitators and other consultants
as necessary to enable a report to be brought back to Council in February
2015 with possible configuration options before proceeding to the next step
in the Merger proposal process and preparing a detailed business case for
consultation with the community.
C. That
the Mayor and General Manager attend all relevant meetings with surrounding
Councils to discuss potential options under the Fit for the Future program,
including those called by NSROC or the proposed Northern Metropolitan Council
of Mayors.
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
Citer, McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Berlioz, Pettett, Malicki and Armstrong
The above Resolution was
subject to an Amendment which was LOST. The Lost Amendment was:
(Moved: Councillors
Malicki/Berlioz)
A. That
Council, consistent with previous resolutions, commence preparation of a
“Council Improvement Proposal (Existing Structure)” for submission to the NSW
Government by 30 June 2015.
B. Running
in parallel, that Council continue to participate with Northern Sydney
Councils to explore Joint Organisation models as a valid reform alternative.
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Motions
of which due Notice has been given (cont)
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375
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Training for Mayor
and Deputy Mayor
File: S03779/2
Vide: NM.2
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Notice
of Motion from Councillors Malicki, Pettett, Armstrong, Ossip and Szatow
dated 3 November 2014
We all agree that training is most important for elected
representatives, and we note that there is to be Leadership Training for all
Councillors in December, linked strongly to teamwork with our senior staff.
Given that the roles of Mayor and Deputy Mayor require
special skills, we move:
“1. That the Mayor and Deputy Mayor should attend
additional training for their specific roles prior to the beginning of the
Council Meeting Cycle in 2015.
2. That future Mayors and Deputy Mayors also
undertake training for the Mayoral role at the start of their terms.”
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Resolved:
(Moved: Councillors Malicki/Fornari-Orsmond)
That the above Notice of Motion as printed be adopted.
CARRIED
UNANIMOUSLY
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Standing Orders
were suspended to deal with
Questions Without
Notice before the Urgent Business Without Notice – C.1 Avon Road / Beechworth
Road Pymble - Court Proceedings
after a Motion
moved by Councillors Citer and Szatow
was CARRIED
UNANIMOUSLY
QUESTIONS WITHOUT
NOTICE
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376
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Liberal Party Meeting – Ku-ring-gai
Council’s Liberal Councillors
File: S04951
Vide: QN.1
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Question
Without Notice from Councillor Elaine Malicki
The Liberal Councillors met
for 40 minutes during Council’s dinner break prior to the Council Meeting
tonight.
As binding caucus voting is
banned, can I ask the Convenor the purpose of that meeting, especially given
the turnaround on canvassing mergers and its 100% support by Liberal
Councillors?
Answer by the Mayor
I can refer you to the fact
that any Councillor can meet with another Councillor to discuss Council
business. There is no caucusing or binding votes except in terms of
elections of Mayors, Deputy Mayors, Committee positions.
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377
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Liberal Party Meeting held 11
November 2014
File: S04951
Vide: QN.2
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Question
Without Notice from Councillor Elaine Malicki
Was the issue of canvassing
mergers with other Councils a topic of discussion at the meeting held by
Liberal Councillors?
Answer by the Mayor
Councillor Malicki, I do not
think that the meetings of individual Councillors are required to be reported
to the Council. I can assure you that the Act is always complied with and I
think that is all the assurance that you or our community require.
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378
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Culworth Avenue Car Park
File: S09768
Vide: QN.3
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Question
Without Notice from Councillor David Citer
A recent letter was received
from the Minister for Transport, the Hon Gladys Berejiklian MP, in regard to
the Culworth Avenue Car Park. This letter indicated that based on the
information received by Transport for NSW that only a portion of the Culworth
Avenue Car Park site is required, based on the statistical data received on
the parking requirements of the community.
Could you indicate whether the
data which Transport for NSW relied upon was supplied by Ku-ring-gai Council
Staff?
Answer by Director Strategy and Environment
I am not able to advise
Council what information that the Minister relied on in making a decision but
certainly we were not asked to provide any information.
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379
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Culworth Avenue Car Park – Meeting
between the Minister for Transport, Gladys Berejiklian MP and Mr Barry
O’Farrell MP
File: S09768
Vide: QN.4
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Question
Without Notice from Councillor Cheryl Szatow
I
understand that a meeting took place in Mr Barry O’Farrell’s office in
Wahroonga on 1 August 2014 regarding the Culworth Avenue Car Park between
Barry O’Farrell, Gladys Berejiklian and Council.
My
question is: who represented Council on this occasion?
Answer by Director Strategy and
Environment
There was
no such meeting. There was an intention to convene a meeting between Council
Staff, Transport for NSW Staff, not the Transport Minister, and Barry
O’Farrell and those arrangements were incorrectly conveyed between Mr
O’Farrell’s office and the Ministry for Transport, so we had a meeting here
that was supposed to include residents who asked for the meeting but were
never invited by either Transport or Mr O’Farrell so I understand he came
back from holidays early to have a meeting where the people who had convened,
asked for the meeting weren’t in fact invited to attend so there was nothing
discussed and everybody went home and by the time, the intention was for that
meeting to be re-convened but subsequent to that Council made decisions about
the Culworth Avenue Car Park so there was no need for a meeting, I assume.
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BUSINESS WITHOUT
NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
Councillor Malicki moved as a matter
of urgency that the undermentioned matter should be dealt with at the meeting
due to the fact that Council has had to lodge a statement of facts and
contentions which are the matters we are relying on in the Court in an Appeal
on the Avon Road development. Those contentions were presented to the Court a
few days ago. Councillor Malicki also wishes to attempt to convince Council
that we need to add something to those contentions and it has to be done quite
quickly because we have a matter before the Court. Council needs to seek
permission of the Court to amend its contentions and time is of the essence
because the matter will be proceeding to Hearing shortly (Hearing date: 2
December 2014).
A Motion moved by
Councillor Malicki to have the following
Business Without
Notice – C.2 - Avon Road / Beechworth Road Pymble - Court Proceedings dealt
with at the meeting as a matter of urgency
was CARRIED
UNANIMOUSLY
The Mayor ruled
Urgency
Council resolved
itself into Closed Meeting
with the Press and
Public excluded to deal with the following items
moved by
Councillors Ossip and Szatow
and was CARRIED
UNANIMOUSLY
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380
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Avon Road / Beechworth Road Pymble -
Court Proceedings
File: S09998
Vide: C.2
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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)(g) of the Act, and should be dealt with in a
part of the meeting closed to the public.
Section 10A(2)(g) of the Act
permits the meeting to be closed to the public for business relating to
advice concerning litigation, or advice that would otherwise be privileged
from production in legal proceedings on the ground of legal professional
privilege.
This matter is classified
confidential under section 10A(2)(g) because it contains advice concerning a
legal matter that:
(a) is
a substantial issue relating to a matter in which the Council is involved
(b) is
clearly identified in the advice, and
(c) is
fully discussed in that advice.
It is not in the public
interest to release details of the legal advice as.
Confidential Business Without Notice from Councillor
Elaine Malicki
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Resolved:
(Moved: Councillors Malicki/Berlioz)
A. That
Council formally seek leave of the Court to submit amended contentions for
the forthcoming Court hearing.
B. Contentions
to be amended in the terms discussed.
For the
Resolution: Councillors Berlioz, McDonald, Pettett, Szatow,
Malicki, Fornari-Orsmond and Armstrong
Against
the Resolution: The Mayor, Councillor J Anderson, Councillors Citer
and Ossip
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A Motion moved by
Councillors McDonald and Szatow
to extend the
meeting to complete all items within the Business Paper
was put to the
vote
For the
Motion: The Mayor, Councillor J Anderson, Councillors Berlioz,
Citer, McDonald, Pettett, Szatow, Malicki, Fornari-Orsmond and Armstrong
Against
the Motion: Councillor Ossip
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381
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Nominations for
Joint Regional Planning Panel Members
File: S08316
Vide: C.1
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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).
Report by Director Development and Regulation dated 25
September 2014
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A Motion moved
by Councillors Fornari-Orsmond and Citer
that voting be
in seriatum
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
Berlioz, Citer, McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Pettett, Malicki and Armstrong
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Resolved:
(Moved: Councillors Ossip/Citer)
A. That
Council resolves to appoint Councillor Szatow as the second appointee to the
Sydney West Joint Regional Planning Panel for the term of the current
Council.
For
the Resolution: The Mayor, Councillor J Anderson, Councillors
Citer, McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Berlioz, Pettett, Malicki and Armstrong
Councillor Malicki
dissenting
B. That
Council resolves to appoint Councillor Berlioz as the alternate to the Sydney
West Joint Regional Planning Panel for the term of the current Council.
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
Berlioz, Citer, McDonald, Szatow, Malicki, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Pettett and Armstrong
Councillor Malicki
and Councillor Szatow withdrew
C. That
Council reaffirms its decision that Council members of the Joint Regional
Planning Panel (JRPP) receive $500 for attending a formal decision making
meeting.
For the
Resolution: The Mayor, Councillor J Anderson, Councillors
Berlioz, Citer, McDonald, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Pettett and Armstrong
Councillor Szatow
returned
D. That
Council notifies the Minister for Planning and Infrastructure of its
decision.
For the
Resolution: The Mayor, Councillor Anderson, Councillors
Berlioz, Citer, McDonald, Szatow, Fornari-Orsmond and Ossip
Against
the Resolution: Councillors Pettett and Armstrong
The above Resolution was
CARRIED as a Motion to an Amendment. The Amendment was:
(Moved: Councillors
Malicki/Armstrong)
A. That Council resolves to appoint Cr Berlioz as
the second appointee to the Sydney West Joint Regional Planning Panel for the
term of the current Council.
B. That
Council resolves to appoint Andrew Watson as the alternate to the Sydney West
Joint Regional Planning Panel for the term of the current Council.
C. That
Council reaffirms its decision that Council members of the Joint Regional
Planning Panel (JRPP) receive $500 for attending a formal decision making
meeting.
D. That
Council notifies the Minister for Planning and Infrastructure of its
decision.
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Council resolved
to return to Open Council
after a Motion moved
by Councillors Ossip and Fornari-Orsmond
was CARRIED
UNANIMOUSLY
The General Manager adverted to
the consideration of the matters referred to in the Minutes numbered 380 and
381, and to the resolutions contained in such Minute.
The Meeting closed
at 12.25am
The Minutes of the
Ordinary Meeting of Council held on 11 November 2014 (Pages 1 - 40) were
confirmed as a full and accurate record of proceedings on 25 November 2014
__________________________ __________________________
General Manager Mayor
/ Chairperson
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Ordinary
Meeting of Council - 25 November 2014
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GB.1 / 48
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Item
GB.1
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S07446
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15 October 2014
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North Turramurra Recreation Area -
Professional Golf Services
EXECUTIVE
SUMMARY
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purpose of report:
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For Council to approve an extension of term for the
professional services contract to Elite Golf NSW and Tee Top Pty Ltd at North
Turramurra Golf Course, and for Council to consider a reduction in lease fees
for the course professional.
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background:
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Council resolved, on 18 October 2011, for Elite Golf
NSW and Tee Top Pty Ltd (contract manager) to be the provider of Professional
Services at North Turramurra Golf Course. The contract was for 4 years
commencing 1 November 2011, with Council having the right to approve an
extension to 31 October 2016.
During the past 2 years, the North Turramurra Golf
Course has undergone an upgrading process to extend the course from 9 to 18
holes. The major course is expected to be completed by April/May 2015.
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comments:
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The course upgrading has resulted in a reduction in
golfing numbers because of on-going disruptions.
The contract manager has endeavoured to compensate for
lost income due to the reduced numbers, however it has now reached a position
where financial losses are threatening the viability of the business.
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recommendation:
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That Council
approve an extension of term for 1 year until 31 October 2016 for the
professional services contract to Elite Golf NSW and Tee Top Pty Ltd at North
Turramurra Golf Course. It is also recommended that the contract extension
include a rental adjustment in course lease fees to allow the contractor to
remain viable during the upgrading process at North Turramurra Recreation
Area.
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Purpose of Report
For Council to approve an extension of term for the
professional services contract to Elite Golf NSW and Tee Top Pty Ltd at North
Turramurra Golf Course, and for Council to consider a reduction in lease fees
for the course professional.
Background
Council resolved, on 18 October 2011, to appoint Elite Golf
NSW and Tee Top Pty Ltd (contract manager) as the provider of professional
services at the North Turramurra Golf Course. The contract was for 4 years
commencing 1 November 2011, with Council having the option to approve an
additional extension to 31 October 2016.
During the past 2 years, the North Turramurra Golf Course
has undergone an upgrading process to extend the course from 9 to 18 holes. The
major course upgrade works are expected to be completed by April/May 2015.
The North Turramurra sewer mining project commenced in 2011.
Whilst the golf course was disrupted with different hole configurations during
the project works, the 18 holes remained. In May 2013 the golf course was
reduced from 18 to 9 holes as a result of the course upgrading program works.
This smaller 9 hole course has remained to date.
Comments
The North Turramurra Golf Course and
surrounding areas are undergoing an upgrade to create a large regional
recreation area. The upgrade is comprised of a staged construction of 10 new
golf holes for the North Turramurra Golf Course and proposed refurbishment of
the remaining holes.
The golfing enthusiast will benefit from the
improvements in playing conditions, the lengthening of the course by
approximately 1,000 meters, and subsequent addition to the length of the course
and increased par rating.
The remaining impacts on the golf course are as follows:
1. Finishing
works construction Stage 2, 2c & 3c – December 2014
2. Irrigation
works Stage 3a – January to March 2015
3. Bulk
earth works Stage 4 – October 2014 to April 2015
During this time a lesson area has been maintained however
there are limitations on the number of lessons that can be conducted.
The course upgrading process has caused a short term decline
in golfing rounds due to the on-going disruptions. The contract manager has
tried to compensate for the decrease in income, however it has now reached a
position where the financial losses are threatening the viability of the
business.
The comparison of data on rounds before and after the
upgrade works has shown a trend where there was a steady reduction of rounds of
golf being played up until 2012, and a more dramatic reduction in golf rounds since
the beginning of 2014, when the works were intensified.
In 2012 there were 49,583 rounds played for the last full
year of the old course layout. This number was reduced to 40,369 in 2013, and
current trends for 2014 indicate a further reduction resulting in only 27,613
rounds for the year.
Under the agreement with Council, the contract manager has
relied on a commission of rounds for an income base. However, since the
reduction in golf rounds that are being played, the contract manager has been
forced to rely on golf cart hire, shop sales and golf lessons to stay viable.
These peripheral income items are not sufficient to cover staffing levels and
outgoings.
The contract manager has contacted Council on a number of
occasions over the past 18 months to outline theses financial difficulties,
which are a direct result of the continuous golf course upgrade disruptions
that have occurred over the past 2 years. The contract manager has provided
Council with details of financial hardship (refer Attachment 1), and
the reduced player rounds have been verified by Council’s data records.
Clause S21 in the Golf Professional and Management Services
for North Turramurra Golf Course has a provision that states that:
Council may
but is not obliged to renegotiate the payments to the Council by the Contractor
and performance targets if works are undertaken which temporarily and
unavoidably impact upon the revenue generating activities of the North
Turramurra Golf Course
In light of the provisions of this Clause, it is considered
that a significant impact has occurred on the revenue generating activities of
the contractor and therefore the payments to Council could be renegotiated.
integrated planning and reporting
Community People and Culture
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Community Strategic Plan Long Term Objective
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Delivery Program
Term Achievement
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Operational Plan
Task
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C3.1
A community where opportunities are
provided for all voices to be heard and where
community stewardship, participation and engagement is
supported and promoted.
C4.1
A community that embraces healthier
Lifestyle choices and practices.
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C4.1.1
A range of cultural, recreational
and leisure facilities and activities
are available to encourage social interaction and
stimulate everyday
wellbeing.
C4.1.2
New and enhanced open space
and recreational facilities have
been delivered to increase community use and enjoyment
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Develop and implement sports programs in co-operation with
local sporting clubs and providers.
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Governance Matters
The premises are located in the Wahroonga Ward and is zoned
Part Res.2(g) & Part Recreation Existing 6 (a). The Planning Instrument is
the Draft Ku-ring-gai Planning Scheme Ordinance 2013.
The North Turramurra Golf Course is classified as Community
Land in accordance with the Local Government Act (1993).
The facility is covered under the North Turramurra
Recreational Area Park Plan of Management (adopted February 2009). Under the
plan, Council may, by resolution, enter into contracts and lease/licence agreements
with relevant authorities, organisations, individuals, or companies in relation
to the provision of services or utilities in accordance with the objectives of
this plan and legislative requirements.
The proposed licence complies with the conditions of Section
47 of the Local government Act 1993 and Council’s Policy for Management of
Community and Recreation Land and Facilities (the Policy).
Risk Management
The contract manager will continue to indemnify Council by
undertaking contents insurance as well as $20 million Public Liability
Insurance. Evidence of currency is to be supplied to Council.
Council risks losing the professional golf services at North
Turramurra should the contract manager terminate early due to financial
hardship. Should the contract manager terminate the contract, it is likely the
golf course will be closed for some time until another contract manager can be
found following a lengthy tender process.
Financial Considerations
The contract manager has provided Council with a copy of the
profit and loss statement demonstrating a drop in revenue for the period 2013
to 2014 (refer Attachment 2).
The contract manager currently has an amount of $23,322.10
(incl GST) outstanding in unpaid contract fees for the period 1 November 2013
to 31 October 2014. In addition, a further amount of $32,651.85 (incl GST) was
due on 1 November 2014 for the period 1 November 2014 to 31 October 2015.
It is recommended that Council waive the outstanding fees
owing for the period 1 November 2013 to 31 October 2014, ($23,322.10), and that
the current annual fees due on 1 November 2014 be reduced by 50% for the period
1 November 2014 to 30 June 2015 ($10,883.95)
This equates to a total fee rebate of $34,206.05 (incl GST).
The proposed fee rebate will be addressed in the second quarterly review for
the NTRA project in 2015.
Social Considerations
The golf course at North Turramurra provides an affordable
and enjoyable golfing experience for golfers in the Ku-ring-gai LGA.
Environmental Considerations
There are no environmental considerations associated with
this report.
Community Consultation
No consultation is required in the writing of this report.
If Council resolves to grant the proposed licence, 28 days public notification
of Council’s intention to grant the lease the premises will occur in accordance
with s 47 (1) a of the Local Government Act 1993.
Internal Consultation
Council’s Community, Operations and Corporate departments
have been consulted in the writing of this report.
Summary
The current contract manager, Elite Golf NSW and Tee Top Pty
Ltd, has been operating professional services at North Turramurra Golf Course
since 2011. The original contract was for 4 years commencing 1 November 2011,
and Council had an option to approve an extension of an additional 12 months,
to 31 October 2016.
During the past 2 years, the North Turramurra Golf Course
has undergone an upgrading process to improve the 18 hole course – it is
expected to be completed by April/May 2015.
The course upgrading process has caused a decline in golfing
rounds due to the on-going disruptions. The contract manager has tried to
compensate for the decrease in income, however it has now reached a position
where the financial losses are threatening the viability of the business.
It is important that golf services remain open at North
Turramurra for the duration of upgrading works. It is therefore recommended
that Council extend the term of agreement with the contract manager and that
Council provide fee relief until June 2015.
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Recommendation:
A. That
Council extend the current term of agreement with Elite Golf NSW and Tee Top
Pty Ltd to 31 October 2016.
B. That
Council waive the contract manager’s outstanding licence fees of $23,322.10,
for the period 1 November 2013 to 31 October 2014.
C. That
Council discount the contract manager’s licence fees from 1 November 2014 to
30 June 2015 by 50% representing a discount in fees of $10,883.95.
D. That
contract payments resume normally as per the existing contract as from 1 July
2015.
E. That
the Mayor and General Manager or their delegate be authorised to execute the
necessary documentation.
F. That
Council authorise the affixing of the Common Seal of Council to the Lease
Agreement.
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Michael New
Property Officer Recreational Facilties
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Mark Taylor
Manager Community & Recreation Services
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Janice Bevan
Director Community
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Greg Piconi
Director Operations
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Attachments:
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A1View
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Council
letter - Sales Position
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2014/275063
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A2View
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Contract
Manager - Profit and Loss Statement
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2014/275064
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APPENDIX
No: 1 - Council
letter - Sales Position
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Item No: GB.1
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A.B.N. 23 432
616 095
361a Bobbin Head
Rd North Turramurra
30th
July 2014
The
General Manager
Kuringai
Council
Pacific
Highway
Gordon
(2074)
Re : North Turramurra Golf Links and Elite Golf NSW
Dear
Sir
As
you are aware I took over the running of the Professional shop at North
Turramurra some 4 years ago.
When
I took over, the shop was in a very run down condition, stock levels were
exceedingly low and frankly, the quality of the service provided to golfers was
sub standard.
I
spent a lot of money on some refurbishments that make the shop environment more
appealing and enjoyable to walk into.
These include:
New
carpet
Fresh
display walls
New
shop counter
New
lights
6
new golf carts
New
Coffee machine
T.V
with Fox Sports
With
these substantial and costly upgrades along with new and current stock it has
made the shop look and feel the way any professional shop should.
In
an effort to engage more golfers the following programs have been
introduced by Elite Golf NSW. These are programs we pride ourselves on and are
testimony to the hard work of everyone involved.
Junior Golf Academy
This
area of the teaching academy is always growing and getting stronger every year.
We have implemented a school term program every Tuesday along with school
holiday clinics that run for 2 weeks each school holidays. The numbers are
steadily rising each term as a result of the popularity of the clinics and the
programs. These areas don't improve without the hard work of ourselves along
with support from Mathew Joyce in terms of the administration. We have been and
remain committed to, expand these programs further for years to come.
Community
Elite
Golf NSW is and will continue to be committed in organizing events for the
community such as Family golf days, golf clinics, day on the green and seniors
days to name a few. All free of charge to gain more exposure not just for us
but for the golf course as well.
These
events are not successful without a strong working relationship between the
golf course and Kuringai Council. Getting the community involved in what we
offer at North Turramurra Golf Course is our main objective.
Ladies Golf Academy
This
area of the Golf Academy has seen a huge growth over the past few years.
Numbers are growing each year mainly based on word of mouth of the professional
services we are offering for ladies in the community to attract them to North
Turramurra Golf Course. We currently have 250 plus ladies that have been
through at least one of the coaching programs that we are running on 4 mornings
every week. Off the back of these clinics 'friendly' 9 hole get togethers are
organized with an average number of 40 ladies attending each time. It is a
great afternoon of friendly golf which is the ethic of what we are trying to
promote at the golf course. I really feel North Turramurra Golf Course is being
talked about in the community in an extremely positive manner as a result of
these social events that are conducted from the Professional staff here at
Elite Golf NSW.
It
is the success of these programs and these programs only, that has enabled us
to survive during the construction period, however, the unfortunate truth of
the matter is that whilst I remain fully committed to the success of the North
Turramurra Golf Course, unless there is some short term financial relief, these
substantial losses will continue.
I
have attached a detailed Profit and Loss Statement and Cash Flow to show the
comparison before construction commenced and after. In summary the year ending
June 2013 showed an operating profit of $71,395 before tax and the 2014
financial year a loss of $31,471. A difference of over $102,000 in just 12
months.
These
loses are unsustainable and clearly the business has suffered more than
predicted throughout this major construction period.
Sales
will not improve until the golf course is completed with no more construction disruptions.
Due
to the construction of the golf course, I have had to let valuable staff go.
The golf course requires the same amount of hours every week to operate. I’ve
had to pick up these hours myself (60 + hours per week) as paying of additional
staff is clearly not an option.
To
ensure that the business not only survives but will grow and be the quality
business that Council will want running the refurbished course, we propose the
following options
Short Term Option
The
only option I can accept for some short term relief is a substantial rental
reduction. I rely on player numbers to pay for this and with the numbers
dramatically down (approximately 52.5% lower) it makes it extremely difficult
if not nearly impossible to pay. A 50% reduction will allow me to catch up on
overdue shop costs and be able to keep the doors open for business into the
near future.
My
current contract is due to expire towards the end of 2015 (with a year
extension option by Ku-ring-gai council).
As
you can see the current losses are quite substantial and until all the
construction is completed on the golf course the business will continue to
operate at a loss.
I
fully understand that the work being carried out on the golf course was
inevitably going to affect the profits of the business, however the extent was
not envisaged.
Long Term
Whilst
I appreciate any short term relief the Council can offer, to continue to grow
the business I need the future guaranteed to continue operating at North
Turramurra Golf Course.
I
propose that Elite Golf NSW receives a 5 year extension (from 2016). This will
see me able to continue build on the great foundation that has been created
during Elite Golf NSW tenure and see the rewards for that hard work once the
golf course is completed. This will allow me the opportunity to turn this
deficit into a profit. This option was talked about in the meeting held on
Thursday the 26th of June with Mark Taylor, Greg Piconi and Janice Bevan. In
which was stated that council are in a position to help.
An
immediate effect is that the golf carts are due for a new lease as of February
2015 with a minimum lease term of 4 years. With the golf course becoming much
longer in the future we will require at least 15 - 20 carts to cater for the
new course. If Elite Golf NSW does not receive the 5 year contract extension,
we can not possibly sign a new lease of golf carts which will leave the course
with zero carts in operation.
I
don't think this is an unreasonable request for reasons more than just the decline
in the business turnover.
1
- We have put up with construction on the golf course for years.
2
- We have proven to the community and Kuringai Council that we do an
outstanding job.
3
- The amount of support we have from the players up here is so strong.
4
- The programs we have introduced to the course. None of these programs were in
place before we took over.
5
- Our positive attitudes throughout the tough times has been professional and
positive.
6
- We provide a young and enthusiastic approach in which the golf course has
needed.
7
- We do the best job with proven results.
8.
We have no doubt that Elite Golf NSW is the team to carry the course into the
future
Summary
I
simply cant and will not carry on running the business at current levels of
loss without the security of knowing I will have some short term relief as far
as a rent reduction and an extension on my contract (5 years) to try and make a
profit once the golf course is fully completed.
Without
both these options being considered I will have to seriously re-think my
position
I
don't believe it would be a fair outcome for these options not to be considered
favourably as I have had to deal with a golf course that has been under
construction since the first year I took over and it would be a gross
injustice, to see the hard work, effort and professional dedication taken in
building the business, vanish as someone else reaps the rewards and walks in to
a new golf course. We have all worked so hard during this period and feel this
needs to be recognized. Each and every player that is involved up here fully
supports that Elite Golf NSW continues to have the management rights to North
Turramurra Golf Course for many years to come.
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APPENDIX No: 2 - Contract
Manager - Profit and Loss Statement
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Item No: GB.1
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Ordinary
Meeting of Council - 25 November 2014
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GB.2 / 60
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Item
GB.2
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S03779/2
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13 October 2014
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Policy for the Payment of Expenses and
Provision of Facilities to Councillors
EXECUTIVE
SUMMARY
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purpose of report:
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To recommend the adoption of the revised Policy for
the Payment of Expenses and Provision of Facilities to Councillors.
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background:
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On 7 October 2014 Council resolved that the revised
Policy for the Payment of Expenses and Provision of Facilities to Councillors
be endorsed for placing on public exhibition.
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comments:
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Section 252 of the Local Government Act 1993
requires Council to have such as Policy and to re-adopt the Policy within 5
months of 30 June each year. The revised Policy was exhibited for 28 days in
the periods between Friday, 10 October to Monday, 10 November 2014.
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recommendation:
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That the revised Policy for the Payment of Expenses
and Provision of Facilities to Councillors be adopted.
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Purpose of Report
To recommend the adoption of the revised Policy for the
Payment of Expenses and Provision of Facilities to Councillors.
Background
On 7 October 2014 Council resolved that the revised Policy
for the Payment of Expenses and Provision of Facilities to Councillors be
endorsed for placing on public exhibition.
Section 252 of the Local Government Act 1993 requires
Council to have such a Policy and to readopt the Policy within five months
after the end of each year
Comments
An advertisement was placed in the North Shore Times on
Friday, 10 October 2014 to advise the community of the public exhibition of the
policy.
The revised Policy was exhibited for 28 days in the period
between Friday, 10 October to Monday, 10 November 2014. The draft Policy is
attached to this report (see Attachment A1).
Prior to adopting or amending the Policy, Council must
consider any submissions made within the time allowed for submissions and make
any appropriate changes to the draft policy in accordance with section 253(2)
of the Local Government Act 1993.
No submissions were received by Council during the
exhibition period
integrated planning and reporting
Leadership and Governance
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Community Strategic Plan Long Term Objective
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Delivery Program
Term Achievement
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Operational Plan
Task
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The organisation is recognised and distinguished by its
ethical decision-making, efficient management, innovation and quality
customer service.
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Council's Governance framework is developed to ensure
probity, transparency and the principles of sustainability are integrated and
applied into our policies, plans, guidelines and decision-making processes.
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Comply with the requirements of the Local Government Act
and Regulations
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Governance Matters
The purpose of this revised Policy is to ensure that
Councillors receive adequate and reasonable expenses and facilities in relation
to discharging the functions of civic office, and that these expenses and
facilities are provided in an accountable and transparent manner.
Risk Management
There are no significant risks associated with the adoption
of this revised Policy. However, there is a moderate risk that Councillors will
not be able to fulfil their duties and responsibilities as elected officials
without the support of a current policy for the payment of expenses and
provision of facilities.
Financial Considerations
There are no major financial considerations associated with
the recommendation in this report beyond the slight increase in the policy’s
monetary limits.
Social Considerations
It is considered that Council’s revised Policy adequately
reflects the needs of Councillors in carrying out their civic role.
Environmental Considerations
There are no environmental considerations associated with
the recommendation in this report.
Community Consultation
Section 253 of the Local Government Act 1993 requires
that the Policy be placed on public exhibition inviting submissions for at
least 28 days.
An advertisement was placed in the North Shore times on
Friday, 10 October 2014 and the Policy was available on Council’s website, and
in hard copy at Council’s public libraries and customer service counter, during
the exhibition period of Friday, 10 October 2014 to Monday, 10 November 2014.
Internal Consultation
None undertaken or required.
Summary
On 7 October 2014 Council resolved that the revised Policy
for the Payment of Expenses and Provision of Facilities to Councillors be
endorsed for placing on public exhibition.
Section 252 of the Local Government Act 1993 requires
Council to have such a Policy and to re-adopt the Policy within five months after
the end of each year.
The revised Policy was exhibited for 28 days in the period
between Friday, 10 October to Monday, 10 November 2014. The revised Policy is
attached to this report (see Attachment A1).
Prior to adopting or amending the Policy, Council must
consider any submissions made within the time allowed for submissions and make
any appropriate changes to the draft policy in accordance with section 253(2)
of the Local Government Act 1993.
No submissions were received by Council during the exhibition
period.
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Recommendation:
That the revised Policy for the Payment of Expenses and
Provision of Facilities to Councillors be adopted.
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Matt Ryan
Manager Records & Governance
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David Marshall
Director Corporate
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Attachments:
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A1View
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Draft
Policy for the Payment of Expenses and Provision of Facilities to Councillors
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2014/239429
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APPENDIX
No: 1 - Draft
Policy for the Payment of Expenses and Provision of Facilities to Councillors
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Item No: GB.2
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APPENDIX
No: 1 - Draft
Policy for the Payment of Expenses and Provision of Facilities to Councillors
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Item No: GB.2
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Policy for the
Payment of Expenses and Provision of Facilities to Councillors
Table of Contents
Controlled Document Information....................................................................................................... 4
Authorisation
Details.................................................................................................................................... 4
Related
Document Information, Standards & References............................................................................... 4
Version
History............................................................................................................................................ 9
Policy......................................................................................................................................................... 10
Purpose
and Objectives............................................................................................................................. 10
Scope....................................................................................................................................................... 10
Responsibilities......................................................................................................................................... 10
Reporting
Requirements............................................................................................................................. 11
Payment of Expenses........................................................................................................................... 12
General
Provisions..................................................................................................................................... 12
Payment
of Allowances
and Expenses Generally......................................................................................... 12
Establishment
of Monetary Limits and Standards........................................................................................ 13
Spouse
and Partner Expenses.................................................................................................................... 13
Expenses for Councillors.................................................................................................................... 15
Local
Travel Arrangements, Attendance at Dinners and Other Non-Council Functions..................................... 17
Travel
Outside the Sydney Metropolitan Area including Interstate and Overseas Travel................................... 17
Telecommunications
Costs and Expenses................................................................................................... 17
Internet
Expenses...................................................................................................................................... 18
Care
and Other Related Expenses............................................................................................................... 18
Care
of relatives......................................................................................................................................... 18
Insurance
Expenses and Obligations........................................................................................................... 18
Legal
Expenses and Obligations................................................................................................................. 19
Additional Expenses for the Mayor................................................................................................... 21
Allowances
and expenses.......................................................................................................................... 21
Provision of Facilities............................................................................................................................ 22
General
Provisions..................................................................................................................................... 22
Provision
of Facilities Generally.................................................................................................................. 22
Private
Use of Equipment and Facilities...................................................................................................... 22
Equipment and Facilities for the Councillors.................................................................................. 23
Equipment
and Facilities for Councillors at home......................................................................................... 23
Equipment
and Facilities at the Council Administration Building.................................................................... 24
Equipment
and Other Items Required to be Returned................................................................................... 25
Other
Items Not Required to be Returned.................................................................................................... 25
Additional Equipment and Facilities for the
Mayor........................................................................ 26
Equipment
and Facilities at the Council Administration Building.................................................................... 26
Equipment
and Other Items Required to be Returned................................................................................... 26
Other
Items Not Required to be Returned.................................................................................................... 27
Other Matters........................................................................................................................................... 28
Acquisition
and Returning of Facilities and Equipment by Councillors........................................................... 28
Definitions................................................................................................................................................. 29
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APPENDIX
No: 1 - Draft
Policy for the Payment of Expenses and Provision of Facilities to Councillors
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Item No: GB.2
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Controlled
Document Information
Authorisation Details
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This is a Controlled Document. Before
using this document check it is the latest version by referring to Council’s
Controlled Document Register. Unless otherwise indicated, printed or
downloaded versions of this document are uncontrolled.
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Controlled
Document Number:
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(enter
unique Controlled Document Number)
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TRIM
Record No:
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2014/239429
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Controlled
Document Type:
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Policy
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Controlled
Document Name:
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Policy
for the Payment of Expenses and Provision of Facilities to Councillors
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Version
Number:
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10
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Department:
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Corporate
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Distribution:
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Internal
and External
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Review
Period:
Max
< 4 years
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1
year
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Next
Review Date:
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October
2015
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Document
Status:
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Draft
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Approval
Type:
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Adopted
by Council
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Version
Start Date:
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(enter
the date that this version was approved and the policy takes effect)
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Version
End Date:
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(if
applicable enter the date that this version was superceded or cancelled)
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Related Document Information, Standards &
References
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Related
Legislation:
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Local
Government Act 1993 Sections 252, 253, 254, 428
Local
Government (General) Regulation 2005
217,
403
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252 Payment of expenses and provision
of facilities
(1) Within 5 months after the
end of each year, a council must adopt a policy concerning the payment of
expenses incurred or to be incurred by, and the provision of facilities to,
the mayor, the deputy mayor (if there is one) and the other councillors in
relation to discharging the functions of civic office.
(2) The policy may provide for fees
payable under this Division to be reduced by an amount representing the
private benefit to the mayor or a councillor of a facility provided by the
council to the mayor or councillor.
(3) A council must not pay any
expenses incurred or to be incurred by, or provide any facilities to, the
mayor, the deputy mayor (if there is one) or a councillor otherwise than in
accordance with a policy under this section.
(4) A council may from time to time
amend a policy under this section.
(5) A policy under this section must
comply with the provisions of this Act, the regulations and any
relevant guidelines issued under section 23A.
253 Requirements before policy
concerning expenses and facilities can be adopted or amended
(1) A council must give public
notice of its intention to adopt or amend a policy for the payment of
expenses or provision of facilities allowing at least 28 days for the making
of public submissions.
(2) Before adopting or amending the
policy, the council must consider any submissions made within the time allowed
for submissions and make any appropriate changes to the draft policy or
amendment.
(3) Despite subsections (1) and (2),
a council need not give public notice of a proposed amendment to its policy
for the payment of expenses or provision of facilities if the council is of
the opinion that the proposed amendment is not substantial.
(4) Within 28 days after adopting a
policy or making an amendment to a policy for which public notice is required
to be given under this section, a council is to forward to the
Director-General:
(a) a copy of the policy or
amendment together with details of all submissions received in accordance
with subsection (1), and
(b) a statement setting out, for
each submission, the council’s response to the submission and the reasons for
the council’s response, and
(c) a copy of the notice given under
subsection (1).
(5) A council must comply with this
section when proposing to adopt a policy each year in accordance with section
252 (1) even if the council proposes to adopt a policy that is the same as
its existing policy.
254 Decision to be made in open
meeting
The council or a council committee all the
members of which are councillors must not close to the public that part of
its meeting at which a policy for the payment of expenses or provision of
facilities is adopted or amended, or at which any proposal concerning those
matters is discussed or considered.
428(pt) Annual reports
(1) Within 5 months after the end of
each year, a council must prepare a report (its "annual report") for
that year reporting as to its achievements in implementing its delivery
program and the effectiveness of the principal activities undertaken in
achieving the objectives at which those principal activities are directed.
(2) The annual report in the year in
which an ordinary election of councillors is to be held must also report as
to the council’s achievements in implementing the community strategic plan
over the previous 4 years.
(3) An annual report must be
prepared in accordance with the guidelines under section 406.
(4) An annual report must contain
the following:
(a) a copy of the council’s audited
financial reports prepared in accordance with the Local Government Code of
Accounting Practice and Financial Reporting published by the Department, as
in force from time to time,
(b) such other information as the
regulations or the guidelines under section 406 may require.
Local
Government (General) Regulation 2005
217(pt) Additional
information for inclusion in annual reports
1) For the
purposes of section 428
(4) (b) of the Act,
an annual report of a council is to include the following information:
(a) details (including the purpose)
of overseas visits undertaken during the year by councillors, council staff
or other persons while representing the council (including visits sponsored
by other organisations),
(a1) details of the total cost during
the year of the payment of the expenses of, and the provision of facilities
to, councillors in relation to their civic functions (as paid by the council,
reimbursed to the councillor or reconciled with the councillor), including
separate details on the total cost of each of the following:
(i) the provision during the year
of dedicated office equipment allocated to councillors on a personal basis,
such as laptop computers, mobile telephones and landline telephones and
facsimile machines installed in councillors’ homes (including equipment and
line rental costs and internet access costs but not including call costs),
(ii) telephone calls made by
councillors, including calls made from mobile telephones provided by the
council and from landline telephones and facsimile services installed in
councillors’ homes,
(iii) the attendance of councillors
at conferences and seminars,
(iv) the training of councillors and
the provision of skill development for councillors,
(v) interstate visits undertaken
during the year by councillors while representing the council, including the
cost of transport, the cost of accommodation and other out-of-pocket
travelling expenses,
(vi) overseas visits undertaken
during the year by councillors while representing the council, including the
cost of transport, the cost of accommodation and other out-of-pocket
travelling expenses,
(vii) the expenses of any spouse,
partner (whether of the same or the opposite sex) or other person who
accompanied a councillor in the performance of his or her civic functions,
being expenses payable in accordance with the Guidelines for the payment of
expenses and the provision of facilities for Mayors and Councillors for Local
Councils in NSW prepared by the Director-General from time to time,
(viii) expenses involved in the
provision of care for a child of, or an immediate family member of, a
councillor, to allow the councillor to undertake his or her civic functions,
403 Payment of expenses and provision
of facilities
A policy under section 252 of the Act must
not include any provision enabling a council:
to pay any councillor an allowance in the
nature of a general expense allowance, or
to make a motor vehicle owned or leased by
the council available for the exclusive or primary use or disposition of a
particular councillor other than a mayor.
Also, under Section
248A of the Act Council must not, unless otherwise permitted, pay an annual
fee to a Councillor for any period during which the Councillor is suspended
from civic office or the right to be paid any fee is suspended.
Under Section 254A of
the Act Council may resolve that an annual fee not be paid to a Councillor or
the amount reduced if the Councillor is absent, with or without leave, from
meetings of the Council for a period not more than 3 months or in any
circumstances prescribed by regulation. A fee must not be paid if the period
of absence exceeds 3 months.
Under clause 404 of
the Regulation a prescribed circumstance for non-payment or reduction of a
Councillor’s annual fee is where payment would adversely affect the
Councillor’s entitlement to a pension, benefit or allowance and the
Councillor is agreeable to the non-payment or reduction.
A Councillor may elect not to accept any
entitlement under this Policy, except that the Mayor and every Councillor
must be paid the appropriate minimum fees determined by the Local Government
Remuneration Tribunal (unless the provisions of Section 254A of the Act
apply). Payment of the appropriate
minimum fees determined by the Remuneration Tribunal is a requirement of
Sections 248 (4) and 249 (4) of the Act.
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Related
Policies (Council & Internal)
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N/A
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N/A
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Related
Documents - Procedures, Guidelines, Forms, WHS Modules/PCD’s, Risk
Assessments, Work Method Statements, etc
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N/A
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N/A
|
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Other
References
|
Department
of Local Government Circular No. 11-27, 21 September 2011, Findings from
review of Councillor Expenses and Facilities Policies
Department
of Premier and Cabinet, Division of Local Government Circular No. 09-36, 7
October 2009, Release of Revised Councillor Expenses and Facilities
Guidelines
Department
of Local Government Circular No. 07-22, 28 May 2007 Updated Guidelines for
the Payment of Expenses and Provision of Facilities to Mayors and
Councillors
Department
of Local Government Circular No. 05/08, 9 March 2005 Legal Assistance for
Councillors and Council Employees
ICAC
Publication No Excuse for Misuse, November 2002
Ku-ring-gai
Council Code of Conduct.
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Version History
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Version
Number
|
Version
Start Date
|
Version
End Date
|
Author
|
Details
and Comments
|
|
1
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08/03/2005
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27/02/2007
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Director
Corporate
|
Original
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2
|
27/02/2007
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30/07/2008
|
Director
Corporate
|
Major
revision following DLG Circular 06-57
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|
3
|
30/07/2008
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13/10/2009
|
Director
Corporate
|
Annual
revision following DLG Circulars 07-22 and 08-03
|
|
4
|
13/10/2009
|
13/02/2010
|
Director
Corporate
|
Annual
Revision
|
|
5
|
13/02/2010
|
12/10/2010
|
Director
Corporate
|
Revision
following DLG Circular 09-36
|
|
6
|
12/10/2010
|
19/10/2011
|
Director
Corporate
|
Annual
review (CPI only)
|
|
7
|
19/10/2011
|
20/11/2012
|
Director
Corporate
|
Annual
review (CPI only)
|
|
8
|
20/11/2012
|
26/11/2013
|
Director
Corporate
|
Annual
review and minor revisions
|
|
9
|
27/11/2013
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Current
|
Director
Corporate
|
Annual
review and minor revisions
|
Policy
Purpose and Objectives
This is the
Policy for the Payment of Expenses and Provision of Facilities to Councillors
of Ku-ring-gai Council.
The purpose
of this Policy is to ensure that Councillors receive adequate and reasonable
expenses and facilities to enable them to carry out their civic duties, and
that these expenses and facilities are provided in an accountable and
transparent manner.
Scope
The
objective of this Policy is to;
· describe those expenses incurred, or
to be incurred, by Council on behalf of Councillors, and
· describe the facilities provided to
Councillors by Council as part of their civic duties.
This
Policy also aims to uphold and demonstrate the following key principles:
Conduct
Councillors
must act lawfully, honestly and exercise a reasonable degree of care and
diligence in carrying out their functions under the Local Government Act
1993 ("the Act") or any other Act. This is re-inforced in
Council’s Code of Conduct.
Participation, equity and access
The
provisions of the Policy are to be non-discriminatory and used in an equitable
manner to enable the full participation by Councillors from different walks of
life. The provisions of the Policy shall also be at an appropriate level to
encourage members of the community, particularly under-represented groups such
as those in primary caregiver roles, to seek election to Council by ensuring
that they would not be financially or otherwise disadvantaged in undertaking
the civic functions of a Councillor.
The
Policy shall also take into account and make reasonable provision for the
special needs of Councillors to allow access to the appropriate parts of
Council premises, and facilities, and maximise participation in the civic
functions and business of Council.
Accountability and transparency
The
details and range of benefits provided to the Councillors are to be clearly
stated and be fully transparent and acceptable to the local community.
Reasonable expenses
Councillors
shall only be reimbursed for expenses reasonably incurred in the performance of
their role as a Councillor.
Only
those entitlements specifically described in this Policy shall be provided by
Council.
Responsibilities
This Policy
is made pursuant to Sections 252-254 of the Local Government Act 1993. These
sections are set out in in the related document information and standards and
references section of this document.
The Policy is
to be adopted by Council annually, within 5 months after the end of each
financial year.
Prior to
adoption, public notice must be given and public submissions invited for 28
days. Council must then consider all submissions received and make any
appropriate changes to the Policy.
Reporting Requirements
Section
428 of the Act and clause 217 of the Local Government (General) Regulation
2005 ("the Regulation") require
Council to include in each Annual Report details of the cost of implementing
the Policy. Copies of this legislation are set out in the related document
information and standards and references section of this document.
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APPENDIX
No: 1 - Draft
Policy for the Payment of Expenses and Provision of Facilities to Councillors
|
|
Item No: GB.2
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Payment of Expenses
General Provisions
Payment of Allowances and
Expenses Generally
An
annual fee is paid to each Councillor by Council. The fee is the amount fixed
by Council under Division 5 of Part 2 of Chapter 9 of the Act in accordance
with the appropriate determination of the Local Government Remuneration
Tribunal.
This
Policy is intended to cover most situations where a Councillor reasonably
incurs expenses in discharging the functions of civic office. The annual fee
paid to each Councillor is generally not intended to offset those costs.
The
payment of allowances and reimbursement of expenses under this Policy shall
only be in respect of costs directly associated with discharging the functions
of civic office, for example, civic functions that Councillors are required to
undertake to fulfil their legislated role and responsibilities for the Council
that should result in a direct benefit for the Council and/or the Ku-ring-gai local
government area.
No
allowance shall be paid to a Councillor in the form of a general expense
allowance, for example, a sum of money to expend on an item or service that is
not required to be receipted and/or otherwise reconciled.
All
travel by Councillors shall be by the most direct route and the most practical
and economical mode of transport, subject to any personal medical
considerations.
Reimbursement and reconciliation of expenses
Claims
for reimbursement of expenses shall be submitted no later than 12 months after
the expenses were incurred. Claims shall be submitted to the General Manager
or delegate in a form and manner acceptable to the General Manager in the
circumstances
to enable full assessment
of the claim. Tax invoices and receipts are to be supplied when available to
support claims. The level of the supporting documentation is to be
commensurate with the nature of the expenditure.
Claims
for travelling expenses under this Policy shall include details of:
· Date and place of departure
· Date and place of arrival
· Distance travelled
· Fares and parking fees paid
· Amount claimed as travelling
allowances
· Total amount of claim
The
rate of calculation of the amount payable for travel in a Councillor's own car
shall be the rate payable for claims by staff in the Local Government (State)
Award.
Where
travel out of the Sydney metropolitan area can be undertaken by air, the amount
payable for travel in a Councillor’s own car shall be no more than the
corresponding air fare and taxi fares to
and from the airport.
Council
shall, where possible pay expenses directly by account or through the corporate
credit card. However it shall be necessary for Councillors to pay unexpected
expenses and then seek reimbursement.
Once
expenses of attending a conference, seminar or training course have been
finalised, accounts shall be forwarded to Councillors for any expenses payable
by them. Such accounts are to be repaid in full within Council's normal terms,
usually 30 days. Any arrangements to finalise an account by periodic payment
may only be approved by Council.
An
employee delegated by the General Manager shall assess all claims made under
this Policy. The employee shall review a claim against the provisions of this
Policy and make a recommendation to the General Manager. The General Manager
shall then determine the claim. Approved claims, in part or in whole, shall be
paid within seven (7) days.
Should
a determination be made that a claim should not be paid, the General Manager
shall explain such decision to the Councillor and should the Councillor still
believe that the claim should be paid, in part or in full, it shall be
considered that a dispute exists.
In
the event of a dispute at any time regarding this Policy, the parties to the
dispute shall provide a written report on the nature of the dispute. The
General Manager shall submit such reports to the next meeting of Council to
have the dispute determined by a resolution of Council having regard to this
Policy, the Act and any other relevant law. The decision of Council shall be
binding on all of the parties.
Payment in advance
Councillors
may request payment in advance in anticipation of expenses to be incurred in
attending conferences, seminars and training courses. Councillors may also
request an advance payment for the cost of any other service or facility
covered by the policy, where the service or facility is not ordinarily acquired
by Council. However, Councillors must fully reconcile all expenses against the
cost of the advance. Within one (1) week of incurring the cost and/or
returning home the Councillor shall submit the details to the General Manager
for verification and pay back to Council any unspent money. The level of the
supporting documentation is to be commensurate with the nature of the
expenditure. The maximum value of a cash advance is $602.
Establishment of Monetary Limits and
Standards
Monetary
limits prescribed in this Policy set out the maximum amount payable in respect
of any facility or expense. Any additional cost incurred by a Councillor in
excess of any limit set shall be considered a personal expense that is the
responsibility of the Councillor. All
monetary amounts stated are exclusive of GST.
Unless otherwise stated, any annual limits will be
adjusted on a pro-rata basis where only part of a year of term applies.
Where applicable the standard of any equipment, facility
or service to be provided shall be to the maximum standard prescribed in this
Policy.
Spouse and Partner Expenses
In
this clause accompanying person means a person who has a close personal
relationship with a Councillor and/or provides carer support to the Councillor.
In
limited circumstances Council shall meet certain costs incurred by a Councillor
on behalf of their spouse, partner or accompanying person that are properly and
directly related to the role of the Councillor, such as costs associated with
attendance at functions that are of a formal or ceremonial nature when
accompanying Councillors within metropolitan Sydney. Examples include, but are
not limited to, Australia Day award ceremonies, citizenship ceremonies, civic receptions
and functions for charities, community service and sporting groups supported by
Council.
Council
shall also meet limited expenses of spouses, partners or accompanying persons
associated with attendance at conferences. These expenses are limited to the
cost of registration and official conference dinners. Expenses such as travel
expenses, any additional accommodation expenses shall not be met by Council.
Costs
and expenses incurred by the Councillor on behalf of their spouse, partner or
accompanying person shall be reimbursed if the cost or expense relates
specifically to the ticket, meal and/or direct cost of attending the
function/conference. Each Councillor is entitled to a maximum of $463 per year
of term for external payments in respect of these types of expenses.
In
addition Council shall meet limited expenses of spouses, partners or
accompanying persons associated with attendance at the Local Government and
Shires Associations’ annual conferences. These expenses are limited to the
cost of registration and the official conference dinner. Expenses such as
travel expenses, any additional accommodation expenses and the cost of any
accompanying persons program shall not be met by Council.
Also,
Council shall meet limited expenses of spouses, partners or accompanying
persons of the Mayor, or a Councillor representing the Mayor, when attending an
official function of Council or carrying out an official ceremonial duty while
accompanying the Mayor or the Mayor’s representative outside Council’s area, but
within New South Wales. Such circumstances could include charitable functions
or award ceremonies to which the Mayor has been invited to attend. These
expenses are limited to the ticket, meal and/or direct cost of attending the
function.
In
all cases under this clause peripheral expenses of spouses, partners or
accompanying persons such as grooming, special clothing and transport are not
considered reimbursable expenses.
Expenses for
Councillors
Attendance
at Conferences, Seminars and other Training Expenses
Council
shall provide an annual budget for Councillor training and development based on
a skills analysis and assessment of professional development needs of
Councillors.
Council
shall meet expenses incurred by Councillors attending conferences, seminars and
training courses in any of the following circumstances:
· Attendance authorised by resolution of
Council
· Attendance at conferences which are
included in Council’s Annual Program of Conferences and funds are provided in
the adopted Delivery Program and Operational Plan and where the prior authority
of the Mayor and General Manager has been obtained
· Attendance on a study tour involving
domestic travel where the study forms part of a Task Force project plan and
funds are available in the Task Force budget to be established and where the
prior authority of the Mayor and General Manager has been obtained
· Attendance at day long industry
seminars or workshops as the need arises subject to the availability of funds
and only where local or domestic travel is involved and where the prior
authority of the Mayor and General Manager has been obtained.
Where
the Mayor is seeking approval to attend a conference, seminar or training
course the authority of the Deputy Mayor and the General Manager is required
where applicable.
Requests
from individual Councillors for attendance at conferences, seminars and
training courses shall be in writing outlining the benefits for Council and the
community.
After
return from a conference, the Councillor/s or an accompanying staff member
shall provide a written report to Council on the aspects of the conference
relevant to Council business and/or the community. Such a report is not
required for the annual conference of Local Government NSW.
If
requested Council shall make all necessary arrangements for the attendance of
Councillors at the conference, seminar or training course. Where the
Councillor is being accompanied by another person, Council shall also make all
of the necessary arrangements for that person. Council shall meet only those
costs relating to the attendance of that person as set out under the ‘Spouse
and Partners Expenses’ section.
Council
shall meet the following costs for attendance at approved conferences, seminars
and training courses:
Registration fees
Council shall meet the cost of the registration fee set by the
organiser, including costs of related official lunches and dinners, and
associated tours where they are relevant to the business and interests of
Council.
Accommodation
Councillors
shall be accommodated in the hotel where the conference, seminar, or training
course is being held or the nearest hotel to it that is of a similar standard,
or as authorised by the host organiser where the conference is not located
within the Sydney metropolitan area. Accommodation shall be provided at the
rate of a double room.
Transportation
Councillors
attending a conference, seminar or training course shall travel by the most
direct route and the most practical and economical mode of transport, subject
to any personal medical considerations. Any time and costs incurred in
undertaking activities not related to attendance at the conference, seminar or
training course shall not be included in any expenses paid by Council.
For
conferences, seminars and training courses out of the Sydney metropolitan area
Council shall meet the cost of an economy class air ticket or Council shall
reimburse transportation expenses as detailed below whichever is the lesser
amount.
Council
shall reimburse transportation expenses by a Councillor with the Councillor’s
own vehicle. For travel within a Council-owned vehicle, actual costs incurred
shall be reimbursed.
Council
shall meet the cost of transferring Councillors from their place of residence
to the airport and return or meet the cost of taxi fares, whichever is the
lesser amount.
Council
shall meet the cost of transferring Councillors from the airport to the hotel
and return at the conclusion of the conference, seminar or training course,
such costs not to exceed the cost of taxi fares.
Should
a Councillor be accommodated in a hotel not being the site of the conference,
seminar or training course, and the Councillor is travelling in a non
Council-owned vehicle, Council shall meet the cost of the Councillor travelling
from the hotel to the site of the conference, seminar or training course and
return each day, such costs not to exceed the cost of taxi fares.
Where
in conjunction with attendance at a conference, seminar or training course a
Councillor visits another Council in the course of discharging the functions of
civic office or to further knowledge of local government, and the Councillor is
travelling in a non Council-owned vehicle, Council shall meet the cost of
transfer of the Councillor from the hotel to the Council premises visited and
return, such costs not to exceed the cost of taxi fares.
Meals
Council
shall meet the cost of breakfast, lunch and dinner for Councillors where any of
the meals are not provided as part of the conference, seminar or training
course. Council shall also meet the reasonable cost of drinks accompanying the
meals.
Bar Service
Council
shall meet the cost of any expenses incurred at a bar located within the
conference hotel or the accommodation hotel only when special guests have been
invited for drinks at the request of the Mayor or the leader of Council's
delegation.
Other costs
Council
shall meet other reasonable out of pocket or incidental expenses associated
with attending conferences, seminars or training courses, such as telephone or
facsimile calls, refreshments, other meals, internet charges, laundry and dry
cleaning, newspapers, taxi fares and parking fees up to a maximum amount of $62
per day.
Local Travel Arrangements, Attendance at
Dinners and Other Non-Council Functions
Travelling
expenses shall be paid for
travel on official business of Council in the Sydney metropolitan area.
Transport to and from the Council administration building or other sites for
meetings when the Councillor's own mode of transport is not available may be
provided. Councillors may, where necessary, be provided with a taxi voucher
for transportation purposes on Council business.
Council shall
meet the cost of parking fees and road tolls but not the cost of traffic or
parking fines. Claims for reimbursement under this provision shall be
supported with an explanation of the need for the travel in relation to
official Council business.
Council shall meet the cost of Councillors’ attendance at functions
that are of a formal or ceremonial nature within the Sydney metropolitan area,
including functions for charities, community service and sporting groups
supported by Council or of which Council is a financial member. Council shall
also meet the cost of Councillors’ attendance at dinners and other non-council
functions which provide briefings to Councillors from key members of the
community, politicians and business where the function is relevant to Council’s
interest. Council shall meet the cost of any component of the ticket to the
function that is a donation to a registered charity but shall not meet the cost
of any component of the ticket that is a donation to a political party,
candidate’s electoral fund or other private benefit. Each Councillor is
entitled to a maximum of $1,029 per year of term for external payments in
respect of the types of expenses described in this paragraph.
Council will also meet the cost of the Mayor or a Councillor
representing the Mayor attending a function or carrying out a ceremonial duty
when undertaking the role of the Mayor within New South Wales. This includes
functions or award ceremonies for charities, community service and sporting
groups to which the Mayor has been invited to attend. These expenses are
limited to the ticket, meal and/or direct cost of attending the function.
Travel Outside the Sydney Metropolitan Area
including Interstate and Overseas Travel
For
any proposed travel by a Councillor on Council related business not otherwise
addressed above, the approval of Council in non-confidential session of a
Council meeting is required. Approval shall be granted subject to any
conditions Council so determines. Council shall meet only those expenses that
Council so determines.
Telecommunications Costs and Expenses
Council shall
meet the cost of providing a telephone landline for any telephone/facsimile
machine provided under this Policy. Council shall meet the cost of landline
rental and all Council business outgoing calls, to a maximum cost of $120 per
month;
Council shall meet the cost of a mobile telephone either:
· a
Council provided mobile telephone (including vehicle kit) and mobile telephone
service to the value of $1,203, for which Council shall pay rental and calls
charged against that service, to a limit of $241 per month for Council business
calls and $25 per month for incidental personal calls, provided that the number
is available to be given out for general public information; or
· if
the Councillor provides their own mobile telephone and mobile telephone
service, Council shall reimburse the cost of rental plus the cost of those
calls certified by the Councillor as being Council business calls charged
against that service, to a limit of $241 per month for calls.
In
addition Council shall meet data costs in respect of smart devices (mobile
telephones/iPads) up to a limit of 3GB per month per device. For
Councillor-owned mobile telephones the amount payable by Council under this
provision shall not exceed the amount paid under contracts entered into by
Council for Council-owned mobile telephones.
Internet Expenses
Council
shall meet the cost of providing and maintaining an internet connection at the
residence of the Councillor. Councillors have a choice between an ADSL or Cable
fixed line broadband service (depending on availability) or a wireless
broadband service and a USB modem.
Care and Other Related Expenses
Care of relatives
In this clause,
relative shall have the same meaning as set out in the Dictionary in the
Act;
a. Relative, in relation to a
person, means any of the following:
b. the parent, grandparent,
brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child
of the person or of the person’s spouse;
c. the spouse or de facto partner of
the person or of a person referred to in paragraph (a).
Where a
Councillor has responsibilities for the care and support of any relative,
Council shall reimburse the actual cost incurred by the Councillor to engage
professional care for the relative whenever the Councillor is invited, or
nominated by the General Manager or Mayor, to attend an official Council
meeting or briefing.
Special requirements of Councillors
Council
shall meet reasonable expenses associated with any special requirements of a
Councillor, such as disability and access needs, in order to discharge the
functions of civic office.
Insurance Expenses and Obligations
Council shall
meet the cost of providing the following insurance cover for Councillors on a
24 hour basis while discharging the functions of civic office including
attendance at meetings of external bodies as Council’s representative:
· Public Liability insurance (for matters
arising out of a Councillor’s performance of their civic duties and/or exercise
of their Council functions)
· Professional Indemnity insurance (for matters
arising out of a Councillor’s performance of their civic duties and/or exercise
of their functions)
· Personal Accident insurance (while on Council
business)
· Travel insurance (for approved interstate and
overseas travel on Council business)
· Councillors and Officers Insurance (for matters arising out of a
regulatory authority investigation such as ICAC while fulfilling their duties
in good faith on behalf of Council)
Council shall pay the insurance policy excess in respect of any
claim made against a Councillor arising from Council business where any claim
is accepted by Council’s insurers, whether defended or not.
Legal Expenses and Obligations
Council shall, if requested, indemnify or reimburse the reasonable
legal expenses properly incurred of:
· a
Councillor defending an action arising from the performance in good faith of a
function under the Act, or
· a
Councillor defending an action in defamation provided the statements complained
of were made in good faith in the course of exercising a function under the Act
· and
provided that the outcome of the legal proceedings is favourable to the
Councillor.
Council
shall, if requested, indemnify or reimburse the reasonable legal expenses
properly incurred in respect of any inquiry, investigation of hearing into a
Councillor’s conduct by an appropriate investigative review body including:
1. Local Government Pecuniary
Interest and Disciplinary Tribunal
2. Independent Commission Against
Corruption
3. Office of the Ombudsman
4. Division of Local Government,
Department of Premier and Cabinet
5. NSW Police Force
6. Director of Public Prosecutions
7. Council’s Conduct Review
Committee/Reviewer
provided that
the subject of the inquiry, investigation or hearing arises from the
performance in good faith of a councillor’s functions under the Act and the
matter before the investigative or review body has proceeded past any initial
assessment phase to a formal investigation or review. In the case of a conduct
complaint made against a Councillor, legal costs shall only be made available
where a matter has been referred by the General Manager to a conduct
reviewer/conduct review committee to make formal enquiries into that matter in
accordance with the procedures in the Code of Conduct. In the case of a
pecuniary interest or misbehaviour matter legal costs shall only be made
available where a formal investigation has been commenced by the Division of
Local Government.
In addition,
legal costs shall only be provided where the investigative or review body makes
a finding that is not substantially unfavourable to the Councillor. This may
include circumstances in which a matter does not proceed to a finding. In
relation to a Councillor’s conduct, a finding by an investigative or review
body that an inadvertent minor technical breach had occurred may not
necessarily be considered a substantially unfavourable outcome.
Council shall not meet the legal costs of legal proceedings initiated
by a Councillor in any circumstance.
Council shall
not meet the legal costs of a Councillor seeking advice in respect of possible
defamation, or in seeking a non-litigious remedy for possible defamation.
Council shall not meet any legal costs for legal
proceedings that do not involve a Councillor performing their role as a
Councillor.
The maximum amount payable by Council under this clause
in respect of any one action is $240,496. Council may obtain insurance cover
against the risk of having to meet the reasonable legal costs of a Councillor,
or to reimburse those costs, provided that the costs or reimbursements are ones
that the Council is authorised to meet.
Any Councillor seeking to obtain any entitlement under
this clause shall make written application to the General Manager and make this
application prior to the legal expenses being incurred where possible. The
General Manager shall refer the application to a Council Meeting with any advice
and recommendations for determination by Council.
Additional Expenses
for the Mayor
Allowances and expenses
An additional
annual fee is paid to the Mayor by Council. The fee is the amount fixed by
Council under Division 5 of Part 2 of Chapter 9 of the Act in accordance with
the appropriate determination of the Local Government Remuneration Tribunal.
In accordance
with section 249 of the Act, should Council determine that an annual fee is to
be paid to the Deputy Mayor, the Deputy Mayor’s annual fee shall be deducted
from the Mayor’s annual fee.
This Policy
is intended to cover most situations where the Mayor reasonably incurs
additional expenses in discharging the functions of Mayoral office. The annual
fee paid to the Mayor is generally not intended to offset those costs.
There are no
other Mayoral allowances and expenses.
Provision of
Facilities
General Provisions
Provision of Facilities Generally
Unless
otherwise stated, where a facility may be provided by Council in accordance
with this Policy and a Councillor chooses to accept the facility, it shall be
provided by Council with all establishment, routine maintenance, operating,
training, replacement and insurance costs being met by Council, subject to any
limits specified and adequate funds being allocated and available in Council's
adopted Delivery Program and Operational Plan.
All
facilities provided shall be of adequate capacity and functionality to allow
the role of Councillor to be fully undertaken.
Private Use of Equipment and Facilities
Councillors
shall not generally obtain private benefit from the provision of equipment and
facilities, including intellectual property. This includes receipt of a travel
bonus or other benefit arising from a loyalty scheme. Councillors must avoid
any action or situation that could create the appearance that Council resources
are being used inappropriately.
However,
incidental personal use of Council equipment and facilities may occur from time
to time without requiring reimbursement of the cost by a Councillor. No
entitlement under this Policy shall be treated as being a private benefit that
requires a reduction in the Mayoral fee or the Councillors fee.
Unless
otherwise authorised in this Policy, if a Councillor does obtain a private
benefit for the use of a facility provided by Council the Councillor shall be
invoiced for the amount of the private benefit with repayment to be in
accordance with Council's normal terms. The value of the private benefit shall
be determined by Council in non-confidential session of a Council meeting.
Equipment,
facilities, materials, funds and services provided under this Policy shall not
be used to produce election material or for any other political purposes,
including political fundraising activities and events.
Equipment and
Facilities for the Councillors
Equipment and Facilities for Councillors at
home
Councillors
may request to be provided with the following equipment and facilities for
their use as a Councillor at home in relation to their duties as a Councillor
(Refer to the Councillor Requisition form).
Computers/iPad
· A
Laptop or Ipad including all relevant peripherals; and
· A multi-function device (if applicable)
Home Office Items Allowance
· An allowance to purchase general home
office items (eg filing cabinet, bookshelf, etc) which may be purchased to the
maximum value of $1,162 per council term.
Stationery
· Minor stationery items to a maximum
cost of $116 per council term
· Plain white paper – 5000 sheets each
year of term
· 100 Christmas cards each year of term
· 500 business cards each year of term
Incidentals
· Name badge
· Security card to enable entry to
Council’s Administration Building
· Car parking stickers to enable the
Councillor to park in any Council car park at any time for an unlimited period
when discharging the functions of civic office. A list of Council’s car parks
shall be supplied also. No time restriction shall be imposed on an identified
Councillor’s private vehicle whilst parked in a parking space located at the
Council administration building and the adjacent car parking area.
· Street directory
· A raincoat and one pair of protective
footwear for site inspections during inclement weather
· Replacement consumables, such as
tapes, inks and toner (not including paper) for the continued operation of the
equipment provided to the Councillor
Equipment and Facilities at the Council
Administration Building
Councillors
shall also be provided with equipment and facilities at the Council
administration building. Equipment provided under this clause remains the
property of Council. The following equipment and facilities shall be provided
at the Council administration building:
Councillors’ Room and resources
A room furnished for use by all Councillors shall be provided by
Council. Included in the Councillors’ Room shall be:
· A
computer, printer and peripherals for use by all Councillors
· A
website directory of relevant local government internet sites
· A
technical library
· Councillors’
robes for official, civic and ceremonial use.
Executive Assistant
A
qualified and experienced Executive Assistant shall be provided to support all
Councillors. The Executive Assistant shall be responsible to the General
Manager.
Correspondence Processing
Council shall
post all correspondence for Councillors relative to the discharge of the
functions of civic office. Council shall provide letterhead for use by
Councillors in replying to correspondence.
Council shall
provide follow up procedures for correspondence by Councillors. Such follow-up
for correspondence is to be carried out by the General Manager or delegate.
Correspondence
by Councillors relative to the discharge of the functions of civic office is
considered official correspondence of Council. Correspondence received or
created by Councillors will be dealt with in accordance with the Records
Management Policy for Councillors.
Meals and Refreshments
Prior
to, during or after Council, Forum and Committee meetings the Councillors shall
be provided with a suitable meal including refreshments. The standard of the
meal provided shall be determined by the Mayor in consultation with the General
Manager.
Car Parking
· Three (3) car parking spaces shall be
provided for Councillors in the Council car park at the Council administration
building except on Committee meeting nights, public meetings and Council
meeting nights when a further six (6) car parking spaces shall be allotted in
the same car park.
Equipment and Other Items Required to be
Returned
Upon election to office Councillors shall be
provided with certain equipment and other items
that shall be returned when the Councillor ceases to hold office. The
following equipment and other items shall be provided under this clause:
· Laptop or Ipad including peripherals
and software
· Apple iPhone - mobile telephone - (if
applicable)
· Multifunction device (if applicable).
· Security card to enable entry to
Council's administration building
· Car parking stickers to enable the
Councillor to park in any Council car park at any time for an unlimited period
when discharging the functions of civic office. A list of Council’s car parks
shall be supplied also. No time restriction shall be imposed on an identified
Councillor's private vehicle whilst parked in a parking space located at the
Council administration building and the adjacent car parking area.
Other Items Not Required to be Returned
Upon
election to office and where applicable throughout the term of office
Councillors shall be provided with items of a consumable nature or which
otherwise are not required to be returned when the Councillor ceases to hold
office. The following items shall be provided under this clause:
· Name badge
· Minor items of stationery
· Christmas cards
· Business cards
· Corporate attire and presentation
gifts for use in connection with civic functions, eg tie, scarf, spoon etc.
· Street directory
· Facsimile transmission sheets
· A raincoat and one pair of protective
footwear for site inspections during inclement weather
· Replacement consumables, such as
tapes, inks, and toner (not including paper) for the continued operation of the
equipment provided in the ‘Equipment and Facilities for Councillors’ section of
this policy.
· 5,000 sheets of plain white paper
· General Office Items purchased with
the $1,162 allowance specified in the ‘Equipment and Facilities for
Councillors’ section of this policy.
Additional Equipment
and Facilities for the Mayor
Equipment and Facilities at the Council
Administration Building
The
Mayor shall be provided with additional equipment and facilities at the Council
administration building. Equipment provided under this clause remains the
property of Council. The following equipment and facilities shall be provided
at the Council administration building:
Mayoral
Office and resources
Council shall
provide:
· A
furnished office
· A
computer, printer and peripherals
· Mayoral
letterhead
· Mayoral
robes for official, civic and ceremonial use
· Mayoral
Chain of Office for official, civic and ceremonial use.
Executive
Assistant
A qualified
and experienced Executive Assistant shall be provided with equivalent experience,
responsibilities and skills to that of the General Manager’s Executive
Assistant. The Executive Assistant shall provide support to the Deputy Mayor in
the absence of the Mayor.
Car
parking
An allocated
parking space shall be provided at the Council administration building.
Equipment and Other Items Required to be
Returned
Upon
election to office the Mayor may be provided with certain equipment and other
items that shall be returned when the Mayor ceases to hold office. The
following equipment and facilities shall be provided under this clause:
· Mayoral vehicle up to the standard of
a Holden Statesman Caprice. The Mayoral vehicle shall be fully maintained by
Council for the use by the Mayor for official, civic and ceremonial functions
and appropriate use arising out of or in the course of the Mayor's official,
civic and ceremonial functions. A petrol card shall be supplied to fuel the
Mayoral vehicle at Council’s cost for official use only.
· Mobile telephone costs additional to
that provided under the ‘Telecommunications Costs and Expenses’ section. The
call limits referred to in this section shall be increased by $119 per month,
making a total of $360 per month.
Other Items Not Required to be Returned
Upon election to the office, and where applicable
throughout the term of office, the Mayor shall be provided with items of a
consumable nature or which otherwise are not required to be returned when the
Mayor ceases to hold office. In addition to those items listed for Councillors
under clause 3.6 of this policy the following items are also not required to be
returned:
· An additional 100 Christmas cards each
year of mayoralty, making a total of 200 cards during each year of mayoralty
· An additional 250 Business cards each
year of mayoralty, making a total of 750 cards during each year of mayoralty
· Additional corporate attire and
presentation gifts eg Council ties, scarves, spoons, cuff links, etc for own
use and presentations as appropriate and gifts suitable for younger persons.
Other Matters
Acquisition and Returning of Facilities and
Equipment by Councillors
Upon
ceasing to hold office a Councillor may purchase any Council equipment held by
the Councillor at the depreciated value of the equipment as recorded in the
Council's books of accounts at the time of ceasing to hold office if, in the
opinion of the General Manager, the item is not required for Council purposes.
This clause does not include a motor vehicle or any other item of equipment
that is leased by Council.
Definitions
|
Term
/ Abbreviation
|
Definition
|
|
The
Act
|
Local
Government Act 1993
|
|
Year
|
Refers
to the period from 1 July to the following 30 June.,
|
|
Councillor
|
Refers
to all Councillors of Ku-ring-gai Council including the Mayor and Deputy
Mayor
|
|
Year
of Term
|
Refers
to the twelve (12) month period commencing on the date of election to Council
of a Councillor and every subsequent twelve (12) month period of the term of
office.
|
|
Per
Council Term
|
Refers
to the four (4) year period that the Council was elected for.
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.3 / 89
|
|
|
|
|
Item
GB.3
|
S05273
|
|
|
14 October 2014
|
Analysis of Land and Environment Court
Costs - 1st Quarter 2014 to 2015
EXECUTIVE
SUMMARY
|
purpose of report:
|
To report legal costs in relation to development
control matters in the Land and Environment Court for the three months ended
30 September 2014.
|
|
|
|
|
background:
|
A person may commence proceedings in the Land and
Environment Court in relation to a development application which has either
been refused by Council or is deemed to have been refused. An appeal may
also be commenced in relation to conditions of development consent and the
issue of building certificates and orders
|
|
|
|
|
comments:
|
For the three months ended 30 September 2014,
Council’s legal and associated payments in relation to Land and Environment
Court were $186,803. This compares with the annual budget of $1,103,100.
|
|
|
|
|
recommendation:
|
That the analysis of Land and Environment Court costs
for the three months ended 30 September 2014 be received and noted.
|
Purpose of Report
To report legal costs in relation to development control
matters in the Land and Environment Court for the three months ended 30
September 2014.
Background
A
person may commence proceedings in the Land and Environment Court in relation
to a development application which has either been refused by Council or is
deemed to have been refused (a development application is deemed to have been
refused if it has not been determined within a period of 40 days or such longer
period that may be calculated in accordance with the Act). An appeal may also
be commenced in relation to conditions of development consent and the issue of
building certificates and orders. Council is a respondent to such proceedings.
Comments
Appeals
Lodged
In the three months to 30 September 2014, there were 12 new
appeals lodged with the Land and Environment Court. The number of appeals
received in prior years is as follows:
|
Financial year
|
Number of appeals
received (whole year)
|
|
2010/2011
|
38
|
|
2011/2012
|
33
|
|
2012/2013
|
25
|
|
2013/2014
|
16
|
|
2014/2015 (as at 30
September 2014)
|
12
|
The appeals commenced during the quarter ended 30 September
2014 concerned the following subject matters:
· Five matters concerning the deemed
refusal of demolition of existing dwellings and construction of a residential
apartment building;
· Deemed refusal of subdivision of one lot
into 19 residential lots;
· Deemed refusal of subdivision of two
lots into three and additions and alterations to an existing dwelling in a
heritage conservation area;
· Deemed refusal additions and alterations
to an existing dwelling;
· Deemed refusal of boundary adjustment
and construction of access handle and entry columns and gates in respect of a
State heritage listed property;
· Appeal against an Interim Heritage
Order;
· Deemed refusal of additions and
alterations to an existing dwelling to create a child care centre; and
· Deemed refusal of demolition of an
existing building and structures and trees.
The above matters represent the
largest number of appeals commenced in a single quarter since the second
quarter of 2012/13, and is equivalent to the first three quarters of 2013/14
combined. An increase in appeals of this degree is likely to have a
significant effect on costs to be incurred in future periods.
costs
For the three months end as at 30 September 2014, Council
made payments of $186,803 on appeals and associated expenses in relation to
Land & Environment Court matters. This compares with the annual budget of
$1,103,100.
In addition to expenditure on appeals, a further amount of
$498 was spent in obtaining expert advice regarding development assessment
matters resulting in total expenditure of $187,301.
|
Land & Environment
Court Costs
2011/2012 - 2014/2015
|
|
Financial Year
|
Total
Costs
|
1st
quarter September
|
2nd
quarter December
|
3rd quarter March
|
4th quarter June
|
|
2011/2012*
(33 appeals lodged)
|
$1,396,006
|
$183,714
|
$314,271
|
$333,656
|
$564,365
|
|
2012/2013*
(25 appeals lodged)
|
$827,038
|
$172,245
|
$322,751
|
$180,126
|
$151,916
|
|
2013/2014*
(16 appeals lodged)
|
$481,043
|
$42,412
|
$124,001
|
$104,095
|
$210,535
|
|
2014/2015
(12 appeals lodged)
|
$186,803
|
$186,803
|
|
|
|
* Costs reported
to Council in previous reports
SUMMARY
BY WARD
A summary of the above Land & Environment Court costs by
Ward for quarter end as at 30 September 2014 is shown in the following table:
Outcomes
At an early stage of each appeal,
Council as respondent, is required to file with the Court a Statement of Facts
and Contentions outlining the grounds which Council asserts as warranting refusal
of a development, or alternatively, that may be addressed by way of conditions
of consent.
In cases where issues raised by
Council are capable of resolution by the provision by the applicant of
additional information or amendment of the proposal, it is the Court’s
expectation that this should occur. The Court’s current practice of listing
appeals for a preliminary mediation conference before a Commissioner of the
Court pursuant to section 34 of the Land & Environment Court Act,
strongly encourages this.
In this context, any of three
outcomes can be regarded as favourable, namely:
1. If
the appeal is in relation to a deemed refusal of an application which, upon
assessment, is appropriate for approval: that the development is determined by
Council, allowing the appeal to be discontinued by the applicant and avoiding
as much as is practicable the incurring of unnecessary legal costs;
2. If
the issues raised by Council are capable of resolution by the applicant
providing further information, or amending the proposal: that this occurs, so
that development consent should be granted, either by Council or the Court;
3. If
the issues raised by Council are either not capable of resolution or the
applicant declines to take the steps that are necessary to resolve them: that
the appeal is either discontinued by the applicant, or dismissed (refused) by
the Court.
Five matters were concluded during the quarter. A
favourable outcome was achieved in all matters, four of which were resolved by
agreement reached in relation to an amended proposal.
A notable outcome was obtained in the other matter which was
concluded, which concerned a proposal by Arkibuilt Pty Ltd for mixed use
development at Lindfield. In deciding that matter, the Court was required to consider
ecological issues in the context of the KLEP (Local Centres) 2012, and the
Court’s refusal of the development provides guidance to Council and persons
proposing development on comparable land in Council’s local centres.
integrated planning and reporting
Leadership & Governance
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
L2.1 Council rigorously manages its financial
resources and assets to maximise delivery of
services.
|
Achieve financial sustainability targets
identified in the Long Term Financial
Plan.
|
Undertake quarterly reporting to Council on the financial
performance of the
organisation.
|
Governance Matters
Under Section 428 of the Local
Government Act 1993, Council is required to report legal costs, and the outcome
of each case in its Annual Report.
Risk Management
Quarterly reporting of legal costs to Council together with
information about the number, character and outcomes of proceedings enable
ongoing oversight of this area of Council’s activity.
Financial Considerations
Land & Environment Court legal
costs form part of Council’s recurrent operating budget.
Social Considerations
None undertaken or required.
Environmental Considerations
None undertaken or required.
Community Consultation
None undertaken or required.
Internal Consultation
This report has been developed
with input from Council’s Corporate Lawyer, Director Corporate and Director
Development & Regulation.
Summary
For the three months ended
September 2014, Council made payments of $186,803 on Land & Environment
Court appeals and other development control matters. This compares with the
annual budget of $1,103,100.
|
Recommendation:
That the
analysis of Land and Environment Court costs for the year ended 30 September
2014 be received and noted.
|
|
Tony Ly
Financial Accounting Officer
|
Angela Apostol
Manager Finance
|
|
Jamie Taylor
Corporate Lawyer
|
David Marshall
Director Corporate
|
|
Michael Miocic
Director Development & Regulation
|
|
|
Attachments:
|
A1View
|
Individual
Case Summary September 2014 - Land and Environment Court Costs
|
|
2014/288696
|
|
APPENDIX
No: 1 - Individual
Case Summary September 2014 - Land and Environment Court Costs
|
|
Item No: GB.3
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.4 / 98
|
|
|
|
|
Item
GB.4
|
S05273
|
|
|
24 October 2014
|
Investment Report as at 31 October 2014
EXECUTIVE
SUMMARY
|
purpose of report:
|
To present Council’s investment portfolio performance
for October 2014.
|
|
|
|
|
background:
|
Council’s investments are reported monthly to Council
in accordance with the Local Government Act 1993, the Local Government
(General) Regulation 2005 and Council’s Investment Policy.
|
|
|
|
|
comments:
|
The net return on investments for the financial year
to October 2014 was $1,432,000 against a budget of $1,125,000, giving a YTD
favourable variance of $307,000.
|
|
|
|
|
recommendation:
|
That the summary of investments performance for
October 2014 be received and noted; and that the Certificate of the
Responsible Accounting Officer be noted and report adopted.
|
Purpose of Report
To present Council’s investment portfolio performance for
October 2014.
Background
Council’s investments are reported monthly to Council in
accordance with the Local Government Act 1993, the Local Government (General)
Regulation 2005 and Council’s Investment Policy.
Comments
Investment
Portfolio Performance Snapshot
The table below provides the investments portfolio
performance against targets identified in Council’s Investment Policy as well
as other key performance indicators based on industry benchmarks.
Cumulative Investment
Returns against Budget
The net return on investments for
the financial year to October 2014 was $1,432,000 against a budget of
$1,125,000, giving a YTD favourable variance of $307,000. The total return on
investments (interest and net capital gain) for the month of October is
provided below.
The budget for investments income
has been increased as part of September Quarterly Budget Review to reflect
higher income as a result of higher interest rates than budgeted for.
A comparison of the cumulative investment returns against
year to date original budget is shown in the Chart below.
Cash
Flow and Investment Movements
Council’s total cash and
investment portfolio at the end of October 2014 was $92,643,000.
The net cash outflow for the
month was $6,194,000 mainly due to creditor payments.
One new investment was made
during the month. Table 1 below provides detailed movement of the investment by
institution name, investment rating and interest rate.
Table
1 – Investment Movements – October 2014
Investment
Performance against Industry Benchmarks
Overall during the month of
October the investments performance was well above industry benchmark. The
benchmark is specific to the type of investment and details are provided below.
Ø UBS Bank Bill Index is used for all Council’s
investments
A comparison of the portfolio
returns against investment benchmark is provided in Table 2 below.
Table
2 - Investments Performance against Industry Benchmarks
Table 3 below provides a summary
of all investments by type and performance during the month.
Attachment A1 provides
definitions in relation to different types of investments.
Table
3 - Investments Portfolio Summary during October 2014
Investment
by Credit rating and Maturity Profile
The allocation of Council’s investments by credit rating and
the maturity profile are shown below:
integrated planning and reporting
Leadership & Governance
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
L2.1 Council rigorously manages its financial
resources and assets to maximise delivery of
services
|
Council maintains and improves its long term financial
position and performance.
|
Continue to analyse opportunities to expand the revenue
base of Council
|
Governance Matters
Council’s investments are made in accordance with the Local
Government Act (1993), the Local Government (General) Regulation 2005 and
Council’s Investment Policy.
A revised Investment Policy was adopted by Council on 10
December 2013.
Section 212 of the Local Government (General) Regulation
2005 states:
(1) The
responsible accounting officer of a council:
(a) must
provide the council with a written report (setting out details of all money
that the council has invested under section 625 of the Act) to be presented:
(i) if
only one ordinary meeting of the council is held in a month, at that meeting,
or
(ii) if
more than one such meeting is held in a month, at whichever of those meetings
the council by resolution determines, and
(b) must
include in the report a certificate as to whether or not the investment has
been made in accordance with the Act, the regulations and the council’s
investment policies.
(2) The report must be made up to the last day of the
month immediately preceding the meeting.
Risk Management
Council manages the risk associated with investments by
diversifying the types of investment, credit quality, counterparty exposure and
term to maturity profile.
Council invests its funds in accordance with The Ministerial
Investment Order.
All investments are made with consideration of advice from
Council’s appointed investment advisor, CPG Research & Advisory.
Council has two “Grandfathered” investments in structured
products that were previously entered into in accordance with The Ministerial
Investment Order at the time. The Ministerial Investment Order no longer allows
investment in these products. These investments are:
Maple Hill – HSBC Bank
Maple Hill, with a face value of $3,000,000, is invested by
Council on a “held to maturity” basis being December 2014. This CDO has
incurred six previous credit events by the underlying securities and can
withstand a further five credit events before principal loss is incurred. There
are no distressed securities now and independent advice is that the CDO is at
low risk of not recovering the full principal. The investment has not operated
outside of its terms and conditions, it continues to fully meet interest
payments as and when they fall due and there has not been a reduction in the
coupon rate. While Council intends to hold this investment to maturity, the
market value at 31 October 2014 was quoted by HSBC at $2,931,000.
CPDO PP – Royal Bank of Scotland
This Constant Proportion Debt Obligations Principal
Protected (CPDO PP), with a face value of $6,000,000, is invested by Council on
a “held to maturity” basis being September 2016. This CPDO is capital protected
at maturity date by Royal Bank of Scotland. Since December 2011 it ceased to
pay interest, due to a decrease in the credit indices it was linked to,
creating an unwind event. The investment now takes the form of a zero coupon
senior bank bond with a value of $6M. While Council intends to hold this
investment to maturity, the market value at 31 October 2014 was quoted by RBS
Morgan at $5,623,000.
Financial Considerations
The budget for interest on investments for the financial
year 2014/2015 is $3,338,500. Of this amount approximately $2,293,000 is
restricted for the benefit of future expenditure relating to development
contributions, $627,200 transferred to the internally restricted Infrastructure
& Facility Reserve, and the remainder of $418,300 is available for
operations.
The budget for investments income
has been increased as part of September Quarterly Budget Review to reflect
higher income as a result of higher interest rates than budgeted for.
Social Considerations
Not applicable.
Environmental Considerations
Not applicable.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Certification - Responsible Accounting
Officer
I hereby certify that the investments listed in the attached
report have been made in accordance with Section 625 of the Local Government
Act 1993, clause 212 of the Local Government General Regulation 2005 and
Council’s Investment Policy.
Summary
As at 31 October 2014:
Ø Council’s total cash and investment
portfolio is $92,643,000.
Ø Council’s net return on investments for
the financial year to October 2014 was $1,432,000 against a budget of
$1,125,000, giving a YTD favourable variance of $307,000.
|
Recommendation:
A. That
the summary of investments and performance for October 2014 be received and
noted.
B. That
the Certificate of the Responsible Accounting Officer be noted and the report
adopted.
|
|
Tony Ly
Financial Accounting Officer
|
Angela Apostol
Manager Finance
|
|
David Marshall
Director Corporate
|
|
|
Attachments:
|
A1View
|
Investments
definitions specific to Council’s investment portfolio
|
|
2014/037712
|
|
APPENDIX
No: 1 - Investments
definitions specific to Council’s investment portfolio
|
|
Item No: GB.4
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.5 / 107
|
|
|
|
|
Item
GB.5
|
S08023/6
|
|
|
6 November 2014
|
2014 - 2015 Budget Review -
1st Quarter Ended September 2014
EXECUTIVE
SUMMARY
|
purpose of report:
|
To inform Council of the results of the 1st
quarter budget review of 2014/15 and seek approval to adjust the annual
budget based on the actual financial performance and trend for the period 1
July 2014 to 30 September 2014.
|
|
|
|
|
background:
|
Section 203(1) of the Local Government Regulation 2005
requires that at the end of each quarter, a Budget Review Statement be
prepared and submitted to Council that provides the latest estimate of Income
and Expenditure for the current (2014/15) financial year.
|
|
|
|
|
comments:
|
Council’s operating surplus (including capital income)
has decreased by $1.85m compared to original budget. This is primarily due
to lower than anticipated section 94 contributions. The forecast working
capital balance as at 30 June 2015 will remain at $4.64m, in line with the
long term financial plan target.
|
|
|
|
|
recommendation:
|
That Council receive and note the September 2014
Quarterly Budget Review and that the recommended changes to the 2014/15
Budget be adopted.
|
Purpose of Report
To inform Council of the results of the 1st
quarter budget review of 2014/15 and seek approval to adjust the annual budget
based on the actual financial performance and trend for the period 1 July 2014
to 30 September 2014.
Background
In accordance with Part 9,
Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The
Regulation”):
(1) Not later than 2 months after the end of each
quarter (except the June quarter), the responsible accounting officer of a
council must prepare and submit to the council a budget review statement that
shows, by reference to the estimate of income and expenditure set out in the
statement of the council’s revenue policy included in the operational plan for
the relevant year, a revised estimate of the income and expenditure for that
year.
(2) A budget review statement must include or be
accompanied by:
a) a report as to whether or not the responsible
accounting officer believes that the statement indicates that the financial
position of the council is satisfactory, having regard to the original estimate
of income and expenditure, and
b) if that position is unsatisfactory, recommendations
for remedial action.
(3) A budget review statement must also include any
information required by the Code to be included in such a statement.
The Division of Local Government has developed a set of
minimum requirements that assists councils in meeting their obligations as set
out in legislation.
At the Council meeting held on 24
June 2014, Council adopted the 2013-2017 Delivery Program & Operational
Plan, which incorporated the annual budget for 2014/2015.
Comments
This review analyses Council’s financial performance for the
1st quarter of 2014/15 by comparing actual income and expenditure
against budget, and forecasts an end of financial year position.
Council’s operating surplus (including capital income) has
decreased by $1.85m compared to original budget. This is primarily due to
lower than anticipated section 94 contributions. The forecast working capital
balance as at 30 June 2015 will remain at $4.64m, in line with the long term
financial plan target.
Quarterly
Budget Review Statements (QBRS)
The Quarterly Budget Review
Statements (QBRS) as prescribed by the DLG guidelines are composed of the following budget review reports:
· Income
and Expenses Budget Review Statement (Table 1)
· Capital
Budget (Expenditure and Funding) Budget Review Statement (Table 2)
· Proposed
Operating Budget Adjustments by Resource Group (Table 3)
· Proposed
Capital Budget Adjustments by Resource Group (Table 4)
· Income
and Expenses Statement by Theme (Table 5)
· Cash
and Investments position (Table 6)
· Contracts
and Consultancy Expenses (Table 7)
· Capital
& Operational Projects Summary (Table 8)
· Major
Capital Works Update
· Statement
by the Responsible Accounting Officer
These statements are shown below.
Proposed Budget
Adjustments
The table below lists
the proposed budget adjustments, including comments for the September
Quarterly Budget
Review.
Attachment A2 summarises all
proposed budget adjustments for Projects.
The table below splits the current
budget by six themes identified within Council’s Delivery Program 2013 – 2017.
These themes are used as a platform for planning our activities to address the
community’s stated needs and aspirations.
Cash and Investments
position
Restricted funds are invested in
accordance with Council’s Investment Policy. Total investments portfolio as per
the September Investment Report is $98.84m.
A detailed Restricted Assets Report as at September
2014 (Actual) is shown in Attachment A1
Contracts and Consultancy
Expenses
Capital & Operational
Projects Summary
Actual expenditure for
capital & operational projects for the period ending 30 September 2014 is
$10.93m against the YTD budget of $8.07m, resulting in an unfavourable variance
of $2.86m. This variance is mainly due to timing differences between the actual
expenditure incurred against the budget forecast of projects for the quarter.
The table and chart
below shows the YTD actual projects expenditure against YTD budget for the
quarter ended September 2014.
The proposed budget
changes to projects total $959k. The most significant projects proposed for
adjustment are as follows:
· North Turramurra Recreation Area (NTRA) requires
additional funds of $403k in order to complete finishing works. Additional
cost is funded from New Facilities Reserve.
· Howson Oval project is brought forward from
2015/16 capital works program and requires $116k funding from S94 and $306k
from Infrastructure and Facilities Reserve.
· Cliff Oval No.2 Upgrade project is brought
forward from 2015/16 capital works program and requires funding of $150k from
S94.
· Norman Griffiths Oval project is deferred from
2014/15 capital works program to 2015/16 to match potential grants and
contributions funding. This project is currently funded from S94 ($159k).
· Samuel King Oval upgrade is on hold resulting in
savings of $540k from S94.
· Golden Jubilee Field power upgrade requires
additional funding of $540k from S94.
· Increase in funds received from grants for
“Better Waste & Recycling Program” ($271k).
All Proposed Budget adjustments
for each Project and explanation for the changes is detailed in Attachment
A2 – Summary of Capital and Operational Project Budget Adjustments
Major Capital Works Update
Operations Projects
The status of various projects and
reviews of programs is covered in the commentary below:
§ Buildings
The upgrades to a number of toilets
are progressing well. The new exeloo toilet at Bancroft Park has been
installed.
· Roads
The roads program at the end of the
first quarter is well underway with most of the major road upgrades carried
out. The roads program is likely to be completed by April 2015. Testing for
roads in next year’s budget can commence in the fourth quarter so that works
can start in July 2015.
· Footpaths
New footpaths have been completed at
Auluba Road, Turramurra; Greengate Road, Killara and Warragal Road, Turramurra.
Designs are nearing completion for the other new footpaths and installation
scheduled for early 2015.
· Drainage
Quotes have been called for works at
5 Cassandra Avenue, St Ives and Hesperus Street, Pymble. Other works are
progressing but there have been delays associated with utility relocations at
Oliver Road, Roseville.
· Playgrounds
The playground upgrade at Wahroonga
Park is now complete and well used by the community. Also, the toddler’s
playground at Allan Small Park is now complete.
· Sportsfields
Work is now complete on Allan Small
Oval upgrade with the tennis courts upgrade also complete. Work on the car park
upgrade is to start in November 2014. The upgrading of the electricity supply
for the lighting at Golden Jubilee Oval is underway and expected to be
completed by December 2014..
· Sports Courts
Quotations have been called for the
2014/15 sports court upgrades and work is expected to start in February 2015.
· North Turramurra Recreation
Area
§ The project is on schedule
for completion by the end of 2015.
§ Stage 1 works for the first
of five new golf holes comprising is complete and expected to be in play in
December 2014 subject to suitable grass cover.
§ Stage 2 for the next five
holes is progressing well and expected to be complete by April 2015 and open
for play in May 2015.
§ Stage 2c practice green and
bunker area is under construction and scheduled for completion in April 2015.
§ Work has started on the
earthworks for the new playing fields.
Strategy Projects
Updates of significant projects are provided below:
· St Ives Girl Guides and Scouts
Relocations and St Ives Village Green Master Plan
During the first quarter of 2014/15
the accessible shower and toilet extension to the existing club house at
Warrimoo Oval for the use of St Ives Girl Guides was completed. The Girl
Guides also completed their relocation from St Ives Village Green to the renovated
facility.
St Ives North Scouts also continued
their alterations and additions to the Warrimoo Oval Scout Hall. Upon
completion of the scout hall works in the second quarter, the St Ives North
Scout Group will move out of St Ives Village Green and consolidate all of their
activities at the Warrimoo Oval hall.
A development application demolition
of the Scouts and Guides halls at the Village Green has been approved. After
the two groups have relocated to Warrimoo Oval the Village Green halls will be
demolished and implementation of the St Ives Village Green Masterplan will get
underway, commencing with the expanded children’s playground and new youth precinct, including the new Skate & Bike Park,
basketball court and performance space, picnic and BBQ facilities. The
following years will see other parts of the master plan being implemented,
including a perimeter exercise path, terraced seating around William Cowan
Oval, relocation of the tennis courts to be adjacent to the bowling club,
additional car parking in Cowan Road and Memorial Avenue, and an additional
footpath on the park side of the Village Green. This path will provide much
improved safety and access to and around the park.
· Koola Park Redevelopment, East
Killara
The first two stages of the
redevelopment of this significant recreation area have been completed over the
last 2 years. These include the stormwater harvesting system from Rocky Creek,
a 600,000 litre underground storage tank, the relocation and expansion of
cricket practice nets, and a sewer connection to replace the old septic system.
The first quarter of 2014/15 saw the completion of designs for stage 3 which
will go to tender in the second quarter of this year. This includes the
additional full size oval, levelling works, irrigation, drainage, floodlights
and outdoor exercise equipment.
Stage 4 detailed design, which
includes an exercise path, playground and car parks, will commence when stage 3
construction gets underway.
· Golden Jubilee Field Power
Supply Upgrade, East Wahroonga
Following Council acceptance of a
tender for the upgrading of the power supply to Golden Jubilee Field, a
contractor commenced works early in the first quarter of 2014/15. The project
is due for completion late in the second quarter. As flagged in the tender
report, additional funding has been allocated to this project through the
reallocation of the funding ($536K) from Samuel King Oval in the first quarter
budget review.
· Wahroonga Park Toilet Block
Design is progressing well with our
Consultant Architect. A tender for construction is expected to be advertised
early in the third quarter of this year.
· Rotary of Roseville Chase
Playground – Malga Avenue and Babbage Road
Designs for this new playground in
Roseville Chase were completed in the first quarter of 2014/15. The project is
jointly funded by Rotary ($50K), Council ($50K) and NSW Community Building
Partnership ($25K). Construction should commence early in the third quarter.
· B2 Land Subdivision
The B2 Subdivision is a joint project
with the NSW Department of Planning and is one of the major funding sources for
the West Pymble Pool. Council resolved to appoint a contractor for the
construction of the subdivision in December 2013. As forecasted works commenced
on site early in the third quarter and will be completed in the second quarter
of 2014-15. The individual lots are to be sold by public auction in several
tranches. The first of these tranches is scheduled for late in the second
quarter of 2014-15.
· West Pymble Pool
Construction of the base building
will be finished early in the second quarter 2014-2015 with the centre open to
the public in October. As previously flagged, some potential cost overruns
shall be determined through the dispute resolution process and subsequent legal
actions. Upon the completion of this process, when costs can be fully
quantified a report shall be brought to Council.
Statement
by Responsible Accounting Officer
It is my opinion that the Quarterly Budget Review Statement
for Ku-ring-gai Council for the quarter ended 30 September 2014 indicates that
Council’s projected financial position at 30 June 2015 will be satisfactory,
having regard to the projected estimates of income and expenditure and the
original budgeted income and expenditure.
One of Council’s key performance
indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum
available working capital balance of $4.64m. As a result of the September
Review the forecast of available working capital at 30 June 2015 will be on
target.
integrated planning and reporting
Theme: Leadership and Governance
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
L2.1 Council rigorously manages its financial resources
and assets to maximise delivery of services.
|
L2.1.2 Council’s financial services provide accurate,
timely, open and honest advice to the community.
|
Manages financial performance to achieve targets as
defined in the Long Term Financial Plan.
|
Governance Matters
Not applicable.
Risk Management
Income and expenditure is managed through the quarterly
budget review process. Although some income and expenditure cannot be directly
controlled, it can be monitored and action taken to mitigate potential financial
or budgetary risk. Further, Council staff utilise monthly management reporting
for managing operational and project income and expenditure, and any budget
variations are reported to the Director. The executive team are also provided
with monthly financial reports that allow Directors to make informed decisions
and plan ahead to ensure budget targets are met.
Financial Considerations
Should Council adopt the recommendations of this report,
Council’s working capital forecast for the September Review will remain
unchanged and in line with the original budget.
Council’s total working capital as at 1 July 2014 was $4.64m
and is forecast to remain unchanged at 30 June 2015 in line with the LTFP
target. This movement is shown in the table below.
Social Considerations
Not applicable.
Environmental Considerations
Not applicable.
Community Consultation
Not applicable.
Internal Consultation
Finance met with each Director as part of the Quarterly
Business Review to ensure departmental budget target reflects current
forecasts. Comments from Directors have also been included as part of this
report.
Summary
Council’s operating surplus (including capital income) has
decreased by $1.85m compared to original budget. This is primarily due to
lower than anticipated section 94 contributions. The forecast working capital
balance as at 30 June 2015 will remain at $4.64m, in line with the long term
financial plan target.
|
Recommendation:
That Council receive and note the September 2014 Quarterly
Budget Review and adopt the recommended changes to the 2014/15 budget.
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Angela Apostol
Manager Finance
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David Marshall
Director Corporate
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Attachments:
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A1View
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Restricted
Assets Report - September 2014
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2014/281512
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A2View
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Summary
of Capital and Operational Project Budget Adjustments - September 2014
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2014/281626
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APPENDIX
No: 1 - Restricted
Assets Report - September 2014
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Item No: GB.5
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APPENDIX No: 2 - Summary
of Capital and Operational Project Budget Adjustments - September 2014
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Item No: GB.5
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Ordinary
Meeting of Council - 25 November 2014
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GB.6 / 149
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Item
GB.6
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DA0238/14
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17 October 2014
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Summary
Sheet
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Report title:
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23 Chisholm
Street South Turramurra - Demolition of Existing Dwelling and Structures and
Torrens Title Subdivision into Four Lots
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ITEM/AGENDA
NO:
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GB.6
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Application No:
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DA0238/14
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Property Details:
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23 Chisholm Street, South Turramurra
Lot & DP No: Lot 9 DP 663504
Site area (m2): 3,439m2
Zoning: 2(c)
|
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Ward:
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Comenarra
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Proposal/Purpose:
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Demolition of existing dwelling and structures and
Torrens title subdivision into four lots.
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Type of Consent:
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Integrated – S.100B Rural Fires Act
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Applicant:
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Turnbull Planning International Pty Limited
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Owner:
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Pinnacle Landscape & Concretors Pty Limited
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Date Lodged:
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30 June 2014
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Recommendation:
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Approval.
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Purpose of Report
To determine Development
Application No. DA0238/14 for the demolition of the existing dwelling and
ancillary structures and the Torrens title subdivision of the site into four
residential allotments including tree removal and associated civil works. The
matter is reported to Council as the proposal involves subdivision of more than
2 allotments on bushfire prone land and the subdivision seeks to vary the
minimum allotment size and width standards of Clause 58B(3)(c) of the KPSO by
more than 10%.
integrated planning and reporting
Places, Spaces & Infrastructure
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
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P3.1 The built environment delivers attractive,
interactive and sustainable living and working environments.
|
A high standard of design quality and building
environmental performance is achieved in new development.
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Assessment of applications is consistent with Council’s
adopted LEPs and DCPs.
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Executive Summary
Issues: Size &
width of allotments, stormwater infrastructure
Submissions: 1 objection
Land and Environment Court: N/A
Recommendation: Approval
History
Pre-DA
A pre-DA consultation was held with the applicant on 23
October 2013.
DA History
30 June 2014 application lodged
8 July to 22 July 2014 application notified
12 August 2014 RFS S.100B authority
issued
19 August 2014 Council’s
preliminary assessment letter sent
7 October 2014 amended plans /
documentation provided
The Site
Site description
The site is of rectangular shape with a total area of 3439m2
(approximate dimensions of 40.1m x 85.5m) and is situated on the low,
southern, side of Chishom Street.
The site currently contains a number of canopy trees but is
mainly cleared and partially landscaped with ornamental gardens. A modest
dwelling and detached outbuildings occupy the site as well as an in ground
swimming pool and an extensive driveway. The dwelling and associated built
elements are located towards the rear and obscured by existing vegetation. The
general fall of the land is toward the rear.
Surrounding development
The site is located in a low
density residential area which is predominantly characterised by rectangular
shaped lots ranging between 850m2 and 1150m2. The
surrounding area also contains a number of allotments that are below 850m2.
The site adjoins the former ‘B2
lands’ site, which has the benefit of a consent (DA0321/12), for subdivision of
the site into 27 allotments, the majority (81%) of lots in this subdivision are
less than the minimum allotment size of 930m2 prescribed in the
KPSO and the Draft KLEP 2013.
To the east of the site, behind
properties in Chisholm Street and Paroo Place, is Auluba Reserve and to the
west of the site at the end of Hinkler Avenue, Ulm Avenue, Kingsford Avenue and
Cove Street is the Lane Cove River and National Park.
The Proposal
The application proposes:
- demolition of
all existing structures
- tree removal and
partial site clearing
- subdivision of
the site into 4 Torrens title allotments comprising two front and two rear
allotments as follows:
Lot 1: 761.5m2
Lot 2: 761.5m2
Lot 3: 860m2
Lot 4: 860m2
- construction of
a common driveway to service the rear allotments
- civil works to
service the lots and construction of a stormwater pipe in Chisholm Street.
Consultation
Community
In accordance with Council's
Notification DCP 56, owners of adjoining properties were given notice of the
application. One submission was received in response to the notification, from:
1. Anne Walker – 25
Chisholm Street, South Turramurra
The submission raised the
following issues:
The subdivision of the
property into four smaller blocks could devalue my property
Property values are not relevant
planning considerations in the assessment of development applications.
Lack of parking and the
impact that the demand will have upon the narrow streets
The subdivision itself does not
generate any demand for car parking. Applications for the future construction
of dwellings on the proposed allotments will need to consider and provide for
the required car parking. Nonetheless the size of the proposed allotments
suggests that this can be achieved.
The subdivision will
encourage two storey houses, resulting in a loss of privacy and overshadowing
The impact of privacy and
overshadowing upon adjoining, established properties will be matters to be
considered and addressed as part of any future applications for dwelling
houses, having regard to the controls of DCP 38 – Residential Design Manual.
Notwithstanding this, the indicative building envelopes accompanying the
subdivision suggest that future dwelling designs can be configured to comply with
Council’s controls.
The future dwellings will
create an increase in stormwater run-off
Future applications for dwellings on the allotments will be
required to comply with Council’s Engineering DCP 47 – Water Management, to
esnure that stormwater generated is captured and discharged to the Council
system in a manner that does not affect any adjoining property. It is noted
that as part of the subdivision works trunk drainage infrastructure will be
constructed to ensure that stormwater generated by the intensification is
directed to the Council system.
Within Council
Engineering
An amended Stormwater Plan has been submitted. Each lot will have
gravity drainage to Chisholm Street. This will be achieved by constructing an
extension to Council’s street drainage system in the form of a 375mm diameter
pipe from the existing pit outside 33 Chisholm Street to a new pit in front of
the site. Construction of the proposed pipeline would require Council’s
approval under the Roads Act (Condition 16).
As requested, the engineer proposes a grass swale instead of new kerb
and gutter along the site frontage.
A Construction Certificate will be required for the new drainage
system and driveway which would have to be constructed before the Subdivision
Certificate (linen plan) can be released. (Condition 9).
From an
engineering perspective there are no objections to the proposed subdivision.
Landscaping
Council’s Landscape Assessment Officer commented on the
proposal as follows:
Tree
removal
Nine trees
are proposed to be removed. Five trees are structurally unstable and of poor
health and one tree is dead. Additionally, two of the trees to be removed are
due to the requirements of the bushfire report and the remaining tree is within
the access handle.
The trees
to be removed are as follows:
|
Tree/ location
|
Comments
|
|
T4/ Lot 2
|
Dead
|
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T6 – Callitris rhomboidea
(Port Jackson Pine)
/ Lot 2
|
12 metres high,
structurally unsound, in decline
|
|
T7 – Callitris rhomboidea
(Port Jackson Pine)
/ Lot 2
|
12 metres high in good
health, unstable branching structure
|
|
T8 - Callitris rhomboidea
(Port Jackson Pine)
/ Lot 2
|
10 metres high in fair
condition, unstable branching structure
|
|
T9 – Banksia serrata (Old
Man Banksia)
/ Lot 2
|
6 metres high structurally
unsound, in decline
|
|
T16 – Pittosporum undulatum
(Sweet Pittosporum)
/ Lot 1
|
10 metres high in poor
health
|
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T21 – Magnolia x
soulangiana (Magnolia)
/ Lot 1
|
7 metres in fair condition
|
|
T22 – Magnolia grandiflora
(Bull-bay Magnolia)
/ Within the access handle
|
14 metres high in fair
condition
|
|
T23 – Liquidambar
styraciflua (Liquidambar)
/ Lot 2
|
20 metres high,
structurally unsound
|
Tree
impacts
No
objection is raised with the arborcultural assessment provided in respect of
the stormwater works within Chisholm Street. It has been sufficiently
demonstrated that the works proposed will have an acceptable impact upon the
existing street trees. Condition’s 8, 36 and 37 are recommended to
ensure that the works are undertaken in accordance with the arborist’s
recommendations.
Landscape
plan
The
proposed landscaping works within the access handle are considered acceptable.
Fire
Trees 6, 7,
8, 9 & 16 will require removal in accordance with the fire consultant’s
recommendation. No objection is raised with the proposed tree removal.
Conclusion
The
proposal is acceptable in relation to tree and landscape considerations.
Ecology
Council’s Ecological Assessment Officer commented on the
proposal as follows:
Ecology
comments
Native
vegetation was identified within the frontage of the subject property only. The
native vegetation community within the frontage has not been classified due to
its disturbed nature and the lack of key vegetation components, an intact
canopy, and shrub and ground layers.
Based
upon the remnant trees, limited understorey species, soil profile (Lucas
Heights) and vegetation mapping projects, it is considered that the site would
have once supported Duffys Forest, an endangered ecological community which is
listed under the Threatened Species Conservation Act 1995 (TSC Act).
Section
2 of the scientific determination for Duffys Forest states the following;
“Duffys
Forest Ecological Community is the accepted name for the ecological community
that occurs on the ridgetops, plateaus, upper slopes and occasionally mid
slopes on Hawkesbury sandstone geology, typically in association with laterite
soils and soils derived from shale and laminite lenses. It has the structural
form predominantly of open-forest to woodland. The Duffys Forest Ecological
Community has been reported from the Warringah, Pittwater, Ku-ring-gai, Hornsby
and Manly Local Government Areas, although it may occur elsewhere in the Sydney
Basin Bioregion”.
The
subject property occurs upon a plateau and the soil profile has been identified
as Lucas Heights (Shale) which meets the Duffys Forest definition, however, due
to the lack of a structural form of predominantly open-forest to woodland, the
native vegetation within the frontage is not considered to meet the
determination criteria.
During
site inspection surveys were completed adjacent to the site within Auluba
Reserve located on the northern side of Chisholm Street. The vegetation within
Auluba Reserve is considered to meet the Duffys Forest determination listing
and was noted to be in good condition.
Review
of vegetation mapping
Vegetation mapping by Tozer et al. (2010) maps the native
vegetation within the frontage of the subject property and within Auluba
Reserve opposite the subject property as Sydney Shale Cap Ironstone Forest.
Sydney Shale Cap Ironstone Forest is recognised as being “Duffys Forest”
endangered ecological community.
Council’s vegetation mapping which was completed in 2009
maps the vegetation within the subject property as being Sydney Sandstone
Ridgetop Woodland a non-threatened vegetation type.
More recent mapping by the Office of Environment &
Heritage (OEH) for the Sydney Metropolitan Catchment Management Authority
(SMCMA 2013) has reclassified the vegetation within the subject property and
Auluba Reserve as Northern Hinterland Sclerophyll Forests, and bushland (now
cleared) to the north and north-west as Sydney Coastal Dry Sclerophyll Forests.
None of the plant communities listed above have been declared as ‘endangered’
under the TSC Act.
Flora and fauna report
The flora and fauna assessment has undertaken numerous
flora and fauna surveys across the subject property to aid in the
identification of threatened species, endangered populations and endangered
ecological communities. The level of survey effort to detect threatened flora
and fauna species is accordance with the Introduction and Amphibians by DECCW
(April 2009) and the Biodiversity Survey and Assessment: Guidelines for
Development and Activities - Working Draft by DEC (November 2004).
The report and more specifically the impact assessments
(7-part tests) which have been prepared for the threatened species are
considered to be satisfactory and in accordance with section 5a of the
Environmental Planning & Assessment Act 1979.
The impact assessments have also been completed in
accordance with the Threatened species assessment guidelines “The assessment of
significance” prepared by the Department of Environment and Climate Change NSW
(dated August 2007).
In conclusion, the proposal is not likely to have a
significant effect upon threatened species, endangered populations or
ecological communities known from the locality requiring the preparation of a
species impact statement.
Outside Council
Rural Fire Service
The site subject of the proposed
development is located upon bushfire prone land, being a mix of category 2 and
buffer vegetation. Having regard to Section 91 of the Environmental Planning
and Assessment Act, the development is integrated development requiring a
bushfire safety authority under Section 100B of the Rural Fires Act.
The RFS by way of letter dated 12
August 2014, provided a bushfire safety authority, subject to the terms in Condition
53.
Statutory Provisions
Environmental
Planning and Assessment Act
The provisions of Section 79C(1)
of the Environmental Planning and Assessment Act, 1979 (as amended) determine
the matters for consideration in assessing a development application as stated
below:
(a) The provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has
been the subject of public consultation under this Act and that has been
notified to the consent authority (unless the Director General has notified the
consent authority that the making of the proposed instrument has been deferred
indefinitely or has not been approved), and
(iii) any development control plan; and
(iiia) any planning agreement that has been entered into under
section 93F, or any draft planning agreement that a developer has offered to
enter into under section 93F, and
(iv) the regulations (to the extent that they
prescribe matters for the purposes of this paragraph), and
(v) any coastal zone management plan (within the
meaning of the Coastal Protection Act 1979),
that apply to the land to which the development application relates.
(b) the
likely impacts of that development, including environmental impacts on both the
natural and built environments, and social and economic impacts in the
locality,
(c) the
suitability of the site for the development,
(d) any
submissions made in accordance with this Act or the regulations,
(e) the
public interest.
The relevant provisions of
environmental planning instruments, proposed instruments, DCPs, the regulations
and policies are addressed below. There are no planning agreements (or draft)
for consideration in this assessment. The likely impacts, suitability of the
site and public interest are also addressed below and the submissions received
have previously been addressed.
State Environmental Planning Policies
Sydney Regional Environmental
Planning Policy (Sydney Harbour Catchment) 2005
Matters for consideration under
SREP 2005 include biodiversity, ecology and environmental protection, public
access to and scenic qualities of foreshores and waterways, maintenance of
views, control of boat facilities and maintenance of a working harbour. The
proposal is not in close proximity to, or within view, of a waterway or wetland
and is considered satisfactory. Water re-use measures will minimise the impact
on downstream waterways.
State
Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)
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.
Local content
Ku-ring-gai
Planning Scheme Ordinance (KPSO)
The subject site is zoned 2(c)
under KPSO and the subdivision of land in the zone is permissible with consent
pursuant to clause 58A.
Clause 38B stipulates that
consent may not be granted to development unless the land has a water supply
and a drainage area and facilities for the removal and disposal of sewage or
arrangements satisfactory to Council and the Water Board have been made to make
provision for such supply. The subject site will have appropriate connection to
water, drainage and sewage systems upon completion, satisfying this provision.
Clause 58B(3)(c) sets minimum
allotment sizes and widths for allotments intended to be occupied by a single
dwelling-house. In the 2(c) zone, a minimum allotment size of 929m2
and width of 18m (measured 12.2m from the street alignment) for allotments with
road frontage is set and an area of 1,300m2 as well as a minimum
access handle width of 4.6m for each battleaxe lot. The clause also requires
that a dwelling-house shall not be erected on an allotment not having a common
boundary with a public road.
The following table details each
of the proposed allotments, intended for the erection of a dwelling house and
their areas and dimensions and identifies whether they comply with the above
controls. All proposed residential allotments have a common boundary with a proposed
public road.
|
Development standard
|
Proposed
|
Complies
|
|
Subdivision for dwelling houses
|
|
|
|
Site
area:
929m2
(min) Lots 1 & 2
1300m2
(min) Lots 3 & 4
|
Lot 1:761.5m2
Lot 2: 761.5m2
Lot 3: 860m2
Lot 4: 860 m2
|
NO
NO
NO
NO
|
|
Site width: 18m (min) at a distance of 12.2m from
the street alignment
|
Lot 1:17.815m
Lot 2: 17.815m
|
NO
NO
|
|
Access corridor width: 4.6m
|
Lot 3 & 4 have
an access corridor 4.6m wide, provided under a reciprocal right of
carriageway benefiting and burdening each lot
|
YES
|
|
|
|
|
As evidenced by the above table,
variation to the minimum size and width requirements specified in Clause
58B(3)(c) of the KPSO is sought for all four proposed lots.
The departures have been
supported by objections to the development standards pursuant of SEPP No. 1. In
considering the proposed subdivision and the extent of variation sought, the
proposal must also be viewed in context and density of surrounding development,
particularly the adjoining B2 lands which has the benefit of development
consent for subdivision which in itself contained many lots that departed from
the minimum lot size and width requirements of the KPSO.
The applicant has submitted an
objection pursuant of SEPP No. 1 to Council, arguing why it is unreasonable or
unnecessary to comply with the allotment size and width control, as well as a
variation to the access handle requirements for each of the battle axe
allotments to be created.
SEPP No. 1 establishes a general principle that a
development standard maybe varied where strict compliance can be shown to be
unreasonable or unnecessary or would tend to hinder the attainment of the
objects specified in Section 5(a)(i) and (ii) of the Environmental Planning and
Assessment Act, 1979.
Whether the planning control in question is a development standard
Clause 58(3)(c) of the KPSO contains a series of development
standards relating to the subdivision of land. As the controls do not
‘prohibit’ the development if it were not complied with nor are the controls a
‘pre-condition’ for development to occur, they can be varied via an objection
pursuant to SEPP No. 1.
The underlying object or purpose of the standard
Clause 58 establishes the minimum criteria for the
subdivision of land within the various residential zones listed in the KPSO,
the objective of which is to ensure that land subdivided is consistent with the
character of the localities to which they relate, that sufficient area is
afforded to allow the construction of a dwelling whilst retaining and enhancing
the natural environment and that each lot created has unrestricted or
unencumbered access to a public road.
Whether compliance with the development standard is consistent with the
aims of this policy, and in particular whether compliance with the development
standard would tend to hinder the attainment of the objects specified in
Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979
The
objects of the Act are:
(a)
to encourage:
(i) the proper management,
development and conservation of natural and artificial resources, including
agriculture land, natural areas, forests, minerals, water, cities, town and
villages for the purpose of promoting the social, and economic welfare of the
community and a better environment.
(ii) the promotion and
co-ordination of the orderly and economic use and development of land.
The
applicant submits that the following arguments in this regard:
The application provides for the proper
management of the property and the orderly and economic use of the land in
accordance with the environmental planning control regime. Accordingly, the
objectives of Section 5(a)(i) and (ii) of the EPAA have been met.
In our opinion the variation of the 929 and 1300
square metres minimum allotment and 18 metres minimum allotment width standard
as well as the width of the access handle, prescribed by the KPSO, has been
shown to be consistent with the objectives of the standard. As such, in this
case, strict adherence to the standards is unreasonable and unnecessary in the
circumstances of the case.
Whether compliance with
the development standard is unreasonable or unnecessary in the circumstance of
the case
The
applicant argues that compliance with the minimum lot size and width
requirements are unreasonable or unnecessary in the circumstance of the case
for the following reasons:
“The subdivision will achieve the
objectives of the standard notwithstanding the numerical departure represented
by the allotments in this case.
The subdivision will result in maintenance
of existing amenity for the residential precinct due to the absence of impact
in respect of biodiversity and in respect of landscape significant tree loss
(the existing green leafy character of South Turramurra is something that
should be preserved). In this case also, the allotments proposed will be
consistent in area and compatible with the character of the allotments proposed
in respect of a new subdivision undertaken by the consent authority on land
adjoining (25 Barwon Avenue) and in relation to the wider locality (refer lot
size map in statement of environmental effects accompanying the development
application for further detail).
It is instructive to note that the Draft
Ku-ring-gai Local Environmental Plan 2013 (DLEP) was adopted by Council on 26
November 2013 (the DLEP will replace the outdated KPSO) and that this EPI proposes to change the minimum area
controls for subdivision. Specifically, the minimum allotment size for
battleaxe allotments has been considerably reduced from 1300 square metres to
930 square metres. In this context we observe that if the DLEP were to be made
in its present form, the extent of departure from the minimum areas for the
battleaxe allotments in this subdivision would be considerably reduced. These
altered minimum areas would appear to recognise that it is possible to
subdivide battleaxe blocks down to this reduced land area, but at the same time
preserve residential amenity. Looked at another way it may recognise that there
is nothing intrinsically different in amenity terms, about a battleaxe
allotment as opposed to a 'regular' allotment.
Pursuant to Clause 4.1(3) of the DLEP a maximum
variation of 18% is proposed for Lots 1 and 2. Proposed battleaxe Lots 3 and 4
would create a 7.5% variation of the minimum standard in respect of the 930
square metre minimum allotment area.
In our opinion the proposed Lots are of sufficient
size to provide services and an adequate level of amenity for future
owners/occupiers. The non-compliance will not degrade amenity. The design of
the subdivision also provides for maximal efficiency in terms of hard paving
necessary to support access to building footprints, on a relatively level site
in a green leafy environment.
The proposal is capable of providing development
consistent with the relevant objectives for subdivision in the residential zones
whilst at the same time being compatible with environmental character.
As indicated above, the proposed development would
cause no significant change to the existing appearance and character in the
immediate neighbourhood vicinity. The current location contains allotments with
a variation of lot sizes; specifically there are lots with areas significantly
less than 929 square metres. A demonstrable example is the recently approved
subdivision of the adjoining parcel of land (DA0321/12) involving the subdivision
of 21 lots to create 28 lots, the vast majority of which vary from the minimum
allotment size prescribed by the KPSO.
The objection relates to a non-compliance with the
minimum allotment size and width for development in the Residential 2(c) zone,
however this notwithstanding, the proposal is consistent with the objectives of
the relevant standards contained within the KPSO. As such, in following Wehbe,
this objection establishes that the development achieves the relevant
objectives, notwithstanding numerical non-compliance.”
Whether
the objection is well founded
The SEPP 1 objection is considered to be well founded,
noting that it accurately cites the development standards to be varied, it
clearly establishes the context in which the variations are proposed. It
provides sufficient reasoning and justification for not needing to strictly
comply as the proposal achieves the underlying objectives of the development
standard.
Following on and with regard to the applicant’s objection
pursuant of SEPP No. 1, the immediate context of the proposed subdivision must
be considered with the prevailing subdivision pattern of the local area and
that of the recently approved subdivision of the ‘B2 lands’ which adjoins the
site on its western boundary. The site is the last remaining large parcel of
land that is yet to be subdivided in the residential zone of this section of
South Turramurra.
The subdivision pattern of this section of South Turramurra
area exclusive of the B2 lands subdivision (as detailed in Figure 1) is
relatively uniform rectangular shaped allotments of similar size and dimensions
to that proposed in this application. A number of existing allotments are less
than 929m2 (by approximately 10%). These smaller allotments are not
readily identifiable or distinguishable from the public domain.
Figure 1
The recently approved and nearly completed B2 lands
subdivision recognises the smaller allotment size of the surrounding area, with
the majority of allotments (81%) approved as part of that subdivision being
less than the minimum allotment size (ranging between 851m2 – 900m2)
standards of the KPSO and DLEP.
At the Ordinary Meeting of 28 May 2013 Council considered,
accepted and unanimously supported the independent town planning report for
DA0321/12. That report accepted and supported the SEPP No. 1 objections made to
the development standards of Clause 58(b)(3) of the KPSO.
The configuration of the proposed subdivision includes two
lots at the street frontage and two battleaxe allotments at the rear, serviced
by a common access handle.
The result of this proposed subdivision form is that from
the street, the proposed subdivision does not represent a greater density than
that of a complying scheme and is consistent with the established pattern of
subdivision along the southern side of Chisholm Street. The dimensions of the
proposed lots are also consistent with the dimensions of the lots in the
approved B2 lands subdivision that have a frontage to Chisholm Street.
At the rear (or where the additional density may have an
impact on adjoining established properties), the bulk of the site adjoins the
B2 land’ subdivision. The majority of allotments in that scheme are themselves
below the minimum lot size of 929m2 and, as a result, the proposed
lots are not dissimilar to those adjoining. Figure 2 below details the
proposed subdivision pattern and lot sizes of this proposal with that of the
approved scheme of the B2 lands (DA0321/12).
Figure 2
Proposed Lot 4 adjoins the established properties of 27A Chisholm
Street and 19 Barwon Street to the south and east and is configured to minimise
any detrimental impact to these properties. An indicative building footprint on
the proposed lot demonstrates that it would be possible to accommodate a
dwelling that is compliant with the required controls can be developed,
ensuring that impact upon the adjoining properties is minimised. Further,
proposed Lot 3 is essentially the same size, depth and width of the lots it
would adjoin in the neighbouring B2 lands subdivision (Lots 5 and 15).
With these matters in mind and with regard to the SEPP No. 1
objection, the proposed subdivision is regarded as being acceptable.
Whether the proposed variation is of regional or state significance
The context and situation in which the departure from the
development standards is proposed is not assessed as have any regional or state
significance. It is isolated to this small pocket of South Turramurra and
represents the remaining opportunity for subdivision in the area. Further, the
process does not hinder the application of the development standards for
subdivision elsewhere in the Ku-ring-gai Local Government Area.
The public benefit in maintaining the planning controls under the
environmental planning instrument
The lot size development standard is consistent with the
development outcomes promoted by the Ku-ring-gai Planning Scheme Ordinance.
There is public benefit in maintaining this planning control but, in this
instance, requiring strict compliance would not be reasonable.
Further and separate to the SEPP
No. 1 matter but nonetheless relevant to the assessment is Schedule 9 of the
KPSO which contains the aims and objectives for residential zones. Consistent
with the discussions within this report, the proposed subdivision is assessed
in this case as being consistent with those aims and objectives.
Ku-ring-gai
Draft Local Environmental Plan 2013 (DLEP)
Ku-ring-gai Draft Local Environmental Plan 2013 (DLEP) has
been publicly exhibited and adopted by Council, as such, it is a matter for
consideration in the assessment of the application. Furthermore, the DLEP has
also been formally adopted by Council with a view to it being made by the
Minister, giving the draft instrument a degree of certainty and imminency. The
subject site is to be zoned ‘R2 Low Density Residential’ and the subdivision of
land is permissible with consent under that zoning. The site does not contain a
heritage item and is not located in the immediate vicinity of an item of
heritage or conservation area. Technically, the subdivision is able to proceed
under the draft instrument.
Clause 4.1 of the DLEP provides a minimum subdivision size
for the subject site of 930m2. All allotments are required to have a
minimum width of 18m, measured at 12m from the road frontage of the lot. In the
case of battleaxe allotments, the access handle is excluded from the site area
calculation. The subdivision controls of the DLEP is very similar to that
contained within the KPSO. The only significant difference is the size of
battleaxe allotments, which are not required to be larger than lots which face
the street and, as such, the two proposed battleaxe allotments do not result in
as a significant variation than the extent of the KPSO.
Clause 6.6 provides controls for biodiversity protection and
applies to areas identified as being of biodiversity significance. The clause
requires consideration to be given to the impact of the proposed development
upon native vegetation, the habitat of threatened species, populations or
communities, regionally significant species, biodiversity corridors, wetlands,
biodiversity values and the stability of the land. The ecological value of the
subject site has been considered in detail and the conclusions drawn are that
the site contains no significant areas of ecological or biodiversity value.
Clause 6.10 addresses stormwater and water sensitive urban
design and the proposal has been addressed as satisfactory by Council’s
Development Engineer in this regard.
Consistent with the above considerations, the proposed
subdivision would depart from the minimum lot requirement and, to a very minor
degree, from the minimum width requirement for Torrens title subdivision in the
R2 zone, however it has been demonstrated that, despite this departure, future
development on the proposed lots could be proposed that satisfies the other
standards and controls of the DLEP and consistent with its objectives. It is
acknowledged that this was the accepted case of the B2 lands subdivision DA, as
the DLEP was a matter for consideration in that application’s assessment.
Policy provisions
Development
Control Plan No. 40 – Construction and Demolition Waste
The provisions of DCP 40 require Council to consider, when
assessing a development application, the construction and demolition waste and
seeks ways to reduce or reuse the waste. A Construction Management Plan and
Waste Management Plan have been prepared for the proposal and are considered to
satisfactorily address DCP 40.
Development
Control Plan No. 47 – Water Management
The provisions of DCP 47 require Council to consider, when
assessing a development application, the design of the proposal against the
specified criteria for water management. The comments of Council’s Development
Engineer provide a detailed assessment against these controls and conclude that
the proposal is appropriately designed with regard to water management, DCP 47.
Ku-ring-gai
Contributions Plan 2010
The Section 94 contributions applicable to the proposal have
been calculated and a condition of consent is recommended requiring the payment
of those contributions, (Condition 20).
Likely Impacts
As demonstrated by this assessment, the proposed subdivision
is assessed as having an acceptable impact upon the surrounding natural,
social, economic and built environments.
Suitability of the Site
The site is largely zoned
residential and contains no significant environmental constraints. Whilst the development
departs from the minimum lot size contained within the KPSO, the lot sizes are
commensurate with lot sizes in the general area and would result in a
development density that would be comparable to that of the adjoining
subdivision of the former B2 lands. For these reasons, the site is assessed as
being suitable for the proposed development.
Public Interest
Approval of the application is
assessed as being in the public interest as the lot sizes proposed are
consistent with those of surrounding properties, with the subdivision
representing a consistent density when compared with the adjoining subdivision
of the B2 lands. Moreover, the configuration of lots within the subdivision
does not result in any greater impact on an established allotment than would
result in a strictly complying scheme.
Conclusion
The proposed subdivision is
considered to be acceptable when assessed against the matters for consideration
of s.79C of the Environmental Planning and Assessment Act, 1979 and, as such,
the accompanying SEPP 1 objection to the lot size standard is well founded and
the application is recommended for approval.
|
Recommendation:
A. THAT
Council, as the consent authority, is of the opinion that the objection under
State Environmental Planning Policy No. 1 – Development Standards to
the minimum allotment size and width standards in clause 58B(3)(c) of the
Ku-ring-gai Planning Scheme Ordinance is well founded and that
the departure to the development standards in this subdivision are consistent
with those accepted in DA0321/12. The Council is also of the opinion
that strict compliance with the development standard is unreasonable and
unnecessary in the circumstances of this case.
AND
B. THAT
Council, as the consent authority, being satisfied that the objection under
SEPP No. 1 is well founded and also being of the opinion that the granting of
consent to DA0238/14 is consistent with the aims of the Policy, grant
development consent to DA0238/14 for demolition of the existing dwelling and
associated ancillary structures and Torrens title subdivision into four lots
including associated civil works on land at 23 Chisholm Street, South
Turramurra for a period of two years from the date of the Notice of
Determination, subject to the following conditions:
1. Approved architectural plans and documentation
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
|
|
Proposed subdivision of Lot 9 in DP 663504 - Page 1 of
1
|
Usher and Company
|
Undated
|
|
14051/sw1 Rev C
|
Docker Smith Pty Limited
|
29.09.14
|
|
14051/sw3 Rev A
|
Docker Smith Pty Limited
|
September 2014
|
|
14501/sw4 Rev A
|
Docker Smith Pty Limited
|
September 2014
|
|
LDA01 - 31.14 Issue A
|
Conus Landscape Architecture Pty Ltd
|
18.09.14
|
|
Document(s)
|
Dated
|
|
Bushfire Hazard Assessment Report - proposed
subdivision 140833
|
26 June 2013
|
Reason: To
ensure that the development is in accordance with the determination.
2. Inconsistency
between documents
In
the event of any inconsistency between conditions of this consent and the
drawings/documents referred to above, the conditions of this consent prevail.
Reason: To
ensure that the development is in accordance with the determination.
3. 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
|
|
LDA01 Issue A
|
Conus Landscape Architecture P/L
|
18/09/14
|
Reason: To
ensure that the development is in accordance with the determination.
Conditions
to be satisfied prior to demolition, excavation or construction:
4. Asbestos
works
All
work involving asbestos products and materials, including asbestos-cement-
sheeting (ie. Fibro), must be carried out in accordance with the guidelines
for asbestos work published by WorkCover Authority of NSW.
Reason:
To ensure public safety
5. 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.
6. 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.
7. 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.
8. Tree protection fencing
To
preserve the following tree/s, no work shall commence until the area beneath
their canopy is fenced off at the specified radius from the trunk/s to
prevent any activities, storage or the disposal of materials within the
fenced area. The fence/s shall be maintained intact until the completion of
all demolition/building work on site.
|
Schedule
|
|
Tree/Location
|
Radius in metres
|
|
T1, T2 & T3 - 3 x Callitris rhomboidea (Port
Jackson Pine) / Nature strip
|
2 metres
|
Reason: To
protect existing trees during the construction phase.
9. Tree
protective fencing type galvanised mesh
The
tree protection fencing shall be constructed of galvanised pipe at 2.4 metre
spacing and connected by securely attached chain mesh fencing to a minimum
height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
10. Tree
protection signage
Prior to works commencing, tree protection signage is to
be attached to each tree protection zone, displayed in a prominent position
and the sign repeated at 10 metres intervals or closer where the fence
changes direction. Each sign shall contain in a clearly legible form, the
following information:
Tree protection zone.
· This fence has been installed to prevent
damage to the trees and their growing environment both above and below ground
and access is restricted.
· Any encroachment not previously approved
within the tree protection zone shall be the subject of an arborist's report.
· The arborist's report shall provide proof that
no other alternative is available.
· The Arborist's report shall be submitted to
the Principal Certifying Authority for further consultation with Council.
· The name, address, and telephone number of the
developer.
Reason: To
protect existing trees during the construction phase.
11. 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.
12. Construction waste
management plan
Prior to the
commencement of any works, the Principal Certifying Authority shall be
satisfied that a waste management plan, prepared by a suitably qualified
person, has been prepared in accordance with Council’s DCP 40 - Construction
and Demolition Waste Management.
The plan
shall address all issues identified in DCP 40, including but not limited to:
the estimated volume of waste and method for disposal for the construction
and operation phases of the development.
Note: The
plan shall be provided to the Certifying Authority.
Reason: To
ensure appropriate management of construction waste.
Conditions
to be satisfied prior to the issue of the construction certificate:
13. Submission of plans
for drainage and driveway
For the issue of a Construction Certificate plans
suitable for construction of the required internal drainage and driveway
works shall be submitted to and approved by the Principal Certifying
Authority.
Reason:
So that stormwater drainage and vehciular access wil be available for the new
lots.
14. 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.
15. 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.
16. Design of works in
public road (Roads Act approval)
Prior to issue of the
Construction Certificate, the Certifying Authority shall be satisfied that
engineering plans and specifications prepared by a qualified consulting engineer
have been approved by Council’s Development Engineer. The plans to be
assessed must be to a detail suitable for construction issue purposes and
must detail the following infrastructure works required in Chisholm Street:
· Construction of
375mm diameter concrete pipe and Pits 5, 6 and 7 for connection of stormwater
from the subdivision to Council's existing pit.
Development consent does not
give approval to these works in the road reserve. The applicant must obtain
a separate approval under sections 138 and 139 of The Roads Act 1993 for the
works in the road reserve required as part of the development. The
Construction Certificate must not be issued, and these works must not proceed
until Council has issued a formal written approval under the Roads Act 1993.
The required plans and
specifications are to be designed in accordance with the General
Specification for the Construction of Road and Drainage Works in Ku-ring-gai
Council, dated November 2004. The drawings must detail existing utility services
and trees affected by the works, erosion control requirements and traffic
management requirements during the course of works. Survey must be
undertaken as required. Traffic management is to be certified on the drawings
as being in accordance with the documents SAA HB81.1 - 1996 - Field Guide for
Traffic Control at Works on Roads - Part 1 and RTA Traffic Control at Work
Sites (1998). Construction of the works must proceed only in accordance with
any conditions attached to the Roads Act approval issued by Council.
A minimum of three (3) weeks
will be required for Council to assess the Roads Act application. Early
submission of the Roads Act application is recommended to avoid delays in
obtaining a Construction Certificate. An engineering assessment and
inspection fee (set out in Council’s adopted fees and charges) is payable and
Council will withhold any consent and approved plans until full payment of
the correct fees. Plans and specifications must be marked to the attention of
Council’s Development Engineers. In addition, a copy of this condition must
be provided, together with a covering letter stating the full address of the
property and the accompanying DA number.
Reason: To
ensure that the plans are suitable for construction purposes.
17. 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.
18. Underground
services
All electrical services
(existing and proposed) shall be undergrounded from the proposed building on
the site to the appropriate power pole(s) or other connection point. Undergrounding
of services must not disturb the root system of existing trees and shall be
undertaken in accordance with the requirements of the relevant service
provided. Documentary evidence that the relevant service provider has been
consulted and that their requirements have been met are to be provided to the
Certifying Authority prior to the issue of the Construction Certificate. All
electrical and telephone services to the subject property must be placed
underground and any redundant poles are to be removed at the expense of the
applicant.
Reason: To provide infrastructure that facilitates the
future improvement of the streetscape by relocation of overhead lines below
ground.
Conditions
to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation
or construction (whichever comes first):
19. 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.
20. Section
94 development contributions - other than identified centres
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
|
|
Local parks and local sporting facilities
|
$8,856.44
|
|
Local recreation and cultural facilities; Local social
facilities
|
$59,891.09
|
|
Total:
|
$68, 747.53
|
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.
Notwithstanding the total
above, in accordance with the s94E Direction issued by the Minister for
Planning dated 3 March 2011, for so long as it remains legally in force, the
maximum amount payable for the subject development application shall be
$20,000 x 3 = $60,000.
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:
21. 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.
22. 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.
23. 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.
24. Statement of
compliance with Australian Standards
The demolition work shall
comply with the provisions of Australian Standard AS2601: 2001 The Demolition
of Structures. The work plans required by AS2601: 2001 shall be accompanied
by a written statement from a suitably qualified person that the proposal
contained in the work plan comply with the safety requirements of the
Standard. The work plan and the statement of compliance shall be submitted to
the satisfaction of the Principal Certifying Authority prior to the
commencement of any works.
Reason: To ensure compliance with the Australian
Standards.
25. Construction noise
During excavation, demolition
and construction phases, noise generated from the site shall be controlled in
accordance with the recommendations of the approved noise and vibration
management plan.
Reason: To ensure reasonable standards of amenity to
neighbouring properties.
26. 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.
27. Dust control
During excavation, demolition
and construction, adequate measures shall be taken to prevent dust from
affecting the amenity of the neighbourhood. The following measures must be
adopted:
· physical barriers
shall be erected at right angles to the prevailing wind direction or shall be
placed around or over dust sources to prevent wind or activity from
generating dust
· earthworks and
scheduling activities shall be managed to coincide with the next stage of
development to minimise the amount of time the site is left cut or exposed
· all materials shall
be stored or stockpiled at the best locations
· the ground surface
should be dampened slightly to prevent dust from becoming airborne but should
not be wet to the extent that run-off occurs
· all vehicles
carrying spoil or rubble to or from the site shall at all times be covered to
prevent the escape of dust
· all equipment wheels
shall be washed before exiting the site using manual or automated sprayers
and drive-through washing bays
· gates shall be
closed between vehicle movements and shall be fitted with shade cloth
· cleaning of
footpaths and roadways shall be carried out daily
Reason: To protect the environment and amenity of
surrounding properties.
28. Use
of road or footpath
During
excavation, demolition and construction phases, no building materials, plant
or the like are to be stored on the road or footpath without written approval
being obtained from Council beforehand. The pathway shall be kept in a
clean, tidy and safe condition during building operations. Council reserves
the right, without notice, to rectify any such breach and to charge the cost
against the applicant/owner/builder, as the case may be.
Reason: To ensure safety and amenity of the area.
29. Guarding
excavations
All
excavation, demolition and construction works shall be properly guarded and
protected with hoardings or fencing to prevent them from being dangerous to
life and property.
Reason: To ensure public safety.
30. 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.
31. 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.
32. 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.
33. 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.
34. Erosion control
Temporary sediment and erosion
control and measures are to be installed prior to the commencement of any
works on the site. These measures must be maintained in working order during
construction works up to completion. All sediment traps must be cleared on a
regular basis and after each major storm and/or as directed by the Principal
Certifying Authority and Council officers.
Reason: To protect the environment from erosion and
sedimentation.
35. 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.
36. 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.
37. Approved
tree works
Approval
is given for the following works to be undertaken to trees on the site:
|
Schedule
|
|
Tree/Location
|
Approved tree works
|
|
T6 - Callitris rhomboidea (Port Jackson Pine) /
Lot 2
|
Removal
|
|
T7 - Callitris rhomboidea (Port Jackson Pine) /
Lot 2
|
Removal
|
|
T8 - Callitris rhomboidea (Port Jackson Pine) /
Lot 2
|
Removal
|
|
T9 - Banksia serrata (Old Man Banksia) / Lot 2
|
Removal
|
|
T16 - Pittosporum undulatum (Sweet Pittosporum)
/ Lot 1
|
Removal
|
|
T21 - Magnolia x soulangiana (Magnolia) / Lot 1
|
Removal
|
|
T22 - Magnolia grandiflora (Bull-bay Magnolia) /
Within the access handle
|
Removal
|
|
T23 - Liquidambar styraciflua (Liquidambar) /
Lot 2
|
Removal
|
Removal
or pruning of any other tree on the site is not approved, excluding species
exempt under Council’s Tree Preservation Order.
Reason: To
ensure that the development is in accordance with the determination.
38. 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.
39. 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.
40. 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 a Subdivision certificate:
41. Certification of
drainage works and construction of driveway in access handle
Prior
to issue of the Subdivision Certificate, the Principal Certifying Authority
is to be satisfied that the stormwater drainage works and driveway in the
access handle have 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.
42. 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.
43. Construction of works
in public road
Prior issue of the Subdivision
Certificate all road, footpath and/or drainage works in the public road must
be completed in full, inspected and approved by Council. The applicant’s
designing engineer is to provide certification upon completion that the works
were constructed in accordance with the Council approved drawings. This
certification shall be provided prior to release of the linen plan/issue of
the Subdivision Certificate. The completed works are to be approved by
Council’s Development Engineer prior to release of the linen plan/issue of
the Subdivision Certificate.
Reason: To ensure completion of all road, footpath
and/or drainage works in the public road.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. Compliance with bush
fire assessment, report and certificate
Prior to the issue of a
Subdivision Certificate, the Principal Certifying Authority shall be
satisfied that all recommendations listed in the bush fire risk assessment
and report below have been complied with:
|
Document title
|
Prepared by
|
Dated
|
|
Bushfire Hazard Assessment Report No. 140833
|
Building Code and Bushfire Hazard Solution Pty Limited
|
26 June 2014
|
Reason: Statutory
requirement.
Conditions
to be satisfied prior to the issue of either an Occupation or Subdivision Certificate (which comes
first):
51. 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 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.
Conditions
to be satisfied at all times:
52. Compliance with bush fire
assessment, report and certificate
In accordance with the
recommendations listed in the bush fire risk assessment and report below, all
on going recommendations must be complied with at all times.
|
Document title
|
Prepared by
|
Dated
|
|
Bushfire
Hazard Assessment Report - Ref: 140833
|
Building
Code & Bushfire Hazard Solutions Pty Limited
|
26 June
2014
|
Reason: To protect
against bush fire.
53. Integrated referral conditions:
Rural Fire Service
Water
and utilities
The intent
of measures is to provide adequate services of water for the protection of
buildings during and after the passage of a bush fire, and to locate gas and
electricity so as not to contribute to the risk of firs to a building. To
achieve this, the following conditions shall apply:
1. The provision of water, electricity
and gas to the proposed lots shall comply with section 4.1.3 of ‘Planning for
Bush Fire Protection 2006’.
Access
The intent
of measures for property access is to provide safe access to/from the public
road system for fire fighters providing property protection during a bush
fire and occupants faced with evacuation. To achieve this, the following
conditions shall apply:
2. Property access road(s) provided to
each lot shall comply with section 4.1.3(2) of ‘Planning for Bush fire
protection 2006’.
Reason: Statutory requirement.
|
|
Adam Richardson
Executive Assessment Officer
|
Selwyn Segall
Team Leader - Development Assessment North
|
|
Corrie Swanepoel
Manager Development Assessment Services
|
Michael Miocic
Director Development & Regulation
|
|
Attachments:
|
A1View
|
Attachment
A - Zoning Map
|
|
2014/277632
|
|
|
A2View
|
Attachment
B- Objectors Map
|
|
2014/277626
|
|
|
A3View
|
Attachment
C - Plan of Subdivision
|
|
2014/250470
|
|
|
A4View
|
Attachment
D - Landscape Plan
|
|
2014/250471
|
|
|
A5View
|
Attacement
F - SEPP No. 1 Objection
|
|
2014/264479
|
|
|
A6View
|
Attachment
G - SEPP 1 Circular
|
|
2014/277017
|
|
|
A7View
|
Attachment
E - Stormwater Plan
|
|
2014/250474
|
|
APPENDIX
No: 1 - Attachment
A - Zoning Map
|
|
Item No: GB.6
|
|
APPENDIX No: 2 - Attachment
B- Objectors Map
|
|
Item No: GB.6
|
|
APPENDIX No: 3 - Attachment
C - Plan of Subdivision
|
|
Item No: GB.6
|
|
APPENDIX No: 4 - Attachment
D - Landscape Plan
|
|
Item No: GB.6
|
|
APPENDIX No: 5 - Attacement
F - SEPP No. 1 Objection
|
|
Item No: GB.6
|
|
APPENDIX No: 6 - Attachment
G - SEPP 1 Circular
|
|
Item No: GB.6
|
|
APPENDIX No: 7 - Attachment
E - Stormwater Plan
|
|
Item No: GB.6
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.7 / 199
|
|
|
|
|
Item
GB.7
|
S10098
|
|
|
23 October 2014
|
Draft Ku-ring-gai Local Environmental
Plan 2013 - Deferred Draft Heritage Items
EXECUTIVE
SUMMARY
|
a purpose of report:
|
To have Council consider additional heritage items for
inclusion in the Ku-ring-gai Local Environmental Plan 2013 (KLEP 2013).
|
|
|
|
|
background:
|
At the time of considering the
draft KLEP 2013, Council decided to postpone the listing of a number of
potential draft heritage properties for further investigation and
re-exhibition. This report addresses 14 potential heritage items.
|
|
|
|
|
comments:
|
Clive Lucas Stapleton & Partners Pty Ltd,
Architects and Heritage Consultants, were engaged to complete detailed
heritage assessments of the subject properties. This report provides an
assessment of heritage significance and recommends that several items be
considered for heritage listing under KLEP 2013 and several items be excluded
from a further heritage listing.
|
|
|
|
|
recommendation:
|
To prepare a Planning Proposal to
include the recommended properties as a heritage items under KLEP 2013.
|
Purpose of Report
To have Council consider additional heritage items for
inclusion in the Ku-ring-gai Local Environmental Plan 2013 (KLEP 2013).
Background
Following the public exhibition of the draft KLEP 2013, Council
resolved (in part) on 26 November 2013:
A. That
Council adopt the Planning Proposal for the draft KLEP as exhibited subject to
the following amendments:
………..
v. Amend
the Heritage Map and Schedule 5 to remove the following potential Heritage
Items and they be deferred for further investigation and re-exhibition.
· 59 Warrangi Street, Turramurra
· 51 Warrangi, Street Wahroonga
· 6 Munderah Street, Wahroonga
· 10 Munderah Street, Wahroonga
· 2 - 12 Neringah Avenue South,
Wahroonga
· 88 Fox Valley Road, Wahroonga
· 66 Pentecost Ave, Pymble
· 60 - 62 Pentecost Ave, Pymble
· 12 Bobbin Head Road, Pymble
· 33 Grandview Street, Pymble
……(Note 51 Warrangi Street- Suburb was listed
incorrectly as Wahroonga should read Turramurra)…..
D. That
Council resolve to …..
iii.
Further investigation be conducted on 6 Caithness Street, Killara as a new
potential Heritage Item.
In the case
of Caithness Street, Killara, Council also resolved to amend the Zoning Map for
2, 4, 6 Caithness Street, Killara to zone R2 Low Density Residential with
associated development standards.
L. That the Heritage Map and Schedule 5 be amended to
remove the following potential heritage item and defer it for further
investigation and re-exhibition.
· 8 Braeside Street, Wahroonga
Council resolved on 26 November 2013, that a number of
potential heritage items be removed from the Heritage Map and Schedule 5 of the
KLEP, and be deferred for further investigation (these items were listed in an
attachment to the Officers Report) and included 135 Springdale Road, Killara.
At the time of Council considering this matter in November
2013, the property owners of 135 Springdale Road, Killara made several
representations to Council, including a submission which contained a heritage
consultant’s report that concluded the property did not meet the threshold for
listing. Accordingly, it was decided to include 135 Springdale Road, Killara
in the current round of assessments.
Comments
Council engaged the services of a Heritage Consultant to
conduct an independent detailed assessment of the heritage significance of the
subject properties (Attachment A1). The heritage assessment provides
the following summary statements of heritage significance as the basis for the
recommendations in the tables below.
Properties recommended to be
listed on Council’s LEP as a heritage item of local significance
|
Item name
|
Address
|
Property description
|
|
Andover, dwelling house
|
51 Warrangi Street, Turramurra
|
Lot 1 DP580008
|
|
Neringah (former residence)
|
4 - 6 Neringah Avenue South, Wahroonga
|
Lot 55 and 56 DP2666
|
|
Dwelling house
|
88 Fox Valley Road, Wahroonga
|
Lot 15 DP568694
|
|
Heatherbrae, dwelling house
|
12 Bobbin Head Road, Pymble
|
Lot 1 DP200728
|
|
Irrawang, dwelling house
|
6 Caithness Street, Killara
|
Lot 6 DP14824
|
51 Warrangi, Street Turramurra, should be listed as a
local heritage item for the following reasons:
· It is significant as a Georgian
Revival house designed by noted Sydney Architect William Rae Laurie in 1936,
that appears to be relatively intact (albeit with additions), located on its
original allotment with a generous garden front, possibly containing remnant
landscape features and mature trees.
It is noted in the Consultant’s
report that no internal access was provided to this property and they
recommended for it heritage listing based on the precautionary principle.
4-6 Neringah Avenue South, Wahroonga, should be
listed as a local heritage item for the following reasons:
· It is rare as being the family
home of Andrew Reid, the sole owner of James Hardie Industries, a company that
built their name on the production of asbestos fibre cement, for whom the house
was constructed in imported asbestos fibre cement, presumably as a
demonstration of the use of the relatively new product on the market.
· For being an early (c1912),
surviving example of a house constructed of imported asbestos fibre cement,
built by the company that has become internationally renowned for the product.
· For its high research potential
to provide further understanding of the early manufacture, importation and use
of this important construction product, asbestos fibre cement.
· For its association with Andrew
Reid, the sole owner of the company James Hardie Industries and founder of a
dynasty controlling the company for a period of 85 years, over three
generations. James Hardie Industries was one of the first companies to import
and then manufacture asbestos fibre cement for building construction and the
company name is known internationally for the production of asbestos fibre
cement.
· As an example of a Federation
house in the Arts and Crafts style, the house is not particularly significant
and has undergone a number of alterations and additions as part of its use as a
health facility since 1940 and is no longer intact.
88 Fox Valley Road, Wahroonga
should be listed as a local heritage item for the following reasons:
· It is a highly significant as a
mostly intact, early (c1912) bungalow built in the Craftsman style, with many
original architectural features and details that define the style, including
its low spreading roof form, deep verandah, wide eaves with exposed rafters,
prominent gable verge, eyelid dormer, sandstone base, verandah columns and
chimneys and wall-hung shingles. Located on a portion of its original
allotment, the place retains elements of its original garden setting including
the carriage loop and mature tree plantings.
· It is historically linked to the
William Lewis Park located opposite on Fox Valley Road, being land gifted to Ku
ring gai Council by and named for the original owners of the property.
12 Bobbin Head Road, Pymble,
should be listed as a local heritage item for the following reasons:
· As a fairly intact Arts and
Crafts house (albeit with sympathetic additions) constructed c1914, that is
still located on a substantial portion of its early garden setting and retains
early landscape elements including a carriage drive and mature palm tree in the
centre island, which is considered rare in the locality.
· For retaining elements of an
early subdivision pattern associated with a period of land use on Bobbin Head
Road no longer surviving ie. farmlets and orchard.
· For being representative of the
early 1890s subdivision of Bobbin Head Road and the second phase of residential
development in the early 1900s with the construction of substantial dwellings
on the 1890s farmlets and orchard lands.
6 Caithness Street, Killara, should be listed as a
local heritage item for the following reasons:
· As a potentially rare surviving
residential bungalow designed by noted and prolific early 20th century Sydney
Architect Donald Esplin, of the firm Esplin & Mould, of which much of his
residential work has since been demolished or greatly altered.
· For being an example of a 1929
Colonial Revival bungalow, designed by a noted Sydney Architect that appears
relatively intact externally (and potentially internally intact), that is still
located on its original allotment, and part of a group of early 20th century
houses located in a picturesque cul-de- sac, Caithness Street.
· For being representative of the
later subdivision and residential development of the Killara Golf Course
locality and for its associations with former president and life member of the
Killara Golf Club, Tom Keith Smith, the original owner for whom the house was
built.
Properties recommended not to be listed on Council’s
LEP as a heritage item of local significance
|
Item name
|
Address
|
Property description
|
Located within a HCA
|
|
Merton, dwelling house
|
59 Warrangi Street, Turramurra
|
Lot 1 DP215730
|
No
|
|
Dwelling house
|
135 Springdale Road, East Killara
|
Lot 492 DP752031
|
No
|
|
Ricarda, Dwelling house
|
6 Munderah Street, Wahroonga
|
Lot 2 DP552850
|
No
|
|
Locarno, Dwelling house
|
10 Munderah Street Wahroonga
|
Lot 1 DP216542
|
No
|
|
Dwelling house
|
66 Pentecost Avenue, Pymble
|
Lot B DP103589
|
No
|
|
Dwelling house
|
60 - 62 Pentecost Avenue, Pymble
|
Lot 1 and 2 Sec 2 DP13451
|
No
|
|
Rostrevor, dwelling house
|
33 Grandview Street, Pymble
|
Lot 2 DP228015
|
Yes
|
|
Dwelling house
|
8 Braeside Street, Wahroonga
|
Lot 2 DP521286
|
Yes
|
|
Admissions Building, Neringah Hospital
|
8-10 Neringah Avenue South, Wahroonga
|
Lot 54 DP2666 and Lot 2 DP 585805
|
No
|
The basis for not recommending as heritage items is set out
in the extracts below.
59 Warrangi Street, Turramurra, should not be listed
as a local heritage item for the following reasons:
· Although a good quality 1930s
house attributed to noted Sydney Architects Fowell & McConnell, it is a
transitional style between Georgian Revival and Modern, and alterations and
additions have compromised the original floor plan.
· Although located on its original
allotment with a generous garden front, its front elevation is obscured from
view by the garage and it does not make a contribution to the streetscape.
· The house is associated with the
Beresford-Grants, a local family of note in the early to mid-20th century
although not known today, and it is representative only of the later
subdivision and residential development of the suburb of Turramurra.
135 Springdale Road, Killara, should not be listed as
a local heritage item for the following reasons.
· Although an unusual example of an
architectural transitional building that melds Interwar Old English style with
Modern detailing, it is neither a strong or fine example of either style.
· It is not associated with any
known Architect or previous owner/occupier of note.
· It is associated with Sydney
builder, Cecil Paynter, the son of a noted builder and founder of the firm
Paynter Dixon. However Cecil Paynter was responsible for a large number of
dwellings, including a number in the Ku ring gai Council area, making the
property relatively common in this regard.
· It is one of a large number of
houses built as a result of the mid-20th century residential subdivision of the
East Killara area and therefore not uncommon.
6 Munderah Street, Wahroonga, should not be listed as
a local heritage item for the following reasons:
· Although built as an Arts and
Crafts style bungalow, many of its original features have been lost as a result
of the high quality work from the 1950s remodelling the house in the Colonial
Revival style and is no longer intact and not considered a good example of
either architectural style.
· No longer located on its original
allotment and later development has disrupted the historic and visual
relationship between the house and its former adjoining neighbour, Munderah
Street, built for the original owners’ brother. is representative only of the
early 20th century subdivision and residential development of John T Toohey’s
lands resulting in the formation of Munderah Street, although it was one of the
first three houses to be built on the street.
· The place is associated with
Richard W.W. McCoy MLA and solicitor for whom the house was built in 1914 and
who named the house for his daughter, a person of note at the time, although
not known today.
10 Munderah Street, Wahroonga, should not be listed
as a local heritage item for the following reasons:
· It is representative only of the
early 20th century subdivision and residential development of John T Toohey’s
lands resulting in the formation of Munderah Street, although it was one of the
first three houses to be built on the street, one of a number of Arts &
Crafts style houses in the locality and although an attractive dwelling that
contributes to the streetscape, Locarno has lost its much of its integrity and
the additions by Laurie and Heath Architects are not at all notable.
· No longer located on its original
allotment and later development has disrupted the historic and visual
relationship between the house and its former adjoining neighbour, 6 Munderah
Street, built for the original owners’ brother.
66 Pentecost Avenue, Pymble, should not be listed as
a local heritage item for the following reasons.
· It is representative of the
mid-20th century residential development of the Pymble Golf Links Estate.
· Although one of three houses
built by Pymble Golf Links Estate Ltd to encourage the further development of
the subdivision, the house has no known architect and the construction of
‘demonstration’ houses by development companies is not uncommon.
· Although a good example of an Old
English style house that appears to be relatively intact externally, with many
of the stylistic trademarks of the ‘Tudor manor’ or ‘Stockbroker Tudor’ style,
it is a simpler version of the style indicative of its being a ‘demonstration’
home and a number of finer examples of the type are located throughout the Ku
ring gai Council area.
· As an attractive dwelling located
on a corner allotment, the house is visually prominent and contributes to the
mixed, though good quality architecture located along Pentecost Avenue.
60 - 62 Pentecost Avenue,
Pymble, should not be listed as a
local heritage item for the following reasons:
· It is representative of the
mid-20th century residential development of the Pymble Golf Links Estate,
together with the majority of the properties in the locality and with no
specific links to the history of the Pymble Golf Course or the associated
development of the area.
· It is an attractive example of a
Post War American Colonial style dwelling of the 1950s, that is not considered
to be particularly aesthetically distinctive or a notable example of the type.
· Although a known example of the
work of the short lived architectural partnership of J.A.V. Nisbet and
J.B. Suttor, both highly respected Sydney architects, it is not a noted example
of either architect’s work.
· As an attractive dwelling located
on a corner allotment, the house is one of a group of good quality residences
of mixed styles located along Pentecost Avenue, although boundary fencing and
hedges obscure clear views of the building from the street.
33 Grandview Street, Pymble, should not be listed as
a local heritage item for the following reasons:
· As an example of a late Victorian
cottage and although still retaining many original and early features and
architectural detailing, the extent of alterations and additions undertaken in
the 1940s and subsequently have eroded the integrity of the building and it is
now difficult to understand its architectural development.
· Although the house is associated
with John Fell, oil merchant and his son Ian Buchan Fell, the Architect
responsible for alterations to the house in the 1940s; it was not Fell’s
principal home and no events of note associated with the family are known to
have occurred there.
· Rostrevor is one of a group of
similar Victorian houses in the immediate locality which survive largely intact
and clearly demonstrate the late 19th century origins of the Roseville Estate
subdivision.
It is noted that the property is located within a Heritage
Conservation Area (HCA), and its recognition as a contributory building is
considered appropriate.
8 Braeside Street, Wahroonga, should not be listed as
a local heritage item for the following reasons:
· As an example of a P&O style
house, it is considered unusual in the Ku ring gai Council area, although it is
not a particularly good example of its type and has undergone a number of
alterations and is no longer intact.
· Its overall form and detailing to
the front elevation contribute to the mix of residential architectural styles
found in Braeside Street.
· It is representative only of the
residential development of the suburb of Wahroonga which occurred from the late
19th century through to the mid-20th century.
It is noted that the property is located within a HCA, and
its recognition as a contributory building is considered appropriate.
8-10 Neringah Avenue South, Wahroonga, should not be
listed as a local heritage item for the following reasons:
· Constructed in 1955 by the
architectural firm N.W. McPherson and Associates, it is unusual and a not
particularly notable example of this firm’s work.
· As a plain, functional building
built for the Home of Peace for the Dying, it is only representative of health
facility architecture typical of the mid-20th century and similar examples of
this building type are to be found in many other institutions and health care
facilities.
It should be noted at the Council meeting held on 26
November 2013, Council also resolved to defer a significant number of other
potential items for further investigation and review. These potential items are
being further researched and draft heritage inventory forms are being finalised
for a report back to Council for consideration for potential exhibition.
integrated planning and reporting
Places Spaces and Infrastructure
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
P5.1 Ku-ring-gai’s heritage is protected, promoted and
responsibly managed
|
Strategies, plans and
processes are in place to effectively protect and preserve Ku-ring-gai’s
heritage assets.
|
Identify gaps in existing strategies and plans.
Implement, monitor and review Ku-ring-gai’s heritage
planning provisions
|
Governance Matters
Following public exhibition of the draft KLEP 2013, Council
resolved on 26 November 2013 to defer properties for further investigation and
re-exhibition. At the same meeting, Council resolved to undertake further
investigation on additional properties as new potential heritage items. Council
is now in a position to make a formal determination on the heritage listing on
some of the subject properties in Council’s LEP. If adopted those properties
identified for a potential heritage listing will be subject a further public
re-exhibition process via a planning proposal.
The process for the preparation and implementation of a
planning proposal is governed by the provisions of the Environmental
Planning and Assessment Act, 1979 and the Local Government Act, 1993
(where relevant).
Council will seek the
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.
At the
time of writing this report the status of draft KLEP 2013 was imminent with the
final plan and associated maps awaiting gazettal by the Minister.
Risk Management
Further to the recent consideration of public submissions on
the draft KLEP 2013, Council is now in a position to make a further formal
determination on the statutory listing of the subject properties as local
heritage items.
Financial Considerations
The costs associated with this
matter are covered by the Strategy and Environment Department, Urban Planning
and Heritage budget.
Social Considerations
Following the public exhibition of
the draft KLEP 2013, Council resolved on 26 November 2013, that the subject
properties warranted further independent investigation of their heritage
significance, prior to further consideration. Ku-ring-gai Council is responsible
for the identification and management of Ku-ring-gai’s local cultural heritage.
Consideration of this matter will assist in meeting its requirements to
identify and protect items of local cultural heritage significance.
Environmental Considerations
Council is responsible for the
identification and management of Ku-ring-gai’s local environmental heritage.
Consideration of this matter will assist Council in meeting this requirement.
Community Consultation
If Council adopts the recommendations of this report for the
draft listing of certain properties, these will be exhibited in accordance with
the requirements of the NSW Department of Planning and Environment (P&E).
This will involve appropriate notification and a further report back to
Council.
The Review of 14 Draft and Potential Heritage Items by Clive
Lucas Stapleton & Partners Pty Ltd, Architects and Heritage Consultants,
was considered at Council’s Heritage Reference Committee meeting of 10 November
2014.
All property owners identified in
this report have been notified of this matter coming to Council.
Internal Consultation
This report has been referred to the relevant internal
sections of Council, where relevant.
Summary
Following public exhibition of the draft KLEP 2013, Council
resolved on 26 November 2013, to defer several properties for further heritage
investigation. At the same meeting, Council resolved to undertake further
investigation on several additional properties as new potential heritage items.
Accordingly, Council engaged the services of a Heritage Consultant to conduct a
detailed assessment of the heritage significance of the subject properties.
This report provides the assessment of heritage significance and the
recommendations.
|
RecommendationS
A. That a Planning Proposal be prepared, in
accordance with Section 55 of the Environmental Planning and Assessment
Act, 1979, to amend Draft Ku-ring-gai Local Environmental Plan 2014 to
include the following properties on Schedule 5 and on the Heritage Map as a
heritage items of local significance:
i. 51 Warrangi Street, Turramurra (Lot 1 DP580008);
ii. 4 - 6 Neringah Avenue South, Wahroonga (Lot 55 and 56 DP2666);
iii. 88 Fox Valley Road, Wahroonga (Lot 15 DP568694);
iv. 12 Bobbin Head Road, Pymble (Lot 1 DP200728).
v. 6 Caithness Street, Killara (Lot 6 DP14824).
B. That the Planning Proposal be submitted to the
Department of Planning and Infrastructure for a Gateway Determination in
accordance with Section 56 of the Environmental Planning and Assessment
Act, 1979.
C. That, In order to facilitate a more timely
Gateway Determination, the NSW Heritage Office be consulted prior to
submitting the Planning Proposal to the Department of Planning and
Environment. Should comments not be received within 21 days, the Planning
Proposal is to be submitted regardless.
D. That Council request the plan-making delegation
under Section 23 of the EP&A Act for this Planning Proposal.
E. 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.
F. That a report be brought back to Council at the
conclusion of the exhibition period.
G. That Council take no further action on the
heritage listing for the following properties:
i. 59 Warrangi Street, Turramurra (Lot 1 DP215730);
ii. 6 Munderah Street, Wahroonga (Lot 2 DP552850);
iii. 10 Munderah Street, Wahroonga (Lot 1 DP216542);
iv. 66 Pentecost Avenue, Pymble (Lot B DP103589);
v. 60 - 62 Pentecost Avenue, Pymble (Lot 1 and 2 Sec 2
DP13451);
vi. 33 Grandview Street, Pymble (Lot 2 DP228015);
vii. 8 Braeside Street, Wahroonga (Lot 2 DP521286);
viii. 8-10
Neringah Avenue South, Wahroonga (Lot 54 DP2666 and Lot 2 DP 585805); and
ix. 135 Springdale Road, East Killara.
|
|
Liliana Duran
Heritage Planner
|
Antony Fabbro
Manager Urban & Heritage Planning
|
|
Andrew Watson
Director Strategy & Environment
|
|
|
Attachments:
|
A1View
|
Clive
Lucas Stapleton & Partners Pty Ltd, Ku-ring-gai Council Review of 14
Draft and Potential Heritage Items, Final Report and Heritage Inventory
Sheets, June 2014
|
|
2014/164133
|
|
APPENDIX
No: 1 - Clive
Lucas Stapleton & Partners Pty Ltd, Ku-ring-gai Council Review of 14
Draft and Potential Heritage Items, Final Report and Heritage Inventory
Sheets, June 2014
|
|
Item No: GB.7
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.8 / 359
|
|
|
|
|
Item
GB.8
|
S09780
|
|
|
12 November 2014
|
Lindfield Community Hub -
Probity Management Plan
EXECUTIVE
SUMMARY
|
purpose of report:
|
The purpose of this report is to provide a copy of the
Lindfield Community Hub Probity Management Framework for Council’s
information.
|
|
|
|
|
background:
|
Over the last two years Council
has made a significant commitment to the Lindfield Community Hub; a number of
important decisions have been made including the most recent from Ordinary
Meeting of Council 9 September 2014 when Council adopted four (4) land use
options for public exhibition and resolved to proceed with a tender for an
architectural consultant to prepare illustrative material.
|
|
|
|
|
comments:
|
The purpose of the Lindfield
Community Hub Probity Management Framework (Attachment A1) is to
provide a decision-making structure that is logical, robust, transparent,
accountable to Ku-ring-gai Council (Council) as a body, and the community, to
whom the Council is responsible, to govern the Lindfield Community Hub.
Probity management is
especially important for a project of this size and complexity where Council
is the landowner of the project site as well as having a significant interest
in the planning controls, land zoning and reclassifications undertaken as
part of this project.
|
|
|
|
|
recommendation:
|
That Council receive and note the Lindfield Community
Hub Probity Management Framework.
|
Purpose of Report
The purpose of this report is to provide a copy of the
Lindfield Community Hub Probity Management Framework for Council’s information.
Background
Over the last two years Council has made a significant
commitment to the Lindfield Community Hub. The following decisions have been
made by Council to date:
· Ordinary Meeting of Council 26 June
2012 Council resolved to commence reclassification of the Woodford Lane Site
from Community Land to Operational Land;
· Ordinary Meeting of Council 30 July
2014 Council resolved to proceed with the proposed reclassification of the
Woodford Lane site to operational land;
· Ordinary Meeting of Council 26
February 2013 Council resolved to work with Transport for NSW who were to
prepare a master plan for the site;
· Ordinary Meeting of Council 28 May
2013 Council resolved to undertake their own master planning process for the
site (in partnership with Transport for NSW), including establishing a project
team and allocating funding for the project;
· Ordinary Meeting of Council 24 June
2014 Council resolved to acquire the final parcel of land zoned RE1- Public
Recreation within the site; and
· Ordinary Meeting of Council 9
September 2014 Council adopted four (4) land use options for public exhibition
and resolved to proceed with a tender for an architectural consultant to
prepare illustrative material.
Comments
The Lindfield Community Hub project will deliver the
following community infrastructure:
· new public park and town square;
· new branch library;
· new multi-purpose community centre;
· new commuter car park with up to 240
spaces (fully funded by Transport for NSW); and
· replacement of Council’s existing
short stay car spaces in new basement parking (up to 112 in total).
In addition the project may deliver a new pedestrian bridge
over Pacific Highway (subject to funding).
The potential for some form of commercial/retail and
residential uses on the site is also being investigated.
The purpose of the Lindfield Community Hub Probity
Management Framework (Attachment A1) is to provide a decision-making
structure that is logical, robust, transparent, accountable to Ku-ring-gai
Council (Council) as a body, and the community, to whom the Council is
responsible, to govern the Lindfield Community Hub project. It describes the
management structure, including the specific role, accountabilities and
responsibilities, focusing primarily on authority level, information flow and
related probity guidance.
A probity management is especially important for a project
of this size and complexity where Council is the landowner of the project site
as well as having a significant interest in the planning controls, land zoning
and reclassifications undertaken as part of this project. Council as an elected
corporate body has no private interest in this project. Council has two roles
and both are legitimate public interest roles. ICAC’s publication Corruption
risks in the development approval process (September 2007) notes that in
this type of situation there may be a “conflict of roles”, that is, it is
possible for the two roles to come into conflict. The relevant probity aim is
to ensure that both roles are properly performed, that is, that they are
carried out with due regard to the probity principles.
integrated planning and reporting
|
Theme - Places, Spaces and Infrastructure - P4
Revitalisation of our centres
|
|
Community Strategic Plan Long Term Objective
|
Delivery Program Term Achievement
|
Operational Plan Task
|
|
A range of well planned, clean and safe neighbourhoods
and public spaces designed with a strong sense of identity and place.
|
Plans to revitalise local centres are being
progressively implemented and achieve quality design outcomes in
collaboration with key agencies, landholders and the community.
|
Implement a place management approach for the local
centre improvements to coordinate works and achieve quality outcomes.
|
|
|
An improvement plan for Lindfield
centre is being progressively implemented in collaboration with owners,
businesses and state agencies.
|
Engage with relevant stakeholders to establish timing,
extent and partnership opportunities.
Undertake due diligence and undertake project scope.
Identify and engage with the key stakeholders.
|
|
Theme - Community People Culture - C4 Healthy
lifestyles
|
|
Community Strategic Plan Long Term Objective
|
Delivery Program Term Achievement
|
Operational Plan Task
|
|
A healthy, safe, and diverse community that respects
our history, and celebrates our differences in a vibrant culture of learning.
|
New and enhanced open space and recreational
facilities have been delivered to increase community use and enjoyment.
|
Complete the design for identified
parks and include design principles which facilitate passive recreation
activities.
Construct Parks at identified
locations and include design principles which facilitate passive recreation
activities.
|
Governance Matters
The current estimated construction value of this project
will be around $30-50 million (based on estimates from Jones Lang LaSalle,
Stage 1 report, December 2013); Council’s contribution will likely exceed $10
million in development contributions from the 2010 Plan for community
infrastructure. On this basis, the Office of Local Government (OLG) Capital
Expenditure Guidelines (December 2010) apply to this project. The Guidelines
apply to capital projects for infrastructure facilities, including renovations
and extensions that are expected to cost in excess of 10% of Council’s annual
ordinary rate revenue or $1 million, whichever is the greater (GST exclusive).
The Governance Framework outlined within this document is
consistent with the OLG Capital Expenditure Guidelines.
A diagrammatic outline of the project governance structure
is provided in Appendix C of the Framework.
Risk Management
The Probity Framework is required to ensure that each aspect
of the process is, and is seen to be, open and transparent, that any conflict
of interest is avoided, pecuniary interests declared and that all aspects of
the project process complies with relevant legislation.
The Probity Framework includes requirements for
documentation of the relationship between parties involved in the project,
including the independence of any parties engaged by Council to undertake any
relevant consulting, be it financial, market and economic analysis, or any
other relevant assignment for the project.
The Probity Framework includes details on the probity
fundamentals in accordance with the Independent Commission Against Corruption’s
(ICAC) probity advising guidance material as well as key areas and controls to
be implemented during the project to ensure that these principles are met.
Financial Considerations
There are no direct financial implications arising from this
report.
Council will be required to retain a probity consultant over
the life of the project; this will be funded from the project account.
Social Considerations
There are no social implications arising from this report.
Environmental Considerations
There are no environmental implications arising from this
report.
Community Consultation
Community consultation is not required for the preparation
of the plan. Once reported to Council the Probity Framework will be made
available to the public by placing it on Council’s website.
Internal Consultation
Council’s probity consultants undertook a probity survey
which was completed by twenty-two (22) Council officers sitting across the
following areas:
· Urban Planning;
· Tendering/procurement;
· Community;
· Risk Management;
· Civil design / construction;
· Communications;
· Development Application assessment;
and
· Maintenance and asset management.
The consultants have undertaken a review of the results from
the survey and on that basis have prepared the Probity Framework.
Summary
The purpose of this report is to provide a copy of the
Lindfield Community Hub Probity Management Framework for Council’s information.
Over the last two years Council has made a significant
commitment to the Lindfield Community Hub. The project is planned to deliver a
number of new community facilities including:
· a new public park and town square;
· a new branch library;
· a new multi-purpose community
centre;
· a new commuter car park with up to
240 spaces (fully funded by Transport for NSW); and
· replacement of Council’s existing
short stay car spaces in new basement parking (up to 112 in total).
In addition the project may deliver a new pedestrian bridge
over Pacific Highway (subject to funding).
The purpose of the Lindfield Community Hub Probity Management
Framework (Attachment A1) is to provide a decision-making structure that
is logical, robust, transparent, accountable to Ku-ring-gai Council (Council)
as a body, and the community, to whom the Council is responsible, to govern the
Lindfield Community Hub project. It describes the management structure,
including the specific role, accountabilities and responsibilities, focusing
primarily on authority level, information flow and related probity guidance.
A probity management is especially important for a project
of this size and complexity where Council is the landowner of the project site
as well as having a significant interest in the planning controls, land zoning
and reclassifications undertaken as part of this project.
An internal survey involving 22 Council staff has formed the
basis of the Probity Framework.
Once reported to Council the Probity Framework will be made
available to the public by placing it on Council’s website.
|
Recommendation:
That Council receives and notes the Lindfield Community Hub
Probity Management Framework as attached to the report.
|
|
Bill Royal
Team Leader Urban Design
|
Antony Fabbro
Manager Urban & Heritage Planning
|
|
Andrew Watson
Director Strategy & Environment
|
|
|
Attachments:
|
A1View
|
Lindfield
Community Hub - Probity Management Framework - FINAL
|
|
2014/287959
|
|
APPENDIX
No: 1 - Lindfield
Community Hub - Probity Management Framework - FINAL
|
|
Item No: GB.8
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.9 / 396
|
|
|
|
|
Item
GB.9
|
S04553/10
|
|
|
27 October 2014
|
Environmental Levy Small Grants Scheme -
Round 16
EXECUTIVE
SUMMARY
|
purpose of report:
|
To seek Council’s endorsement to fund round sixteen
(16) of the Environmental Levy’s Community Small Grants Scheme.
|
|
|
|
|
background:
|
The Community Small Grants Scheme is designed to
assist the Ku-ring-gai community to deliver small, community based,
environmental projects at a neighbourhood level. An independent small grants
assessment panel has been established to undertake the review process.
|
|
|
|
|
comments:
|
Sixteen (16) applications were received under round
sixteen (16) of the Community Small Grants Scheme. Of these, the small grants
assessment panel recommends funding fifteen (15) projects, totalling $50,152.
|
|
|
|
|
recommendation:
|
That Council supports the recommendation of the small
grants assessment panel to fund fifteen (15) projects, totalling $50,152,
under round sixteen (16) of the Environmental Levy Community Small Grants
Scheme.
|
Purpose of Report
To seek Council’s endorsement to fund round sixteen (16) of
the Environmental Levy’s Community Small Grants Scheme.
Background
The Community Small Grants Scheme is designed to assist the
Ku-ring-gai community to deliver small, community based, environmental projects
at a neighbourhood level. The Scheme was identified in the development of the
Environmental Levy, with strong support from residents and Councillors, as an
opportunity to invest, at the local level, in projects of direct community
benefit.
As part of the Scheme, a panel has been established to
provide community and peer review of grant applications and funding protocols.
This panel makes recommendations to Council for the funding of projects, which
is the subject of this report. Membership of this panel was sought from local
community environmental groups and Council staff.
Table 1 outlines the number of projects and funding
allocations through the Community Small Grants Scheme to date.
Table 1: Summary of grants funded through the Community
Small Grants Scheme to date
|
Round
|
Number of
successful applications
|
Funding allocation
|
|
Round 1
|
3
|
$12,350
|
|
Round 2
|
12
|
$52,349
|
|
Round 3
|
9
|
$38,982
|
|
Round 4
|
9
|
$41,000
|
|
Round 5
|
10
|
$39,926
|
|
Round 6
|
11
|
$39,720
|
|
Round 7
|
10
|
$42,402
|
|
Round 8
|
11
|
$40,636
|
|
Round 9
|
12
|
$40,069
|
|
Round 10
|
7
|
$40,343
|
|
Round 11
|
11
|
$46,174
|
|
Round 12
|
12
|
$45,276
|
|
Round 13
|
13
|
$40,068
|
|
Round 14
|
15
|
$43,357
|
|
Round 15
|
16
|
$50,278
|
|
TOTAL
|
161
|
$612,930
|
Comments
Round sixteen (16) of the Scheme was promoted through
advertisements in local newspapers, the Sustainability e-news and
advertisements in three (3) Chinese newspapers. Posters and flyers were
displayed in Council libraries and Council Chambers.
Additionally, electronic promotion was conducted through
Council’s website and Council’s environmental email distribution lists.
A total of sixteen (16) funding requests were received,
totalling $55,148. The budget for round sixteen (16) is $52,000. Applications
were reviewed and rated by each member of the small grants assessment panel.
Please see Attachment A1 for a summary of the assessment panel review.
Based on this review, a summary of the recommended projects
(for funding) is provided in Table 2.
Table 2: Summary of successful projects and applicants
|
Project name
|
Group
|
Recommended funding
|
|
Tradescantia removal
|
Troon Place Streetcare
|
$1,600
|
|
Bank stabilisation
|
Geary's Way Bushcare Group
|
$2,700
|
|
Vegetable and herb garden
|
Michelle's Day care
|
$915
|
|
Do bass use ladders?
|
Macquarie University
|
$5,000
|
|
Mobile field guides to the
local native flora and fauna of Ku-ring-gai
|
Gaia Guide Association
|
$2,500
|
|
Weed awareness display
|
Ku-ring-gai Bushcare Association
|
$4,983
|
|
Repair to the STEP track
|
STEP
|
$5,000
|
|
Greening Ku-ring-gai's
rooftops
|
ARIES
|
$5,000
|
|
Reclaim Buller Ck
|
Buller St residents
|
$2,400
|
|
Bush regeneration at
Warragul Rd
|
Weed removal at Rofe Pk
|
$3,200
|
|
Restoration of the Rifleway
|
Friends of the Rifleway
|
$4,404
|
|
Weed removal
|
Normac Streetcare Group
|
$1,000
|
|
Supporting Ku-ring-gai's
Habitat Stepping Stones
|
ARIES
|
$3,000
|
|
Weed control
|
Quarry Creek Bushcare Group
|
$5,000
|
|
Vine control
|
Minnamurra Streetcare
|
$3,200
|
|
Total
|
|
$50,152
|
integrated planning and reporting
Natural Environment
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
A community empowered with knowledge, learning and
information that benefits the environment
|
Increased community action that benefits the environment
|
Deliver environmental resources and programs for residents
|
Governance Matters
The Community Small Grants Scheme, delivered through the
Environmental Levy program, provides annual funding to support environmental
projects at a community level. Community development programs are highlighted
in Ku-ring-gai’s Community Strategic Plan as a key area for Council and
accordingly the Environmental Levy funds a range of initiatives in this regard.
Risk Management
The Community Small Grants Scheme covers a range of projects
and within each project there are a variety of associated risks. Council
ensures reduced risk to the community and the environment by working closely
with grant recipients to ensure that work undertaken in bushland is handled by
professionals and that contractors are sourced with appropriate training and
safety standards.
Financial Considerations
The Environmental Levy has allocated $52,000 for round
sixteen (16) of the Community Small Grants Scheme.
Social Considerations
The Community Small Grants Scheme provides an opportunity to
invest at the local level in projects of direct community benefit. Many of the
Scheme’s projects see community members working closely together on a project
with an environmental focus. Thus, the Scheme has positive social benefits as
well as environmental.
Environmental Considerations
Round sixteen (16) funding has been allocated to enable
activities such as bush regeneration, sustainable housing, fauna protection and
weed management. Outstanding applications were received from a number of
organisations which will help promote a greater appreciation and understanding
of the natural environment within the Ku-ring-gai Local Government Area.
The evaluation criteria for the Community Small Grants
Scheme ensures that all projects benefit the natural environment, that is:
· a contribution to a sustainable
community with an environmental benefit for a significant section of the
community;
· cost effectiveness;
· a plan of management, demonstrating
sound management practices including planning to achieve the proposed
objectives;
· planning towards incorporating
financial, social and environmental sustainability; and
· compliance with relevant legislation
including, but not limited to the NSW Anti-Discrimination Act, 1977.
Community Consultation
The panel for round sixteen (16) comprised: the President of
WildThings NSW; the President of STEP Inc; two (2) Council staff from the
Environment and Sustainability department and the Bushland Operations
Coordinator. The panel corresponded via email and telephone to review the
proposals.
Internal Consultation
In reviewing the grant applications, Council’s Community
Volunteer Co-ordinator liaised with the Environmental Levy Team Leader, the
Team Leader Natural Areas and other relevant staff, in relation to projects
that fell within their areas of professional expertise.
Summary
This report seeks Council’s support to fund round sixteen
(16) of the Environmental Levy’s Community Small Grants Scheme.
Sixteen (16) applications were received under round sixteen
(16) of the Scheme. The small grants assessment panel recommends funding
fifteen (15) projects, totalling $50,152.
|
Recommendation:
That Council supports the recommendation of the small
grants assessment panel to fund fifteen (15) projects under round sixteen
(16) of the Environmental Levy Community Small Grants Scheme, totalling
$50,152.
|
|
Peter Clarke
Community Volunteers Co-ordinator
|
Marnie Kikken
Manager Environment & Sustainability
|
|
Andrew Watson
Director Strategy & Environment
|
|
|
Attachments:
|
A1View
|
Assessor's
comments on successful Round 16 applications
|
|
2014/283075
|
|
APPENDIX
No: 1 - Assessor's
comments on successful Round 16 applications
|
|
Item No: GB.9
|
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.10 / 402
|
|
|
|
|
Item
GB.10
|
S06604/2
|
|
|
28 October 2014
|
St Ives Showground and Precinct Lands
Draft Plan of Management
EXECUTIVE
SUMMARY
|
purpose of report:
|
To place the Draft St Ives
Showground and Precinct Lands Plan of Management on public exhibition in
accordance with the requirements of the Local Government Act 1993.
|
|
|
|
|
background:
|
The existing St Ives Showground
Plan of Management was last adopted by Council and the NSW Department of
Lands in 1999. The review of the Plan of Management was initially requested
by the NSW Land and Property Management Authority (now called the Crown Lands
Division) in 2009 to bring all parcels of land within the precinct
surrounding St Ives Showground under one plan of management. Subsequently, in
June 2010 Council adopted an Options Paper, similar to a master plan, for the
St Ives Showground and Precinct Lands and resolved to prepare a draft
Plan of Management incorporating all sites within the precinct, based on the
adopted options paper for the precinct.
|
|
|
|
|
comments:
|
The St Ives
Showground and Precinct Lands Plan of Management (POM) gives Council the authority
and option to approve the activities that are permitted and recommended in
the POM as well as any activities that are permitted within the zoning of the
land. The POM brings the following sites in the precinct under a single plan
of management:
· Ku-ring-gai Wildflower
Garden (KWG)
· Council Nursery Site
· St Ives Showground
(SISG)
· Honda Australia
Roadcraft Training Facility (HART)
· Green Waste tip site
(dis-used)
|
|
|
|
|
recommendation:
|
That the Draft St Ives Showground
and Precinct Lands Plan of Management be placed on public exhibition for 10
weeks, which includes the minimum period of 28 days with a further 14 days
for public comment, in accordance with the requirements of the Local
Government Act 1993, plus a further 28 days due to the Christmas holiday
period.
|
Purpose of Report
To place the Draft St Ives Showground and Precinct Lands
Plan of Management on public exhibition in accordance with the requirements of
the Local Government Act 1993.
Background
The existing St Ives Showground
Plan of Management was last adopted by Council and the NSW Department of Lands
in 1999, however it only covers the St Ives Showground and not the other areas
of the surrounding precinct.
The review of the Plan of
Management was initially requested by the NSW Land and Property Management
Authority (LPMA), now known as the Crown Lands Division (CLD), in August 2009
to bring all parcels of land within the precinct around St Ives Showground
under one plan of management. Subsequently, at the Ordinary Meeting of Council
on 22 June 2010, Council resolved to adopt an Options Paper for the St Ives
Showground and Precinct Lands and prepare a plan of management for the
precinct, based on the adopted options paper for the precinct, as follows:
A. That
Council endorse the preferred options in the St Ives Showground and Precinct
Draft Options Paper with the amendments as outlined in the report.
B. That
Council, in conjunction with the NSW LPMA commence preparation of a draft Plan
of Management incorporating the St Ives Showground, Council Nursery site,
Ku-ring-gai Wildflower Garden, Green Waste Tip site, and HART leased site,
based on the adopted options paper for the precinct.
C. That
Council write to all persons and groups who made a submission during the public
exhibition and expression of interest period to inform them that their comments
have been considered by Council and thank them for their submission.
D. That
Council write to all organisations who responded to the call for expressions of
interest to thank them for their submissions and inform them of the next steps,
that being the preparation of plan of management to facilitate the range of
options adopted by Council for the future use of the sites.
E. That
a report be brought back to Council, following adoption of the draft Plan of
Management by the LPMA, seeking approval to tender for public and / or private
partners to help Council deliver specific components of the site.
In relation to Part E of the resolution, the LPMA (now the
CLD) advised Council on 14 and 25 February 2014 to place the draft Plan of
Management on public exhibition and that it would consider providing comments
during the public exhibition period as follows:
Crown Lands do not generally wish
to give the Minister’s consent for Plans of Management under the Crown Lands
Act 1989 unless the land to which the POM applies is considered to be of State
significance. St. Ives Showground is of local significance in our view.
Crown Lands prefers that Council
prepare all POMs under the Local Government Act 1993. Our position is that
where Council is the Reserve Trust Manager, Council is able to treat the land
as community land (but clearly identify Reserve Trust Land) and prepare a POM
consistent with the purpose of the reserve. Under this process, Council is
simply required to provide a copy of the POM to Crown Lands once adopted by
Council for our records.
Crown Lands is happy to consider
adding an additional purpose [camping and caravanning], which does not
necessarily have to be linked to the PoM. The Plan could go out on exhibition
and we could make comments along with the rest of the community.
Crown Land and Plans of
Management
The NSW CLD is responsible for
the sustainable and commercial management of Crown land. A 2003 external review
of Crown land management identified reforms to streamline land administration,
simplifying processes, and to achieve a fair and reasonable return on the Crown
land assets of the State. This review also led to the strategy on sustainable
land management that seeks to balance conservation and biodiversity outcomes
with the social and economic needs of the community.
The government notification or
dedication of a reserve sets out the purposes for which that reserve may be
used. Generally, a reserve’s use can only be consistent with or supporting the
purposes stated in the reservation or dedication. However, the Crown Lands
Regulation 2006 lists various additional purposes for which reserves can be
used under temporary licences. Where possible, multiple uses of reserves are
encouraged, where those uses are consistent with the purpose of the reserve.
Changes in circumstances or in a community’s needs may require a change in the
way in which a reserve is used.
Under the changes introduced by
the 2005 amendments to the Crown Lands Act 1989, a reserve may be authorised to
be used for a purpose which is additional to the purpose for which the land was
reserved or dedicated, if the new purpose is generally compatible with the
existing purpose, consistent with the principles of Crown land management and
in the public interest.
Additional uses of Crown
reserves can be authorised by a plan of management or by order of the Minister.
In both cases, the Minister for Lands will consult with the reserve trust
managing the reserve and with any other Minister who has an interest in the
reserve. A reserve trust, or Crown Lands Act trust, is the legal body which
enables the temporary ownership of reserved or dedicated Crown land so it can
be managed by the trust on behalf of the public. A trust can only make
decisions and take actions concerning the reserve in the interests of the
reserve itself, and the public.
The reserve trust is set up
under the Crown Lands Act 1989 (the Act) to have responsibility for the care,
control and management of a Crown reserve. While a reserve trust is a legal
entity in its own right, it cannot operate without having someone appointed to
manage its affairs. A reserve trust can be managed by an incorporated body,
though this is usually a local council. A reserve trust can now also be managed
by more than one manager, with the different management responsibilities being
determined on either a geographical or functional basis. This will provide
increased flexibility in establishing the most appropriate management structure
for reserves, particularly where a number of different uses are located on the
reserve. A reserve trust manager must not receive any personal benefit from
fulfilling their role as manager or through their dealings with the trust
property.
When a council or a corporation
is appointed as manager, decisions regarding the operation of the reserve must
be made in accordance with the rules which govern the council’s operations or
the corporation’s own constitution, as applicable, as well as the Crown
Lands Act 1989. As reserve trust manager, a council has all the functions
of a council under the Local Government Act 1993 in relation to public
reserves. However the council has no power to classify the Crown reserve under
the Local Government Act. Consequently the plan of management affecting Crown
reserves is made under the Crown Lands Act 1989, not the Local
Government Act 1993, although in this instance the CLD has instructed
Council to prepare and exhibit this DPOM under the Local Government Act 1993.
Local councils as reserve trust
managers can be authorised by the Minister for Lands to grant leases, licences
and related easements over the Crown reserves they manage in certain
circumstances (as defined by the Minister for Lands) without the need to obtain
the Minister for Lands’ consent.
In making the decision to grant
this power, the Minister for Lands can take into account the Council’s
performance in managing public land, and may request information on this
performance from the Minister for Local Government. This authority does not
apply to agreements longer than 21 years which will still require the Minister
for Lands’ consent. The provision enables councils, where it is warranted and
appropriate, to have similar levels of autonomy and accountability over Crown
Land as they have under the community land provisions of the Local
Government Act 1993.
The CLD advised Council by
letter of 21 August 2009 that they wanted the St Ives Showground and Precinct
reserves amalgamated under the draft Plan of Management for the Precinct as
follows:
“Two reserves
marked 752017 for future public requirements, the closed Crown road (R752017)
and Reserve 752038 (South of Mona vale road) for Future Public Requirements are
not under trust management. The DPoM (Draft Plan of Management) should
investigate appropriate reservation and tenure of these lands.
Management
planning should consider the amalgamation of all existing reserves and move
towards trust management of the Honda Site. This among other things means
proceeds can be allocated across the whole precinct under s 106 of the CLA
1989”.
The CLD also advised Council by
letter dated 4 May 2010 regarding the Green Waste tip site permissive occupancy
1972/66:
“It is appropriate
that Council retains the Permissive Occupancy until such time as the site is
benign and poses no further risk to the environment.”
To date the LPMA has supported
Council’s role in the preparation of a draft plan of management and
participated in the exhibition and consultation process for the Options Paper.
Comments
The St Ives Showground and
Precinct Lands Draft Plan of Management (DPOM) (Attachment A1) gives
Council the authority and option to approve the activities that are permitted
and recommended in the POM as well as any activities that are permitted within
the zoning of the land. The POM also brings the following sites in the precinct
under a single plan of management:
· Ku-ring-gai Wildflower
Garden (KWG)
· Council Nursery Site
· St Ives Showground
(SISG)
· Honda Australia
Roadcraft Training Facility (HART)
· Green Waste tip site
(disused)
Land Zoning In The Precinct
As Council retains the authority and option to approve the
activities that are permitted and recommended in the POM as well as any
activities that are permitted within the zoning of the land, it is important to understand the types of activities
that are permitted under the zonings in the precinct.
Under Council’s adopted
Draft Principal Local Environment Plan the following outlines land use zones
and related controls apply to the St Ives Showground & Precinct Lands:
· Zone RE1 Public Recreation
· Zone E2 Environmental Conservation
The relevant objectives
and permissible and prohibited land uses for these zones follow.
Zone RE1 Public Recreation
1. Objectives of zone
· To enable land to be used for public open space
or recreational purposes.
· To provide a range of recreational settings and
activities and compatible land uses.
· To protect and enhance the natural environment
for recreational purposes.
· To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
2. Permitted without consent
Environmental facilities; Environmental protection works;
Roads
3. Permitted with consent
Animal boarding or
training establishments; Beekeeping; Camping grounds; Caravan parks; Car parks;
Child care centres; Community facilities; Emergency services facilities;
Information and education facilities; Flood mitigation works; Food and drink
premises; Forestry; Kiosks; Markets; Plant nurseries; Recreation areas;
Recreation facilities (indoor); Recreation facilities (major); Recreation
facilities (outdoor); Registered clubs; Respite day care centres; Roadside
stalls; Signage; Water recycling facilities; Water supply systems.
4. Prohibited
Any
development not specified in item 2 or 3.
Zone E2 Environmental Conservation
1. Objectives of zone
· To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
· To prevent development that could destroy,
damage or otherwise have an adverse effect on those values.
2. Permitted without consent
Environmental protection works.
3. Permitted with consent
Environmental facilities: Flood mitigation works; Roads;
Water storage facilities.
4. Prohibited
Business premises;
Hotel or motel accommodation; Industries; Multi-dwelling housing; Recreation
facilities (major); Residential flat buildings; Restricted premises; Retail
premises; Seniors housing; Service stations; Warehouse or distribution centres;
Any other development not specified in item 2 or 3.
Key Definitions in Zonings
All land use terms used
in Draft Principal Local Environmental Plan are defined by the Standard
Instrument (Local Environmental Plans) Order 2006. Key definitions include the following:
Recreation
area means a place used for outdoor
recreation that is normally open to the public, and includes:
(a) a children’s
playground, or
(b) an area used for community
sporting activities, or
(c) a public park, reserve or
garden or the like
and any ancillary buildings,
but does not include a recreation facility (indoor), recreation facility
(major) or recreation facility (outdoor).
Recreation facility
(outdoor) means a building or place
(other than a recreation area) used predominantly for outdoor recreation,
whether or not operated for the purposes of gain, including a golf course, golf
driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling
green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track,
rifle range, water-ski centre or any other building or place of a like
character used for outdoor recreation (including any ancillary buildings), but
does not include an entertainment facility or a recreation facility (major).
Recreation facility (indoor) means a building or place used predominantly for indoor
recreation, whether or not operated for the purposes of gain, including a
squash court, indoor swimming pool, gymnasium, table tennis centre, health
studio, bowling alley, ice rink or any other building or place of a like
character used for indoor recreation, but does not include an entertainment
facility, a recreation facility (major) or a registered club.
Recreation facility (major) means a building
or place used for large-scale sporting or recreation activities that are
attended by large numbers of people whether regularly or periodically, and
includes theme parks, sports stadiums, showgrounds, racecourses and motor
racing tracks.
Crown Land Purposes
The government notification or
dedication of a reserve sets out the purposes for which that reserve may be
used. Generally, a reserve’s use can only be consistent with or supporting the
purposes stated in the reservation or dedication. However, under the Crown
Lands Regulation 2006, various additional purposes are permitted under
temporary licences. Where possible, multiple uses of reserves are encouraged,
where those uses are consistent with the purpose of the reserve. Changes in
circumstances or in a community’s needs may require a change in the way in
which a reserve is used.
Under the changes introduced by
the 2005 amendments to the Crown Lands Act 1989, a reserve may be
authorised to be used for a purpose which is additional to the purpose for
which the land was reserved or dedicated, if the new purpose is generally
compatible with the existing purpose, consistent with the principles of Crown
land management and in the public interest.
Additional uses of Crown reserves can be authorised by a plan of
management.
Table 1 below lists the previous
and proposed public uses for the Showgrounds and precinct lands. Additional
public purposes have been listed for each precinct area to give Council more
flexibility for the future use of each precinct.
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PROPOSED DEDICATION – ST IVES SHOWGROUND & PRECINCT LANDS
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The St Ives Showground
and precincts provide for a range of public uses ranging from recreational to
cultural activities with areas of high natural value plantation and bushland
conservation and environmental education.
Management of the precincts
will be consolidated to recognize shared and interrelated community and
environmental values and use, and to increase efficiency and sustainability.
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Ku-ring-gai Wildflower Garden Precinct
|
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Previous
Public Uses
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Proposed
Public Uses
|
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Public recreation
Promotion of the study
and the preservation of native flora and fauna
Future public
requirements
Closed road
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Public
recreation
Promotion of the study
and the preservation of native flora and fauna
Bushland management
Cultural events and
community education
Business support and
administration of all of the above
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Ku- ring-gai CoMMUNITY Nursery Precinct
|
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Previous
Public Uses
|
Proposed
Public Uses
|
|
Plantation
and public recreation
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Public
recreation:
- Indoor sports
- Outdoor sports
- Gymnasium
- Business support and administration of the above
Camping and caravanning
Plant nursery
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St Ives Showground
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Previous
Public Uses
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Proposed
Public Uses
|
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Public
Recreation & Showground
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Public
recreation
Showground
and related use
Community
uses (facilities)
Bushland
management
Kiosks
Markets
|
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Honda Australia Roadcraft Training (HART)
(LicenCe 315729)
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Previous
Public Uses
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Proposed
Public Uses
|
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Building, business
purposes and conservation purposes
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Public
recreation
Community
driver education
Bushland
management
Community
uses (facilities)
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Green waste TIP site – Disused
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Previous
Public Uses
|
Proposed
Public Uses
|
|
Green waste
tip
Water plant
building
Leachate
treatment
Non-putrescible
waste recycling
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Public recreation
- eg paintball,
adventure ropes courses, recreational track access, potential for Mini-Wheels
Training Club
Plant nursery
Water
recycling
Existing site
remediation
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Mile Trig (Unassigned)
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Previous
Public Uses
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Proposed
Public Uses
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Bushland
management
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Bushland management
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Telco Site
(UNASSIGNED)
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Previous Public Uses
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Proposed Public Uses
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Permissive
occupancy by Council until remediation completed
Permissive Occupancy PO 154760 Storage of Bulk Material
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Public
recreation
Bushland
management
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Options Paper and Draft Plan of Management Preferences for Each
Site
Ku-ring-gai Wildflower Garden
(KWG) Precinct
1. The Crown Land Reserve boundaries (R68222 Public Recreation,
R86262 Promotion of the study and the preservation of native flora and fauna,
R752017 Future Public Requirements) will be consolidated into a single reserve
trust. At the request of the NSW Land and Property Management Authority (now
the CLD) the gazetted Rules and Regulations of 08/03/1968 for the management of
R86262 under the Public Trusts Act 1897 will be updated to be consistent with
the Crown Lands Act 1989 and subsequent Regulations.
2. As Part of this boundary consolidation, a small portion (approx
8,000m2) at the rear of the existing Nursery Site (R81542 Reserve
for Recreation and Plantation) will be incorporated into the KWG.
3. The Closed Crown Road will be incorporated into the KWG as a
buffer to the adjoining Existing Nursery Site.
4. Investigation for control of dogs entering the KWG will be
undertaken to exclude dogs but allow access for hikers and cyclists through the
KWG from adjoining St Ives Showground and National Parks link tracks (such as
Harbour to Hawkesbury Walk).
5. The existing 2.23km Solander Trail bitumen roadway around the
KWG is proposed to be retained in its current condition, and disturbed bushland
and runoff creating weed plumes and erosion along the existing road corridor
will be ameliorated by a program of gradual improvements as funds permit.
6. The bitumen roadway will be continued through the high voltage
transmission easement where the carparks, currently gravel, will be formalised
and impacts reduced on adjoining bushland, to link with the adjoining Nursery
site and the Showground. This will allow a second entry and exit point to the
KWG and showground from Mona Vale Road.
7. The remaining walking tracks will be retained and upgraded as
required to be excellent examples of best environmental practice and to be
consistent with Australian Walking Track Standards. Tracks and their links will
be clearly signposted and interpreted. Mountain bike use will be restricted to
existing suitable fire trails only.
8. The small retail section of Council’s Community Nursery will be
relocated to the KWG together with a bush foods garden, where the promotion of
the study and the preservation of native flora and fauna educational activities
can be mutually supported. This would include an office space for the
Australian Plant Society, the retail nursery function and the AHO bush foods
education programs.
9. The existing house (currently used as an office) will be
extended to provide a purpose built Ku-ring-gai Environmental Education and
Cultural Centre containing theatrette and lecture/meeting room, Aboriginal and
heritage interpretive displays, exhibitions, visitor services, staff services
and administration offices for management of the whole Showground precinct and
education rooms, storage, kitchen/kiosk and amenities, all within the existing
secure compound area.
10. The Environmental Education and Cultural Centre will be a
demonstration of a 6 Green Star Sustainable Building which maximises light,
roof-mounted solar panels, natural ventilation, grey-water recycling, and
composting, including an organic garden and fauna program areas. There is parking
for approximately 60 cars.
11. The existing pavilion (with some minor repair and sensitive
upgrading work) will be Heritage listed as a Significant 1960s Sydney School
(Architect John Daubney) pavilion. It will cater for multi-purpose use as an
environmental education and events centre, for themed Eco functions, community
use, local history displays and provide a bush foods café/kiosk.
12. A new education annexe building for multi-purpose and community
use will be built on the adjacent existing cleared car park land and also be a
demonstration sustainable building. To be sympathetic to the existing pavilion
it is proposed the architect of the pavilion building be approached to prepare
concept plans and set contextual guidelines for design and construction.
13. Lamberts Clearing will be upgraded to cater for greater use
through the provision of power, improved group picnic facilities, and improved
playground facilities.
14. Picnic facilities generally in the KWG will be added to existing
cleared areas to cater for increased demand and the surrounding vegetation will
be protected similar to Lamberts Clearing.
15. Locations of rare plants have been identified and these areas
will be protected from damage and impacts. Location of these species is confidential
to ensure their protection.
16. If the Council Nursery function is closed down, a small
propagation and stock holding area could be located at the KWG to assist the
operation of the small retail nursery outlet at KWG.
Council Nursery Site
This area of Crown Reserve
(R81542) is currently under Council’s care control and management for
Recreation and Plantation. It is distant from adjoining residential neighbours
but easily accessible from Mona Vale Road. The site was previously used as a market
garden, and then Council depot with materials recycling and storage area, and
now council nursery with Council Operations storage area.
1. It is proposed to construct two full sized synthetic playing
fields, one field available for all-weather use and one field available for
all-weather hockey use. Currently there is one Council field available for
all-weather use in the Ku-ring-gai local government area (LGA), Charles Bean
Sportsfield at Lindfield, and one all-weather synthetic hockey field at Ku-ring-gai
Performing Arts High School, despite very strong demand for these facilities
from local football and hockey clubs. The synthetic field could also be used
for sports such as football (soccer), rugby, touch football, netball, and cross
training for a wide range of sports and activities.
These fields
will be lit for night-use purposes. There are approximately 60 parking spaces
dedicated to the fields with a link road to overflow parking for approximately
60 cars in the existing cleared area under the transmission lines at the
adjoining Ku-ring-gai Wildflower Garden.
The fields
will be set back from the existing site boundary with a managed buffer zone to
prevent any environmental impacts to the adjoining KWG land. The fields will be
used to treat and collect run-off water for re-use.
2. It is proposed to construct an indoor sports centre with minimum
four (4) timber floored multi-purpose courts, gymnasium, amenities and kiosk.
This site can also accommodate expansion for an additional two (2) timber floored
multi-purpose courts should demand require it. There is no indoor sports centre
for Ku-ring-gai residents in the LGA, and a demand has been recognised for this
facility in various studies undertaken by Council over the last ten years.
By using the existing slope of the land, the indoor sports
centre can provide up to 142 parking spaces beneath and be accessible. This
would be incorporated into the detailed design of the facility and would be
similar in scale to the indoor sports centre known as the Brick Pit at
Thornleigh.
3. The closed Crown Road will be incorporated into the KWG as a
buffer zone between KWG and the Nursery site.
4. The northern boundary of the site will be realigned to
incorporate the existing walking track/fire trail and head of Tree Fern Gully
Creek and associated important habitat into the KWG.
5. An internal roadway is proposed through areas of non-threatened
species or weedy bushland to connect the Nursery site, Ku-ring-gai Wildflower
Garden (KWG) and St Ives Showground. This road will be shared use for
circulation within the precinct and managed specifically during major events
for site parking.
Closure of current
nursery function
6. While the Options Paper proposes to relocate the Council Nursery
to the Green Waste Tip site, Council’s current position is that the nursery
function is no longer viable for Council and should be closed down. Instead
Council should operate the small retail nursery at the KWG along with a small
propagation and stock-holding area, also at the KWG. This reduced function for
the nursery could operate out of the existing Council Nursery site until an
appropriate area is identified at the KWG or until Council decides on the
future use of the existing Nursery site, whichever is the sooner.
Showground - Small Arena,
Mini-Wheels and Equestrian Precinct
1. The adopted Options Paper said that the Ku-ring-gai Mini-wheels
Training Club will remain on the Duffy’s Forest Endangered Ecological Community
(DFEEC) area at the Showground and a separate plan ‘Regeneration, drainage and
silt management and Review of Environmental Factors’ has been prepared to guide
the use of the area licensed to KMWTC. The Options Paper also noted that
restrictions to use will be rigorously enforced under the terms of their
licence, and that relocating this club was not supported by the community
consultation process because of noise impacts on the area surrounding the tip
site, particularly residents on the adjoining ridge in St Ives. Where remaining
areas of DFEC in the Mini-wheels lease area are in good condition, they will be
rehabilitated and regenerated under Recovery Plan principles. The Options Paper
also stated that the area will be further assessed when any lease is
renegotiated in the future.
Following a
recent review of the Mini Wheels site, Council does not believe the KMWTC has a
future at the site beyond its current lease period, which expires in March
2016. The reasons behind this position are explained below.
Mini Wheels Training Club Site –
recommendation against future licence renewal
In April this 2014 Council was
made aware of an illegal importation of 700 tonnes of clay fill at the Mini
Wheels site.
The soil was imported by the Mini
Wheels Training Club (the lessee) with the intention to address serious erosion
issues on the site and to camber tracks for safer riding.
The importation contravened the
Protection of the Environment Operations Act and several conditions within the
Licence agreement, including the Silt and Water Management Plan (SWMP) and the
environmental assessment, being a Review of Environmental Factors (REF)
required under the Environmental Planning and Assessment Act 1979
(EP&A Act) and Environmental Planning and Assessment Regulation 2000
(EP&A Regulation).
The lessee was ordered by Council
to make the area good through staged rehabilitation supervised by Council
staff. In October this year the site was reopened for use after inspection and
clearance.
The incident triggered fresh
discussion and debate as to the appropriateness of the activity at this site.
The Mini Wheels Licence was
renewed in 2011 for five years on the clear premise that the activity would not
cause damage to the Duffys Forest Endangered Ecological Community (DFEEC) which
occurs on site and is listed under Schedule 1 of the Threatened Species
Conservation Act 1995.
Whilst the mini wheels activity
has a long history at the showground pre-dating 1980, Council has the
responsibility to ensure compliance with all legislative and regulatory requirements
including any changes subsequent to original consent.
The DFEEC was listed by the NSW
Scientific Committee in 1998, with an update in 2008 further clarifying the
extent and composition of the community, including degraded patches. It is
estimated that only 15% of the original distribution of this community now
exists, and given its fragmentation, and numerous threats, the NSW Scientific
Committee is of the opinion that DFEEC is likely to become extinct in nature
unless the factors threatening its survival cease to operate. A draft DFEEC
Recovery Plan (2007) also obligates Council both under Chapter 6 the Local
Government Act 1993 and Part 4 of the NSW Threatened Species
Conservation Act 1995 to consider the conservation strategy outlined in the
recovery plan when exercising decision making functions under Parts 4 & 5
of the Environmental Protection &Assessment Act, 1979.
Coinciding with changes in
legislation, it was not until 2007 that Council adopted a methodology from the
State government to map threatened species. It took several years for on ground
validation to occur, with formal GIS vegetation mapping evolving around August
2010.
Whilst the structure of DFEEC is
low open woodland, it is the suite of plants that is very unique and directly
associated with rare lateritic soils composed of ancient weathered shales and
ironstone. Because the soils are rare and occur in a patch distribution, the
DFEEC occurs exclusively in these few areas. The scientific committee estimates
the original distribution of the DF community at 1450ha. Because the community
occurs on ridge tops and plateaus, suitable for development, there is only an
estimated 240ha left (15%). Approximately 15.5ha occurs in the Ku-ring-gai LGA,
representing 6% of the distribution. Of the 15.5 ha, 11 ha occur on Crown land
managed by Council and is largely represented at the St Ives Showground and
Wildflower Garden. This area is essentially a precinct of high biodiversity
which is listed in the draft DFEEC Recovery Plan as a priority site for
targeted urgent action.
In light of the historical use of
the site combined with new environmental legislation and mapping, when the Mini
Wheels lease was renewed, an adaptive management solution was adopted to allow
for the continuation of the activity through the development and implementation
of an SWMP in association with an REF to satisfy EP&A Act Part 5 assessment
legislative provisions.
Of critical importance is that the
Mini Wheels track occurs on a moderate slope, susceptible to erosion due to the
lack of vegetative cover. Coupled with wheel traction, loose sediment is
generated and transported from the activity into the adjoining bushland
occurring on the lower slopes. To intercept the sediment, small detention
basins were constructed below the track circuit. To obtain lease approval, the
SWMP and REF were based on an in-principle sustainability agreement that
sediment trapped in these basins would be re-used on the tracks for
re-surfacing, therefore negating the need for importing foreign material, hence
preserving the nature of rare DFEEC soils and vegetation.
This was a critical element in
Council’s decision to grant the lease.
The transportation of a large
quantity of soil in April 2014 for track raising and re-cambering was a significant
departure from the scope of the SWMP and REF and hence a breach of licence.
Unfortunately a complicating
factor at the Mini Wheels site is that the concept of recycling trapped
sediments for track re-surfacing comes with complications and shortcomings. The
dirt trapped in basins is essentially unusable as the clay fraction which gives
the soil its binding capacity has been dissolved out of aggregate, leaving
behind a structureless composite of fine silt and sand which turns to a dust
when applied and is quickly dispersed by both wind and water.
Furthermore, the basins on site
are too small to efficiently capture the sediment required and hence the net
loss of sediment is far greater than that detained. It is not feasible to
construct larger basins on site as this will entail the removal of more
vegetation and DFEEC.
In addition, the bushland below
the site is confidently predicted to regenerate to Coastal Upland Swamp,
another listed endangered ecological community listed in Schedule 1 of the Threated
Species Conservation Act, following ecological burning which is planned for in
the next few years by Council’s Operational staff.
To add to the physical and
biological stresses on the site, both Phytophthora cinnamomi and Pythium plant
pathogens have been positively diagnosed on the lower slopes of the facility.
These diseases are transported through soil and water vectors which are dynamic
components on site. Whilst Mini Wheels purportedly undertake hygiene protocols,
it is difficult to continually educate and transfer knowledge to a fluctuating
group with age participation turnover. As the site is also rented to other
interest groups, hygiene protocols become difficult to manage and the problem
can be reasoned uncontainable.
Whilst the SWMP delineates no-go
zones of intact good quality vegetation, the cumulative impact by Mini Wheels
and other rental users by virtue of function has and will continue to degrade
DFEEC.
In hindsight, if Council were to
re-assesses potential environmental impacts arising from activities, to satisfy
the duty under Section 111 of the EP&A Act and Clause 228 of the EP&A
Regulation, it would recommend not renewing the licence.
Obligations under threatened
species legislation, the Crown Lands Act 1989 and the Local
Government Act 1993 all align in charter, objectives and principles to
conserve biological diversity and promote ecologically sustainable development
through co-operative land management. Essentially the classification of
‘Endangered’ technically means that this plant community is in danger of
extinction and requires a legal framework for protection. These laws codify our
natural heritage values and environmental ethics.
Section 11 of the Crown Lands
Act 1989, states that the principles of Crown land
management are:
(a) that
environmental protection principles be observed in relation to the management
and administration of Crown land;
(b) that
the natural resources of Crown land (including water, soil, flora, fauna and
scenic quality) be conserved wherever possible;
(c) that
public use and enjoyment of appropriate Crown land be encouraged;
(d) that,
where appropriate, multiple use of Crown land be encouraged;
(e) that,
where appropriate, Crown land should be used and managed in such a way that
both the land and its resources are sustained in perpetuity, and
(f) that
Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in
the best interests of the State consistent with the above principles.
Council deems the Mini Wheels
facility positioned within a highly sensitive ecological area inappropriate and
does not support the renewal of a licence at this locality.
2. The recent unstructured approach to camping using a RV, large
tent or caravan is negatively impacting upon the environment, availability and
use of the Showground, and contributing little to the costs of operation and
maintenance.
3. There could be provision of approximately sustainable small
hiking tent camping platforms and basic shelter for overnight Harbour to
Hawkesbury walking track accommodation, with access to facilities at the
Grandstand. Fires would not be permitted and principles of Eco camping with
no-impact would be enforced.
4. The existing Ku-ring-gai Model Flying Club arena could be shared
with an area for a temporary stage or screen events such as concerts and/or
outdoor cinema. The Ku-ring-gai Model Flying Club needs level grass landing strips
in good condition to operate safely, so regular communication as well as
co-ordinated scheduling and restrictions for hiring will be negotiated between
hirers, Council and Ku-ring-gai Model Flying Club. The maintenance of the area
after events will directly link back to hiring costs and bonds to ensure good
grass cover.
5. The existing Ku-ring-gai Model Flying Club building could be
supplemented with additional storage space and consideration for toilets, in
character with its existing fabric, should funds permit.
6. A proposal was received during the community consultation
process for the Options Paper for an adventure ropes course to be accommodated
in the precinct and this has been included in the DPOM. This activity
especially caters for school groups from 10 – 17 years and will be busy during
weekly school hours. The operators require a cabin, access to a training area
the size of a tennis court and zip lines between trees. The environmental
impact of this activity is advised as low. It is proposed to consider this
activity located on the degraded Council materials stockpile area, enabling the
bushland which is not Duffy’s Forest to be used down the hillside facing the
nursery site. Further research would be undertaken prior any approval for this
activity, but CLD supports this activity and requested that Council consider
the inclusion of this activity. This would provide a much needed youth
recreation focus, as well as catering for all age groups. The adjacent car
parking will be formalised (37 spaces) with run-off impacts managed. Edge
impacts on the DFEEC would need to be controlled.
7. Existing picnic areas will be enhanced with additional shelters,
and random parking spaces will be formalised to reduce bushland encroachment
and damage. Road edges will be managed and controlled to reduce and prevent
run-off and erosion.
8. Northside Riding Club’s use of Princess Anne Equestrian area
remains and the arena could be improved by irrigation and drainage and control
of nutrient and run-off impacts on adjoining bushland. The fenced edges of
DFEEC will be continued where access control is needed.
9. The existing dressage area could be reconfigured to the correct
dimensions (60m x 20m) and the edge spaces retained as warm up areas. A
proposal to roof the arena, to be funded by the riding clubs, will require a
heritage impact assessment to be undertaken to consider the impact of such a
large structure on the heritage character and context of the site.
10. The heritage Horse Superintendent’s Office could be restored and
made available for community use. The stable building and horse wash areas
should also be retained.
11. The existing sediment basin should be cleaned out and maintained
to reduce run-off impacts into bushland. A track will generate from this area
running around the perimeter of the mini-wheels site and out to the lookout and
views, and link to the Nursery and KWG sites.
12. Camping is removed from this area thereby reducing potential
conflict between campers and horses and enabling additional areas to be
available for equine float and trailer parking in a more controlled manner.
Formalising parking for floats and trailers will be further investigated in
liaison with the riding clubs.
13. Camping is also removed from the area adjacent to Picnic Area 6
(playground and junior cycle track) and two large group picnic shelters
installed to cater for larger picnic groups. These areas will be available for
hire.
14. Agreed areas will be set aside for hitching horses to designated
posts. Unwanted compaction directly under trees will be remediated and these
areas removed from continual use. Management practices will be implemented for
manure and waste substances which will be composted for horticultural use off
site.
15. The main arena will continue to be used for equestrian and show
events similar to current bookings.
Showground - Main Arena,
Large Pavilions and Dog Club Precinct
1. The Jim Watson Arena (Main Arena) is recommended to be
remediated to eliminate the trotting track to expand the area available for use
and the arena surface will be improved with irrigation from recycled water and
drainage.
2. The Main Arena has a long history of multi-purpose use such as
sports, show events, equestrian events, dog off-leash area and other one-off
events permitted by Council, which will continue. Existing field floodlighting
needs to be improved to meet relevant Australian Standards.
3. The existing grandstand should be improved and extended within
its existing clearing, with sustainable design features and amenities/change
rooms to better address the arena and provide covered viewing of events. Roof
water could be collected and recycled.
4. The Louise Lennon Pavilion could be extended to provide two
flexible spaces. A Community Shed has been constructed adjacent to the Douglas
Pickering Pavilion. The DPOM will include ‘community use’ of the Shed at the
Showground site as requested by the LPMA in its letter supporting the DA
approval. All buildings could incorporate sustainable principles such as water
recycling tanks which will also serve to collect uncontrolled run-off which
would otherwise cause significant erosion. A dedicated hydrant for fire control
purposes should be located in this area, and water tanks fitted with
appropriate fire fighting connections.
5. A 6m wide perimeter road for shared use could be routed behind
the existing pavilion buildings through the existing degraded areas of Duffy’s
Forest Ecological Community. This road will act as a boundary control edge to
contain encroachment and run-off, as well as creating a bushfire asset
protection zone for pavilion buildings. Should this road be connected by a
tunnel under Mona Vale Road, the existing road that bisects the Dog Rings will
be closed to through traffic and fenced at the end to prevent dogs escaping
onto the road.
6. Existing male and female toilet blocks will be renovated to
sustainable and aesthetically improved standards and access upgraded.
7. Existing picnic areas could be enhanced with shelters in a range
of sizes and seating should be scattered in positions under shade trees.
8. Parking spaces which are currently used randomly will be
formalised to reduce compaction under existing trees, bushland encroachment and
damage. Road edges will be managed and controlled to reduce and prevent run-off
and erosion.
9. The Dog Rings and the Northern Suburbs Dog Training Club area
will be retained and nutrient and run-off impacts on adjoining bushland
remediated. The fenced edges to the DFEEC will be continued where access
control is needed.
10. The existing Canteen building will be conserved and could be
extended to provide a centralised accessible Visitor Services office. Site
Rangers will provide visitor information services, seasonal site information,
and administer events, regulatory duties and after hours security control.
11. The existing Northern Suburbs Agricultural and Horticultural
Society (NSAHS) show building will be conserved and retained for show purposes.
12. The existing degraded Flagpole area could be relocated adjacent
to the Army Relief Map which is being conserved and interpreted as a war time
Army relic of heritage significance.
13. The Rotary Kiosk could be paved outside to provide an improved
café and kiosk.
14. The open grassed areas used for markets and craft fairs etc. will
be improved and increased funded maintenance services will be considered.
Barrier fences should be removed and replaced with bollards (similar to
existing) to facilitate pedestrian circulation whilst preventing unwanted
vehicle access. Formal markers could be laid into the ground to facilitate
setting up of temporary stalls and entry points can be clearly identified and
turf resilience strategies incorporated to reduce wear and compaction. Flagpole
area removal will open up the link between the existing main hardstand area and
the grassed area thus improving access and circulation especially during wet
weather.
15. The main entry will be made more visible with rural styled
fencing and banner poles along Mona Vale Road leading to the entry, with
improved signage. Security gates will be installed to enable optional securing
of the site such as at night or during bushfire emergencies. Internally,
way-finding signage will be co-ordinated with promotional brochures and interpretive
elements to guide users around the site and inform them of events, points of
interest and items of heritage or natural significance. The gate pillars built
in 1960s from locally quarried stone will be retained.
16. The Ku-ring-gai & Warringah Radio Control Electric Car Club
area will be retained and erosion and run-off should be remediated.
17. Bar Building (Army Era Regimental Aid Post) of significant local
heritage value will be conserved and could be used as a Local Site History
Museum with interpretive displays, such as information and relics of show and
military history.
18. The Showground Caretaker’s Cottage could be fenced off and
screened from the public with an adjacent works compound and shed for machinery
and tools. Water storage tanks for irrigation of the main arena can also be
sited in this compound. Long term superseded stored items from Council
demolition such as fencing materials, light poles, play equipment and other
materials should be removed from site to an approved recycling facility.
19. The main parking area adjacent to the main entry will be
formalised for 140 cars with stands of DFEEC and laterite retained to encourage
regeneration. Run-off and erosion will be managed with a suitable natural
surface treatment.
HART and Green Waste Tip
Precinct
1. The land currently leased by Council and sub leased by HART will
be rationalised to include the areas R100219 (Licence 315729) and R752038 (Mile
Trig) all to be allocated to Council’s care control and management.
2. Trail Bike and 4WD track areas are still required by HART. HART
has a permissive occupancy licence over Lot 2842. Should the CLD determine to
consolidate these separate parcels of land under one reserve trust, which they
have proposed, this land will come under Council’s care, control and management
and it will be added to the area sub-leased by Council to Honda.
3. The unassigned Crown land adjacent to the south-eastern boundary
of the Green Waste Tip lands will be included together with the green waste tip
site under Council’s care, control and management as multi-purpose recreational
land for community use. This land will also act as a buffer zone to prevent
impacts on Garigal National Park.
4. The bushland areas with existing tracks may be made available
for negotiated use for mountain biking and possibly Mini-wheels ‘enduro’ events
through HART, who have indicated in writing:
“In
accordance with our lease requirements for 4WD and off-road bike training,
there are periods where the areas are not used and we agree we can negotiate
with the Mini-Wheels club, bike groups and/or Council or their potential use.”
5. The Green Waste Tip site has been allocated funding under the
Climate Change Fund from OEH to recycle green waste water into valuable water
for irrigation and nursery purposes. This project has been supported by CLD and
HART. Following adoption of the Options Paper, a tender was awarded for design,
construction and operation of the project, which has now been completed.
6. The differential settlement of the site, which is due to its
previous tip function, limits use of the land to purposes that can tolerate
land that is uneven and settling over time. Sports facilities relying on stable
surfaces such as playing fields are currently unsuitable for this area without
considerable expenditure. The tip site will be set aside for consideration for
future uses for recreation and leisure. The site is still being managed for
ongoing remediation by Council.
7. The Options Paper proposed to move Council’s Community Nursery
to the green waste tip site adjacent to the available water source to
facilitate efficient use of this resource. This relocation is no longer
proposed as the Council Nursery is now being considered for eventual closure
and a different reduced function at the KWG.
If the current nursery function was to be retained, relocation
to the Green Waste Site would include nursery propagation and wholesale
functions, including seed collection and storage for provenance stock supply,
production and holding nursery functions, material bays, glasshouses, shade
houses and administration functions and staff/community volunteer facilities
area.
If relocated to the Green Waste Site, the nursery could be
constructed to maximise environmental sustainability and recycling processes
and based on green design principles, in accordance with Council’s
Sustainability Plan.
8. Irrespective of the how the Green Waste Site is re-used in the
future, a right-of-way to use the existing vehicle access road through Garigal
National Park for controlled access to tip site and leachate pump house will be
negotiated as a shared permanent access road, for Council lease area users with
controlled gate use. The existing road which was to be removed at the cessation
of tip remediation works has now been classed as an essential fire trail
(Category 1) by Hornsby Ku-ring-gai Fire Control and will be retained. It is
maintained by Council and is in good condition.
9. Potential for an alternate second access road through south-west
boundary of HART is available if the existing National Parks and Wildlife
Service (NPWS) road is not available for future Council use. The NPWS access
road is, however, expected to be retained, as permanent access is required for
NPWS and transmission access for Energy Australia.
The existing road will continue to support cycle and walking
track links to the existing network of trails through Garigal National Park and
to Warringah Shire.
10. The tip site will continue to be maintained and rehabilitated and
environmental impacts monitored.
General Issues in the
Precinct
In arriving at the adopted
options for the sites presented in the DPOM, consideration was given to a range
of statutory requirements, demands and expectations (current and future), site
layout and configuration, heritage and environmental values of the site,
traffic and circulation, community consultation feedback and other issues. A
discussion on some of the key themes is presented below as they have provided
context and support for the adopted options in the DPOM.
Traffic and transport
As a consequence of increasing
population growth and demographic change, locally and regionally, the Plan of
Management proposes to expand the diversity of activities across the sites.
This will lead to an increase in user numbers and associated traffic and
transport requirements. To operate efficiently, sustainably and safely, an
increased demand for public transport will require negotiation on existing bus
routes (Forest Coach Lines) for bus services to service bus shelters outside
the Nursery/Green Waste Tip site and the Showground/HART site.
It is also recommended that the
existing Mona Vale Road speed limit of 90km/hr be discussed with Roads and
Maritime Services (RMS) to consider reduction to 70km/hr through the precinct
from the LGA boundary, a distance of 1200 metres. This will add approximately
15 seconds to the trip for the average car user and importantly ensure safer
road crossing for pedestrians, cyclists and vehicles.
RMS were approached during and
prior to the adoption of the Option Paper to consider the installation of
signalised traffic lights for pedestrian and vehicle crossing and have
indicated they favour traffic lights at two key locations – entry/exit to
Showground and HART and entry/exit to Richmond Avenue and the Ku-ring-gai
Wildflower Garden. The need for traffic lights was previously identified in the
adopted St Ives Showground Plan of Management 1999. The traffic lights would
only be supported by RMS if the increased use meets the warrants required by
RMS. Costs would be borne by Council. The high volumes of traffic associated
with the proposed indoor sports centre and sports field at the current nursery
site would be far more likely than any other activity proposed for the precinct
to ensure the traffic warrants are met.
A separate cycle track suitable
for use by all cyclists, including children, is proposed along the southern
boundary of Mona Vale Road along the existing cleared power easement within the
road reserve. This would connect from Richmond Road to the traffic lights at
the Showground/HART site to enable safer cycle crossings between St Ives and
the Showground precinct. Road cycling would still be available to experienced
riders as currently exists.
An internal sealed cycling
circuit road has been proposed to connect the precinct internally from the
nursery site to the showground. Drainage from this road will be managed and
treated to minimise inputs to local waterways. The cycle track on the northern
side of Mona Vale Road is approximately 3km long, none of which is in
Ku-ring-gai Wildflower Garden.
In the longer term, construction
of a crossing tunnel under the road between the Showground at the HART site for
pedestrian and cyclist use is proposed in the adopted Options Paper. Combined
with the HART road, using a tunnel under Mona Vale Road, the combined distance
of cycling tracks would be approximately 4.5km.
Walking track links will be
retained to and through the St Ives Showground precinct. This includes walking
tracks to Ku-ring-gai Chase National Park, Warringah Shire, Harbour to
Hawkesbury Walk, St Ives Chase, Garigal National Park, St Ives South, Cascades,
Belrose, and Middle Harbour.
Should traffic lights be
installed on Mona Vale Road, the existing Harbour to Hawkesbury walking track
could be re-routed from traversing suburban roads in St Ives to wholly within bushland
and along the shared cycle path to the Showground.
Heritage
Aboriginal Heritage
A review by the Aboriginal
Heritage Office (AHO) and other reports has not identified any Aboriginal
heritage items within the St Ives Showground and precinct (Aboriginal Sites
Management and the Aboriginal Potential Areas Reports). The reports were
written with the knowledge of all recorded site data from Office of Environment
& Heritage (OEH). It should be noted, however, that not all areas of
Ku-ring-gai Council have been subject to systematic survey and unrecorded sites
certainly would exist. Any proposed works within the precinct will consider
potential sites and areas as part of any approvals or development, in liaison
with the AHO.
Non-Aboriginal Heritage
At the Ordinary Meeting of
Council held on 1 December 2009, Council resolved to seek recognition of the
State Heritage Register or local listing in Schedule 7 of the Ku-ring-gai
Planning Scheme Ordinance (KPSO) for those buildings or built elements and their
curtilage assessed as having potential state or local cultural significance
within the St Ives Showground and the Ku-ring-gai Wildflower Garden. These
include:
1. Army Relief Map
2. Bar Building (Army Era Regimental Aid Post)
3. Canteen
4. Agricultural Show Office
5. Dog Shed B (Army Era Amenities Building)
6. Horse Superintendent’s Office
7. Sewer Treatment Facility
8. Concrete Slab 1
9. Concrete Slab 2
10. Concrete Slab (west horse wash)
11. Concrete Slab (east horse wash)
12. Grandstand – south
13. Grandstand – east
14. Broadcast Box
15. Stables
16. Sullage Treatment Tank
17. Ku-ring-gai Wildflower Garden Pavilion
Council commissioned curtilage
identification for these items and also a statement of significance for the
Ku-ring-gai Wildflower Pavilion. This was undertaken and the heritage report by
Philips Marler (2011) has been used as the basis for recommendations in the
DPOM. The report will also be used to list items on the State Heritage Register
or locally in Schedule 7 of the draft Ku-ring-gai LEP, currently with the
Minister awaiting gazettal. The Heritage listing will assist interpretation,
conservation and funding from the Capital Works Program and potential grants.
The adopted options paper (master plan) has identified the conservation and
re-use of the buildings.
The proposed heritage listings have been reviewed and it is
apparent they were inadvertently excluded from Council’s recent Draft
Ku-ring-gai Local Environmental Plan 2013. These potential heritage items
within this precinct are managed by Council and hence under no immediate
threat.
There are several other potential heritage items under Draft
KLEP 2013 that Council has deferred from a heritage listing for further
research prior to re-exhibition. The report on this matter will be made to
Council in early 2015. It is recommended that the proposed items within the St
Ives Show Ground and the Ku-ring-gai Wild flower garden be included in this
planning proposal.
The DPOM has identified the
conservation and possible re-use of the buildings as follows:
· the Bar Building is
proposed to be used for a local site museum and interpretive display;
· the Canteen will be used
as a visitor information centre and site office;
· the Agricultural Show
office will be retained for Northern Suburbs Agricultural & Horticultural
Society show use;
· Dog Shed B will be
retained in its current use;
· the Horse Superintendent’s
Office will be available for community use;
· the sullage building
will be interpreted as an item of interest; and
· the Ku-ring-gai
Wildflower Garden Pavilion will remain in public use and its listing will
inform future use and much needed conservation.
Other identified items will be
retained, conserved and interpreted as part of a heritage walk for the
precinct, including two farm dams which are relics of past market garden uses.
Crown Land
The DPOM proposes to amalgamate
various existing Crown Reserves into larger units under one Reserve Trust, as
requested by the Crown Lands Division. The benefits of this approach include:
· reserve land can be
assessed and managed in a holistic way, in consultation with the community,
rather than in isolation;
· the use and management
of the St Ives Showground and Precinct supports public requirements, and
increases capacity to direct resources where they are needed most;
· the land can be managed
responsibly for the environmental, social and economic needs of our community;
· changing needs for
recreation and community facilities caused by expanding population can be
accommodated while preserving natural and culturally significant areas;
· the precinct land will
be available for the enjoyment of both the existing community and visitors to
the area, enabling improved multiple uses and maximising public access and
elevating public awareness of the area;
· administration of
Reserve Trust funding and income requirements, leases and licences, can be
improved and has the potential for creating efficient management of the
Precinct between CLD and Council; and
· amending Trust gazettal
conditions to be in line with current legislation where they are made under
superseded Acts and are inconsistent, to be relevant and consistent.
The CLD has also raised the need
to consider opportunities for income generation and funding self-sufficiency as
part of the site planning and DPOM. It is expected that such initiatives would
need to have joint benefit to the Authority and Council.
Camping and Caravanning
Presently the permissibility of
camping and caravanning is limited under the Plan of Management as a licensed
activity for the purpose of supporting agricultural and other shows at the
site. The Draft Plan of Management (DPOM) and the RE1 zoning under the Draft
Ku-ring-gai LEP both permit camping and caravanning, subject to development
consent from the consent authority, i.e. Ku-ring-gai Council.
Caravan parks and camping
grounds which are advertised and used for general public caravan and camping
are also subject to approval under the Local Government Act 1993, and
must be in compliance with the Local Government (Manufactured Home Estates,
Caravan Parks, and Camping Grounds and Moveable Dwellings) Regulation 2005.
Development consent is required under part 4 of the EP&A Act 1979 and an
approval to operate must be consistent with the Regulation.
The establishment of a new
caravan park or camping ground on Crown Land requires the Authority’s consent
(land owners consent) which is subsequently submitted with the development
application. A business plan to demonstrate the facility viability and that it
can generate enough funds to operate at a profit, hence contributing funds back
for Showground maintenance.
The Crown Lands Act does allow
for the Trust Manager to grant temporary licences short-term and generally low
impact activities on the reserve without the Minister’s consent. The purposes
for temporary licences include camping using a tent, caravan or otherwise and
other short term activities such as filming, markets, sports and other uses.
However, the use of the reserve through these temporary licences should not
diminish the availability and use of the reserve for the purpose for which it
was set aside.
State Environmental Planning Policy No.21 – Caravan Parks
(SEPP 21) requires that “development for the purposes of a caravan park may be
carried out only with the development consent of the [local government]
Council”. Note that the definition of ‘caravan park’ includes a camping ground.
If a caravan park or camping ground is prohibited under another plan, for
example, a Council’s LEP, SEPP 21 does not change that position. That is not
the case under the RE1 zoning, which permits camping grounds and caravan parks.
integrated planning and reporting
Theme 3 - Places, spaces and
Infrastructure
P5 Heritage that is protected
and responsibly managed
P6 Enhancing recreation,
sporting and leisure facilities
P7 Enhancing community buildings
and facilities
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
Continue to provide quality open space, community and
recreational facilities that meet the needs of our community.
|
6.1.2 A program is being
implemented to improve existing recreation, sporting and leisure facilities
and facilitate the establishment of new facilities.
|
2013-14
P6.1.2 Complete Plan of
Management for the St Ives Showground and Precinct
Lands.
|
Governance Matters
In February 2014 the CLD wrote to Council and advised
Council to prepare the DPOM in accordance with the Local Government Act 1993
rather than the Crown Lands Act 1989. Under the Local Government Act 1993,
Section 38 Public Notice of draft Plans of Management:
(1) A council must give
public notice of a draft plan of management.
(2) The period of public
exhibition of the draft plan must be not less than 28 days.
(3) The
public notice must also specify a period of not less than 42 days after the
date on which the draft plan is placed on public exhibition during which
submissions may be made to the council.
(4) The
council must, in accordance with its notice, publicly exhibit the draft plan
together with any other matter which it considers appropriate or necessary to
better enable the draft plan and its implications to be understood.
Under the Local Government Act 1993, Section 40
Adoption of Plans of Management:
(1) After
considering all submissions received by it concerning the draft plan of
management, the council may decide to amend the draft plan or to adopt it
without amendment as the plan of management for the community land concerned.
(2) If the council decides
to amend the draft plan it must either:
(a) publicly
exhibit the amended draft plan in accordance with the provisions of this
Division relating to the public exhibition of draft plans, or
(b) if
it is of the opinion that the amendments are not substantial, adopt the amended
draft plan without public exhibition as the plan of management for the
community land concerned.
(2A) If a
council adopts an amended plan without public exhibition of the amended draft
plan, it must give public notice of that adoption, and of the terms of the
amended plan of management, as soon as practicable after the adoption.
Following public exhibition and consideration of any
submissions received a report will be brought back to Council for consideration
to final adoption of the Plan of Management.
Risk Management
Any risk management issues for the use of the St Ives
Showground and precinct lands will be identified and addressed in the various
development applications, environmental assessments, leases, licences and hire
agreements for each user group in the precinct.
Financial Considerations
The only costs to Council to place the Plan of Management
are advertising and printing costs during the public exhibition period.
A loan of $282,500 and grant of $67,500 has been awarded to
the St Ives Showground Reserve Trust by the Crown Lands Division Public Reserves
Management Fund Program in November 2014. This funding is for an upgrade of the
electricity supply, replacement and resurfacing of internal roads, repair and
refurbishment of heritage buildings and construction of disabled access toilet
facilities at the Showground.
It is recommended to approve the grant of $67,500 and the
loan of $282,500. The loan is repayable through 4 equal annual instalments of
principal, plus interest, at the rate of 3.5% per annum. The interest rate on
the loan may be changed periodically in line with market trend and Treasury
Corporation advice.
There is currently a total of $519,000 for St Ives
Showground works allocated in Council’s current budget and 2015/16 budget as
follows:
· 2014/15 - $205,000
· 2015/16 - $314,000
The project is fully funded from Council’s internal projects
reserve – Infrastructure and Facilities Reserve. If the loan of $282,500 was
approved, Council would repay it from this existing funding. The interest
rate on the loan is competitive and is lower than what Council is earning on
comparable deposits.
Social Considerations
The Draft Plan of Management
considers the principles of the management of Crown lands as outlined in the Crown
Lands Act 1989 which ensures that:
• enjoyment of Crown land is encouraged;
• natural resources are sustainably managed and the environment is
protected for future generations;
• land is used for multiple purposes; and
• Crown land is occupied, used, sold, leased, licensed or
otherwise dealt with in the best interests of the State and its people.
Environmental Considerations
The major environmental
consideration has been the presence of the Duffy’s Forest Endangered Ecological
Community on parts of the site. This has been identified as part of Council’s
vegetation mapping project that was adopted by in 2010 and updated in 2012.
This ecological community has a very restricted distribution, being found
primarily on relatively deep residual lateritic soils on ridges and plateaus
overlying Hawkesbury Sandstone. The associated soils are slightly more fertile
and have higher clay content than normal Hawkesbury Sandstone ridge top soils.
This laterite soil is now uncommon and should be preserved wherever possible.
The recognised core areas of the
DFEEC on the site have been identified for its long term survival. The primary
purpose of these core areas will be for conservation. It is envisaged access
would be restricted within these core areas to controlled and defined tracks as
part of ordinary use, and particular care would be necessary during recovery
periods after fire. In response the DPOM proposes to:
• Provide physical protection for DFEEC and other existing natural
vegetation on the St Ives Showground lands from encroachment, vehicles and
compaction, nutrients, weeds and rubbish, except in the Ku-ring-gai Mini-Wheels
Training Club (KMWTC) area which has been damaged over a long period of time. A
separate plan ‘Regeneration, drainage and silt management (10 Sept 2009) and
Review of Environmental Factors has been prepared to guide the use of the area
licensed to KMTWC.
• Improve habitat and actively encourage regeneration.
• Manage run-off and associated erosion within the catchment.
• Engage regular users in actively supporting environment and
conservation activities for their area or precinct.
• Assess existing vegetation and prioritise tree management and
needs in terms of hazard abatement and asset protection zones.
• Use educational opportunities to build the value placed on the
natural and built heritage of the precinct by regular and casual users.
• Recognise the active recreation role of the St Ives Showground
lands and the likelihood that formal and informal use will increase as the
population of Ku-ring-gai and Sydney increases.
The Threatened Species
Conservation Act 1995 and Regulations require Council to implement the
Duffy’s Forest Endangered Ecological Community Recovery Plan. Actions include:
· develop a community
education, awareness and involvement strategy to inform the community of the
conservation requirements and threats affecting this endangered ecological
community;
· co-ordinate recovery
program;
· update and maintain fire
management guidelines;
· develop Best Practice
Management Guidelines for DFEEC remnants;
· prepare and implement a
plan of management on public land;
· assess and manage the
impacts of horse riding and mountain bike activities (this would also extend to
Ku-ring-gai Mini Wheels Training Club);
· incorporate outcomes
from research into preparation and implementation of Best Practice Management
Guidelines;
· prioritise, cost and
implement threat management and ecological restoration works; and
· establish and implement
a threat management monitoring program.
The recovery plan management
strategies for all areas containing DFEEC will also maintain and improve
habitat to assist the retention of identified threatened wildlife species
including the Red-crowned Toadlet, Grey-headed Flying Fox, Heath Monitor,
Powerful Owl, Southern Brown Bandicoot, Giant Burrowing Frog, Regent
Honeyeater, Tiger Quoll and Glossy Black Cockatoo.
Community Consultation
Section 612 of the Local Government Act 1993 requires that Council give notice to the
public of at least 28 days with a further 14 days for public comment, and
consider any submissions before it can formally approve the plan. Due to the
Christmas holiday period it is also recommended that the 42 day period be
extended by a further 28 days.
Section 705 of the Act requires
that Council determine the manner with which it proposes to bring the matter
notified, to the attention of as many people in its area as possible. As part
of the exhibition period for the draft plan of management, an advertisement
inviting submissions and comment will be:
· placed in the local
newspaper circulated within the Ku-ring-gai local government area;
· incorporated within
Council’s website;
· made available at all
Council libraries;
· made available at
Customer Service, Level 4, Council Chambers;
· distributed to all known
user groups, lessees, and licensees; and
· mailed to property
owners adjacent to the site affected by this draft plan.
Internal Consultation
The relevant Council officers from Community, Corporate,
Operations and Strategy and Environment have been consulted during the preparation
of the St Ives Showground and Precinct Lands Draft Plan of Management.
Summary
The DPOM has proposed a number
of major changes to the sites in the precinct, reflecting the needs of current
and future users, in accordance with most of the adopted Options Paper for the
sites. The DPOM has accommodated all existing uses, other than not supporting
the future use of the Ku-ring-gai Mini Wheels Training Club beyond their
current lease, which expires in March 2016, and the eventual closure of the Ku-ring-gai
Community Nursery and opening of the Council retail nursery at the Ku-ring-gai
Wildflower Garden. Importantly the DPOM identifies areas for increased
diversity and intensity of use within the environmental constraints of the site
and surrounding bushland.
The proposals for the precinct
in the DPOM are summarised below. These are in accordance with the adopted 2010
Options Paper for the Precinct, apart from where otherwise explained below for
the Mini Wheels and Nursery sites.
Ku-ring-gai Wildflower Garden
The existing house (currently
used as an office) will be extended and upgraded to a 6 green star sustainable
environmental education and cultural centre. This would complement the existing
activities at the site and also provide a new area for local tourism
initiatives and for other community uses. A new education annexe building is
also proposed near the current pavilion, designed in sympathetic context. A
retail outlet for Council’s nursery can be located adjacent to the existing
Australia Native Plant Society greenhouse and a bush foods garden and
interpretive and education area can be included.
Council Nursery Site
An indoor sports centre is
permitted to be constructed (subject to development consent) to accommodate
four multi-purpose courts (with an optional extension of another two courts)
with underground parking. Adjacent to this would be two synthetic playing
fields; one dedicated to hockey the other a multi-use surface. An internal
roadway would be built connecting the Ku-ring-gai Wildflower Garden, existing
nursery site and the Showground. This roadway would be linked to the
construction of traffic lights on Mona Vale Road the showground to enable safer
egress and ingress to the sites.
Under the RE1 Recreation zoning,
Council would also have the ability to use the Nursery site for other purposes
that are permitted under the zoning, such as camping and caravanning.
St Ives Showground
The Ku-ring-gai Mini-wheels
Training Club will not be supported for lease renewal at their existing site
when it expires in March 2014 due to longstanding and ongoing environmental
damage in Duffy’s Forest Endangered Ecological Community.
A small number of small hiking
tent platform sites could be included near the lookout on the western side of
the Mini Wheels site and linked to walking tracks.
An adventure ropes course and a
zip line course could be considered in a location adjacent to the model
aeroplane arena and linking downhill to the existing nursery site or within
other suitable areas of the precinct. The balance of this site containing
Duffy’s Forest Ecological Community would be rehabilitated.
The existing Ku-ring-gai Model
Flying Club arena would enable shared use for events such as concerts and
outdoor cinema. The dressage area would be reconfigured to the appropriate
standard and roofed, should heritage impact be minimal, providing a supporting
facility to the Princes Anne Equestrian Arena. The adjacent heritage building
would be restored to support multiple uses.
The trotting track would be
removed from the main arena as part of a general upgrade to the playing surface
that will also accommodate improvements to lighting and an irrigation system
from the recycled and treated leachate of the green waste tip. The grandstand
would be extended and improvements would be made to the amenities facilities.
The Louise Lennon Pavilion would
be extended and a new pavilion built adjacent to the Douglas Pickering Pavilion
for the Men’s shed (construction of the Shed was completed January 2011).
Across the site, the DPOM also
permits and proposes general improvements to be made to amenities and other
buildings, new picnic areas installed and a 6m perimeter road constructed to
support vehicle movement and to help with asset protection. The entrance to the
site will be improved to be more visible and an internal link road will connect
with the main parking area providing for 140 vehicles. This will allow for
improvements to the small remnant stands of Duffy’s Forest.
HART and Green Waste Tip
sites
A commercial paintball centre or
other recreational activity permitted under the RE1 Recreation zone could be
permitted on the site. It is also proposed to consult with HART to permit
occasional use of all bushland track areas for mountain bike and Mini-wheels
endure events.
The main site access would
continue to be via a right-of-way though the National Park from Mona Vale
Road. A second entry point is proposed along the south-west boundary of the
HART site, if necessary. Important to note is that the proposed access paths
will not impact on HART operations.
Summary
The Draft Plan of Management
considers the principles of the management of Crown lands as outlined in the
Crown Lands Act 1989 which ensures that:
• enjoyment of Crown land is encouraged;
• natural resources are sustainably managed and the environment is
protected for future generations;
• land is used for multiple purposes; and
• Crown land is occupied, used, sold, leased, licensed or
otherwise dealt with in the best interests of the State and its people.
Any commercial activities, whether or not specifically
listed in the DPOM, will need to reflect the intent of the public purpose – for
example commercial uses might include fitness classes, recreational equipment
hire, paintball, adventure ropes, and zip lines. These recreational activities
would be subject to specific approval or leasing and licensing by Council,
similar to that currently held by Ku-ring-gai Mini Wheels Training Club,
Ku-ring-gai Model Flying Club, Northside Riding Club, Northern Suburbs Dog
Training Club, and Northern Suburbs Agricultural & Horticultural Society
etc.
Use of the reserve for any activities is subject to
application and approval. Assessment will need to consider reserve zonings,
and compliance with reserve objectives and relationship to other reserve uses
and values, as well as impacts on these.
Other commercial uses that do
not comply with the plan of management or the zoning of the land under
Council’s Principal LEP, and the Crown Land purposes for each precinct, would
not be considered.
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Recommendation:
A. That the Draft St Ives Showground and Precinct
Lands Plan of Management be placed on public exhibition for 10 weeks, which
includes the minimum period of 28 days with a further 14 days for public
comment, in accordance with the requirements of the Local Government
Act 1993, plus a further 28 days due to the Christmas holiday period.
B. That the General Manager be authorised to make
editorial changes to the Draft St Ives Showground and Precinct Lands Plan of
Management (Attachment A1) to reflect the contents of this Council Report, as
well as minor editorial and formatting amendments, prior to it being placed
on public exhibition.
C. That a further report be presented to Council
following the public consultation process, incorporating comments received
during the public exhibition period.
D. That
Council accepts grant funding of $67,500 and approves borrowing of $282,500
from the Crown Land Funding Programs, NSW Department of Trade and Investment
as outlined in the Financial Considerations section of the report.
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Roger Faulkner
Team Leader Sport & Recreation Planning
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Ian Dreghorn
Manager Strategic Projects
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Andrew Watson
Director Strategy & Environment
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Attachments:
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A1View
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Draft
St Ives Showground and Precinct Lands Plan of Management
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2014/288372
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APPENDIX
No: 1 - Draft
St Ives Showground and Precinct Lands Plan of Management
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Item No: GB.10
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Ordinary
Meeting of Council - 25 November 2014
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GB.11 / 652
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Item
GB.11
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S09990
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17 November 2014
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Draft Roseville Park Landscape Master
Plan for Public Exhibition
EXECUTIVE
SUMMARY
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purpose of report:
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To seek Council's approval to place the draft
Roseville Park Landscape Master Plan on public exhibition.
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background:
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The Roseville Park Landscape Master Plan was listed
for preparation in Council’s Delivery Program and Operation Plan in 2013/14.
External consultants, Environmental Partnership, were engaged in March 2014
to commence preparation of the draft Master Plan.
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comments:
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The Draft Roseville Park Landscape Master Plan has
been developed with community input to provide a vision for the park to guide
future use and development over the next ten years. This plan is intended to
allow Council to carry out staged improvements as funding becomes available.
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recommendation:
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That Council place the Draft Roseville Park Landscape
Master Plan on public exhibition, and that a report be brought back to
Council following public exhibition to consider submissions received during
the exhibition period and formally adopt the Landscape Master Plan.
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Purpose of Report
To seek Council's approval to place the draft Roseville Park
Landscape Master Plan on public exhibition.
Background
The draft Roseville Park Landscape Master Plan is the
seventh district park master plan to be undertaken since Council resolved in
2006 to progressively prepare master plans for all 15 of Council’s district
parks. The six district master plans adopted to date include Sir David Martin
Reserve, The Swain Gardens, and Turramurra Memorial Park and Karuah Park, St
Ives Village Green, Golden Jubilee Field and Wahroonga Park.
The Roseville Park Landscape Master Plan was listed for
preparation in Council’s Delivery Program and Operation Plan in 2013/14.
External consultants, Environmental Partnership, were engaged in March 2014 to
commence preparation of the draft Master Plan.
Comments
Council’s consultants prepared a
preliminary Draft Roseville Park Master Plan in consultation with Council
officers. This preliminary draft was used for community consultation purposes,
with feedback to inform the preparation of the Draft Roseville Park Landscape
Master Plan for public exhibition.
The Draft Roseville Park
Landscape Master Plan is Attachment A1.
The Roseville Park Master Plan
Issues and Opportunities is Attachment A2.
Draft Roseville Park Landscape
Master Plan precedent images is Attachment A3.
The community consultation
process included:
· a community information
evening held at Council Chambers on Thursday 22 May 2014;
· a community information
open day held at Roseville Park on Saturday 24 May 2014 ;
· an online forum and
survey from 22 May to 30 September; and
· written submissions.
Community information night
summary of points discussed
A community information night
was held on the 22 May 2014 at the Council Chambers. The meeting was attended
by 8 community members. The project team outlined:
· a review of the park
landscape;
· summary of key issues;
and
· preliminary master plan
ideas.
Key points raised are as
follows:
· parking can be an issue
in peak times, and crossing of the carpark can be a safety issue;
· drop off in carpark is
problematic;
· existing change sheds
are in poor condition and are too small;
· cricket nets are well
used by children from locally and further afield;
· pedestrian access to the
park from Cranbrook Ave is poor;
· the tennis courts are
the heart of the park;
· could the tennis court
building be rebuilt in the same location;
· benefits of shared use
in one building are acknowledged but by having two buildings they can each be
smaller;
· tennis users believe
shared use is not positive for their purposes;
· dog use creates high
impact – is rotation of areas an option;
· could dog area be
astro-turfed;
· tennis courts used by
380 children per week; and
· an outdoor fitness area
would be well used.
Park open day 24 May 2014
summary of points discussed
A community information open day
held at Roseville Park on Saturday 24 May 2014.
Key points raised are as
follows:
· Support for kids
playground expansion. Would prefer adjoining the existing site. Huge demand at
the moment - definitely needs expanding. Look at Willoughby Park for a good
example. Needs more seating.
· Not fussed about the
orchard. Likes that there is a good variety of trees. Thought that rest of plan
was good.
· Better to have both
playgrounds together if you have children across a couple of age groups. Some
benefit of providing play on adjoining field.
· Play at King St East
Lakes is good example of play for older age group. Could you do more with the
off leash dog area space for play (safety of road / car park and least impact
place for dogs). New building should have heritage sympathetic character.
· A building in centre of
park blocks views. Do something with existing building. Use corner site - end
of Marjorie Street as location for building? Discussed that building could be
better designed compared to existing - less visual impact.
· Important to have open
space at Marjorie Street. Dog off leash occupies a large level usable area -
could it be better used for something else?
· Potential to move dog
off leash closer to Clanville Street.
· Two playgrounds side by
side in ex off leash dog area perhaps.
· Possible building at
Marjorie Street - bit tight and can it adequately provide access to tennis
courts (probably).
· Marjorie Street location
has better service vehicle access.
· Marjorie Street location
much more intrusive for nearby residents.
· Cricket nets could
remain in current location if building at Marjorie.
· Alternative location for
cricket nets not ideal.
· Concern re safety of
cricket nets. Also some balls from field hit tennis area and other park areas
including residences.
· Shared amenities
building needs to be located with proximity to the tennis courts (and other
facilities).
· Concern re nature of a
shared building. Conflict between users e.g. football and tennis.
· Profanities, drinking,
not wanting to leave.
· Concern that plans are
pushing park towards being a 'Sports Centre'.
· Prefer to rebuild tennis
building in existing location and refurbish existing soccer building.
· Others can see the point
in having one building and sharing.
· Visiting teams in other
sports (not tennis) may not respect facilities.
· Tennis facilities are on
council land. It's not a private club. Needs to be a shared facility.
· Council needs to spend
the money conservatively. Will probably need to pool funding from all sports.
· Concern that the
proposed building footprint might be too small for all sports.
· Roseville tennis has a
long history at the site.
· Building in central
location responds well to the different sporting uses on each side of the
building. Could have separate entrances and facilities under the one roof.
· Sharing from a cricket
point of view relates to sharing of power, services, etc.
· Local Scout group leader
has made a submission to Council re getting a better facility for scouts.
Typically the halls are not in the best condition but are also used by a
variety of other groups. Would like to locate a new Scout Hall adjoining e.g.
area and could give up spaces in other areas. It was noted that master plan
deals mostly with existing uses.
· Concern re another use
that may be used for parties etc. at night.
· Most Scout Halls are
typically in isolated areas - and that is typically as it should be. Shared
amenities won't be big enough for scout use.
· Local residents
concerned about 11pm use of restaurant and that parties may be permitted in the
multi-use building.
· Any multi- purpose
building would not be a licensed venue and that the roadway would be for
Council service vehicle access.
· Essential improvements.
a) tennis building b) cricket nets c) kids playground upgrades - even consider
removal dog off leash area.
· Maintain the status quo
is preferable.
· Could have dog off leash
on the oval (Council explained that had been the case previously but it's an
issue with Council maintenance and staff issues / OHS) – especially a problem
with Turf wickets which are worked on even outside of the official cricket
season.
· Where will the money
come from - will there be a special rate levy as with Pymble Aquatic Centre?
(Council pointed out that at the moment there is no funding and there was not a
levy for the Aquatic Centre). So therefore new works should be minimal and cost
effective - such as the proposed central shared building.
· Concern re visual
appearance of the building in the central location.
· Council explained that
rebuilding the tennis building in former location would be difficult because of
the heritage implications of the Firs Cottage curtilage.
· Main issues again
reinforced as tennis club house and playground.
· Overall design of paths
etc. is supported.
At the end of the session
Council officers and the consultants explained the program for the remainder of
the study. Encouraged those present to make a formal submission to Council via
the website.
On line forum and written
responses
Full details for the online
forum and written response are provided in Attachment A4.
The on line forum identified the
following from the 79 responses received:
· Most respondents came
from the immediate neighbourhood of the park
· There is an even mix of
use between the weekdays and weekends
· Most users visit the
park multiple times during the week
· Most users walk to the
park (65%) while 35% drive to the park
· Walking and informal
play the most popular uses although uses are diverse across the range of park
facilities
· Most important
considerations for the park suggested to be toilets, grassed areas and
cleanliness
· The most liked
characteristics were gardens and trees and the diversity of facilities
· Least like
characteristics were the toilets, the lack of tennis club house, and the
quality of the playground facilities
Tennis Pavilion
One of the key points of
discussion during the consultations was finding a location for the tennis club
pavilion to replace the old pavilion which was demolished earlier this year,
after being severely damaged by a fallen tree and asbestos being found in the
building materials.
Following discussion with user
groups and the community, the master plan recommends building the new pavilion
in a more central location in the park, between the tennis courts and the oval.
As the old pavilion was located within the heritage listed curtilage of Firs
Estate Cottage, the adopted Conservation Management Plan requires any new
pavilion within the curtilage to be constructed in the same materials and
sympathetic style as Firs Estate Cottage. This would make the costs to rebuild
the pavilion very expensive.
The old pavilion location within
the heritage curtilage will now be used as a BBQ and picnic area for the
adjacent playground with a lightweight shelter to match the other shelters on
the southern side of the tennis courts.
The new pavilion will replicate
the general size of the old pavilion, approximately 9m x 9m, and contain a
toilet, kitchenette, storage and small meeting room. It is also envisaged that
it will have a wrap-around verandah for viewing activities on the tennis courts
and the oval. It will be single storey and use visually transparent
construction materials to minimise its impact on the surrounding parkland. It
is in a more central location for viewing all of the tennis courts, rather than
being at one end of the courts like the old pavilion.
The primary users of the
facility will be the local tennis club and some of the regular tennis coaches
at Roseville Park. It will also be available for other community groups to
hire.
integrated planning and reporting
Theme 3 - Places, spaces and
Infrastructure
P5 Heritage that is protected
and responsibly managed
P6 Enhancing recreation,
sporting and leisure facilities
P7 Enhancing community buildings
and facilities
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Community Strategic Plan Long Term Objective
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Delivery Program
Term Achievement
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Operational Plan
Task
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Continue to provide quality open space, community and
recreational facilities that meet the needs of our community.
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6.1.2 A program is being
implemented to improve existing recreation, sporting and leisure facilities
and facilitate the establishment of new facilities.
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2013-14
P6.1.2 Prepare district park
master plan for Roseville Park, Clanville Road
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Governance Matters
As this project is a landscape master plan rather than a
plan of management, Council is not required to place the draft on public
exhibition. However, when Council commenced the process of preparing master
plans for each of its 15 district parks it adopted the same consultation and
exhibition process that is used for plans of management under the NSW Local
Government Act. Hence the recommendation to place the Draft Roseville Park
Landscape Master plan on public exhibition for 10 weeks, which includes the
minimum period of 28 days with a further 14 days for public comment, plus a further
28 days due to the Christmas holiday period.
Risk Management
There are no risk management concerns at this stage of the
project.
Financial Considerations
The only costs to Council to place the Draft Master Plan are
advertising and printing costs during the public exhibition period.
The strategies and actions listed in the Draft Master Plan
are unfunded at this stage.
Social Considerations
The Draft Landscape Master Plan
aims to:
• Incorporate elements that are important to the community and
user groups;
• balance the concerns of residents and community groups;
• provide a holistic approach to design that allows for
improvements to occur in stages as funding becomes available.
Accessibility issues around the park are identified for improvement.
Environmental Considerations
The Draft Landscape Master Plan
aims to integrate sustainability principles into the park design.
Stormwater drainage and erosion
in the car park area of the park are identified for improvement.
Tree planting around the park is
one of the Draft Master Plan actions.
Community Consultation
As stated in the comments section of the report, extensive
community consultation was undertaken at the preliminary draft stage to help
the consultants and Council prepare the Draft Roseville Park Landscape Master
Plan.
Internal Consultation
Relevant Council officers from Community, Operations and
Strategy and Environment have been consulted during the preparation of the Draft
Roseville Park Landscape Master Plan. Each of these departments is represented
on the Project Co-ordination Group (PCG).
Summary
The Roseville Park Landscape Master Plan was listed for
preparation in Council’s Delivery Program and Operation Plan in 2013/14.
External consultants, Environmental Partnership, were engaged in March 2014 to
commence preparation of the draft Master Plan.
The Draft Roseville Park Landscape Master Plan has been
developed with community input to provide a vision for the park to guide future
use and development over the next ten years. This plan is intended to allow
Council to carry out staged improvements as funding becomes available.
The next stage in the project is to place the draft Master
Plan on public exhibition and invite comments from the community.
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Recommendation:
A. That
Council place the Draft Roseville Park Landscape Master Plan on public
exhibition for 10 weeks, which includes the minimum period of 28 days with a
further 14 days for public comment plus a further 28 days due to the
Christmas holiday period.
B. That
Council publicly advertise the public exhibition to the wider community and
inform all individuals, community groups, sporting clubs and stakeholders who
participated in the consultation process of the public exhibition of the
Draft Landscape Master Plan.
C. That
a report be brought back to Council following the period of public exhibition
to consider submissions received during the exhibition period and formally adopt
the Roseville Park Landscape Master Plan.
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Roger Faulkner
Team Leader Sport & Recreation Planning
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Andrew Watson
Director Strategy & Environment
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Attachments:
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A1View
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Draft
Roseville Park Landscape Masterplan
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2014/288169
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A2View
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Issues
and Opportunities - Draft Roseville Park Landscape Masterplan
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2014/288170
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A3View
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Precedent
Images - Draft Roseville Park Landscape Masterplan
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2014/288171
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A4View
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On-line
forum and written responses
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2014/289555
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APPENDIX
No: 1 - Draft
Roseville Park Landscape Masterplan
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Item No: GB.11
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APPENDIX No: 2 - Issues
and Opportunities - Draft Roseville Park Landscape Masterplan
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Item No: GB.11
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APPENDIX No: 3 - Precedent
Images - Draft Roseville Park Landscape Masterplan
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Item No: GB.11
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APPENDIX No: 4 - On-line
forum and written responses
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Item No: GB.11
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On line forum and written responses -
Roseville Park user survey – May to September 2014
Community Questionnaire
Responses
- 79 online web based
submissions
1. How often do you visit
the park?
Several times
a week 38
Every day 20
About once a
week 18
About once a
month 3
About 2-6
times a year 0
About once a
year 0
Never 0
Would visit
more if better facilities 0
2. When do you visit the park?
Weekdays 67
Weekends 60
Public
holidays 21
Evening Use 15
Afternoon Use
15
Special events
3
3. Where do you live?
Post code 2069
56
Post code 2070
13
Post code 2071
2
Post code 2075
2
Post code 2062
1
Post code 2076
1
Post code 2068
1
Post code 2099
1
4. How do you get to the
park?
Walk 62
Car 35
Bicycle 3
Bus 0
Train 0
Motor bike 0
Other 0
5. Which of the following best describes the type of group you are
in when you visit the park?
With family 59
With friends
30
Alone 24
Part of a club
or organisation 18
Part of a
school group 1
Other
- With dog 2
- Fitness
training group 1
6. What activities do you
& your family usually do in the park?
Walking 42
Informal play
34
Formal
playground 29
Jogging 27
Tennis social
25
Walking the
dog 22
Passing
through 21
Tennis lessons
/ competition 19
Using
multi-purpose courts 18
Picnic/barbecue
17
Football games
16
Cricket
training 16
Lunch 14
Bike riding 12
Cricket games
11
Football
training 9
Organised club
activity 5
School sport 2
Other
- Birthday
parties 1
- Tai chi 1
- Exercise 1
7. What facilities and
features are important for the park?
Toilets 66
Grassed areas
65
Cleanliness /
lack of litter 62
Shade trees 56
Playground 55
Tennis courts
55
Sports fields
55
Picnic tables/
Seating 48
Shelter (from
rain/shade) 44
Gardens 38
Heritage
Buildings 35
Dog off leash
areas 32
Amenities / sport
club rooms 31
BBQs 31
Basketball /
multi-purpose court 29
Walking paths
25
Cycle paths 22
Paths links to
adjoining areas 22
Events held in
the park 12
Proximity to
public transport 11
Information
about the reserve 4
Other
- Cricket net
2
- Café with good
coffee 2
- Wheel chair
access 1
- Memorial
garden for old postie 1
- Bubblers 1
- Safe
pedestrian access 1
- Parking 1
8. What do you like about
the park currently?
- Garden and
trees / landscaping 19
- Tennis
courts 14
- Open space
13
- Playground 13
- Dog off
leash area 12
- Social
meeting place / community hub 11
- Cricket
fields 11
- Grassed Oval
10
- Catering for
a wide range of park users / multi-purposes 7
- Shaded areas
7
- Variety of
sport facilities 7
- Parking
amenity 7
- Soccer
fields 7
- Not over
developed / commercialised 6
- Well
maintained 5
- Good
amenities and encourage outdoor activities 5
- Park
proximity 4
- Basketball /
multi-purpose courts 4
- Coffee shop
4
- Access to
park 3
- Heritage
buildings 2
- Informal
play 2
- Picnic area
2
- Restaurant 2
- Cottages 2
- Spectator
seating area 1
- Away from
noise and traffic 1
- Drinking
water fountains 1
- Covered
seating areas 1
9. What don’t you like
about the park currently?
- Toilets –
need upgrades 15
- No club
house – should be rebuilt 14
- Children
play ground area is inadequate 13
- Cricket net
& facilities are in poor conditions 8
- Lack of
picnic / bbq areas 6
- Lack of
cycle path through park 5
- Off leash
dog area 5
- Café is
formal and expensive , not family friendly 4
- Portable
buildings and toilets 4
- Dog walker
using the oval rather and dog park 3
- Parking is
poorly designed 3
- Lack of
shelters 3
- Inadequate
seatings 3
- Access is
unsafe at Clanville Road 3
- Lack of
wheel chair access 2
- Bathroom
facilities not always available 2
- Lack of
children cycle path 2
- Parking
become inadequate with increased park users 2
- Online
tennis caravan is an eyesore 2
- Sport
amenities require upgrades 2
- Land behind
the restaurant towards Clanville Rd is a wasted space 2
- Lack of
lighting amenities 2
- Lack of path
access through park, oval 1
- no permanent
fitness station 1
-
Commercialisation of public space 1
- Café service
driveway 1
- Eastern and
western fencing to oval need to be higher 1
- Access
pressure at Cranbrook and Marjorie 1
- Dog off
leash area been used by professional dog walkers 1
- Small change
rooms 1
- No recycling
bins 1
- Oval chain
link fencing require upgrades 1
- Oval
dressing room need to be rebuilt 1
- No small
seating stadium 1
- No drinking
bubblers near cricket 1
- No safety
road crossings 1
- Amenities
block is in poor repair, no canteen & lack of storage 1
- Parking
congestion along Cranbrook Avenue 1
- Lack of park
amenities, eg water fountains, bins 1
- The cricket
nets are fenced off 1
- Lack of
fitness / exercise area 1
- Tennis court
uncovered drain 1
- Oval is used
by school and sporting groups, difficult for residents to use 1
- Graffiti 1
- Uneven
ground 1
- No fence
along Clanville Rd to prevent runaway balls 1
- Tennis court lightings are very
bright 1
Additional Comments
The following are a compilation
of additional comments received through the on line forum and in writing from
members of the community. These are grouped thematically following. The number
of times an issue was raised is noted in brackets.
Access
· Lack of walking paths
around / through park & oval. (3)
· Lack of wheelchair
access, especially when approaching the park (1)
· Lack of walking cycling
paths dedicated cycling areas should be established (1)
· Traffic accessed of
Chelmsford should be considered (1)
· Concept has too much
hard surfacing of paths and pavements (1)
Park Character
· Maximize green space (1)
· New buildings should not
intrude on park character – low key and single storey (1)
Parking
/ traffic
· Parking
and traffic movement space Inadequate at peak periods. (1)
· No
need for extra parking (1)
Play
· Childrens
bike track (5)
· Upgrade
to playground to include older children (3)
· Upgrade existing
playground for younger children (2)
· Suggestion of a high
backed swing for use by people with disabilities (1)
· Childrens playground
over crowded on weekends, older kids play should be reviewed, climbing
structure adjacent (1)
· Additional playground
adjoining Chelmsford poor idea – too isolated and close to toilets (1)
Café
· it's a shame that the
cafe / restaurant is so formal and expensive. It would be nice if it was more
family friendly and had a better range of cheaper meal / snack options (1)
Fitness equipment
· Opportunity to install
permanent fitness equipment stations. (4)
Dog use
· Dogs owners using oval
and not dog park (1)
· Construction of sturdy
gardens with paths throughout the area. (1)
· Reduce the tree cover to
allow grass to grow. (1)
· Turf with shade
resistant grass and water regularly with recycled water. (1)
· Relocate to a less shady
more open area of the park. Other off leash areas do not have this problem as
they are larger and have less tree cover. (1)
· Relocate to Clanville
Road end (1)
· Relocate to behind Cricket
Nets (1)
Fencing
· Fencing should be review
to stop high balls ie cricket football etc (1)
· Enclosed fence along
Clanville Road (1)
Facilities
· More bubblers to reduce
waste after sporting events (2)
· More BBQ and picnic
facilities (2)
· Upgrade cricket nets (1)
· Concern about impact of
bleacher seating (1)
Amenities Building
· Upgrade existing toilet
amenities facility (7)
· Tennis clubhouse
returned and temporary building removed (6)
· Community facility at
the toilet block for Tennis, toilets, yoga etc (1)
· Tennis building should
be same size as old building (1)
· Any need for extra
storage should be catered for at existing building (1)
Sports fields
· Upgrade Cricket oval and
facilities (3)
· Upgrade cricket nets (2)
Key
Conclusions from Community Consultations
From the
consultations undertaken through the Park Open Day and the receipt of written
submissions some conclusions can be drawn that can inform the way forward for
Council. These are summarized following:
Access
· Improvement of disabled
access into the park is important both for elderly and disabled users
· Enhancement of path
access is supported however this should have regard for not impinging on the
green / garden character of the park
· Provision of a path loop
that can act as a children’s cycle path would be popular
Park Character
· Avoid over development
of new paths that impacts on park character
· Any new buildings should
not intrude on park character – low key and single storey
Parking / traffic
· Enhancement of the
existing parking area to improve usability and safety was supported – however
the respondents were not overly supportive of additional parking to Marjorie
Street
Play
· Provision of children’s
bike loop was highly popular
· Extension / upgrade of
existing play area was desired – in particular for younger children
· Support for play
facilities for older children as well – one respondent concerned about proposed
location of second play area adjoining Chelmsford Ave due to perceived
isolation and proximity to toilets – others had noted that having a second
facility accessible from the northern side of the park and that community would
be positive
Fitness equipment
· Potential to install
permanent fitness equipment station was strongly supported
Dog use
· The dog use area is
popular but continues to be problematic due to impacts on grass surface in this
heavily shaded area. Alternative locations appear to not significantly improve
avoidance of these issues. Reduction and simplification of the overall area of
the fenced enclosure should be established for a trial period.
Fencing
· Fencing should be
reviewed to improve prevention of high balls into residential yards
Facilities
· Improvement of provision
and location of BBQ facilities was supported.
· Provision of additional
drinking fountains should be included in park improvements
Amenities Building
· Strong support for
upgrading and low key extension of existing amenities to improve usability
· Replacement of tennis
facilities should be similar in scale to past building
Sports
fields
· Upgrading
of cricket nets in current location appears the preferred approach
|
Ordinary
Meeting of Council - 25 November 2014
|
GB.12 / 668
|
|
|
|
|
Item
GB.12
|
S02294
|
|
|
6 November 2014
|
Overt Electronic Surveillance Policy
EXECUTIVE
SUMMARY
|
purpose of report:
|
To adopt the Policy for Overt Electronic Surveillance
in Public Places to assist in acting as a deterrent against illegal dumping,
littering, vandalism and graffiti.
|
|
|
|
|
background:
|
Council considered a report at its meeting of 16
September 2014 and that the draft policy be placed on exhibition and be
reported back to Council after completion of the exhibition period.
Council did not received any negative representations
from the community during this exhibition period and the policy can now be
considered for adoption.
|
|
|
|
|
comments:
|
The Policy has been drafted in accordance with the Privacy
and Personnel Information Protection Act (PPIP Act) , the Privacy and
Personal Information Protection Amendment (CCTV) Regulation 2013 and the
NSW Government Policy Statement and Guidelines for the Establishment and
Implementation of Closed Circuit Television (CCTV) in Public Places. This
includes the public information required to conduct this activity such as
signage.
|
|
|
|
|
recommendation:
|
That Council adopt the Policy for Overt Electronic
Surveillance in Public Places.
|
Purpose of Report
To adopt the Policy for Overt Electronic Surveillance in
Public Places to assist in acting as a deterrent against illegal dumping,
littering, vandalism and graffiti.
Background
Council considered a report at its meeting of 16 September
2014 and that the draft policy be placed on exhibition and be reported back to
Council after completion of the exhibition period.
Council did not received any negative representations from
the community during this exhibition period and the policy can now be
considered for adoption.
Comments
The draft Policy was amended to include etchings and placed
on public exhibition from 26 September to 27 October 2014 on Council`s webpage,
hard copies at the libraries and Customer Service counter and via Media
release.
One comment was received from the public exhibition process
essentially supporting the policy and use of CCTV.
Council can now consider formalising the draft policy for
overt electronic surveillance to assist in deterring and regulating locations
where incidents of illegal dumping, littering, vandalism and graffiti are
occurring.
The Policy has been drafted in accordance with the
directions of the Privacy and Personnel Information Protection Act (PPIP
act) the Privacy and Personal Information Protection Amendment (CCTV)
Regulation 2013 and the NSW Government Policy Statement and Guidelines for
the Establishment and Implementation of Closed Circuit Television (CCTV) in
Public Places.
The draft policy, with associated Code of Practice and
Standard Operating Procedure, is attached to this report to confirm the process
and mode of operation for this activity.
integrated planning and reporting
Places, Space and Infrastructure
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
Preserving the unique character of Ku-ring-gai
|
Ku-ring-gai unique visual character and identity is
maintained
|
Strategies, places and processes are in place to protect
and enhance Ku-ring-gai unique landscape character.
|
Governance Matters
This activity crosses community awareness, amenity and
regulation activities.
Risk Management
The Policy and associated operational standards is to ensure
Council conducts overt electronic surveillance in accordance with the
legislation governing this type of activity.
Financial Considerations
Funding for this activity has being provided using EPA grant
funding.
Social Considerations
The social benefits include enhanced public awareness of the
locations that are under overt CCTV surveillance to act as a deterrent for
dumping, littering, vandalism and graffiti and lead to an improvement to the
visual amenity of areas currently used for public recreation and commerce.
Environmental Considerations
Environmental benefits include reduction in illegal dumping,
littering, vandalism and graffiti and etchings which lead to enhancement to
visual amenity.
Community Consultation
As part of the public consultation process associate with
the implementation of the Overt CCTV surveillance proposal Council place on
public exhibition for 28 days the Policy and associated operational documents
for comment. This process is in accordance with the provisions of the
legislation for this type of activity. No negative representations from the
public were received in relation to this proposal.
Internal Consultation
Internal consultation took place during the preparation of
the draft policy.
Summary
Incidents of illegal dumping, littering, vandalism and
graffiti and etchings are significant offences which impact on the Ku-ring-gai
area’s visual character associated with public land such as parks, reserves and
areas associated with commerce. The response from Council in removal, and
disposal from these incidents imposes significant cost to Council and staff
resources.
Grant funding from the Environmental Protection Authority
(EPA) has been received to support a range of measures to educate the community
and to employ tools to assist with deterrent and regulatory actions which will
assist in the prevention of illegal dumping, littering, vandalism and graffiti.
To comply with the Privacy and Personal Information
Protection Act (PPIP Act) and the Privacy and Personal Information
Protection Amendment (CCTV) Regulation 2013, Council is required to
formalise a policy detailing the way in which this information is captured and
stored and who will have access to the information.
All overt investigations will be in accordance with the Code
of Practice for investigations under the direction on processing of personal
information by public sector agencies in relation to their investigative
functions.
|
Recommendation:
That Council adopt the Policy for Overt Electronic
Surveillance in Public Places.
|
|
Colin Wright
Manager Waste
|
Greg Piconi
Director Operations
|
|
Attachments:
|
A1View
|
Overt
Electronic Surveillance in Public Places Policy
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2014/067016
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|
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A2View
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Overt
Electronic Surveillance - Code of Practice
|
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2014/199348
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|
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A3View
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Overt
Electronic Surveillance - Standard Operating Procedures
|
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2014/134147
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|
APPENDIX
No: 1 - Overt
Electronic Surveillance in Public Places Policy
|
|
Item No: GB.12
|
|
APPENDIX
No: 1 - Overt
Electronic Surveillance in Public Places Policy
|
|
Item No: GB.12
|
Overt Electronic
Surveillance in Public Places Policy
Table of Contents
Controlled Document Information....................................................................................................... 3
Authorisation
Details................................................................................................................................. 3
Related
Document Information, Standards & References...................................................................... 3
Version
History.......................................................................................................................................... 3
Policy........................................................................................................................................................... 4
Purpose and
Objectives............................................................................................................................ 4
Scope........................................................................................................................................................ 4
Responsibilities.......................................................................................................................................... 4
Policy Statement....................................................................................................................................... 5
|
APPENDIX
No: 1 - Overt
Electronic Surveillance in Public Places Policy
|
|
Item No: GB.12
|
Controlled
Document Information
Authorisation Details
|
This is a Controlled Document. Before
using this document check it is the latest version by referring to Council’s
Controlled Document Register. Unless otherwise indicated, printed or
downloaded versions of this document are uncontrolled.
|
|
Controlled
Document Number:
|
(enter
unique Controlled Document Number)
|
TRIM
Record No:
|
2014/067016
|
|
Controlled
Document Type:
|
Policy
|
|
Controlled
Document Name:
|
Overt
Electronic Surveillance in Public Places Policy
|
|
Version
Number:
|
1.0
|
|
Department:
|
Operations
|
|
Distribution:
|
Internal
and External
|
|
Review
Period:
Max
< 4 years
|
3
years
|
Next
Review Date:
|
November
2014
|
|
Document
Status:
|
Approved
|
|
Approval
Type:
|
Council
|
|
Version
Start Date:
|
25
November 2014
|
Version
End Date:
|
25
November 2017
|
|
|
|
|
|
Related Document Information, Standards &
References
|
Related
Legislation:
|
Privacy
and Personal Information Protection Act.
Privacy
and Personal Information Protection Amendment (CCTV) Regulation 2013.
NSW
Government Policy Statement and Guidelines for the Establishment of
Implementation of Closed Circuit Television in Public Places.
|
|
|
Related
Policies (Council & Internal)
|
Overt
Surveillance in Public Places: Code of Practice.
Standard
Operating Procedure
|
Contains
aims, objectives and basic standards under which the CCTV project will
operate.
|
Version History
|
Version
Number
|
Version
Start Date
|
Version
End Date
|
Author
|
Details
and Comments
|
|
1
|
25/11/2014
|
25/11/2017
|
Colin
Wright
|
First
version
|
|
|
|
|
|
|
Policy
Purpose and Objectives
The
purpose of this Policy is to ensure Council can conduct electronic surveillance
operations using remote cameras (CCTV) for overt investigative surveillance to
assist with controlling illegal dumping, littering, vandalism and graffiti.
The
objectives of the policy are:
· The
ensure Ku-ring-gai complies with the requirements of the Privacy and Personal
Information Protection Act (IIPI Act) and the Privacy and Personal Information
Protection Amendment (CCTV) Regulation 2014 for crime prevention via CCTV
surveillance.
· To
assist with identifying the persons or company responsible for illegal dumping,
littering, vandalism or graffiti.
· To
provide evident in any regulatory action Council may pursue against persons or
a company for illegally dumping, littering, vandalism and graffiti.
Scope
To
inform the community, if and when, overt camera surveillance is being carried
out in relation to any operation of the CCTV Project to act as a deterrent to
individuals or companies from causing the illegal dumping, littering, vandalism
or graffiti offences.
Responsibilities
Ku-ring-gai
Council is the owner of the CCTV Program. Ku-ring-gai Council staff are
authorised for the operation, monitoring and retrieval of recorded footage and
materials of the Surveillance Program.
Policy Statement
1. Policy
Council will provide Closed Circuit
Television (CCTV) electronic surveillance to nominated locations in the Council
LGA in accordance with the objectives and stated principles to assist in
preventing or minimising illegal dumping, littering, vandalism and graffiti as
part of a range of measures to manage and prevent illegal dumping, littering,
vandalism, and graffiti.
Overt cameras will be used for crime
prevention adhering to the principles as outlined in the Code of Practice for
Overt Electronic Surveillance in Public Places.
2. Principles
The
following principles are to be adhered to in the implementation of the overt
crime prevention program.
Overt Crime Prevention Program
1. The
CCTV Project will be operated fairly, within applicable law, and only for the
purposes for which it is established or which are subsequently agreed in
accordance with the Code of Practice and Standard Operating Procedure.
2. The
CCTV Program will not limit the privacy and civil liberties of individual
members of the public, including the rights to freedom of religious and
political expression and assembly.
3. Ku-ring-gai
Council has primary responsibility for compliance within the purposes and
objectives of the CCTV Program for the maintenance, management and security of
the Program and the protection of the interests of the public in relation to
the CCTV project.
4. Ku-ring-gai
Council will be accountable to the public for the effective operation and
management of the program. This will be done through regular evaluation and
monitoring of the program.
5. The
public will be provided with clear and easily accessible information in
relation to any operation of the CCTV scheme.
6. Information
recorded will be accurate, relevant and not exceed that necessary to fulfil the
purposes of the CCTV Program.
7. The
retention of, and access to, recorded material will be only for the purposes
provided by this Code of Practice or applicable laws. Recorded materials will
be retained for 28 days unless they are required for law enforcement purposes
or other lawful requirements.
8. All
contact between Ku-ring-gai Council and the NSW Police, in relation to the CCTV
Program, will be conducted strictly in accordance with the Code of Practice.
Everything reasonable within the power of Ku-ring-gai Council will be done to
prevent unauthorised use or discloser of the information.
3. Operations
Monitoring
of cameras will be the responsibility of the Waste Section of Operations and
limited to the nominated responsible officers:
· Manager Waste,
· Waste Contracts and Projects Officer,
and
· Building Assets Coordinator.
When
an incident is identified to which a response or action is required, the
responsible officer will record the incident in the secured record system by:
· Logging the incident with a detailed
description;
· Record date, time and location of the
incident;
· Attaching any images recorded of the
offence;
· Record outcome of any investigation
into the incident; and
· Subject to the evidence, refer the
matter for legal proceedings.
Images
will be retained for a minimum period of seven (7) years or such longer period
as the General Manager may determine as necessary.
4. Accountabilities
General Manager is accountable for:
· ensuring a budget is available to meet policy objectives;
and
· ensuring compliance with policy standards.
Directors are accountable for:
· developing appropriate systems and processes, within
their department, which meets the requirements of the legislation and this
policy; and
· ensuring compliance with this policy and procedures.
Managers and supervisors are accountable for
ensuring:
· Familiarity with the legislation, this policy and
procedures; and
· to inform their employees about the legislation, this
policy and procedures.
All other employees,
volunteers and contractors
are accountable for:
· Familiarising themselves with this policy and procedures
and seeking clarification on any aspect of the policy from their supervisor.
5. Associated
Documents
· Privacy
and Personal Information Protection Amendment (CCTV) Regulation 2013
· Privacy
and Personal Information Protection Act 1998 (PPIP Act)
· Direction
on Processing of Personal Information by Public Sector Agencies in relation to
their Investigative Functions, 23 December 2013
· NSW
Government Policy Statement and Guidelines for the Establishment and
Implementation of Closed Circuit Television (CCTV) in Public Places
· Workplace
Surveillance Act 2005 (NSW)
· Workplace
Surveillance Policy 2007
· Local
Government Act (1993)
· Draft
Graffiti Policy (2014)
· Complaints
Management Policy (2001)
· Privacy
Management Plan (2013)
· Surveillance
Devices Act 2007
6. Definitions
|
Term
/ Abbreviation
|
Definition
|
|
Public
Place
|
Defined
from the Local Government Act 1993 and refers to public reserves,
public bathing reserves, public baths or swimming pools, public roads, public
bridges, public wharfs or public road-ferries with the additional of public
transport and car parks.
|
|
Closed
Circuit TV (CCTV)
|
Surveillance
by means of camera monitors, recording visual images of activities, in a
public place.
|
|
Illegal
Dumping
|
Depositing
of any waste other than litter, upon public or private land or waters where
no consent has been obtained from the Council or the granting of an environment
protection licence from the Environment Protection Authority.
|
|
Littering
|
Unlawfully
depositing of waste materials in a public place.
|
|
Vandalism
|
Wilful
destruction of public property including buildings, signage, and street
furniture.
|
|
Graffiti
|
Application
of paint or other material used to create images, writing, or changes to the
colour of building surfaces or other public hard surface areas not authorised
by the Council or any other jurisdiction. Graffiti also includes etchings.
|
|
Lawful
investigation
|
An
investigation carried out by an agency under specific legislative authority
or where the power to conduct the investigation is necessarily implied or
reasonable contemplated under an Act or other law.
|
|
APPENDIX No: 2 - Overt
Electronic Surveillance - Code of Practice
|
|
Item No: GB.12
|
Ku-ring-gai
Council
Overt
Surveillance in Public Places
Code
of Practice
November
2014
Contents
1. OVERVIEW... 3
2. INTRODUCTION.. 3
3. KEY PRINCIPLES.. 3
Principle
1. 3
Principle
2. 4
Principle
3. 4
Principle
4. 4
Principle
5. 4
Principle
6. 4
Principle
7. 4
Principle
8. 4
4. DEFINITIONS.. 5
5. OBJECTIVES.. 5
6. OWNERSHIP OF THE PROGRAM.. 5
7. PUBLIC INFORMATION.. 6
8. CONFIDENTIALITY AND ACCESS.. 6
9. SYSTEM DESCRIPTION AND DESIGN.. 7
10. CAMERA LOCATION.. 7
11. MONITORING.. 7
12. EVALUATION.. 8
13. BREACHES OF THE CODE.. 8
1. OVERVIEW
The
Code of Practice has been complied for Ku-ring-gai Council’s Public Place CCTV
Program.
This
Code of Practice contains the aims, objectives and basic standards under which
the CCTV Project will be operated. The Code of Practice will be accompanied by
a set of Standard Operating Procedures (SOPS) for authorised Ku-ring-gai
Council staff to manage the system. These guidelines and standards are
required to ensure confidentially, correct procedure and privacy of all persons
authorised to manage the program.
Authorised
staff must be fully aware of the contents of this Code of Practice. The
credibility of the program relies on complete understanding and full knowledge
of correct policies and procedures.
These
guidelines have been prepared by Ku-ring-gai Council utilising the NSW
Government Policy Statement and Guidelines for the Establishment and
Implementation of Closed Circuit Television (CCTV) in Public Places. It
has been developed to ensure compliance with all relevant State and Federal
legislation and policy guidelines pertaining to the use of surveillance cameras
in public places. This includes but is not limited to:
· Privacy and Personal Information Protection Act 1998
· Surveillance Devices Act 2007
· Local Government Act 1993
· Australian Standard 4806.1-2006 – Closed Circuit
Television (CCTV) Part 1: Management and Operation.
· Australian Standard 2342-1992 Development, testing and
implementation of information and safety symbols and symbolic signs
· Workplace Surveillance Act 2005
2. INTRODUCTION
In
an effort to identify illegal dumping and littering offences across the
Ku-ring-gai Local Government Area, Council will utilise surveillance cameras as
one of multiple methods to reduce the upward trend in dumping.
In
an effort to reduce graffiti and vandalism on public property, Council will
also utilise surveillance cameras. These are one of several initiatives that
have been developed to reduce the incidences of illegal dumping, littering and
malicious damage on public land and public buildings.
3. KEY
PRINCIPLES
The
code is based on eight (8) key principles
Principle 1
The
CCTV Project will be operated fairly, within applicable law, and only for the
purposes for which it is established or which are subsequently agreed in
accordance with this Code of Practice.
Principle 2
The
CCTV Program will not limit the privacy and civil liberties of individual
members of the public, including the rights to freedom of religious and
political expression and assembly.
Principle 3
Ku-ring-gai
Council has primary responsibility for compliance within the purposes and
objectives of the CCTV Program for the maintenance, management and security of
the Program and the protection of the interests of the public in relation to
the CCTV project.
Principle 4
Ku-ring-gai
Council will be accountable to the public for the effective operation and
management of the program. This will be done through regular evaluation and monitoring
of the program.
Principle 5
The
public will be provided with clear and easily accessible information in
relation to the operation of the CCTV scheme.
Principle 6
Information
recorded will be accurate, relevant and not exceed that necessary to fulfil the
purposes of the CCTV Program.
Principle 7
The
retention of, and access to, recorded material will be only for the purposes
provided by this Code of Practice or applicable laws. Recorded materials will
be retained for 28 days unless they are required for law enforcement purposes
or other lawful requirements.
Principle 8
All contact
between Ku-ring-gai Council and the NSW Police in relation to the CCTV Program
will be conducted strictly in accordance with the Code of Practice. Everything reasonable within the power
of Ku-ring-gai Council will be done to prevent unauthorised use or discloser of
the information.
4. DEFINITIONS
|
CCTV
|
Closed
Circuit Television
|
|
Audit
|
A
systematic, independent and documented verification process of objectively
obtaining and evaluating audit evidence to determine if the Code of Practice
|
|
Public
Place
|
Depositing
of any waste other than litter, upon public or private land or waters where no
consent has been obtained from Council or the granting of an environment
protection licence from the Environment Protection Authority.
|
|
Littering
|
Unlawfully
depositing of waste materials in a public place.
|
|
Vandalism
|
Wilful
destruction of public property including buildings, signage, and street
furniture.
|
|
Graffiti
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Application
of paint or other material used to create images, writing, or changes to the
colour of building surfaces or other public hard surface areas not authorised
by Council or any other jurisdiction.
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5. OBJECTIVES
To
inform the community, if and when, overt camera surveillance is being carried
out in relation to any operation of the CCTV Project to act as a deterrent to
individuals or companies from causing the illegal dumping, littering, vandalism
or graffiti offences.
6. OWNERSHIP OF
THE PROGRAM
Ku-ring-gai
Council is the owner of the CCTV Program. Ku-ring-gai Council staff are
authorised for the operation, monitoring and retrieval of recorded footage and
materials of the Surveillance Program.
Procedures
will be put in place to ensure access to the surveillance monitoring equipment
is restricted to authorised officers and equipment is protected from
unauthorised access.
Operators
of camera equipment will act in accordance with the highest level of probity.
The
circumstances in which Police or other authorised persons are able to access
recorded materials and footage will be carefully controlled and outlined in the
Standard Operating Procedures (SOPs).
7. PUBLIC
INFORMATION
Copies
of the Code of Practice will be made available to the public. Council will
establish a dedicated CCTV webpage on Council’s website where information about
the CCTV Program will be made available.
Where
overt cameras are installed, clear and visible signage stating CCTV cameras are
operating will be displayed at the perimeter of the area covered by the
system. These signs will:
· Inform the public cameras are in operation.
· Identify Council as the owner of the system and give a
telephone number if there is a problem, enquiry or complaint.
· Inform the public of the hours of operation.
Enquiries
regarding the CCTV Program and its operation can be made in writing to:
The
General Manager
Ku-ring-gai
Council
Locked
Bag 1056
Pymble
NSW 2073
or
by telephone on (02) 9424 0000 or email to kmc@kmc.nsw.gov.au.
8. CONFIDENTIALITY
AND ACCESS
Under
no circumstances is any technical information relating to the Surveillance
Program including the number of authorised staff, camera capability or police
procedures is to be provided to any unauthorised person.
Access
to and use of recorded material will be facilitated by Council and will only
take place:
· in compliance with the needs of the NSW Police in
connection with their law enforcement functions;
· if necessary, for the purposes of legal proceedings; and
· other lawful requirements.
Recorded
material will not be sold or used for commercial purposes.
Images
from recorded material will not, under any circumstances, be used to publicise
the existence of success of the CCTV program.
Appropriate
security measures will be taken against unauthorised access, alteration,
disclosure, accidental loss or destruction of recorded material.
All
requests for surveillance footage are to be made in writing and will remain
confidential. Only requests for footage for a lawful purpose will be
considered.
Information
collected by the CCTV Program is subject to the information protection
principles of The Privacy and Personal Information Protection Act 1998.
9. SYSTEM
DESCRIPTION AND DESIGN
The
program involves one camera initially, which could be added to in the future,
connected to workstations in the Operations Building by a wireless network. The
system will record all images digitally from the cameras onto appropriate and
secure recording equipment. The level of monitoring is considered as
‘passive’. Passive monitoring is defined as no deliberate monitoring by
security personnel.
Technical
details:
St
Ives Showground – Static CCTV
.
· 1
x BL3410 Bullet Zoom camera on light pole approx. 40 metres from the Front
gate.
· 1
x VAR-18-2 Infra Red Illuminator adjacent to the camera.
· 1
x GV-Tower NVR system.
10. CAMERA
LOCATION
Cameras
are installed in areas within the Ku-ring-gai Local Government Area and have
been identified as being subject to a high incidence of illegal dumping,
littering, vandalism or graffiti activity. These locations are determined on
the basis of incidents identified by Council staff. The number and location of
cameras may vary from time to time and will be subject to approval from the
General Manager and Director of Operations.
Cameras
will operate on a 24 hour basis.
11. MONITORING
Monitoring
of cameras will be the responsibility of the Waste Section of the Operations
Department and limited to the nominated responsible officers including:
· Manager Waste,
· Waste Contracts and Projects Officer, and
· Building Assets Coordinator.
When
an incident is identified to which a response or action is required, the
responsible officer will record the incident in the secured record system by:
· Logging the incident with a detailed description;
· Record date, time and location of the incident;
· Attaching any images recorded of the offence;
· Record outcome of any investigation into the incident;
and
· Subject to the evidence, refer the matter for enforcement
and/or legal proceedings.
12. EVALUATION
Council
is responsible for ensuring the CCTV Program is subject to a regular evaluation
to identify whether its purposes are relevant and whether objectives are being
achieved.
Council
will produce an evaluation as part of the Quarterly Update every three (3)
months for the first 12 months and then annually. The annual report will be
presented to the Director of Operations and General Manager. A copy of the
report will be circulated to Councillors and made available for public
inspection.
An
annual audit of the Program will be carried out by an independent assessor.
The results of the evaluation will be taken into account in the future
function, management and operation of the CCTV Program.
13. BREACHES OF
THE CODE
Ku-ring-gai
Council will be responsible for ensuring compliance with the Code of Practice.
Council
is required to investigate any alleged breach of the Code of Practice. If a
breach is found to have occurred, Council will remedy the breach to the extent
possible under the Code of Practice.
Complaints
in relation to any aspect of the management or operation of the CCTV Program
may be made in writing to Council in accordance with Council’s Complaints
Management Policy and Privacy Management Plan addressed to:
The
General Manager
Ku-ring-gai
Council
Locked
Bag 1056
Pymble
NSW 2073
or
by telephone on (02) 9424 0888 or email to kmc@kmc.nsw.gov.au.
The
Privacy and Personal Information Act 1998 authorises the Information and Privacy Commission to
receive and investigate complaints about alleged violations of privacy. Any
member of the public is entitled to lodge a complaint with the Information and
Privacy Commission.
Information
and Privacy Commission can be contacted at:
Information
and Privacy Commission
GPO
Box 7011
Sydney
NSW 2001
Telephone:
1800 472 679: Fax: (02) 8114 3756: Email: ipcinfo@ipc.nsw.gov.au
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APPENDIX No: 3 - Overt
Electronic Surveillance - Standard Operating Procedures
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Item No: GB.12
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Ku-ring-gai
Council
CCTV
Program
Overt
Electronic Surveillance in Public Places
Standard
Operating Procedure
November
2014
Contents
1. Introduction. 3
2. Monitoring Equipment 3
3. Camera Equipment 3
4. Access to recorded images. 3
5. Confidentiality. 4
6. Primary Duties. 4
7. Response to identified incidents. 4
8. Other Authorised Access. 4
Appendix. 5
Standard
Operating Procedures
1. Introduction
The
Standard Operating Procedure has been developed by Ku-ring-gai Council as a
requirement of the Code of Practice and following the NSW Government Policy
Statement and Guidelines for the Establishment of Implementation of Closed
Circuit Television (CCTV) in Public Places.
2. Monitoring
Equipment
The
monitoring equipment used will be desk top computers and smart phones located
with the Waste Contracts and Projects Officer and Building Assets Coordinator.
Ku-ring-gai Council has chosen not to have a control room.
The
monitoring equipment will be positioned so the public are not able to view it.
The
monitoring equipment will only be used for the objectives detailed in Section 5
of the Code of Practice
The
monitoring equipment will only be used by those authorised whose details appear
on the Register of Authorised Persons.
Each
authorised person is to be aware of and agree to abide the Code of Practice and
Standard Operating Procedure.
Each
authorised person will be issued with a username and password that must be used
to log onto the screen.
3. Camera
Equipment
The
camera equipment will be operated by Ku-ring-gai Council. The NSW Police will
not have access to the camera equipment.
The
camera equipment will be located at the selected project area.
Recordings
will be made to a web-based platform and may be transferred to a storage device
when the images are required for further investigation of an incident, for
evidence in court or for other lawful reason.
4. Access to
recorded images
Ku-ring-gai
Council will be solely responsible for allowing access to recorded material in
accordance with the Code of Practice.
When
images are recorded to a storage device then an entry into the Register of
Access is to be made by Council.
5. Confidentiality
Any
Council staff or contractors involved in any of the processes described in
these Standard Operating Procedures will be required to sign a confidentiality
document stating they will not disclose to anybody, or any organisation, unless
otherwise lawfully directed to do so, any information about any image which
they observed generated by the CCTV Cameras. A copy of the confidentiality
agreement is attached.
6. Primary
Duties
The
prime duties and responsibilities of authorised staff are, but not limited to:
· Operation and maintenance of the
surveillance equipment and software;
· Retrieval of footage and other
recorded materials of the surveillance system;
· Respond to requests from Police
relating to incidents and recorded material/footage;
· Adherence to policies, rules of
conduct and procedures;
· Undertaking basic maintenance and
housekeeping;
· Reporting technical problems effecting
the equipment to the Manager, Waste.
7. Response to
identified incidents
Whenever
a response is deemed appropriate to an identified incident, the authorised
Council person must record the following in the Incident Log:
· Type
of incident including description
· Date
and time of incident
· Person/s
making response.
· Notify
the Police as to the circumstances of any criminal event.
· Ensure
footage is secured, saved and marked appropriately in the event that it is
required for legal purposes.
8. Other
Authorised Access
Parties
who should be able to show adequate grounds for disclosure for the purposes of
providing evidence in criminal proceedings, providing evidence in civil
proceedings, the prevention and reduction of crime and disorder, the
investigation and detection of crime and antisocial behaviour are:
· NSW Police;
· Statutory authorities with powers to prosecute;
· Other
agencies, according to purpose and legal status.
Appendix
Confidentiality
Agreement
Operation
of CCTV Cameras
I
_______________________________________ an employee of
(full name printed)
________________________________________________________
(print name of Organisation)
1. Will not
disclose, unless lawfully directed or as a bona fide part of my employment, any
matter or information which comes to my knowledge in relation to or emanating
from the operation of the CCTV cameras owned by Ku-ring-gai Council.
2. Acknowledge
that this agreement is not limited to my current period of employment or to any
time limit period.
3. Understand that
failure to observe this confidentiality may result in legal action being taken
against me and/or employment disciplinary action.
___________________________________ __________________________
(signed) (date)
___________________________________ ___________________________
(witness) (date)
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APPENDIX
No: 3 - Overt
Electronic Surveillance - Standard Operating Procedures
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Item No: GB.12
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Register of Authorised
Persons
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Name of Authorised Person
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Title
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Date authorised
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Authorised by
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Date Authorisation removed
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Removed by
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Register
of Access to CCTV Footage
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Type of Application
(Police, GIPPA, PIPPA)
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Date and Scope of Application
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Details of person/organisation
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Period, date and time of recorded
images requested
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Date and Time requested actioned
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Person who copied images
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Date images provided to applicant
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Trim reference
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Hierarchy
of Management Responsibilities
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APPENDIX
No: 3 - Overt
Electronic Surveillance - Standard Operating Procedures
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Item No: GB.12
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REQUEST
FOR A COPY OF RECORDED MATERIAL FROM KU-RING-GAI COUNCIL SURVEILLANCE CAMERA
PROGRAM
1,
____________________________________ (print name), _______________________
(rank),
_____________________
(Police ID#)
Of
NSW Police, _________________________ (location/unit).
Request
a copy of images recorded by Ku-ring-gai Council’s CCTV cameras.
The
images I request relate to the following:
Time
and Date: ____________________________________
Location:
____________________________________
Incident/COPS
No: ____________________________________
I
require a copy of the images for the purpose of:
_____________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I
acknowledge that I will not make a copy of these images or disclose the images
to any other persons unless lawfully required to do so.
Signed
by recipient: ________________________ Date ______________________________
Witnessed
by Local Area Commander _____________________________________________
(Signature)
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Ordinary
Meeting of Council - 25 November 2014
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NM.1 / 696
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Item
NM.1
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S03150
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17 November 2014
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Robert
Pymble Park
Notice of Motion from Councillor
Berlioz dated 17 November 2014
In the last few months there has been an increase in crime
and antisocial behaviour in Robert Pymble Park and adjacent shops. This
includes graffiti, vandalism and alleged assaults. This spike of anti-social
activity has induced fear in the local residents and shopkeepers.
The criminal activities are being dealt with by the Police
and Council is taking immediate action to implement strategies based on crime
prevention including graffiti removal and improved lighting.
Alcohol and drugs are fuelling this anti-social behaviour
and violence. To address this, it is important to establish an Alcohol
Prohibited Area to prohibit the consumption and possession of alcohol and/or
other activities. This can only be done by resolution of Council. Under the
Local Government Act 1993 Notices which include prohibiting the taking in or
consumption of alcohol is supported by severe fixed penalty for offenders.
Fines may be imposed by Police and Council rangers for persons acting contrary
to a notice erected by a Council.
In preparing a proposal to establish an alcohol-prohibited
zone a Council must consult with the relevant Police Local Area Commander. It
is moved that Council:
“1. Resolve
to establish Robert Pymble Park as an Alcohol Prohibited Area between 7pm and
6am pursuant to the Local Government Act 1993.
2. Council
officers in conjunction with the Crime Prevention Officer at Hornsby as soon as
practical carry out a Community Safety Audit of the park and the Audit be
reported back to Council.
3. Provide
a report to Council in February 2015 on progress of 1 and 2.”
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Recommendation:
That the above Notice of Motion as printed be adopted.
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Councillor Christiane Berlioz
Councillor for St Ives Ward
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Ordinary
Meeting of Council - 25 November 2014
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NM.2 / 697
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Item
NM.2
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S03150
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17 November 2014
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Robert
Pymble Park
Notice of Motion from Councillor Ossip
dated 17 November 2014
In recent
times, it has become increasingly apparent that there are significant law and
order issues in the Pymble town centre.
I have been
contacted by a concerned group of residents and shop owners, parents and
retirees, who live and work in the vicinity of the Pymble shopping strip and
Robert Pymble Park who would like to see a serious Pymble community problem
dealt with decisively.
Robert Pymble
Park, Corner of Alma Avenue and Park Crescent, has become the haunt of a street
gang. Most Friday and Saturday nights, the Police have to
be called to quell the fracas that develops, often fuelled by drugs and
alcohol.
The gang
systematically vandalises the park facilities, graffitis all surfaces and
litters the lawns and tennis courts with shards of broken glass. They also
graffiti the Grandview Avenue shop fronts as they depart. Some of the graffiti
has been obscene and, in recent times, gang members have allegedly defecated on
private property.
Individual gang
members have become increasingly brazen of late, threatening people who
approach them. Of great concern, I have been informed that at least two
neighbourhood school girls have been sexually assaulted walking through the
park. One of these girls was hospitalised for 3 months as a consequence. The
gang has also allegedly assaulted a 12 year old school boy. Female shop owners
in Pymble have told me that they will no longer walk to their cars on Alma
Avenue in the evening unless they are accompanied, due to harassment and
concerns for their physical wellbeing.
The more I
speak to residents in the area, the more I become aware of the anti-social
behaviour which residents in this area have had to endure and the impact this
is having on their day-to-day lives. Police routinely have to attend the park
and deal with serious incidents.
Furthermore,
public resources are being wasted in having to continually remove graffiti from
public property and replace destroyed facilities. Every Saturday and Sunday
morning, Council staff can be found cleaning the park and removing broken glass
from the park and tennis courts.
The
status quo is quite simply unacceptable and cannot be tolerated any longer. We
need to act in a proactive manner to discourage these individuals from
terrorising the local community and destroying public property. This is a law
and order emergency which must be dealt with immediately.
I therefore move that Council:
“1. Prepares a
comprehensive strategy to deal with anti-social behaviour in the Pymble Town
Centre.
2. In preparing
this strategy, Council consult with local law and enforcement authorities and
the relevant state members of Parliament.
3. Installs better
lighting in Robert Pymble Park, specifically around
the tennis courts, pavilion, picnic table, and play area.
4. Investigate
the possibility of installing CCTV in the Pymble Town Centre and Robert Pymble
Park.
5. Designates the park as a no alcohol zone at
night, and deploys signage to make this clear.
6. Locks the tennis shelter, toilets and tennis
courts at night.
7. A preliminary report on this matter be
brought back to the next ordinary meeting of Council.”
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Recommendation:
That the above Notice of Motion as printed be adopted.
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Councillor David Ossip
Councillor for St Ives Ward
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