Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 12 December 2017 AT 7:00 pm

Level 3, Council Chamber

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 following confidential report and attachments:

C.1 Gordon Golf Club Limited – Variation of Lease

In Accordance with 10A(2)(d)(ii) - 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 it could confer a commercial advantage on a competitor of Council.

NOTE:

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

GB.14 NSW Container Deposit Scheme - Reverse Vending Machine Proposal for
Ku-ring-gai LGA

Attachment A2: CONFIDENTIAL - Draft Heads of Agreement - Reverse Vending Machines - Various locations - including counter offer

This attachment is classified confidential under section 10A(2)(c) acquisition and/or disposal - confer a commercial advantage and under section 10A(2)(d)(ii) because it could confer a commercial advantage on a competitor of the Council.

Address the Council

NOTE:

Persons who address the Council should be aware that their address will be recorded on the official audio recording of this meeting.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 10

File: S02131

Meeting held 28 November 2017

Minutes numbered 289 to 307

minutes from the Mayor

MM.1 NSW Minister for Local Government’s 2017 Award for Innovation in Engineering – North Turramurra Recreation Area 26

File: S08989

It is my pleasant duty to inform our community and my Councillor colleagues of another significant award that Ku-ring-gai Council has been presented with in recent weeks.

Each year the Minister for Local Government bestows an annual award for Innovation in Engineering through the Institute of Public Works Engineers Australasia awards for engineering in local government.

I am very pleased to say that our Council was the recipient of this year’s award for the $28 million multipurpose recreational area at Bobbin Head Road North Turramurra.

The redevelopment of this site – known as the North Turramurra Recreation Area - is one of the largest projects Ku-ring-gai Council has undertaken in recent years. It was created in response to the increasing demand for sporting facilities in the local area.

The new multipurpose sports facility is the first of its kind to be built by Council since 1989. The project involved the revitalisation of an area of 60.5 hectares of an old landfill site and an outdated golf course.

Residents and visitors can now enjoy golf in a championship standard 18-hole golf course, picnic areas, new car park, walking trails, three new multi-use sportsfields, an artificial wetland and areas of natural bushland. Preparations are also being made to site a netball training ground adjacent to the car parking area.

North Turramurra Recreation Area makes use of recycled irrigation water from sewer mining systems, resulting in 300,000 litres of water produced every day for irrigation purposes. As a result, the golf course is 100% self-sufficient and no potable water is used for irrigation.

The creation of an artificial wetland on the golf course has attracted a range of birds and animals not previously seen in the local area.

In short, the North Turramurra Recreation Area has transformed what was previously an old landfill site into a recreational complex that has a number of demonstrable benefits to the environment as well. I believe it is this unique combination of recreational and environmental aspects which won Council its award.

I acknowledge the extensive work that has gone on behind the scenes to bring this project to fruition. It has involved teams of staff across Council and numerous contractors, as well as the goodwill and input of the North Turramurra community. The project is a model of cooperation across Council and is one that we are justifiably proud to have delivered to the Ku-ring-gai community.

Petitions

Recommendations from Committee

RC.1 Minutes of Ku-ring-gai Traffic Committee 28

File: CY00022/9

Meeting held 20 November 2017

Minutes numbered KTC01 to KTC04.

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 Code of Conduct - Complaint Statistics 33

File: S08447

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW for the twelve months to 31 August 2017.

Recommendation:

That the report under Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be received and noted.

GB.2 Christmas/New Year Recess Delegations 2017/2018 38

File: CY00259/9

To grant appropriate Delegations during the Christmas/New Year recess period for 2017/2018.

Recommendation:

The appropriate Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2017/2018.

GB.3 North Shore Black & White Charity Ball 2018 42

File: CY00043/9

To inform Councillors of the North Shore Black & White Charity Ball fundraising event to be held on Saturday 3 March 2018 at Killara Golf Club.

Recommendation:

That Council consider the invitation to purchase tickets for Councillors wishing to attend the North Shore Black & White Charity Ball, to be held on Saturday 3 March 2018 at Killara Golf Club.

GB.4 NSW Department of Education and Ku-ring-gai Council Joint Use Project Proposals 45

File: S11738-1

To update Council of the status of discussions with the NSW Department of Education on the Joint Use Project Proposals for community use of school facilities at Ku-ring-gai High School, St Ives High School and the Lindfield Learning Village and to prioritise the projects.

Recommendation:

That Council prioritises the delivery of the three projects as per the report and advise the NSW Department of Education of these priorities, and that a further report on funding be brought back to Council early next year.

GB.5 Post Office Lane - Pymble Draft Voluntary Planning Agreement - Exhibition Report 59

File: S11423

To provide an update on the draft Planning Agreement associated with Development Application DA0039/16 for 1017 Pacific Highway, Pymble.

Recommendation:

That the draft Planning Agreement together with its Explanatory Note for 1017 Pacific Highway, Pymble, be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

GB.6 Council Submission Draft Greater Sydney Region Plan 2056 & Future Transport 2056 and Revised Draft North District Plan. 67

File: S11022

To have Council consider a submission on the Revised Draft Greater Sydney Region Plan 2056 and aligned Future Transport Plan 2056 and the Revised Draft North District Plan 2056.

Recommendation:

That Council endorses the submission on the revised draft plans.

GB.7 Fitzsimons Lane Gordon - 870-898 Pacific Highway Gordon - Draft Voluntary Planning Agreement - Exhibition Report 85

File: S10147

To provide an update on the third draft Planning Agreement to enable the land dedication for widening of Fitzsimons Lane.

Recommendation:

That the draft Planning Agreement (VPA) be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

GB.8 Fitzsimons Lane Gordon - 900 Pacific Highway Gordon - Draft Voluntary Planning Agreement - Exhibition Report 93

File: S10147

To provide an update on the draft Planning Agreements for two Development Applications to enable the land dedication for widening of Fitzsimons Lane.

Recommendation:

That the draft Planning Agreement (VPA) be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

GB.9 69 Kissing Point Road, Turramurra - Heritage Assessment Report 101

File: S10066

For Council to consider whether to proceed with the heritage listing of 69 Kissing Point Road, Turramurra, as a local heritage item within the KLEP 2015.

Recommendation:

That Council resolves to prepare a planning proposal to heritage list 69 Kissing Point Road, Turramurra, subject to the findings of a peer review of Paul Davies heritage assessment report. The planning proposal will proceed for Gateway Determination should the peer review recommend the property be heritage listed. Should it not recommend the heritage listing, the IHO will be revoked for the property.

GB.10 Gordon Recreation Ground Draft Landscape Masterplan 110

File: S11028

To seek Council's approval to place the Gordon Recreation Ground draft Landscape Masterplan on public exhibition.

Recommendation:

That Council places the Gordon Recreation Ground draft Landscape Masterplan on public exhibition for a minimum of 28 days and that the amended plan incorporating community comment be reported back to Council for consideration and adoption.

GB.11 Minutes of the Flood Risk Management Committee Meeting 14 November 2017 119

File: S10746

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on
14 November 2017.

Recommendation:

That Council receives and notes the minutes of the Flood Risk Management Committee meeting held on 14 November 2017.

GB.12 Lindfield Village Hub Reference Committee 123

File: S10973-1

To have Council consider the terms of reference and composition of the Lindfield Village Hub Reference Committee.

Recommendation:

That Council adopt the Terms of Reference and membership of the Lindfield Village Hub Reference Committee.

GB.13 Extinguishment of Council Easement - 38-40 McIntyre Street Gordon 128

File: CY00066/9

To seek approval for the extinguishment of an existing Council drainage easement at 38-40 McIntyre Street Gordon and the creation of new easement over the property in an alternate location in favour of Council.

Recommendation:

That Council approves of the extinguishment of an existing easement at 38-40 McIntyre Street Gordon and the creation of a new easement as set out in the report.

GB.14 NSW Container Deposit Scheme - Reverse Vending Machine Proposal for Ku-ring-gai LGA 134

File: S11334

To advise Council of an approach to install Reverse Vending Machines in the Ku-ring-gai local government area under the NSW Container Deposit Scheme.

Recommendation:

That Council agrees in principle to the installation and operation of Reverse Vending Machines in suitable location across the Ku-ring-gai local government area as outlined in this report.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Culworth Avenue Car Park Killara 140

File: S09750

Notice of Motion from Councillor Szatow dated 4 December 2017

The fee

For over 50 years now, Council has been collecting a fee for car parking at the Culworth Avenue Car Park, opposite the Killara Railway Station, west of the railway line in Killara. Initially, on the entire site, there were 174 spaces, but since April 2015, when Council sold a portion of the car park to Transport for New South Wales for $7million, Council paid commuter parking on the rest of the site, was reduced to 94 spaces, 60 having been allocated to the T4NSW portion.

Cash Flow:

Fees (currently $5 per car) collected by Council have always been deposited into general revenue and the Department of Regulation has advised that the amount collected over the last three years has been averaged at $81,500 annually. The entire car park is consistently full on weekdays, usually, by 10 am.

Transport for NSW upgrade:

On purchase of their portion, Transport for NSW altered the configuration of their site, which enabled parking for 80 vehicles, whereas previously there had been 60.

Landscaping was also completed where the facility meets the Culworth Avenue footpath, to prevent soil erosion and the accumulation of dirt and gravel onto the footpath.

Council Portion of Car Park:

Where the Council car park verge meets the footpath in Culworth Avenue, considerable erosion is evident which spills onto the footpath, making it unsafe for pedestrians.

There has been no re-configuration of the site to enable additional parking.

Therefore, I move that:

a) The site be measured by staff to ascertain if there is sufficient room to re-configure it, so as to put additional parking in place and a quotation for that work to be obtained, should that be viable.

b) A quote to also be obtained for landscaping on the Council portion of the car park, similar to that of the Transport for NSW portion, to prevent further erosion and manage the risk to pedestrian safety.

c) Funds collected from commuter parking to be utilised to refurbish the car park.

d) A Report with recommendations to come back to Council with the results of the above

(being a, b and c) at the first OMC of 2018, that is, 6th February 2018.

NM.2 Cleaning up Gordon Town Centre 142

File: S02524

Notice of Motion from Councillor Szatow dated 4 December 2017

Councillors will be aware that residents have been very concerned about the state of footpaths in the Gordon Town Centre – not so much the pavement as such, as at this stage there are plans in the Gordon Town Centre for footpath restoration and refurbishment, but rather, the accumulation of litter on the pavements, car park areas and green spaces.

Litter is everybody’s responsibility – not just Council’s but it is clear that Council needs to lead and residents expect us to take the lead.

In spite of the fact that new bins have been provided on the highway and in St John’s Avenue, they are already dirty and litter lies about around them, uncollected. The footpaths are strewn with cigarette butts and defaced by chewing gum. McDonald’s packaging is thrown away almost anywhere but especially outside the store and in Wade Lane and Wade Lane Car Park, including the grass verges. The Annie Wyatt Park – which has been mentioned previously in Council, Annie Wyatt having been a Gordon resident who began the National Trust in Australia – is similarly treated carelessly with plastic bottles and paper littering what could be a delightful and attractive green space.

There are funds available for Councils to encourage residents to engage in “pride of place” schemes and to participate in beautifying neighbourhoods. Details of this scheme are available on the “Keep Australia Beautiful” website.

Council is already engaged with the EPA with Anti-Litter Grants and has to-date installed 5 out of 7 new benches allocated to Gordon Town Centre, and new bins. Unfortunately, the bins are not kept clean.

It is clear that new Street furniture makes some inroads into litter reduction but that further improvements can be made by the community at large taking responsibility.

Therefore I move that:

A. The relevant department (Waste Management – Operations) investigate socially based programs for litter reduction through engagement with local shopkeepers and community groups to further improve the cleanliness and tidiness of Gordon Town Centre.

B. A report come back to Council at the first OMC on 6th February, on the results of the investigation and any further measures taken by the department to promote pride of place in the Gordon Town Centre.

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 28 November 2017

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors D Citer & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Acting Director Operations (Matthew Drago)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Christine Dunand)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

289

Apologies

File: S02194

Councillor Ngai tendered an apology for non-attendance (family reasons) and requested leave of absence.

Resolved:

(Moved: Councillors Spencer/Citer)

That the apology from Councillor Ngai be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

Councillor Citer declared a less than significant non-pecuniary conflict of interest in respect to item GB.6 Tender RFT 17-2017 - Lindfield Village Living Design Consultant Services as he was the former manager of Ku-ring-gai Youth Development Service (KYDS), and from 2007 - 2014 occupied an office at the rear of Lindfield library. Councillor Citer remained in the Chamber during the debate.

290

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Pettett/Clarke)

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

C.1 205 Mona Vale Road St Ives - Lease Renewal

File: S07252/8

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)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

GB.6 Tender RFT 17-2017 - Lindfield Village Living Design Consultant Services

Attachment A1: .................... Tender Evaluation Report

This attachment is classified confidential under section 10A2(d)(i) because it could prejudice the commercial position of the person who supplied it, and under section 10A2(d)(ii) because it could confer a commercial advantage on a competitor of Council.

Attachment A2: Attachment to Tender Evaluation Report - Detailed financial and performance assessment

GB.8 Tender NSROC - RFT 1719 - Road Surfacing, Patching, and Associated Works - 2017 to 2019

Attachment A1: Ku-ring-gai Council Pricing Analysis

This attachment is classified confidential under section 10A2(d)(ii) because it could confer a commercial advantage on a competitor of Council.

Attachment A2: NSROC Tender Evaluation Committee Report

This attachment is classified confidential under section 10A2(d)(ii) because it could confer a commercial advantage on a competitor of Council.

CARRIED UNANIMOUSLY

PRESENTATION OF CHEQUES FOR ENVIRONMENTAL LEVY SMALL GRANTS SCHEME – ROUND 19

The Mayor presented cheques to recipients of the Environmental Levy Small Grants Scheme – Round 19, and congratulated them. Recipients included:

Ku-ring-gai Bushcare Association	To create a native plant display to compliment the weed display	$5,000
Sydney Bats	To create an environmental monitoring station at the Flying Fox camp	$3,300
Bicentennial Park Bushcare	Bush regeneration works	$5,000
Quarry Creek Bushcare	Bush regeneration works	$5,000
Paddy Pallin Foundation	Paddy Pallin Reserve upstream creek bank regeneration	$3,000
Hampshire Street Bushcare	Bush regeneration works	$5,000
Roseville Kids Care	Stingless native bee hive and plants	$650
Turramurra North P & C	Creation of an environmental area with native plants	$1,000
Friends of Lane Cove National Park	Cleaning sediment ponds	$3,300
WAIF	WAIF Wildlife Veterinary Clinic	$4,950
WildThings NSW	To install hollows and bee hives at local schools	$4,700

Address the Council

The following members of the public addressed Council on items not on the agenda:

Graeme Inglis Gordon Golf Club

Dierk Mohr Last Council Meeting

Tim Pearson Flying Fox Reserve

Cameron Braid Gordon Golf Club

Warwick Churche Governance Project “G”

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Items:

GB.9 - Submission to the Office of Local Government - Consultation paper on draft amendments to the Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct

Report by Director Corporate dated 24 November 2017 with attachments.

Councillors Information:

Additional Signatures for Petition to Renovate Irish Town Reserve Playground and Repair Princes Lane Community Car Park

Memorandum from Team Leader Governance dated 23 November 2017 advising additional signatures have been received relating to OMC 22 August 2017 minute number 211 – a petition to renovate the Irish Town Reserve playground and repair Prince Lane Community Car Park.

Draft submission to the Office of Local Government regarding proposed changes to the Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct

Memorandum from Manager Records and Governance dated 24 November 2017 regarding a draft submission for amendments to the Model Code of Conduct for Councils and the Procedures for the Administration of the Model Code.

CONFIRMATION OF MINUTEs

291

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 14 November 2017

Minutes numbered 269 to 288

Resolved:

(Moved: Councillors Citer/Clarke)

That Minutes numbered 269 to 288 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

292

Investment Report as at 31 October 2017

File: S05273

Vide: GB.2

To present Council’s investment portfolio performance for October 2017.

Resolved:

(Moved: Councillors Pettett/Clarke)

A. That the summary of investments and performance for October 2017 be received and noted.

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

CARRIED UNANIMOUSLY

293

Analysis of Land and Environment Court Costs - 1st Quarter 2017 to 2018

File: S05273

Vide: GB.3

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2017.

Resolved:

(Moved: Councillors Pettett/Clarke)

That the analysis of Land and Environment Court costs for the quarter ended 30 September 2017 be received and noted.

CARRIED UNANIMOUSLY

294

Tender RFT 17-2017 - Lindfield Village Living Design Consultant Services

File: S10840

Vide: GB.6

To advise Council of the Tenders received for Tender No.17-2017 - Lindfield Village Living - Design Consultant Services and to seek approval to carry out the actions outlined in the recommendations A to E.

Resolved:

(Moved: Councillors Pettett/Greenfield)

A. That Council awards the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

B. That the General Manager be authorised to negotiate the terms of the contract.

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

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

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

CARRIED UNANIMOUSLY

295

Tender NSROC - RFT 1719 - Road Surfacing, Patching, and Associated Works - 2017 to 2019

File: S11471

Vide: GB.8

To seek Council's approval to accept the Northern Sydney Regional Organisation of Councils (NSROC) tender for the schedule of rates for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2017/2018 and 2018/2019.

Resolved:

(Moved: Councillors Pettett/Clarke)

A. That the tender rates submitted by Tenderer B, Tenderer C and Tenderer L be accepted as the preferred contractors for the profiling, supply, delivery and laying of asphaltic concrete for 2017/2018 and 2018/2019.

B. That the tender rates submitted by Tenderers A, C, E, F, G, K, L and M be accepted for excavation and heavy patching for 2017/2018 and 2018/2019.

C. That tender rates submitted by Tenderer B, Tenderer C and Tenderer L be accepted as the preferred contractors for the supply or supply and delivery of asphaltic concrete for 2017/2018 and 2018/2019.

D. That the tender rates submitted for thin wearing and intermediate surfacing; and bituminous crack sealing of road pavement be rejected in favour of seeking quotes for these types of works as necessary.

E. That authority be given to the Mayor and General Manager to affix the Common Seal of Council to the instrument for the Contract for the for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2017/2018 and 2018/2019.

CARRIED UNANIMOUSLY

296

Submission to the Office of Local Government - Consultation paper on draft amendments to the Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct

File: S11228

Vide: GB.9

To provide Council with a proposed submission to the Office of Local Government in response to their consultation paper on drafted amendments to the Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct, for approval.

Resolved:

(Moved: Councillors Pettett/Clarke)

That Council provide the submission outlined in this report to the Office if Local Government by 4th November 2017.

CARRIED UNANIMOUSLY

297

205 Mona Vale Road St Ives - Lease Renewal

File: S07252/8

Vide: C.1

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:

(iv) prejudice the commercial position of the person who supplied it, or

(v) confer a commercial advantage on a competitor of Council, or

(vi) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Manager Integrated Planning, Property & Assets dated 7 November 2017

Resolved:

(Moved: Councillors Pettett/Clarke)

A. That Council enter into a lease agreement with the lessees for a further maximum term of five (5) years from 15 December 2017 in accordance with the terms set out in the Confidential Heads of Agreement.

B. That the Mayor and General Manager are delegated authority to execute all documentation associated with the lease.

C. That Council affix the Common Seal to any necessary documents.

D. That public notification of the proposed lease be undertaken in accordance with Section 47A of the Local Government Act, 1993.

CARRIED UNANIMOUSLY

298

Amendment to Ku-ring-gai Local Centres Development Control Plan - Precinct T1: Pacific Hwy and Ray St Turramurra Retail Area - Consideration of Submissions

File: S09569-2

Vide: GB.5

For Council to consider amendments following the exhibition of the proposed draft Ku-ring-gai Local Centres Development Control Plan – Amendment to Part 14B Turramurra Local Centres (Precinct T1: Pacific Hwy and Ray St Retail Area).

Resolved:

(Moved: Councillors Clarke/Citer)

A. That Council adopts the amended Ku-ring-gai Local Centres Development Control Plan incorporating Amendment to Part 14B Turramurra Local Centres (Precinct T1) as at Attachment A5 to this Report.

B. That Council’s adoption of the amended Ku-ring-gai Local Centres Development Control Plan be notified in the North Shore Times in accordance with Clause 21(4) of the Environmental Planning and Assessment Regulation 2000. The public notice is to specify that the amended Ku‑ring-gai Local Centres Development Control Plan is to come into effect on the day of that advertisement.

C. That the Director of Strategy and Environment be given delegation to approve the amendment of minor inconsistencies and errors in the Ku-ring-gai Local Centres Development Control Plan incorporating Amendment to Part 14B Turramurra Local Centres (Precinct T1) following adoption.

D. That the amended Ku-ring-gai Local Centres Development Control Plan be forwarded to the Secretary of the Department of Planning and Environment in accordance with Clause 25AB of the Environmental Planning and Assessment Regulation 2000.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Spencer, Citer and Kelly

Against the Resolution: Councillors Pettett, Greenfield, Smith and Szatow

299

2017 - 2018 Budget Review - 1st Quarter ended September 2017

File: S09112/7

Vide: GB.1

To inform of the results of the first quarter budget review of 2017/18 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2017 to 30 September 2017.

Resolved:

(Moved: Councillors Clarke/Citer)

That the September 2017 Quarterly Budget Review and the recommended changes are received and noted.

CARRIED UNANIMOUSLY

During debate on the following item

Council resolved itself into Closed Meeting
with the Press and Public excluded after a Motion
moved by Councillors Szatow and Pettett was CARRIED

For the Motion: The Mayor, Councillor Anderson, Councillors Pettett, Greenfield, Smith and Szatow

Against the Motion: Councillors Clarke, Spencer, Citer and Kelly

Council resolved to return to Open Council
after a Motion moved by Councillors Clarke and Kelly
was CARRIED UNANIMOUSLY

Councillors Clarke and Citer moved a Procedural Motion

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 Clarke, Spencer, Citer and Kelly

Against the Procedural Motion: Councillors Pettett, Greenfield, Smith and Szatow

300

Minutes of the Ku-ring-gai Finance Committee Meeting held Monday
20 November 2017

File: CY00546

Vide: GB.4

To provide Council with the Minutes from the meeting of the Ku-ring-gai Finance Committee held on Monday 20 November 2017.

Resolved:

(Moved: Councillors Clarke/Citer)

That Council:

A. Receives and notes the minutes of the Ku-ring-gai Finance Committee meeting held on 20 November 2017 (Attachment A1);

B. Adopts the draft Terms of Reference provided in Attachment A2;

C. Adopts the following meeting schedule for the Finance Committee for 2018:

· Monday, 19 February 2018 – December Quarterly Budget Review

· Monday, 14 May 2018 – March Quarterly Budget Review

· Monday, 3 September 2018 – End of Financial Year

· Monday, 19 November 2018 – September Quarterly Budget Review.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Spencer, Citer and Kelly

Against the Resolution: Councillors Pettett, Greenfield, Smith and Szatow

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved Councillors Pettett/Szatow)

That Council:

A. Receives and notes the minutes of the Ku-ring-gai Finance Committee meeting held on 20 November 2017 (Attachment A1);

B. Disbands the Ku-ring-gai Finance Committee.

For the Resolution: Councillors Pettett, Greenfield, Smith and Szatow

Against the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Spencer, Citer and Kelly

301

Report on Notice of Motion - Bushfire Preparation - rubbish collection (Green waste)

File: S02294

Vide: GB.7

To report back to council for the Notice of Motion on Bushfire Preparation - green waste rubbish collection

Resolved:

(Moved: Councillors Pettett/Smith)

That Council does not proceed with a voucher system.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

302

Councillor Feedback Following IHAP Decisions

File: S11736

Vide: NM.1

Notice of Motion from Councillor Smith dated 15 November 2017

As Councillors and the broader public would be aware, the State Government has recently passed legislation that mandates the constitution of Independent Hearing and Assessment Panels (IHAPs) in all Greater Sydney Council areas.

The effect of this decision will mean that, as of 1 March 2018, locally elected Councillors will no longer be the consent authority for Development Applications that are currently determined by full Council. Furthermore, numerous applications that were previously determined by staff under delegated authority will also have to be determined by IHAPs, requiring additional resourcing and costs.

IHAPs will comprise 4 members, being the Chair appointed by the State Government, 2 expert members chosen by Council from a pool supplied by the Minister and 1 community representative appointed by Council. These appointees will be paid a considerable sum of money by Council to attend meetings and determine applications.

Whilst I acknowledge that Council can do nothing to alter the decisions of these IHAPs retrospectively, I believe it is imperative that all Councillors receive written feedback from staff on IHAP meetings.

This feedback will ensure that Councillors understand the context of decisions which can then be passed on to local constituents when enquiries are made.

It will also provide Councillors with vital information in relation to the voting patterns of IHAPs and the percentage of applications where decisions are made which are at odds with the professional recommendations of Council’s assessing officers.

As Council is required to pay for these mandated panels, I think it is fair and reasonable that we monitor and assess the performance of our panel against this expenditure.

I therefore move:

A. That the Director Development and Regulation provide all Councillors with a monthly memorandum detailing outcomes of the meetings of the Ku-ring-gai IHAP.

B. That the memorandum to Councillors is to include:

i. the number of applications determined at meetings

ii. a breakdown of determinations that generally aligned with officers’ recommendation vs those where the IHAP decision departed substantially from the recommendation.

C. That in circumstances where an IHAP determination represents a departure from the officers’ recommendation, the memorandum is to provide details as to grounds on which the IHAP disagreed with the officers’ recommendation.

Resolved:

(Moved: Councillors Smith/Pettett)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

303

Bushfire preparation – rubbish collection (green waste)

File: S02294

Vide: NM.2

Notice of Motion from Councillor Kelly dated 21 November 2017

The bushfire preparation season is upon us and many residents have more green waste than is able to be taken away in one green waste collection per fortnight. This results in “potential bonfires” accumulating in the very area where we want to minimise the risk of bushfires.

I believe all parties – being residents, Rural Fire Service and Council – would benefit if there were to be a green waste collection in the bushfire prone areas of more than one collection per week – perhaps two minimum and maybe more, if found to be necessary. We’ve already seen an uncontrolled bushfire event in Gordon only at the recent long weekend.

I suggest

A. That Council look at increasing the green waste collection during the bushfire preparation period from two collections a month to a max of two a week

B. That a report come back to Council in relation to associated costs etc. as soon as possible for a decision on whether to implement this increased cycle

Resolved:

(Moved: Councillors Greenfield/Pettett)

That:

The feasibility and costing options be reported back to the Councillors for consideration in the upcoming 2018/2019 budget process.

The report is to cover the option to provide residents with two green bins for at risk properties at a reduced price, together with increased wood chipping for eligible bushfire prone areas.

For the Amendment: The Mayor, Councillor Anderson, Councillors Pettett, Spencer, Greenfield, Citer, Smith, Kelly and Szatow

Against the Amendment: Councillor Clarke

The Amendment became the Motion

For the Motion: The Mayor, Councillor Anderson, Councillors Pettett, Spencer, Greenfield, Citer, Smith, Kelly and Szatow

Against the Motion: Councillor Clarke

The above Resolution was CARRIED as an Amendment to the Original Motion.

The Original Motion was:

(Moved: Councillors Kelly/Greenfield)

That the above Notice of Motion as printed be adopted.

QUESTIONS WITHOUT NOTICE

304

Provide a Comprehensive list of netball courts used for night training to Councillors

File: s11199

Vide: QN.1

Question Without Notice from Councillor Jeff Pettett

Can Councillors have a comprehensive list of courts in Ku-ring-gai used for night netball training, as well as a list of what tennis courts that could be marked for netball training, and also what requests have been made for night training venues where demand has not yet been met?

Answered by Director Strategy & Environment

The Director Strategy & Environment advised he would take the question on notice.

305

Vandalised tree in Turramurra Village Park

File: S02678

Vide: QN.2

Question Without Notice from Councillor Donna Greenfield

After visiting the Turramurra Village Park on Saturday, I noticed there is a Bald Cypress Taxodium distichum, there has been a hose dug into the ground near the roots and it has been attached to the tree to about 10 feet, it has been jammed in and points out so you can pour things into it, and the tree from where the hose is, all the way down, is dying.

Could someone go and have a look at it? Someone has obviously vandalised it and I hate to think that it has something to do with what we are proposing with the development or something.

I do have photos if anyone wants it.

Answered by Acting Director Operations

The Acting Director Operations advised if Councillor Greenfield could forward the photos, he would make sure someone inspects the tree tomorrow.

306

The Mayor's Casting Vote - number times used

File: S02211

Vide: QN.3

Question Without Notice from Councillor Cheryl Szatow

We had an email from a resident on 24 November 2017, which begs me to ask ‘How many times since you were elected Mayor in September 2017, have you used the casting vote at an ordinary meeting of Council?’

Answered by the Mayor, Councillor Jennifer Anderson

The Mayor, Councillor Jennifer Anderson advised that information can be found about how many times casting votes have been used by looking in the minutes of the council meeting, and I suggest any Councillor can do that.

307

The Mayor's Casting Vote - percentage of times used

File: s02211

Vide: QN.4

Question Without Notice from Councillor Cheryl Szatow

Apropos the same email from the resident on 24 November 2017, what percentage of the total number of council resolutions have been decided by your casting vote in your current mayoral term?

Answered by the Mayor, Councillor Jennifer Anderson

The Meeting closed at 8.31 pm

The Minutes of the Ordinary Meeting of Council held on 28 November 2017 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 12 December 2017.

__________________________ __________________________

General Manager Mayor / Chairperson

Minute Ku-ring-gai Council Page

MINUTES OF Ku-ring-gai Traffic Committee
HELD ON Monday, 20 November 2017

Present:	Ku-ring-gai Council (Councillor Cedric Spencer, Chairperson) Ku-ring-gai Council (Councillor Peter Kelly, Deputy Chairperson) A/Director Operations (Mr Matthew Drago) Roads & Maritime Services (Ms Kaye Russell) Representing Police Local Area Command North Shore (Sgt Ryan Edwards) Member for Ku-ring-gai (Mr Alister Henskens) Representing Member for Davidson (Mr Michael Lane) Representing Member for Ku-ring-gai (Mr David Ross)

Staff Present:	Manager Traffic and Transport (Mr Deva Thevaraja) Team Leader Traffic (Mr Michael Foskett) Strategic Transport Engineer (Mr Joseph Piccoli) Team Leader Regulation (Mr Tony McCormack) Traffic Administration Officer (Ms Diane Christou)

Others Present:	Representing Bike North (Ms Lyness Beavis) Ku-ring-gai Council (Councillor David Citer) – GB.4

Apologies:	Representing Police Local Area Command Kuring-gai (Snr Const Narelle Tomich)

The Meeting commenced at 9.11am

DECLARATIONS OF INTEREST

No interest was declared.

CONFIRMATION OF MINUTEs

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/8

Meeting held 31 March 2016

Minutes numbered KTC01 to KTC04

The Committee Recommends:

That Minutes numbered KTC01 to KTC04 were received and confirmed as an accurate record of the proceedings of the meeting.

GENERAL BUSINESS

KTC01	Werona Avenue at Stanhope Road, Killara File: TM5/09 Vide: GB.1
	To consider the introduction of pedestrian signals at the signalised intersection of Werona Avenue and Stanhope Road, Killara.
	The Committee’s Comments: The Representative for RMS advised the that the upgrade of the traffic lights at Werona Avenue and Stanhope Road, Killara, to accommodate pedestrian signals, has been included in the project list for funding in 2018/2019. She added that she is quite confident for the approved funding.
	The Committee Recommends: A. That Council request RMS to include in their project list for 2018/2019, the upgrade to the traffic signals at Werona Avenue and Stanhope Road to include pedestrian signals. B. That RMS and Council work together to provide improved pedestrian connectivity between the traffic signals and Killara Station.

KTC02	Ku-ring-gai Avenue, Turramurra File: TM10/09 Vide: GB.2
	To consider the installation of parking restrictions to prevent trailers from being parked in Ku-ring-gai Avenue, Turramurra.
	The Committee’s Comments: The Member for Ku-ring-gai addressed the Committee advising additional trailers have been parked in Ku-ring-gai Avenue for an extensive period of time and asked what can be done to address the situation. Team Leader Regulation informed the Committee the trailers are registered as motor vehicles and therefore can be parked legally anywhere He advised introducing parking restrictions in Ku-ring-gai Avenue will move the problem to other streets. The Member for Ku-ring-gai asked the Representative for RMS if there are any regulatory mechanisms to deter trailer parking on public roads. The Representative for RMS advised there is none but indicated that it is the same situation in all Local Government areas. The Member for Ku-ring-gai said the Government is in consultation to expand the current legislation for boat trailers to include all types of trailers. Council and RMS to discuss ideas for the Member of Ku-ring-gai to take to Parliament. It was agreed by the Committee that the requested ‘No Parking – Motor Vehicles Excepted’ restrictions in Ku-ring-gai Avenue would not have any effect in deterring trailer parking as registered trailers are classified as motor vehicles. The Representative for RMS informed the Committee that the matter needs to be dealt with externally through Council.
	The Committee Recommends: A. That ‘No Parking – Motor Vehicles Excepted’ restrictions not be introduced in Ku-ring-gai Avenue and surrounding streets. B. That Council provide ideas to the Member of Ku-ring-gai to consider in the Government’s proposal for expanding the current legislation for boat trailers to include all trailers.

KTC03	Killeaton Street, St Ives File: TM9/09 Vide: GB.3
	To consider a request from the State Member for Ku-ring-gai to widen Killeaton Street and Burns Road from two lanes to four lanes between Carbeen Avenue and Bobbin Head Road.
	The Committee’s Comments: The Member for Ku-ring-gai expressed concern with the traffic congestion on Killeaton Street and Burns Road between Carbeen Avenue and Bobbin Head Road, due to high density development causing traffic stress on main arterial roads. The A/Director Operations informed the Committee that for such a short length of road, the financial impact could not be justified, and would be moving the congestion from one road to another. The Representative for RMS advised that RMS does not provide funding for network improvements, only safety improvements. Councillor Kelly informed the Committee he would instigate a review of Council’s 1997 Resolution.
	The Committee Recommends: A. That Council apply to the RMS for funding under its Blackspot Program to introduce measures to minimise the risk of head-on collisions on Killeaton Street and Burns Road between Carbeen Avenue and Bobbin Head Road. B That the State Member for Ku-ring-gai be informed of Council’s Decision.

KTC04	Horace Street, Link Road and Stanley Street, St Ives File: TM9/09 Vide: GB.4
	To advise of complaints about pedestrian safety at and near the roundabout intersection of Horace Street, Link Road and Stanley Street, St Ives, Council’s responses to these complaints and the current situation.
	The Committee’s Comments: Councillor Citer informed the Committee he has had talks with the Principals of Corpus Christi School and Masada College regarding the dangerous situation students face in crossing Horace Street at the roundabout. Students have been stuck in the middle of the roundabout trying to cross the road. He suggested the installation of traffic lights closer to the schools or at the roundabout. The Representative for Davidson supports the idea of traffic lights, however at RMS expense. Councillor Kelly supports traffic lights, away from the roundabout. The Representative for RMS suggested Council carry out an assessment of the intersection and apply for funding for 2019/2020 under its Active Transport Program. The Representative for Bike North informed the Committee that there is a cycling path along the route and students should be encouraged to cycle to school.
	The Committee Recommends: That Council carry out an assessment of the intersection of Horace Street, Link Road and Stanley Street, St Ives, at Council’s expense, to determine the feasibility of replacing the roundabout with traffic lights, and submit the results, if warranted, to RMS for its approval in principle.

general discussion

1. Eastern Arterial Road, St Ives

The Representative of the Member for Davidson informed the Committee of the distraction caused by the speed radar sign on Eastern Arterial Road, and suggested the sign should be removed. The Manager for Traffic & Transport advised he will have his staff investigate the matter.

2. Rumble bars

The Representative of the Member for Davidson requested that rumble bars no longer be used on Ku-ring-gai LGA roads. He explained that impact with the rumble bars can damage the suspension and steering of a light vehicle, and cause steering issues. The Manager Traffic & Transport advised the Traffic Section will review the Traffic & Transport Policy in due course.

3. Parking around railway stations

The Member for Ku-ring-gai advised of the need for resident only parking stickers in designated areas in streets surrounding railway stations, due to commuter all day parking on local roads. The Manager Traffic & Transport informed the Committee that short term parking around stations had been introduced to resolve this problem. The Member for Ku-ring-gai will discuss this issue further with Council’s Strategy Department.

The Meeting closed at 11.00 am

Ordinary Meeting of Council - 12 December 2017	GB.1 / 33

Item GB.1	S08447
	1 December 2017

Code of Conduct - Complaint Statistics

EXECUTIVE SUMMARY

purpose of report:	To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW for the twelve months to 31 August 2017.

background:	Under the Procedures, a report on a range of complaints statistics must be provided the Division of Local Government and reported to Council.

comments:	The relevant statistics are contained in this report.

recommendation:	That the report under Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be received and noted.

Purpose of Report

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW for the twelve months to 31 August 2017.

Background

Under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, a report on a range of complaints statistics must be provided to Council and the Division of Local Government.

Part 12 of the Procedures provides:

PART 12 REPORTING ON COMPLAINTS STATISTICS

12.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,

b) the number of code of conduct complaints referred to a conduct reviewer,

c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,

d) the number of code of conduct complaints investigated by a conduct reviewer,

e) the number of code of conduct complaints investigated by a conduct review committee,

f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g) the number of matter reviewed by the Division and, without identifying particular matters, the outcome of the reviews, and

h) The total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

12.2 The council is to provide the Division with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.

Comments

Following are the categories of statistics required by the Division to be reported, followed in each case by the relevant statistic within brackets.

Number of Complaints

1 a The total number of complaints received in the period about councillors and the general manager under the code of conduct [4]

b The total number of complaints finalised in the period about councillors and the general manager under the code of conduct [5]

Overview of Complaints and Cost

2 a The number of complaints finalised at the outset by alternative means by the general manager or Mayor [4]

b The number of complaints referred to the Office of Local Government under a special complaints management arrangement [0]

c The number of code of conduct complaints referred to a conduct reviewer [0]

d The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer [1]

e The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer [0]

f The number of finalised code of conduct complaints investigated by a conduct reviewer [0]

g The number of finalised code of conduct complaints investigated by a conduct review committee [0]

h Number of finalised complaints investigated where there was found to be no breach [0]

i Number of finalised complaints investigated where there was found to be a breach [0]

j Number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police [0]

k Number of complaints being investigated that are not yet finalised [0]

l The total cost of dealing with code of conduct complaints within the period made about councillors and the general manager including staff costs [4,877]

Preliminary Assessment Statistics

3 The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:

a To take no action [1]

b To resolve the complaint by alternative and appropriate strategies [0]

c To refer the matter back to the general manager or the Mayor, for resolution by alternative and appropriate strategies [0]

d To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police [0]

e To investigate the matter [0]

f To recommend that the complaints coordinator convene a conduct review committee to investigate the matter [0]

Investigation Statistics

4 The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:

a That the council revise its policies or procedures [0]

b That a person or persons undertake training or other education [0]

5 The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:

a That the council revise any of its policies or procedures [0]

b That the subject person undertake any training or other education relevant to the conduct giving rise to the breach [0]

c That the subject person be counselled for their conduct [0]

d That the subject person apologise to any person or organisation affected by the breach [0]

e That findings of inappropriate conduct be made public [0]

f In the case of a breach by the general manager, that action be taken under the general manager’s contract for the breach [0]

g In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 [0]

h In the case of a breach by a councillor, that the matter be referred to the Office for further action [0]

6 Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures [0]

Categories of misconduct

7 The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:

a General conduct (Part 3) [0]

b Conflict of interest (Part 4) [0]

c Personal benefit (Part 5) [0]

d Relationship between council officials (Part 6) [0]

e Access to information and resources (Part 7) [0]

Outcome of determinations

8 The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewer’s recommendation [0]

9 The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by the Office [0]

The above statistics have been provided to the Division of Local Government in accordance with clause 12.2 of the Procedures

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1.3. 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.	Compliance with the requirements of relevant Acts and Regulations.	Comply with the requirements of the Local Government Act and Regulations.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1.3. 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.

Compliance with the requirements of relevant Acts and Regulations.

Comply with the requirements of the Local Government Act and Regulations.

Governance Matters

The provision of this report and the provision of information to the Division of Local Government is a requirement of Clause 12.1 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

Risk Management

Matters relating to the administration of Council’s Code of Conduct have potential to affect the reputation of Council.

Financial Considerations

As detailed above, the relevant cost of dealing with code of conduct complaints within the period was $4,877.00.

Social Considerations

Not relevant

Environmental Considerations

Not relevant

Community Consultation

Not relevant

Internal Consultation

Not relevant

Summary

Under the Model Code of Conduct framework, a report on a range of complaints statistics must be provided to Council and the Division of Local Government. The relevant statistics are contained in this report.

The statistics contained in this report have been provided to the Division of Local Government in accordance with clause 12.2 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

Recommendation:

A. That the report pursuant to Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be received and noted.

Jamie Taylor

Corporate Lawyer

John McKee

General Manager

Ordinary Meeting of Council - 12 December 2017	GB.2 / 38

Item GB.2	CY00259/9
	27 November 2017

Christmas/New Year Recess Delegations 2017/2018

EXECUTIVE SUMMARY

purpose of report:	To grant appropriate Delegations during the Christmas/New Year recess period for 2017/2018.

background:	Council at its meeting of 14 November 2017 adopted a meeting cycle for 2018. Council’s last meeting of 2017 will be held on 12 December 2017 with the first meeting of 2018 being held on 6 February 2018. Thereby delegations are required to be granted during the Christmas/New Year recess period for 2017/2018.

comments:	The Christmas/New Year recess period is from the last Council meeting on 12 December 2017 until meetings resume on 6 February 2018. During this period, it is customary to grant Delegated Authority to the Mayor, Deputy Mayor and the General Manager.

recommendation:	The appropriate Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2017/2018.

Purpose of Report

To grant appropriate Delegations during the Christmas/New Year recess period for 2017/2018.

Background

Council at its meeting of 14 November 2017 adopted a meeting cycle for 2018. Council’s last meeting of 2017 will be held on 12 December 2017 with the first meeting of 2018 being held on
6 February 2018. Thereby delegations are required to be granted during the Christmas/New Year recess period for 2017/2018.

It is customary for Council to grant appropriate Delegations of Authority to the Mayor, Deputy Mayor and to the General Manager during this recess period.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

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.

Ensure effective and efficient conduct of Council and committee meetings for the benefit of councillors and the community.

Comments

The Christmas/New Year recess period is from the last Council meeting on 12 December 2017 until meetings resume on 6 February 2018. During this period, it is customary to grant Delegated Authority to the Mayor, Deputy Mayor and the General Manager.

These Delegations of Authority will assist in the smooth functioning of the Council during the Christmas/New Year recess for 2017/2018.

Governance Matters

It is Council’s usual practice to grant delegated authority to exercise all powers, authorities, duties and functions of Council, except those set out in Section 377 of the Local Government Act 1993, during the Christmas/New Year period. This year that period is from the13 December 2017 to
5 February 2018.

Risk Management

There are no major risks associated with the recommendations in this report.

Financial Considerations

There are no financial considerations associated with this report.

Social Considerations

There are no social considerations associated with this report.

Environmental Considerations

There are no environmental considerations associated with this report.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Summary

These Delegations of Authority will assist in the smooth functioning of the Council during the Christmas/New Year recess for 2017/2018.

Recommendation:

A. That the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2017/2018 as follows;

1. That the Mayor (Councillor Jennifer Anderson), the Deputy Mayor (Councillor Callum Clarke), and the General Manager (John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 13 December 2017 to 5 February 2018, subject to the following conditions:

a. Such powers, authorities and functions may only be exercised by unanimous agreement between the Mayor, Deputy Mayor and General Manager.

b. Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 6 February 2018.

B. That consultation, subject to their availability, be held with Ward Councillors on matters where they would normally be contacted, before delegation is exercised.

Christine Dunand

Team Leader Governance

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 12 December 2017	GB.4 / 45

Item GB.4	S11738-1
	11 October 2017

NSW Department of Education and Ku-ring-gai Council Joint Use Project Proposals

EXECUTIVE SUMMARY

purpose of report:	To update Council of the status of discussions with the NSW Department of Education on the Joint Use Project Proposals for community use of school facilities at Ku-ring-gai High School, St Ives High School and the Lindfield Learning Village and to prioritise the projects.

background:	Council previously resolved to enter into an “in-principle” agreement with the NSW Department of Education (DoE) for the three above mentioned locations. As these projects are currently generally unfunded in the current or future Council budgets and all have varying attributes and costs it is considered that Council is best to prioritise the opportunities and to engage with DoE around Council’s contributions to funding. Councillors had the opportunity to attend a presentation from DoE on these projects on 20 November 2017.

comments:	The proposals will allow for joint use of various facilities such as indoor sports, sports courts, a hockey and synthetic field at Ku-ring-gai High School and a synthetic football field at St Ives High School. At Lindfield Learning Village the proposal would see Council having access to a gymnasium, auditorium and other rooms. The proposals will provide for additional sporting and cultural facilities and make better use of facilities in school grounds. The proposals do require capital contributions from Council and at this stage, funding has not been allocated in the current or future Council budgets.

recommendation:	That Council prioritises the delivery of the three projects as per the report and advise the NSW Department of Education of these priorities, and that a further report on funding be brought back to Council early next year.

Purpose of Report

Background

Council at its meeting of 10 May 2016, resolved to enter into an “in-principle” agreement with the Department of Education (DoE) for the Lindfield Learning Village for community use of various facilities on the site. Then at its meeting of 13 June 2017, Council adopted to enter into an “in-principle” agreement with the DoE for both Ku-ring-gai High School and St Ives High School for community use of various facilities on these sites.

As these projects do require capital contributions from Council and at no stage has funding been identified in current or future Council budgets, Council has been investigating the use of S94 funds for part of the funding. This is discussed further in the comments section.

Councillors had the opportunity to attend a presentation from DoE on these projects on 20 November 2017. A copy of this presentation can be found at Attachment A1 to this report.

The basis of any agreement with DoE is that Council will in effect be making a cash contribution up front towards the construction costs and then will be responsible for most of the maintenance of the facilities. Generally, out of school hours, Council can then let the facilities out to sporting clubs consistent with what we do with our other ovals and sporting facilities. This rental income then covers Council’s maintenance costs, plus in the long term it is envisaged that the centres would be self-sufficient or even have potential for making a profit. By way of example the Brickpit at Thornleigh (a four court facility) which is operated by Hornsby Council is understood to make a profit of $200,000 pa.

DoE has entered into Joint Use Projects with other councils throughout the State and is looking to expand the program to other schools in the Ku-ring-gai area; those being Ku-ring-gai High School, St Ives High School, and the Lindfield Learning Village.

Council understands that currently agreements are in place with the following councils:

· Armidale

· Parramatta

· Ballina

· The Hills

· Cootamundra – Gundagai

· Weddin Shire

· Camden

· Hill Tops

Both Ballina and the Hills are in the construction phase.

Comments

Several issues must be considered in regard to this report. They are:

· Seed funding from the Infrastructure and Facilities Reserve;

· funding and any use of S94 monies;

· other sources of funding;

· NSROC Regional Sportsground Strategy Review;

· the merits of each proposal;

· investigations to date;

· other matters;

· proposed forward path.

Seed funding from the Infrastructure and Facilities Reserve

Currently no funding has been identified for these projects. This report is seeking seed funding of $60,000 to facilitate the preparation of expert reports to further assist Council in any decision making process. It is proposed that this funding be transferred from Lindfield Soldiers Memorial Park Playground (PW107158) in the current financial year and reallocated back to the project as part of the 2018 – 2019 annual budgeting process.

Funding and any use of S94 monies

Council’s current s94 plan, Ku-ring-gai Contributions Plan 2010 identifies a “new hockey field and multi-purpose sports field” at what is now the former nursery site at St Ives. The total cost of this is identified as $5,355,000 in 2009 dollars. As the total dollar value is proportional to the total population which means that a maximum of 16.75% ($896,962) can be funded from development contributions and the remainder would need to come from other sources.

Project Bid 000175 for the St Ives Indoor Sports Facility also on the former nursery site at St Ives identifies a similar project to what is contemplated at St Ives High School. Currently this project would also rely on external funding.

Council has sought legal advice on the validity of using S94 funds for these projects. The two issues regarding the use of S94 are whether they can be used for facilities that are not owned by Council and whether money can be used for these projects that are not currently identified in Council’s Section 94 plan.

In summary the advice suggests that as Council would control the facilities, S94 monies could potentially be used, however, Council’s S94 plan should be amended to specifically identify works that are proposed to be carried out on the DoE land.

Beyond what can or should be done legally, there are other administrative realities to consider. There are administrative limitations on the quantum and scope of s94 contributions imposed by Ministerial Direction. Most development contributions in NSW are capped at a maximum of $20,000 per dwelling authorised by any given consent. While Ku-ring-gai enjoys an exemption from this cap, within the identified higher density areas in and adjoining the Local Centres, outside of these areas, the contributions remain capped giving rise to a shortfall. The basis for Ku-ring-gai’s partial exemption from the cap imposed by the s94E Direction is that the existing contributions plans were “grandfathered” in particular relation to their inclusion of community facilities floorspace as well as the quantum of contributions exceeding the cap and rolled into a consolidated contributions plan such as Ku-ring-gai Contributions Plan 2010. Other LGAs wishing to levy above the cap – or to seek additional funding from the government to cover the shortfall caused by the cap – are required to submit their Contributions Plans to IPART for assessment against the Essential Works List. The Essential Works List specifically excludes community and recreation floorspace from the works leviable under s94 for contributions that exceed the cap. Accordingly, the allocation of development contributions under S94 is not considered realistic at this stage.

Other sources of funding

Other sources of funding may be obtained through grants from various sporting bodies such as Hockey NSW and Basketball NSW. Only preliminary discussions have been held with these sporting bodies on potential funding.

NSROC Regional Sportsground Strategy Review

Otium Planning Group (OPG) was engaged by Northern Sydney Region Organisation of Councils (NSROC) to review the Regional Sportsground Management Strategy prepared in 2011. This report serves as an update to the previous strategy with a focus on analysing future demand for the provision of sportsgrounds in the Region.

This study has confirmed the gap between demand and supply of sportsgrounds in the NSROC area. The future gap between demand and supply has been estimated in view of future population growth and potential increases in sportsground capacity.

It is acknowledged that forecasting demand over a long period has its limitations and changes in trends/demands will take place over this time which will alter current forecasts. Nevertheless, the gap is such that even if all identified initiatives were employed in the short term, a gap is still likely to be evident in 2026 which will only escalate further by 2036. Therefore, the overall aim should be to implement as many of the initiatives as possible within the next 5 years and monitor subsequent outcomes and changes in demand and develop/refine the analysis and strategy accordingly.

Ku-ring-gai represents a population of 123,500 (21%) of the NSROC population. Ku-ring-gai provides 63.6 hectares of playing space (average site area of 1.01 hectares) which equates to 27% of NSROC playing space. A winter season field allocation analysis showed that the proportion that each field/area is allocated is either over capacity (numbers rounded) 33%, at capacity 26% or within10% of capacity 14%. This shows that 73% of fields/areas are either over, at or within 10% of their identified practical capacity benchmark.

The review presents models to estimate future demand and supply in order to define the gap, identify and quantify possible methods to address shortfall and provide direction for future actions. Essentially, given that there is an existing gap in supply and demand, in order to meet future demand the supply/capacity of sportsgrounds would need to increase by approximately 26% by 2026 and 40% by 2036.

Whilst the shortfalls in supply are usually expressed as land areas, a number of measures can contribute to address the shortfall in supply of sportsgrounds. They could include the following:

· partnerships with schools;

· improving the carrying capacity of existing sportsgrounds i.e. new or upgraded lighting, upgrading drainage/surface quality;

· additional synthetic surfaces;

· acquiring/securing additional land for new developments;

· acquiring or securing other spaces i.e. Crown land, multi-use courts;

· converting existing open space to playing fields;

· resource management; and

· new technology.

In partnership with the DoE, a preliminary review of 88 school sites in the NSROC region (two of which being St Ives High School and Ku-ring-gai High School in Ku-ring-gai) was conducted to identify any potential for increased use of school sportsgrounds. The review identified grounds with the potential to accommodate at least either a full size or a ‘three quarter’ sized football field. Sites already being managed by councils or used regularly by sporting groups were filtered out of the list. This left 29 potential fields (10 full size and 19 three-quarter size) that could be considered for shared use.

The equivalent of 14.5 hectares could be gained through the use of existing school facilities (not currently being used). The main opportunities appear to be in the Hornsby LGA followed by Ku-ring-gai and Ryde. The potential yield from these facilities could be boosted by the use of synthetic surfaces which may also be necessary in some cases to ensure the sustainability for school and after hours use.

An initial review of options to increase the capacity of council grounds and increase the use of school grounds identifies an opportunity to increase capacity by 22% (yield the equivalent of 52 hectares of playing space). This is considered an optimistic outcome and, despite this, it is still short of the two targets (equivalent of being 10 hectares short in 2026 and 44 hectares short in 2036).

As noted, the demand and supply analysis suggest that the shortage in supply cannot be met by 2026 even if all identified opportunities are successfully employed. Beyond this, effective and viable opportunities to increase capacity will be scarce. Therefore, the ability to address the residual shortfall in 2026 and then the additional shortfall created by further population growth to 2036 is limited. This requires serious consideration and action through long term planning to create opportunities to meet future demand.

Therefore, the overall aim should be to implement as many of the initiatives as possible within the next 5 years and monitor subsequent outcomes and changes in demand and develop/refine the analysis and strategy accordingly.

Use of school fields represent the ‘low hanging fruit’ that can be acted on in the short term whilst areas where new grounds can be established may be longer term. However, these initiatives can be further augmented (i.e. additional capacity potential) through consideration of synthetic sports surfaces where possible.

Investigations to date

Council also engaged OPG to prepare preliminary operating models for sporting facilities at all three sites. Modelling of the auditorium and dance studios was not done as it is considered that there is no benefit in Council taking on an auditorium and dance studios. Should Council wish this area to be investigated further it can be included in the further reports that are recommended to be undertaken.

A copy of the OPG report can be found at Attachment A2. When reading these reports it must be remembered that no allowances have been made for asset renewal, depreciation or debt servicing. The facilities will not become assets of Council and whilst Council will be responsible for day-to-day maintenance finer details of this have not been fully quantified and asset renewal will not be a responsibility of Council. Likewise any debt funding will be dependent on the final funding situation for any particular project.

The merits of each proposal

Lindfield Learning Centre

Pros

In addition to the single court there are also dance studios which could accommodate a number of community groups seeking indoor space along with an auditorium. The demand on Council community buildings would suggest that this space would be actively utilised by the community.

Cons

A single court limits the potential for training or competition use and is likely to attract only small competitions, training or other recreation and/or community uses.

The indoor court at LLC is limited by its capacity and accessible hours (6pm onwards) and therefore, it may be more appropriate for DoE to have overall management responsibility with agreed access for KMC/community after this time.

The increase of school use of Charles Bean would be approximately 75% above the current levels and the impact of flat soled shoes mean that the surface replacement will decrease from 10 years to 5 years. Cleaning and scheduled maintenance will also increase by 100%. This could be managed by contributions to renewal and maintenance from DoE.

If the auditorium was included in the joint usage agreement there is the potential that this facility could be underutilised throughout the year.

Summary

This proposal offers little value to Council. Operationally managing a single court facility would be expensive.

Ku-ring-gai High School

Pros

Council has considered building a hockey field at the former Nursery site. A joint use or a lease agreement with a sub-lease to hockey of the synthetic hockey field would be a far cheaper option to Council than if we were to build our own.

Council has access to another synthetic field for 22.5 hours per week for training and 17 hours of competition on weekends. This will not only provide greater access to community sporting groups but it will also alleviate the wear and tear on surrounding natural grass fields.

It may be possible to add additional facilities to increase potential revenue and expand the program to include other sports i.e. outdoor netball courts.

Provision of two indoor courts would deliver access primarily for training to the netball community and other sports such as volleyball, badminton and table tennis

Cons

The indoor courts at KHS are limited by the capacity and accessible hours (6pm onwards) and therefore, it may be more appropriate for DoE to have overall management responsibility with agreed access for KMC/community after this time.

The increase of school use of the synthetic sports field (non-hockey field) would be approximately 75% above the current level (as per Charles Bean) and the impact of flat soled shoes mean that the surface replacement will decrease from 10 years to 5 years. Cleaning and scheduled maintenance will also increase by 100% similar to Charles Bean.

The centre is expected to operate at a deficit ranging from $29,713 in year 1 to $14,817 in year 10 as per the report prepared by Otium.

KHS is relatively isolated from the general population of Ku-ring-gai and there are already substantial traffic issues on the weekends along Bobbin Head Road.

Summary

With some amendments to the proposal and a potential expansion of the two court facility to a four court facility the centre would become more viable. However, as this would be way in excess of DoE’s requirements this would require substantial funding from an alternate source.

Location wise this would not be Council’s first preference.

St Ives High School

Pros

The provision of a four court indoor sports centre available to the Ku-ring-gai community. Similar to the hockey field at KHS, the JUP with DoE allows for the delivery of this facility at a far cheaper cost to Council than if Council was to do these ourselves.

It may be possible to add additional facilities to increase potential revenue and expand the program to include other sports i.e. cricket nets.

A four court facility is an attractive proposition for a commercial operator to manage the facility on behalf of Council.

The centre is expected to initially operate at a deficit and then operate at a surplus ranging between $11,524 in year 2 to $62,945 in year 10, as per the report prepared by OPG. This model is consistent with industry trends which show that a four court centre is typically operationally self-sufficient. In fact, this forecast is likely to be conservative given the preliminary nature of the project. By way of comparison, the Brickpit in Thornleigh (4 court facility operated by Hornsby Council) is operating at an annual surplus of over $200,000 per annum.

The site is centrally located within Ku-ring-gai.

Cons

The increase of school use of the synthetic sports field would be approximately 75% above the current level (as per Charles Bean) and the impact of flat soled shoes mean that the surface replacement will decrease from 10 years to 5 years. Cleaning and scheduled maintenance will also increase by 100% similar to Charles Bean.

The added cost to Council associated with the provision of car parking at the site which will be expensive.

Summary

This site is centrally located and the four court facility is financially the most attractive.

Other matters

The use of these sites may also result in a review of the Masterplan of the St Ives Showground as some of these facilities were proposed in the current Masterplan.

Whilst Council would be taking on the responsibility of running these centres, particularly with sports fields, it must be remembered that Council would enjoy the benefits of new sporting facilities without the total cost of construction and more importantly the cost of the land.

Proposed due diligence

The typical steps in developing a feasibility study for any of the Joint Use Projects with DoE of would be as follows:

· Background Review and Preparation;

· Market Analysis and Research;

· Develop Strategic Direction;

· Business Model and Concept Development;

· Plan Review and Development; and

· Final Reporting.

The final scope of further studies would be dependent on what information is already available from DoE including concept designs and costs.

Upon completion of these studies Council can then confirm the initial studies, the order of priority and its desire to proceed.

Proposed forward path

Council previously resolved to enter into “in-principle” agreements with the DoE for the three locations. These projects are currently unfunded and to do all three would be a cost impost that Council would not be able to bear without significantly cutting other projects or putting Council into an unacceptable financial position. Initial advice has indicated that each project has its own positives and negatives. The order of priority for Council should be:

1. St Ives High School as proposed;

2. Ku-ring-gai High School but with a four court facility instead of a two court facility;

3. Lindfield Learning Centre.

LLC is at the bottom of the list and it is not recommended that Council continues pursuing this project. As it is acknowledged that DoE will be relying on access to Charles Bean Sports Field it is suggested that this can be achieved through a licence to DoE whereby the licence fee would reflect the accelerated wear and tear on the field due to the schools use. This licence fee would then fund the early replacement or repair of the playing surface.

However, the LLC offers so little to Council, unless the project is on a cost neutral basis for Council it is not recommended that Council proceed.

Prior to Council finally committing to the expenditure of capital costs and entering into any final contracts more due diligence (which is outlined above) works needs to be undertaken. However, DoE is seeking to commence design works early in 2018.

It is therefore recommended that subject to external funding becoming available and further financial modelling Council give in principal support to the St Ives High School Project.

It is also recommended that that Council express a commitment to DoE to work with them on the delivery of the Ku-ring-gai High School facility should sufficient external funding become available.

Additionally that Council advises DoE that it does not wish to pursue the Lindfield Learning Centre project. However, Council is willing to offer a Licence to DoE for the use of Charles Bean Sports Field at a fee which would reflect the accelerated wear and tear that it will receive from the additional use by the school.

In the meantime Council can commence further detailed studies to allow a fully informed decision to be made.

integrated planning and reporting

P6.1.1 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Partnerships are established with community groups and organisations to optimise the availability and sporting, recreation and leisure facilities.	Engage with community partners to improve Council’s sporting and recreational facilities.	Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Partnerships are established with community groups and organisations to optimise the availability and sporting, recreation and leisure facilities.

Engage with community partners to improve Council’s sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

Should Council wish to proceed with the public use of the facilities, the DoE will undertake all the planning and procurement for the works required.

Risk Management

At this stage, the ongoing operational costs of the facilities have not been fully estimated. Further work is required to determine the estimated difference between revenues and expenses.

Therefore, further negotiation is required for both capital and operational costs associated with the joint use of the facilities.

Financial Considerations

No funding has been provided in the Delivery Program or Long Term Financial Plan for these works and the operational costs associated with these facilities have not yet been fully calculated. The scale and size of the works may need to be scaled down and built in stages to avoid the high initial costs and Council’s contributions. However, a staged approach may be more expensive for Council in the future.

Further discussions will need to be held with the various sporting groups to ascertain what funding may be available from other sources.

Council’s financial sustainability in the future requires a focus on renewing and maintaining existing assets and these DoE proposals have not been part of Council’s long term planning. Proceeding with any of these projects is only feasible in terms of Council’s financial sustainability if external funding is secured for the capital costs and the ongoing operating costs are neutral to Council.

Social Considerations

The inclusion of community use of the facilities will provide increased social and cultural venues for the community and enable better utilisation of facilities.

Environmental Considerations

Environmental considerations will be taken into account in the documentation and design of the various upgrades to the facilities and the approval process.

Community Consultation

Further consultation is required with sporting bodies and the intended future users and possible sources of funding. It is not intended to consult with the broader community as a whole because Council is in effect only becoming a tenant of DoE.

We have been advised that DoE would use their standard approval process under the Infrastructure SEPP for these projects.

Internal Consultation

Staff from Finance, Community, Strategy and Environment and Operations have been involved in the discussions and planning with the DoE representatives.

When further details are known, staff from Finance will be consulted on the likely financial implications associated with any joint use arrangement.

Summary

Council at its meeting of 10 May 2016 resolved to enter into an “in-principle” agreement with the DoE for the Lindfield Learning Village for community use of various facilities on the site. Then at its meeting of 13 June 2017, Council adopted to enter into an “in-principle” agreement with the DoE for both Ku-ring-gai High School and St Ives High School for community use of various facilities on these sites.

The proposals will allow for joint use of various facilities such as indoor sports, sports courts, a hockey and synthetic field at Ku-ring-gai High School and a synthetic football field at St Ives High School.

The proposals will provide for additional sporting facilities and make better use of sporting facilities in school grounds.

The proposals do require capital contributions from Council and at this stage, funding has not been allocated in the current or future Council budgets.

The projects are unfunded and funding may be obtained from external sources including but not limited to grants from the various sporting bodies such as Hockey NSW and Basketball NSW. Only preliminary discussions have been held with these sporting bodies on the potential funding.

It is recommended that Council advise the NSW Department of Education that subject to external funding becoming available and further financial modelling and design development, of its “in-principle” support for the Joint Use Project Proposals at St Ives High School as its first priority and then as a second priority Ku-ring-gai High School.

Additionally Council will advise the NSW Department of Education that it is not interested in pursuing the Joint Use Project Proposal at Lindfield Learning Centre but would consider granting them a licence for the use of Charles Bean Field during school hours on the basis of the accelerated wear and tear and maintenance costs being reflected in any licence fees.

To allow further finical studies and modelling to be carried out this report is also seeking allocate $60,000 to facilitate the preparation of expert reports to further assist Council in any decision making process by transferring this money from Lindfield Soldiers Memorial Park Playground (PW107158) in the current financial year and the amount be reallocated back to the Lindfield Soldiers Memorial Park Playground project as part of the 2018 – 2019 annual budgeting process.

Recommendation:

That Council:

a) advises the NSW Department of Education, that subject to external funding becoming available and further financial modelling and design development, of its “in-principle” support for the Joint Use Project Proposals at St Ives High School as its first priority and then as a second priority Ku-ring-gai High School.

b) advises the NSW Department of Education that it will not be pursuing the Joint Use Project Proposal at Lindfield Learning Centre but would consider granting them a licence for the use of Charles Bean Field during school hours on the basis of the accelerated wear and tear and maintenance costs being reflected in any licence fees.

c) carries out further studies into the feasibility, capital and operational costings of the St Ives High School and the Ku-ring-gai High School projects.

d) allocates $60,000 to facilitate the preparation of expert reports to further assist Council in any decision making process by transferring this money from Lindfield Soldiers Memorial Park Playground (PW107158) in the current financial year and the amount be reallocated back to the Lindfield Soldiers Memorial Park Playground project as part of the 2018 – 2019 annual budgeting process.

e) a further report be brought back to Council early in 2018.

Guy Thomas

Acting Open Space, Sports & Recreation Planner

Ian Dreghorn

Manager Strategic Projects

Andrew Watson

Director Strategy & Environment

Attachments:	A1	DoE - Schools Community Planning presentation on 20 November 2017		2017/340086
	A2	Otium report - Joint Use Preliminary Operating Models		2017/341016

Ordinary Meeting of Council - 12 December 2017	GB.5 / 56

Item GB.5	S11423
	20 October 2017

Post Office Lane - Pymble Draft Voluntary Planning Agreement - Exhibition Report

EXECUTIVE SUMMARY

purpose of report:	To provide an update on the draft Planning Agreement associated with Development Application DA0039/16 for 1017 Pacific Highway, Pymble.

background:	Council’s Plans make provision for the widening of Post Office Lane, Pymble to achieve improved access and amenity for pedestrians. Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the streetscape works but does not levy for the cost of land acquisition, seeking the land by dedication. The developments retain the floor space potential of the land required for widening allowing landowners to utilise the floor space on the remainder of the site facilitating the dedication of the road widening land free of cost.

comments:	This report provides an overview of the Post Office Lane widening and through-site link with the proposed public domain improvements, and recommends the exhibition of the draft Planning Agreement to formalise the land dedication to facilitate the widening of Post Office Lane.

recommendation:	That the draft Planning Agreement together with its Explanatory Note for 1017 Pacific Highway, Pymble, be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

Purpose of Report

To provide an update on the draft Planning Agreement associated with Development Application DA0039/16 for 1017 Pacific Highway, Pymble.

Background

The site at 1017 Pacific Highway, Pymble along with frontage to the Pacific Highway also has rear access to Post Office Lane.

Development Application DA0039/16 for the demolition of existing buildings and construction of a mixed use development comprising two commercial tenancies, 14 shop top housing units with basement car parking and associated strata subdivision on the subject site, was approved by the Land and Environment Court on 2 February 2017.

The Local Centres Development Control Plan (DCP) and Ku-ring-gai Public Domain Plan 2010 (see extract below) make provision for the widening of Post Office Lane for improved vehicular access and pedestrian amenity, and also for the through-site link for improved connectivity.

Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the streetscape works but not for the acquisition of the land. The consistent approach in respect of narrow, linear and/or small parcels of land is that the development potential from the area of land required for the widening is relocated to the remainder of the development site and therefore not lost to the landowner. This allows the landowner to dedicate the land free of cost to Council, by retaining the value of the development potential, and for the broader public benefit to be obtained in the most cost-effective manner.

Comments

This report provides a general overview of the Post Office Lane widening and through-site link with the proposed public domain improvements. It recommends the exhibition of the draft Planning Agreement and associated Explanatory Note for 1017 Pacific Highway, Pymble, for the purpose of formalising the land dedication to facilitate the widening of Post Office Lane.

Overview of the Strategic Planning Concept

Pymble Local Centre, one of the smaller local centres in Ku-ring-gai, is located 16km north-west of the Sydney CBD. Pymble’s constraints and opportunities are well-documented in relevant sections of the Ku-ring-gai Local Centre DCP (Part 14C) and Council’s Public Domain Plan. The centre has many positive attributes including being serviced by the Pymble Railway Station, an interesting street system with a number of laneways, a large beautifully treed park (Robert Pymble Park), and a number of interesting buildings, including some that are heritage-listed.

The centre does, however, also adjoin the Pacific Highway which is often congested, especially during peak times, and there is a general lack of pedestrian amenity and connectivity. Poor accessibility is most pronounced for residents living on the opposite side of the Pacific Highway, including in multi-storey buildings to the south-west. Workers in Pymble Business Park and visitors to the Ku-ring-gai Town Hall, which supports a number of community activities and classes, and students of Pymble Ladies College, in particular, experience the lack of connectivity to the main retail area and the train station.

Council’s current strategic planning objectives for the local centre aim to improve the amenity and connectivity of the centre by laneway widenings, shared zones, and new vehicular and pedestrian linkages, as well as new street plantings and the co-ordinated paving of public space. As the centre does not have a supermarket, the improvements to connectivity involving an augmentation of the street system to improve vehicular access, could ultimately be highly effective in attracting a small supermarket to the area, which could potentially trigger further activation.

The proposed through-site link from the Pacific Highway to Post Office Lane, on the subject site, will be a public walkway through private land with a lift to facilitate disabled access. The walkway will be fully maintained and operated by the property owner and will be available for public access. The property owner will retain full public liability and maintenance obligations for the through-site link – noting that the upkeep of this link is essential to the future viability of the small commercial premises on the site. This proposed link will be created as an easement under the Conveyancing Act 1919.

Due to technical and practical issues concerning the exact area to be included within the easement (the original physical description of the affected area as per the Land and Environment Court consent suggested that the easement might pass through the lift access which requires some adjustment). As such the draft technical plan of this easement has not yet been finalised for inclusion in this report, but must be included prior to the commencement of exhibition.

Given that this is the final OMC for 2017 however, it is important that the matter be reported to permit exhibition to commence as soon as the final concept plan is received. It is noted that the easement is described within the draft Planning Agreement and forms part of an endorsed Development consent which is in the public realm. In the event the plan is received before the Council meeting, it will be separately circulated to Councillors for information.

The proposed road widening is approximately two metres of land along the rear frontage of the property to Post Office Lane, which will ultimately become part of public domain improvements to Post Office Lane when further dedications have been delivered. The concept design of these improvements has not yet been undertaken by Council, but the intention to widen and upgrade the laneway has been in the Development Control Plans for the local centres since they were first adopted in 2010. The area of land required for road widening is shown on the draft survey plan at Attachment A1.

The original letter of offer from the then landowners formed part of the Land and Environment Court Consent of February 2017. This letter of offer was reported to Council as part of the Contributions Update Report of 23 May 2017 where Council resolved as follows:

B. That the formal offer to enter into a VPA from the development backing on to Post Office Lane in Pymble be noted and delegation be granted to the General Manager or his nominee to progress the matter in line with Council’s adopted Strategic Planning documents until it is ready for reporting for exhibition.

C. That Council endorses staff undertaking an active role to facilitate the dedication of land for road widening along laneways identified in Council’s adopted Strategic Planning documents including Ku-ring-gai Development Control Plan, Ku-ring-gai Public Domain Plan 2010 and/or Ku-ring-gai- Contributions Plan 2010 ahead of formal notification of an offer to enter into a Voluntary Planning Agreement.

The subject property has very recently been on-sold. Noting that the Land and Environment Court consent contains provisions relating to the timing of the execution of the Voluntary Planning Agreement relative to the date of the Construction Certificate which bind the new owners, Council has pursued the matter of the draft Planning Agreement to facilitate, as far as possible, ensuring these provisions are met. In this context, extended exhibition over the Christmas-New Year period still allows for a post-exhibition report in late February. If this matter was not presented for exhibition until February, then the 28 day statutory exhibition required for all draft VPAs could not be completed until March or April, delaying a post-exhibition report to April or May 2018 (which is almost six months away). This outcome is not ideal for either party, including Council.

The new owners have provided an initialled and signed copy of the original letter of offer to confirm their acceptance of the terms. They have also endorsed the draft Voluntary Planning Agreement in principle for exhibition purposes. This document, together with its Explanatory Note (within the document) is Attachment A2 to this report.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan 2010 ensures new development contributes towards the cost of delivering supporting infrastructure

P4.1 Our centres offer a broad range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community

C6.1.2.1.2:C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service, and address intergenerational equity

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku‑ring‑gai.

A network of safe and convenient links to local centres, major land uses and recreational opportunities is in place

T.1.1.3.1.1

Link roads and road widening.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region.

As above

Theme Six: Leadership and Governance

Community Strategic Plan

Long Term Objective

Delivery Programme

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial resources and assets to maximise delivery of services

Council expenditure satisfies the needs of the community and Council has increased its commitment to infrastructure asset management priorities

C6.1.1.1.2

Council is leveraging the value of its assets to combine with contributions to deliver major community assets.

Governance Matters

The negotiation of the draft Planning Agreement (draft VPAs) commenced under Council’s original Ku-ring-gai Planning Agreement Policy 2008 and continued after the adoption of Ku-ring-gai Planning Agreement Policy 2016.

The draft VPAs have been prepared with input from Urban Planning, the Property Unit and the Corporate Lawyer. Council appointed Wilshire Webb Staunton Beattie Lawyers to act on its behalf, the firm which also had carriage of the three Fitzsimons Lane Planning Agreements.

The new owners of the site at 1017 Pacific Highway are Fortis Development (Pymble) Pty Ltd, represented by William Roberts Lawyers. Council proactively facilitated the drafting of the Planning Agreement on the same core template as the Fitzsimons Lane Planning Agreements to facilitate the timing of its completion concurrent with these similar matters.

It should be noted that the site has only recently changed ownership, with settlement taking place early in November 2017, however there is a timing relationship between the Planning Agreement and the Construction Certificate under the conditions imposed by the Land and Environment Court which makes it in the interests of both parties to ensure the exhibition commences in a timely manner.

Risk Management

Council has commissioned an external legal team, Wilshire Webb Staunton Beattie, to assist with the drafting of the Planning Agreement. This firm has also been Council’s legal team for the three Fitzsimons Lane Planning Agreements.

Financial Considerations

The strategic planning for the widening of Post Office Lane foreshadowed that the associated development retain the opportunity to utilise the floor space potential of the land to be dedicated thus negating its market value. This is a cost effective means of facilitating the dedication of land free of cost.

There will be a future cost associated with the design and delivery of the works in Post Office Lane however more sections of the required road widening will need to be acquired by Council before it is practical to make a start on the delivery of improvement works to Post Office Lane.

Social Considerations

The progressive dedication of narrow strips of land along Post Office Lane, in addition to the dedication of part of 1017 Pacific Highway, is necessary to ultimately achieve the road widening and associated improvements which have been identified as desirable in the strategic planning.

The improvements will support the activation of the Lane with positive associated social impacts such as encouraging the establishment of more active ground level uses, more social activity and interaction, better amenity and safety arising from greater surveillance.

Environmental Considerations

The draft Planning Agreement now proposed for exhibition involves the dedication of land for the purposes of the laneway widening as well as the public access way adjacent to the northern boundary of the private development, creating a link from the Pacific Highway directly through to Post Office Lane.

The new development will be delivered subject to a range of conditions in the Development Consent to ensure protection of the environment including conditions to control construction noise, conditions to control dust and stormwater runoff, and waste management.

Environmental considerations are a core component of the detailed design of all Council’s public domain improvement works, such that in the case of the subject site, it will be necessary to wait until more of the laneway can be widened, before works can be scheduled.

Community Consultation

The relevant legislation governing Planning Agreements falls under the Environmental Planning and Assessment Act 1979 (Division 6 Development Contributions – Subdivision 2 Planning Agreements) and the Environmental Planning and Assessment Regulation 2000 (Part 4 Development Contributions – Division 1A Planning Agreements).

All draft planning agreements are to be exhibited for a minimum of 28 days for public comment. This is in the interests of openness and transparency because any submissions made will be reported back to Council for consideration as part of the decision as to whether Council should enter into the formal planning agreement. All exhibitions that include the Christmas-New Year period are extended well past the statutory minimum periods.

This report proposes the statutory public exhibition of the draft Planning Agreement and associated Explanatory Notes relating to 1017 Pacific Highway, for public comment. A report will be brought back to Council following the completion of that exhibition.

Internal Consultation

Staff members from Urban Planning, the Property Unit and the Corporate Lawyer have been directly involved in this matter. Council appointed Wilshire Webb Staunton Beattie Lawyers to act on their behalf. All parties involved in the process are now satisfied that the draft VPA is ready to be placed on public exhibition.

Summary

Council’s Plans make provision for the widening of Post Office Lane to achieve improved access and amenity especially for pedestrians. Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the streetscape works but does not levy for the cost of land acquisition, seeking the land by dedication. The developments retain the floor space potential of the land required for widening allowing landowners to utilise the floor space on the remainder of the site facilitating the dedication of the road widening land free of cost.

The draft Planning Agreement and Explanatory Note relating to 1017 Pacific Highway, Pymble, is now ready to be placed on public exhibition for public comment. It should be noted that resolving to exhibit a draft planning agreement does not bind Council to enter into that planning agreement, as this requires a separate report following the statutory exhibition period.

Recommendation:

A. That public notice of the exhibition of the draft Planning Agreement and associated Explanatory Note relating to the property at 1017 Pacific Highway, Pymble, for the purpose of facilitating land dedication along the rear frontage of the property to Post Office Lane and for the purpose of providing public access between the Pacific Highway and Post Office Lane, be duly given, and a copy of those documents be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979, and the Environmental Planning and Assessment Regulation 2000.

B. That a report be brought back to Council following the completion of the statutory exhibition process.

C. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (inclusive of attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Draft Plan of Subdivision for Road Widening		2017/337321
	A2	Draft Voluntary Planning Agreement and Explanatory Note for 1017 Pacific Highway Pymble		2017/342731

Ordinary Meeting of Council - 12 December 2017	GB.6 / 63

Item GB.6	S11022
	27 October 2017

Council Submission Draft Greater Sydney Region Plan 2056 & Future Transport 2056 and Revised Draft North District Plan.

EXECUTIVE SUMMARY

purpose of report:	To have Council consider a submission on the Revised Draft Greater Sydney Region Plan 2056 and aligned Future Transport Plan 2056 and the Revised Draft North District Plan 2056.

background:	Following an initial exhibition period from November 2016 to March 2017, the Greater Sydney Commission has now revised three key documents on the future planning for Sydney for final comment.

comments:	This report sets out Council’s submission on the revised draft plans.

recommendation:	That Council endorses the submission on the revised draft plans.

Purpose of Report

To have Council consider a submission on the Revised Draft Greater Sydney Region Plan 2056 and aligned Future Transport Plan 2056 and the Revised Draft North District Plan 2056.

Background

Greater Sydney Region Plan - A metropolis of three Cities

The revised Our Greater Sydney 2056 A Metropolis of Three Cities outlines how Greater Sydney will manage growth and change and guide infrastructure delivery – See Attachment A1 Our Greater Sydney 2056 - A Metropolis of Three Cities Overview. It sets the vision and strategy for Greater Sydney, to be implemented at a local level through District Plans. Importantly, and for the first time, the draft Greater Sydney Region Plan has been prepared in conjunction with the NSW Government’s Future Transport 2056 Strategy and informs Infrastructure NSW’s State Infrastructure Strategy providing full integration of land use, transport and infrastructure planning.

The need for the Greater Sydney Region Plan is generated by the following factors:

Population

Greater Sydney is forecast to grow from 4.7 million people to 8 million people by 2056. The age profile will change with both an increasingly ageing population and children under five.

People and Places

There is an opportunity to recognise and enhance great places and communities across Sydney.

Jobs

The city must provide for an additional 817,000 jobs by 2036 to meet the needs of a changing economy and workforce and provide a balance of diverse opportunities across Greater Sydney.

Housing

Provision of 725,000 more homes over the next 20 years, in the right places and supported by infrastructure, with a range of housing types to suit the changing demographics of the population.

Connections

With a projected increase to 22 million daily trips within Greater Sydney by 2036, people’s homes, jobs, schools, healthcare and other services will need connections to an efficient transport network.

Landscape

The geography and landscape of the Greater Sydney basin is unique – it must be protected and enhanced, and our great environmental diversity recognised.

The vision will be delivered via rebalancing of Sydney city into a metropolis of three unique but connected cities; a Western Parkland City west of the M7, a Central River City with Greater Parramatta at its heart and an Eastern Harbour City (see Map).

The three cities vision for Greater Sydney is at the core of the draft Greater Sydney Region Plan, Future Transport 2056 and INSW’s State Infrastructure Strategy. By integrating land use, transport links and infrastructure across the three cities, more people will have access within 30 minutes to jobs, schools, hospitals and services.

Delivering a metropolis of three cities will be guided by 10 overarching directions, metrics and objectives which provide interconnected infrastructure and collaboration, liveability, productivity and sustainability benefits.

The Draft Future Transport Strategy 2056

Future Transport is an update of NSW’s Long Term Transport Master Plan. It is a suite of strategies and plans for transport developed in concert with the Greater Sydney Commission’s Sydney Region Plan, Infrastructure NSW’s State Infrastructure Strategy, and the Department of Planning and Environment’s regional plans, to provide an integrated vision for the state.

The Draft Future Transport Strategy sets the 40 year vision, directions and outcomes framework for customer mobility in NSW, which will guide transport investment over the longer term. It will be delivered through a series of supporting plans.

· The Draft Services and Infrastructure Plans set the customer outcomes for Greater Sydney and Regional NSW for the movement of people and freight to meet customer needs and deliver responsive, innovative services. The plans will define the network required to achieve the service outcomes.

· The Draft Supporting Plans are more detailed issues-based or place-based planning documents that help to implement the Strategy across NSW.

Suite of Draft Future Transport 2056 documents

Revised North District Plan

The revised draft North District Plan provides a 20-year plan (see Attachment A2) to manage growth and achieve the 40-year vision, while enhancing Greater Sydney’s liveability, productivity and sustainability into the future.

It is a guide for implementing the draft Greater Sydney Region Plan at a District level and is a bridge between regional and local planning. An overview is provided at Attachment A3 Revised North District Overview and Attachment A4 Ku-ring-gai LGA Snapshot

The District Plans sets out how the Region Plan will:

· inform local councils' plans;

· guide assessment of local planning proposals;

· inform infrastructure agencies, the development sector and wider; and

· express community expectations for growth, change and infrastructure provision within the District.

The Draft North District Plan aims to:

Landscape

Protect native bushland, national parks, beaches, and waterways including Sydney Harbour, the Parramatta River, Pittwater and the Hawkesbury-Nepean Rivers.

Great places

Guide the delivery of new or enhanced infrastructure to create pleasant, leafy, local centres and well-connected open spaces that encourage active lifestyles and social interaction.

Housing

Guide new housing supply which will be linked to local centres and infrastructure.

Collaboration

Lead collaboration across state and government to grow health and education precincts in Frenchs Forest, Macquarie Park and St Leonards, and improve regional open space through the Metropolitan Greenspace Program.

Connections

Guide infrastructure investments such as the Sydney Metro City & Southwest to create fast and efficient connections from North Sydney CBD and the Eastern Economic Corridor to the Harbour CBD. The Northconnex tunnel will connect the M1 and M2 motorways and remove the last remaining traffic lights between Newcastle and Melbourne.

The revised draft District Plans contains four key themes of infrastructure and collaboration, liveability, productivity and sustainability. Ten Directions for Greater Sydney guide the delivery of the themes in a balanced way with planning priorities and actions to achieve the results.

North District - Changes from the 2016 draft North District Plan

Council made a submission in March 2017 on the original Draft North District Plan. The Greater Sydney Commission have reviewed submissions and have provided responses to the key issues raised in submissions.

The top five issues raised in relation to the draft North District Plan are outlined below.

Metropolitan Rural Area

· Support for the protection of the Metropolitan Rural Area, particularly in South Dural.

Vision and priorities for the District

· Vision and priorities need to be realised, including improvements in transport and infrastructure to support housing;

· support improved transport connections, particularly to the Northern Beaches;

· support enhanced walking and cycling connections;

· support for medium density over high density;

· support for the protection of neighbourhood character;

· support for sustainable development outcomes.

Open space

· Support for the protection and expansion of open space areas;

· support for the Greater Sydney Green Grid;

· support for the protection and extension of the urban tree canopy.

Natural landscape

· Support for the protection of the District’s natural landscape including foreshore areas, bushland, open space and areas of high environmental value.

Biodiversity

· Support for measures to protect and enhance biodiversity.

Issues identified by Greater Sydney Commission

Submissions in response to the draft North District Plan emphasised the need for infrastructure investment to cater for proposed growth in the District, including public transport and schools. There was a preference for medium density over high density, with concerns raised about the existing high density development within centres. Submissions supported the need for more housing choice, generally supported the Affordable Rental Housing Target, and stressed the need to retain local character and heritage of the District.

Submissions raised the need for prioritising cycleways and walking, and the importance of reserving future public transport corridors. They supported more walkable centres and emphasised the need to respond to the District’s traffic congestion. Submissions generally supported the protection of Industrial and Urban Services land across the District.

Submissions supported the extension of the urban tree canopy and the Green Grid, and felt that this would be a positive legacy for future generations. They emphasised the value of and need to protect natural landscapes including foreshore areas, bushland and open space. There were some concerns about the impact of development on important biodiversity and wildlife corridors.

Submissions received in relation to the Northern Beaches Hospital Precinct Structure Plan generally requested a wider catchment for any rezoning of the surrounding area.

Greater Sydney Commission Response

In response to submissions, the Commission will have advised they collaborate with Transport for NSW to improve the accessibility and connectivity of the District, including improved mass transport options and incorporating more active transport networks. This is supported by Planning Priority N8 and N12 in the revised draft North District Plan, which seeks to improve key transport connections. The draft Greater Sydney Region Plan (Objective 2: Infrastructure aligns with forecast growth - growth infrastructure compact) and the revised draft North District Plan (Planning Priority N1: Planning for a city supported by infrastructure) aim to match infrastructure to growth.

The draft Greater Sydney Region Plan (Strategy 13.1) aims to conserve heritage. The revised draft North District Plan (Planning Priority N6: Creating and renewing great places and local centres, and respecting the District’s heritage) seeks to create great places in the District and respect the characteristics of existing places.

The revised draft North District Plan (Planning Priority N15: Protecting and improving the health and enjoyment of Sydney Harbour and the District’s waterways) emphasises the importance of foreshore land, which will be protected through strategic and local plans. The North District’s environment is protected through Planning Priorities N16, N17 and N19, which aim to enhance bushland, biodiversity, scenic landscapes and tree canopy cover.

Green Grid projects have been granted funding under the Metropolitan Greenspace Program to enhance green infrastructure in the Lane Cove National Park and Lane Cove River, as well as enhancing Eastwood to Macquarie Park open space corridors. The Commission will work with NSW Office of Sport and councils to identify opportunities for shared open spaces, including innovative uses of existing active open space, such as golf courses.

The Collaboration Areas in Frenchs Forest, Macquarie Park and St Leonards are also identified as priority precincts and have been retained in the revised draft North District Plan. The Commission will continue to collaborate with other agencies to deliver improved planning outcomes in these places.

Summary of Key Ku-ring-gai Council Comments

Ku-ring-gai Council’s draft submission is provided (Attachment A5- Council submission). A summary of the key points and themes is provided below:

General Comments

Summary comments on Liveability

Housing

In implementing Objective 10: Greater Housing Supply of the draft Greater Sydney Region Plan, the revised draft District plan sets out planning priorities and actions for the delivery of housing.

Planning Priority N5 Providing housing supply, choice and affordability, with access to jobs and services provides the framework for future housing deliver and is supported by Action 15 which requires the preparation of local or district housing strategies that address the following:

a. the delivery of five-year housing supply targets for each local government area

b. the delivery of 6–10 year (when agreed) housing supply targets for each local government area

c. capacity to contribute to the longer term 20-year strategic target for the District

d. housing strategy requirements outlined in Objective 10 of the draft Greater Sydney Region Plan that include:

i. creating capacity for more housing in the right locations

ii. supporting planning and delivery of priority growth areas and precincts as relevant to each local government area

iii. supporting investigation of opportunities for alignment with investment in regional and district infrastructure

iv. supporting the role of centres.

The revised draft District plan sets housing supply targets by local government area for 0-5 years to deliver Greater Sydney’s short term housing needs. The overall housing supply targets for the North District for 2016-2021 is 25,950 dwellings. The targets for the individual Councils in the district are identified in the table below.

The five-year targets are generally consistent with known housing approvals and construction activity. These are minimum targets and largely reflect delivery potential under current planning controls. The five year target for Ku-ring-gai is 4, 000 dwellings. It is considered that this number of additional dwellings could be largely accommodated by Ku-ring-gai’s existing local environmental plans, subject to updated feasibility testing of current development standards for key local centres.

The 6-10 year housing targets are to build on the 0-5 year targets and will be agreed between the Greater Sydney Commission (GSC) and Councils over the next 18-24 months as Councils develop their housing strategies and identify the right locations to meet their area’s housing needs. Housing supply needs to be in the right areas and of the right type taking into consideration the unique character of local neighbourhoods. The GSC has advised they will work with each Council to develop 6–10 year housing targets.

Meeting the housing demand over 20 years requires a longer-term outlook. The draft Greater Sydney Region Plan sets a North District 20-year strategic housing target of 92,000 equating to an average annual district supply of 4,600 dwellings over 20 years.

Housing strategies

Greater Sydney regional Plan and revised draft North District plan requires Councils to prepare local strategies that respond to housing targets set by the Commission.

Housing strategies are to outline how housing growth is to be managed and what the right locations are for additional housing supply in each local government area, and inform updates of local environmental plans. Updated local environmental plans that respond to housing strategies are to be submitted within three years of the finalisation of district plans, or two years in the case of priority councils where funding has been provided.

The revised drafts district plan identifies a number of areas for increasing housing capacity. Those opportunities relevant to Ku-ring-gai include local infill development and increased housing associated with development of Local centres.

With regard to local infill development, the plan envisages increased provisions of medium density housing which includes villas and town houses within existing areas to provide greater housing variety while maintaining the local appeal and amenity of an area. It identifies that Councils are in the best position to investigate and confirm what locations in their local government areas are suited to additional medium density opportunities. In doing this the Commission proposes that councils should consider:

· transitional areas between urban renewal precincts and existing neighbourhoods;

· residential land around local centres where links for walking and cycling help promote a healthy lifestyle;

· areas with good proximity to regional transport where more intensive urban renewal is not suitable due to challenging topography or other characteristics; and

· lower density parts of suburban Greater Sydney undergoing replacement of older housing stock.

While the revised draft Plan promotes the NSW Department of Planning and Environment’s Draft Medium Density Design Guide to show how this infill can promote good design outcomes, Council’s previous submission on that policy raised significant concerns it could have on the visual character and landscaped qualities of Ku-ring-gai. As a result it is felt that Councils should not only have control of where medium density housing is located, but also control over the design quality and outcomes of these housing forms.

In terms of planning of local centres to cater for growing populations, this is an area in which the revised draft plan has been strengthened from the previous version. Planning Priority N6 Creating and renewing great places and local centres, and respecting the District’s heritage, provides a frame work for strategic planning for local centres.

The plan indicates that the planning and management of local centres should be predominantly led by councils. The draft District Plan identifies a range of specific matters for consideration in place-based planning for centres. They include:

· provide public realm and open space focus;

· deliver transit-oriented development and co-locate facilities and social infrastructure;

· provide, increase or improve local infrastructure and open space;

· improve walking, cycling and public transport connections, including through the Greater Sydney Green Grid;

· protect or expand retail and/or commercial floor space and employment opportunities ;

· support the night-time economy ;

· integrate and support arts and creative enterprise and expression;

· augment or provide community facilities and services and cultural facilities;

· conserve and interpret heritage values;

· accommodate local festivals, celebrations, temporary and interim uses;

· increase residential development in, or within a walkable distance of the centre; and

· provide parking that is adaptable to future uses and takes account of access to public transport, walking and cycling connections.

This comprehensive, integrated planning framework for local centres is strongly supported and aligns with the Council’s planning process for its award winning Activate Ku-ring-gai program and the hub projects currently being developed for Lindfield, Turramurra and Gordon. Both the Greater Sydney Regional Plan and revised draft North District plan emphasises that increased housing supply needs to consider place-making that enhances infrastructure investment and creates great places for communities. However, housing should not compromise the ability of centres to grow, expand and change over time.

Housing targets for priority councils

To assist in the early development and delivery of 10 year housing targets, the State government has allocated up to $25 million for 10 priority councils ($2.5 million per Council) to help them develop housing strategies and consequential updates their local environment plans (LEPs) within two years. These 10 Councils are to be identified by the Greater Sydney Commission and the plans will include appropriate housing targets.

The priority Councils’ funding program for the accelerated development of housing strategy is a potential opportunity for Council to align its current infrastructure development programs within its local centres under the Activate Ku-ring-gai program with a comprehensive strategy to deliver on 10 year housing targets. The funding would help develop the necessary strategic planning studies required to review Ku-ring-gai’s local centre hierarchy including an assessment on how the hierarchy influences decision-making for commercial, retail and other uses. As stated in the revised draft district plan, an understanding of the unique identity, size, land use mix, catchment and potential of each local centre and the local centres hierarchy will provide an important evidence base on which to develop Councils housing strategy.

Additional advantages of developing and locking in a 10 year housing strategy early, are that it provides greater upfront clarity for the community and helps Council deal with speculative private planning proposals that seek the up zoning of land outside of Council’s preferred strategic areas and therefore undermine Council’s strategy. Some Councils in Sydney are inundated with private competing planning proposals.

Affordable Housing

The District Plan continues to only make references to moderate income/key workers/skilled workers stating their housing is an opportunity to create diverse housing in health and education precincts. It is important that reference to this group be extended to areas which are not classed as ‘precincts’ but which rely on substantial numbers of commuting key workers to major employment facilities within an area (including education, hospitals and care facilities).

Importantly it is recommended that the “moderate income households” be reinstated in the percentage target for affordable rental housing provision to ensure Councils can mandate housing provision for this group. Without this provision it is highly unlikely that the moderate income households will be catered for.

Heritage and Character

The recognition in the revised draft District plan of “a wide variety of local heritage items and heritage streetscapes” forming part of the character of the centres throughout the district gives validity to a broader definition of heritage beyond the State significant and the ‘acceptably’ old and is welcomed. The statement that “great places build” on a local area’s “characteristics to create a sense of place that reflects shared community values and culture” is commended.

Summary comments on Productivity

The concept of 30 minute access to the strategic centres is supported, although a missing link in future mass transit network plans is the one between Mona Vale and Macquarie Park. The proposal in the Intermediate Transit Network for an on-street rapid transit corridor (light rail/rapid bus) between Rhodes and Macquarie Park lends itself to be extended north-easterly towards West Pymble/West Gordon, Gordon, St Ives, St Ives Showground, Belrose, Terrey Hills, Ingleside and Mona Vale.

The initiative for active transport and safe walking and cycling links to strategic centres and schools is positive but the Greater Sydney Commission should go a step further and set mode share targets for public transport, walking and particularly cycling, to drive the provision and use of walking and cycling infrastructure and encourage transit oriented development. The development and implementation of the Principal Bicycle Network to provide safe/separated cycling connections between strategic centres is also supported but the absence of a specific layer in the North District Green Grid opportunities map still leaves some uncertainty as to the final/preferred corridors, with implications for planning around these corridors.

The principle of delivery of transit-oriented development and co-location of facilities and social infrastructure is supported but needs to be strengthened and reinforced by including Local Centres as transit-oriented development. This should also be underpinned with the development of a metropolitan parking policy where the quantity of parking provided takes into account access to services, transport, employment, with a view to containing/restraining parking provision and encouraging forms of transport other than private motor vehicle so that transit-oriented development can succeed in increasing mode share to public transport and active travel modes.

Ku-ring-gai Council supports Planning Priority N13 and Associated Actions 51-56.

Ku-ring-gai Council has adopted Ku-ring-gai Destination Management Plan 2017 to 2020 (20 August 2017).

Summary Comments on Sustainability

Comments on Chapter 5 – Sustainability

Council strongly supports the intent of Chapter 5 – Sustainability and the planning priorities N15 – N22 throughout the chapter. The actions identified throughout the chapter, however, lack detail and read more as objectives or desired outcomes statements, rather than prescriptive management actions to be facilitated through the delivery of the Plan.

Without the identification of specified delivery mechanisms and implementation strategies for the planning priorities and actions, clear guidance is not provided for users of the Plan.

The role of the Plan in the broader policy context and its governance framework/ relationship to other legislation, planning instruments and policies needs further clarification. How the Plan will be enforced and enacted in the broader policy context is not clear and is necessary so there is confidence that the priorities and actions in the plan will not be undermined and unrealized.

Ku-ring-gai Council has developed a suite of documents that seek to promote responsible development that uphold sustainability principles. However, this work is now being undermined by the Department of Planning and Environment’s SEPPs and many amendments which reduce Council’s ability to set standards and to ensure new development integrates into the area without creating irreparable damage to resources.

Ku-ring-gai Council encourages the consideration of sustainable features within dwellings. However delivery of standards above the Department’s low threshold of BASIX is inconsistent as anything additional cannot be mandated. Councils that show leadership and initiative need to be given some ability to raise the bar on sustainable inclusions in residential developments. This could be achieved through the Department of Planning and Environment enabling some general clauses to enable this through the LEP.

Planning Priority N15

Council supports ‘the integration of the objectives for waterways that are set out in legislation, policies and plans, by prioritising the management of waterways as green infrastructure’ (p90), particularly managing the cumulative impacts of development and land management decisions on a catchment scale.

In implementing Planning Priority N15 and its associated actions, there is a real opportunity for the North District Plan to adopt the principles of a Water Sensitive City and to work alongside/draw on the expertise of the Cooperative Research Centre (CRC) for Water Sensitive Cities to enable Greater Sydney to transition to a Water Sensitive City

Planning Priority N16

Council supports the inclusion of a planning priority based upon protecting and enhancing bushland and biodiversity (Planning Priority N16).

There is concern however, that even within this priority the plan appears to down play the critical ecological role provided by urban bushland close to densely populated areas as they are excluded from “Protected Natural Area” and mapped as “Major Urban Parkland and Reserve”. This increases the interpretation that these areas should be viewed more within the context as how they serve recreation. The plan needs to recognise the critical biodiversity role these areas play, in addition to providing opportunities for nature-based recreation and enhance liveability.

Uncertainty continues regarding how new/proposed changes to planning legislation (including the Biodiversity Conservation Act 2016, the SEPP (Vegetation in Non-Rural Areas) 2017 and proposed SEPP (Environment) will influence the delivery of the North District Plan.

Planning Priority N19

Whilst Council strongly supports Planning Priority N19 (Increasing urban tree canopy cover and delivering Green Grid connections), it is believed that greater synergies between Planning Priority N16 and N19 could be made.

Council has raised concern over the impact of the proposed Medium Density Housing Code will have on the urban Tree canopy within private lands.

The plan has real opportunity to provide a strong strategic framework for improvements to biodiversity connectivity, recreational opportunities, reducing short car trip congestion (and air quality). Blue and green grid outcomes should feature more strongly in connection with active transport, liveability and environmental outcomes. In seeking to increase recreational opportunities, it is imperative that biodiversity values within bushland are protected.

Council supports the revised green grid connections (project opportunities) as outlined within the Sydney Green Grid – North District 2017, but again highlight the opportunities that exist for future road improvements to reduce road kills and improve pedestrian/ cycleway and fauna connectivity.

While Ku-ring-gai Council supports the development and implementation of the Principal Bicycle Network to provide safe/separated cycling connections between strategic centres, the work done to date between Councils and Transport for NSW to identify routes has been extensive but the absence of a specific layer in the North District Green Grid opportunities map still leaves some uncertainty as to the final/preferred corridors, with implications for planning around these corridors.

Council supports the high priority for investigations into an all-weather crossing of Lane Cove River at Brown’s Waterhole/South Turramurra/Marsfield, as outlined within Table 5 (North District Green Grid Priority Projects), as this is a strategic pedestrian and cycling link for a large area to the north/north-east of Pacific Highway to the Macquarie Park strategic centre.

Summary Comments on Implementation

Roles of planning authorities in great Sydney and collaboration across government.

Issue of potential lack of policy and planning co-ordination, whereby the overall district planning is being run by the Greater Sydney Commission and at the same time the Department of Planning and Environment is pursuing significant ongoing reforms to the NSW Planning System.

These need to be fully assessed and monitored by the Greater Sydney Commission and other state agencies in particular Department of Planning and Environment to take into account the both the positive and negative impacts on the intended priorities and vision for the North District Plan.

Summary Comments on aligned Plans

Future Transport 2056 is an update of NSW’s Long Term Transport Master Plan (released in 2014). It is a suite of strategies and plans for transport developed in concert with the Greater Sydney Commission’s Sydney Region Plan, Infrastructure NSW’s State Infrastructure Strategy, and the Department of Planning and Environment’s regional plans, to provide an integrated vision for the state.

Ku-ring-gai Council’s submission to the Draft Future Transport 2056 plan is primarily focused on Section 9 - The Future Network.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Land use strategies, plans and processes are in place to effectively manage the impact new development.

Respond to State Government Planning initiatives and reforms- including the new planning legislation.

Governance Matters

As set out in the plan councils are required to give effect to the district plans as soon as practicable after they are made (finalised). Importantly the draft district plans also carry some ‘weight’ (in other words, are a consideration) during the period that they are in draft for planning proposals. This is established by the Department of Planning and Environment’s Guide to Preparing Planning Proposals (August 2016). The Guide lists assessment criteria for a planning proposal, which include but are not limited to the consideration of the strategic merit of the proposal, the site-specific merit of the proposal and consistency with strategic plans, including draft District Plans, State Environmental Planning Policies and Ministerial directions.

Local environmental plans will continue to determine whether development is permitted or prohibited on land. While a draft district plan or district plan is not a mandatory matter for consideration in the determination of a development application, a consent authority may decide to consider a draft District Plan or District Plan to the extent it relates to the objects of the Environmental Planning and Assessment Act 1979.

Risk Management

Council is part of the North District and this submission puts forwards a range of issues and solutions to deal with the comprehensive planning for the District over the 20 year time horizon.

Financial Considerations

The cost of preparing this submission is covered by the Strategy Department, Urban Planning and Heritage Budget.

Social Considerations

The revised Draft North District Plan sets out a range of liveability priorities and actions to cater for the demographic changes facing the North District including housing, employment and social infrastructure, feedback on these measures are provided in the Council submission.

Environmental Considerations

The revised Draft North District Plan sets out a range of sustainability priorities and actions that acknowledge the natural attributes of the North District - feedback on these measures are provided in the Council submission

Community Consultation

The Greater Sydney Commission conducted a series of Councillor, community and stakeholder briefings and workshops sessions jointly with TfNSW about the revised Draft Greater Sydney Regional Plan, revised Draft District Plan and Future Transport Plans. In preparing the original submission March 2017 Council also incorporated community feedback.

Internal Consultation

The preparation of the submission has been made with input from a range of staff across Council Departments.

Summary

Following an initial exhibition period from November 2016 to March 2017, the Greater Sydney Commission has now revised three key documents on the future planning for Sydney for final comment. This report sets out Council’s submission on the Revised Draft Plans.

Recommendation:

a) That Council endorses the content of the submission and it be forwarded to the Greater Sydney Commission.

b) That Council authorises the Director Strategy and Environment to make further minor amendments to Council’s submission to improve clarity and correct any inconsistencies.

c) That Council advises the Greater Sydney Commission it is interested in being considered a potential priority council with the associated funding of $2.5m to assist Ku-ring-gai develop a new housing strategy and updates to our Local Environment Plans.

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Overview - Greater Sydney 2056 A Metropolis of Three Cities	2017/336467
	A2	Revised Draft North District Plan October 2017	2017/336465
	A3	Overview Revised North District Plan	2017/336466
	A4	Ku-ring-gai LGA Snapshot	2017/336464
	A5	Ku-ring-gai Council Submission- Draft Revised District Plan and Aligned Plans	2017/334150

Ordinary Meeting of Council - 12 December 2017	GB.7 / 80

Item GB.7	S10147
	4 December 2017

Fitzsimons Lane Gordon - 870-898 Pacific Highway Gordon - Draft Voluntary Planning Agreement - Exhibition Report

EXECUTIVE SUMMARY

purpose of report:	To provide an update on the third draft Planning Agreement to enable the land dedication for widening of Fitzsimons Lane.

background:	Council’s plans make provision for the widening of Fitzsimons Lane to achieve improved vehicular access and pedestrian amenity. Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the streetscape works but does not levy for the cost of land acquisition, seeking the land by dedication.

comments:	This report provides an overview of the Fitzsimons Lane widening with its proposed public domain improvements and recommends the exhibition of the draft Planning Agreement for 870-898 Pacific Highway, Gordon to formalise the land dedications required to widen Fitzsimons Lane.

recommendation:	That the draft Planning Agreement (VPA) be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

Purpose of Report

To provide an update on the third draft Planning Agreement to enable the land dedication for widening of Fitzsimons Lane.

Background

Planning for Gordon Local Centre

As part of the strategic planning framework for Gordon, provisions were made for Fitzsimons Lane, which at present narrows near the intersection with Merriwa Street, to be widened and realigned to provide improved vehicular access and pedestrian amenity. The area around Fitzsimons Lane is currently undergoing significant urban renewal with ten consolidated properties either under construction, under a DA or pre-DA.

Until recently, this area, which is zoned for mixed-use, was primarily commercial in nature with multi-storey corporate offices. The prevailing redevelopment of the area has however resulted in a predominance of residential redevelopment including ground floor non-residential floor space allocated mainly for such uses as professional consulting rooms, cafés, small convenience retail uses and local service uses, which is not consistent with the mixed-use zoning but results in a predominantly residential appearance.

Extract from the Public Domain Plan 2010 showing the location of the area targeted for widening

Comments

Overview of the Strategic Planning Concept

The widening, adjusted alignment and pedestrian improvement works to Fitzsimons Lane involve the dedication of a narrow sliver of land from the rear frontage to Fitzsimons Lane of three consolidated development sites being 870-898, 900, and 904-914 Pacific Highway Gordon.

Council’s successful acquisition of the extra land from the property at 904-914 Pacific Highway, Gordon, is currently being finalised. The acquisition of this land was based on the same process, involving a VPA, similar to the ones currently being presented. That VPA was executed on 24 February 2017 after being presented for extended exhibition to the last Council Meeting of 2016. Exhibitions over this period are always extended in view of the season.

The strategic planning documents for Gordon, including the Local Centres Development Control Plan, the Public Domain Plan and the supporting Contributions Plan, collectively envisage that the development potential of a narrow sliver of land on the northern side of the lane would be available to the development site, stripping its market value and facilitating its dedication in the most cost effective manner. This approach enables the contributions plan to be focused on the delivery of public domain works of a good quality and efficiently utilises development contributions by negating the need to include land acquisition costs for narrow linear acquisitions and/or otherwise small acquisitions.

As the land itself is therefore not valued by the contribution plan, a Planning Agreement approach is triggered to facilitate the dedication.

Council contracted a surveyor to identify the precise areas of land required to facilitate the widening and pedestrian activation of Fitzsimons Lane. The remaining land to be acquired in Fitzsimons Lane from the current dedication at 904-914 (now lodged with the Land Titles Office) and Merriwa Street covers four existing properties that are currently two redevelopment sites. The survey plans for the remainder of Fitzsimons lane are Attachments A1 and A2. These survey plans are also attachments to their respective draft Planning Agreements. The intention of the dedications is to facilitate the widening of Fitzsimons Lane to 15 metres, in a section where it currently narrows close to the intersection with Merriwa Street. This widening will facilitate traffic and pedestrian improvements, which will all facilitate the desired activation of the lane.

This type of draft Voluntary Planning Agreement (VPA), for land dedication only, is a relatively straightforward document compared to other planning agreements that facilitate the delivery of works and infrastructure. These Agreements relate only to the dedication, free of cost, of a sliver of land along the frontages of both properties to Fitzsimons Lane. They are similar in style and content to the executed VPA for the adjoining property at 904-914 Pacific Highway Gordon.

Council endorsement to proceed with the negotiation of the draft Planning Agreement

At the OMC of 24 November2015, resolved (in part):

B. That Council endorses staff undertaking an active role to facilitate the dedication of land for road widening along Fitzsimons Lane as identified in Ku-ring-gai Local Centres Development Control Plan 2013 and the subsequent co-ordinated delivery of the public domain improvements in Fitzsimons Lane in view of the rapid delivery of a high proportion of development in the area.

Status of the draft planning agreements for each affected site

904-914 Pacific Highway, Gordon – As advised earlier in this report, the Council’s acquisition of the road widening land associated with this property, is currently being finalised with the Land Titles Office.

900 Pacific Highway, Gordon – a formal offer to enter into a Planning Agreement dated 4 November 2016 was submitted to Council as part of the s34 conference before the Land and Environment Court in late 2016. It was previously presented to Council at the OMC of 6 December 2016, concurrent with the proposed exhibition of the draft Planning Agreement for 904-914 Pacific Highway Gordon. In respect of 900 Pacific Highway Gordon, Council resolved as follows:

D. That the letter of offer to enter into a planning agreement for the dedication of land along the frontage to Fitzsimons Lane of the property located at 900 Pacific Highway Gordon in association with DA0226/16 be noted and authority be delegated to the General Manager or his delegate to progress the draft planning agreement in discussions with the applicant.

The resulting draft Voluntary Planning Agreement was endorsed for exhibition by the applicants/owners by 1 December 2017 and has been separately added to the agenda for the OMC of 12 December 2017.

870-898 Pacific Highway, Gordon – a formal updated letter of offer to enter into a VPA was received on 19 November 2015 (amending an earlier letter of offer received 27 October 2014) but the process was delayed while issues with the design of the proposed development were addressed. The JRPP approved the Development Application with the requirement that the VPA be formalised in accordance with the terms of the formal offer to enter into the VPA. The status of the planning agreement discussions were also reported to the OMC of 6 December 2016 and in respect of 870-898 Pacific Highway Gordon, Council resolved as follows:

F. That the General Manager or his delegate to authorised to proactively pursue the completion of the negotiations for the draft planning agreement for the remaining property at 870-898 Pacific Highway which also has rear frontage to Fitzsimons Lane which has recently been on-sold, in line with the original letters of offer from the former property owner, with a view to enabling the public domain works to Fitzsimons Lane to be delivered concurrently and in the short term.

The sale of the site to the new owner/developer was finalised earlier in 2017 and an acknowledgement of the letter of offer on the same terms as the previous one has been received from the new owners Prime Gordon Pty Ltd. This letter from Prime Gordon Pty Ltd dated 21 September 2017 is attached to this report at Attachment A4.

Current Status

The draft VPA for 870-898 Pacific Highway Gordon was intended to be presented to Council with 900 Pacific Highway Gordon in a combined report, however, final approval from the owner/applicants for the endorsement of the draft Planning Agreement for exhibition was received too late, hence this is a separate report.

Concurrent with pursuing the final dedications for the delivery of the widening of Fitzsimons Lane Gordon, Council has commenced the detailed design process for the desired improvements to the Lane which are identified as works in Ku-ring-gai Contribution Plan 2010 for the Gordon Local Centre. This will enable Council to commence delivery of the improvements to Fitzsimons Lane at such time as the final developments along the Lane commence. There remain only two main sites that are not under a pre-DA at the time of this report.

The draft Planning Agreement for 870-898 Pacific Highway, Gordon

The draft Planning Agreement (Attachment A3 ) and the associated Explanatory Note (included within the document) is relatively straightforward document in that it facilitates and explains the dedication of an identified area of land free of cost to Council, and the nature of the public benefit being to facilitate improvements to the Lane and its reactivation. This is in accordance with the Local Centres DCP and Public Domain Plan.

Importantly, the draft Planning Agreement does not include works to deliver the public domain improvements. This is because it is preferable for Council to undertake the works in a line once to ensure continuity of materials. Council is continuing with the design process which has already been endorsed by Council given the progress of a substantial percentage of the anticipated redevelopment in the Fitzsimons Lane precinct.

Delivery of the two remaining land dedications, are each the subject of draft VPAs; 900 Pacific Highway Gordon is the subject of a separate report to the OMC of 12 December 2017.

The draft VPA for 870-898 Pacific Highway Gordon is now presented to Council as a late report to facilitate concurrent exhibition with its neighbour and noting that the background and much of the detail is the same for this report as for 900 Pacific Highway Gordon which has already been added to the agenda.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community.

A network of safe and

convenient links to local centres, major land uses and recreational opportunities is in place

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region

T 1.1.3.1.1

Link roads and road widening.

Theme Six: 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

Council expenditure satisfies

the needs of the community and Council has increased its commitment to infrastructure asset management priorities

C6.1.1.1.2

Council is leveraging the value of its assets to combine with contributions to deliver major community assets.

Governance Matters

The negotiation of the latest two draft Planning Agreements (draft VPAs) commenced under Council’s original Ku-ring-gai Planning Agreement Policy 2008 and continued after the adoption of Ku‑ring‑gai Planning Agreement Policy 2016.

The developers/landowners of the site at 870-898 Pacific Highway Gordon are represented by Hicksons Lawyers. The lawyers representing the parties have been consulted and have participated in the drafting of the draft Planning Agreements.

Risk Management

Council has commissioned an external legal team to assist with the drafting of the Planning Agreements.

Financial Considerations

The strategic planning for the widening of Fitzsimons Lane foreshadowed that the associated developments would retain the opportunity to utilise the floor space potential of the land to be dedicated thus compensating the development for the market value of the land. This is a cost-effective means of facilitating the dedication of land free of cost and enables a reduction in development contributions by limiting exposure to land acquisition costs.

There is a cost in terms of the recommended scheduling of the design and delivery of the works in the 2017/2018 to 2018/2019 financial year in the Long Term Financial Plan. However, it should be noted that with ten out of thirteen properties with frontage to Fitzsimons Lane being the subject of development proposals and many nearing completion of construction, a significant portion of the development contributions for the delivery of this work have been received by Council. As such, it is timely to schedule the delivery of this work in the near future.

Social Considerations

The dedication of these narrow strips of land along Fitzsimons Lane facilitates the public domain improvements foreshadowed in the Local Centres Development Control Plan and the Public Domain Plan. The improvements support the activation of the Lane with positive associated social impacts such as encouraging the likelihood of more active ground level uses, more social activity and interaction, better amenity and safety arising from greater surveillance.

Environmental Considerations

The draft Planning Agreements for exhibition involve only the dedication of land for the purposes of the laneway widening. The design of the public domain improvements should be instigated closely in parallel with these latest redevelopments ready to commence delivery concurrent with their completion. Environmental considerations are a core component of the detailed design of all Council’s public domain improvement works, and minimising the time for construction works and disruption, as well as cost saving, are a part of these considerations.

Community Consultation

The relevant legislation governing Planning Agreements falls under the Environmental Planning and Assessment Act 1979 (Division 6 Development Contributions - Subdivision 2 Planning Agreements) and the Environmental Planning and Assessment Regulation 2000 (Part 4 Development Contributions - Division 1A Planning Agreements).

All draft planning agreements are to be exhibited for a minimum of 28 days for public comments. This is in the interests of openness and transparency because any submissions made will be reported back to Council for consideration as part of the decision as to whether Council should enter into the formal planning agreement.

This report proposes the statutory public exhibition of the draft Planning Agreement together with their associated Explanatory Note for public comment, concurrent with that of the adjoining property at 900 Pacific Highway Gordon. A report will be brought back to Council following the completion of that exhibition.

Internal Consultation

Summary

This report provides an overview of the status of the draft VPAs for the Fitzsimons Lane developments in relation to the implementation of the Local Centres Development Control Plan, the Public Domain Plan and the Ku-ring-gai Contributions Plan 2010 which involve the dedication of a sliver of land along the Fitzsimons Lane frontage to two development sites to facilitate future public domain improvements.

The report proposes that the final draft VPA needed to complete the widening of Fitzsimons Lane to facilitate the future upgrade, be now placed on public exhibition concurrent with the draft VPA for the adjoining property at 900 Pacific Highway, Gordon.

Recommendation:

A. That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 870-898 Pacific Highway, Gordon, for the purposes of facilitating land dedication along the frontage to Fitzsimons Lane, be duly given.

B. That the draft Planning Agreement together with the Explanatory Note be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

D. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Subdivision Plan for 870-898 Pacific Highway, Gordon	2017/331780
	A2	Subdivision Plan for 900 Pacific Highway, Gordon	2017/330020
	A3	Draft Planning Agreement for 870-898 Pacific Highway, Gordon	2017/343660
	A4	Refreshed Letter of Offer from the purchasers of 870-890 Pacific Highway Gordon	2017/336425

Ordinary Meeting of Council - 12 December 2017	GB.8 / 88

Item GB.8	S10147
	20 October 2017

Fitzsimons Lane Gordon - 900 Pacific Highway Gordon - Draft Voluntary Planning Agreement - Exhibition Report

EXECUTIVE SUMMARY

purpose of report:	To provide an update on the draft Planning Agreements for two Development Applications to enable the land dedication for widening of Fitzsimons Lane.

background:	Council’s plans make provision for the widening of Fitzsimons Lane to achieve improved vehicular access and pedestrian amenity. Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the streetscape works but does not levy for the cost of land acquisition, seeking the land by dedication.

comments:	This report provides an overview of the Fitzsimons Lane widening with its proposed public domain improvements and recommends the exhibition of the draft Planning Agreement for 900 Pacific Highway, Gordon to formalise the land dedications required to widen Fitzsimons Lane.

recommendation:	That the draft Planning Agreement (VPA) be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

Purpose of Report

To provide an update on the draft Planning Agreements for two Development Applications to enable the land dedication for widening of Fitzsimons Lane.

Background

Planning for Gordon Local Centre

Extract from the Public Domain Plan 2010 showing the location of the area targeted for widening

Comments

Overview of the Strategic Planning Concept

The strategic planning documents for Gordon, including the Local Centres Development Control Plan, the Public Domain Plan and the supporting Contributions Plan, collectively envisage that the development potential of a narrow sliver of land on the northern side of the lane would be available to the development site, stripping its market value and facilitating its dedication in the most cost effective manner. This approach enables the contributions plan to be focused on the delivery of public domain works of a good quality and efficiently utilises development contributions by negating the need to include land acquisition costs for narrow linear acquisitions and/or otherwise small acquisitions.

As the land itself is therefore not valued by the contribution plan, a Planning Agreement approach is triggered to facilitate the dedication.

Council contracted a surveyor to identify the precise areas of land required to facilitate the widening and pedestrian activation of Fitzsimons Lane. The remaining land to be acquired in Fitzsimons Lane from the current dedication at 904-914 (now lodged with the Land Titles Office) and Merriwa Street covers four existing properties that are currently two redevelopment sites. The surveys plans for the remainder of Fitzsimons lane are Attachments A1 and A2. These survey plans are also attachments to their respective draft Planning Agreements. The intention of the dedications is to facilitate the widening of Fitzsimons Lane to 15 metres, in a section where it currently narrows close to the intersection with Merriwa Street. This widening will facilitate traffic and pedestrian improvements, which will all facilitate the desired activation of the lane.

Council endorsement to proceed with the negotiation of the draft Planning Agreement

At the OMC of 24 November2015, resolved (in part):

Status of the draft planning agreements for each affected site

The resulting draft Voluntary Planning Agreement is Attachment A3.

870-898 Pacific Highway, Gordon – a formal updated letter of offer to enter into a VPA was received on 19 November 2015 (amending an earlier letter of offer received 27 October 2014) but the process was delayed while issues with the design of the proposed development were addressed. The JRPP approved the Development Application with the requirement that the VPA be formalised in accordance with the terms of the formal offer to enter into the VPA. The status of the planning agreement discussions were also reported to the OMC of 6 December 2016 and in respect of 870‑898 Pacific Highway Gordon, Council resolved as follows:

Current status

The draft VPA for 870-898 Pacific Highway Gordon was intended to be presented to Council with 900 Pacific Highway, Gordon in a combined report, however, final approval from the owner/applicants for the endorsement of the draft Planning Agreement for exhibition has not yet been received. Consequently, this report now only relates to 900 Pacific Highway Gordon.

Concurrent with pursuing the final dedications for the delivery of the widening of Fitzsimons Lane Gordon, Council has commenced the detailed design process for the desired improvements to the Lane which are identified as works in Ku-ring-gai Contribution Plan 2010 for the Gordon Local Centre. This will enable Council to commence delivery of the improvements to Fitzsimons Lane at such time as the final developments along the Lane commence. There remain only two main sites that are not under a PRE-DA at the time of this report.

The draft Planning Agreement for 900 Pacific Highway, Gordon

The draft Planning Agreement (Attachment A3 ) and the associated Explanatory Note (included within the document) is relatively straightforward document in that it facilitates and explains the dedication of an identified area of land free-of-cost to council, and the nature of the public benefit being to facilitate improvements to the Lane and its reactivation. This is in accordance with the Local Centres DCP and Public Domain Plan.

Importantly, the draft Planning Agreement does not include works to deliver the public domain improvements. This is because it is preferable for Council to undertake the works once in a line to ensure continuity of materials. Council is continuing with the design process which has already been endorsed by Council given the progress of a substantial percentage of the anticipated redevelopment in the Fitzsimons Lane precinct.

Delivery of the two remaining land dedications, are the subject of draft VPAs.

However 870-898 Pacific Highway Gordon is an uncertainty for the reporting deadline for this final OMC of the year for exhibition as it requires formal endorsement from the owner that both it, and the explanatory note, are suitable for exhibition. This has not yet been received on the day of the closure of the agenda. Should a response be received from the applicants/owners in time, a very similar report may be submitted to Council as a late item in view of the very similar content to this report.

From a practical viewpoint, it is preferable that these two adjacent properties are the subject of a concurrent exhibition and notification to nearby properties.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time

Plans to revitalise local

centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community.

A network of safe and

convenient links to local centres, major land uses and recreational opportunities is in place

A strategic access, traffic

and transport plan is being implemented for the Northern Sydney Region

T 1.1.3.1.1

Link roads and road widening.

Theme Six: 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

Council expenditure satisfies

the needs of the community and Council has increased its commitment to infrastructure asset management priorities

C6.1.1.1.2

Council is leveraging the value of its assets to combine with contributions to deliver major community assets.

Governance Matters

The developers/landowners of the site at 900 Pacific Highway Gordon are represented by Vasili Conomos of Conomos Legal. The lawyers representing the parties have been consulted and have participated in the drafting of the draft Planning Agreements.

Risk Management

Council has commissioned an external legal team to assist with the drafting of the Planning Agreements.

Financial Considerations

Social Considerations

The dedication of these narrow strips of land along Fitzsimons lane facilitates the public domain improvements foreshadowed in the Local Centres Development Control Plan and the Public Domain Plan. The improvements support the activation of the Lane with positive associated social impacts such as encouraging the likelihood of more active ground level uses, more social activity and interaction, better amenity and safety arising from greater surveillance.

Environmental Considerations

Community Consultation

This report proposes the statutory public exhibition of the draft Planning Agreement for 900 Pacific Highway Gordon together with the associated Explanatory Note for public comment. A report will be brought back to Council following the completion of that exhibition.

Internal Consultation

Summary

This report provides an overview of the status of the draft VPAs for the Fitzsimons Lane developments in relation to the implementation of the Local Centres Development Control Plan, the Public Domain Plan and the Ku-ring-gai Contributions Plan 2010 which involve the dedication of a sliver of land along the Fitzsimons Lane frontage to two development sites to facilitate future public domain improvements.

The report proposes that the final draft VPA for 900 Pacific Highway Gordon be now placed on public exhibition – extended over the Christmas-New Year holiday period.

Recommendation:

A. That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 900 Pacific Highway, Gordon, for the purposes of facilitating land dedication along the frontage to Fitzsimons Lane, be duly given.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Subdivision Plan for 870-898 Pacific Highway, Gordon	2017/331780
	A2	Subdivision Plan for 900 Pacific Highway, Gordon	2017/330020
	A3	Draft Planning Agreement for 900 Pacific Highway, Gordon	2017/342759
	A4	Refreshed Letter of Offer from the purchasers of 870-890 Pacific Highway Gordon	2017/336425

Ordinary Meeting of Council - 12 December 2017	GB.9 / 96

Item GB.9	S10066
	31 October 2017

69 Kissing Point Road, Turramurra - Heritage Assessment Report

EXECUTIVE SUMMARY

purpose of report:	For Council to consider whether to proceed with the heritage listing of 69 Kissing Point Road, Turramurra, as a local heritage item within the KLEP 2015.

background:	At its meeting of 18 July 2017, Ku-ring-gai Council resolved to place an interim heritage order (Section 25 NSW Heritage Act 1977) for the property known as “The Gables” at 69 Kissing Point Road, Turramurra (Lot 4 DP 31925 & Lot 20 DP206712) to enable full and proper evaluation of the heritage significance and prevent any harm to the site in the interim.

comments:	An independent heritage assessment report was completed for 69 Kissing Point Road, Turramurra, in September 2017. The report concludes that the site does not does not achieve the threshold for local heritage listing. Council’s Heritage Reference Committee has considered this report and requested that a peer review be undertaken for the property. This work will inform whether a planning proposal should be sent to the Department of Planning & Environment for Gateway Determination.

recommendation:	That Council resolves to prepare a planning proposal to heritage list 69 Kissing Point Road, Turramurra, subject to the findings of a peer review of Paul Davies heritage assessment report. The planning proposal will proceed for Gateway Determination should the peer review recommend the property be heritage listed. Should it not recommend the heritage listing, the IHO will be revoked for the property.

Purpose of Report

For Council to consider whether to proceed with the heritage listing of 69 Kissing Point Road, Turramurra, as a local heritage item within the KLEP 2015.

Background

69 Kissing Point Road, Turramurra, was initially identified within a heritage assessment undertaken for Council in 2010 (Paul Davies Heritage Architects 2010 Heritage Conservation Area review – North) as a potential heritage item and recommended for further investigation.

Council considered a report at its meeting of 22 March 2016 following the public exhibition of a planning proposal proposing a number of additional heritage items and heritage conservation areas, including the subject site. Following representation from the property owner, Council resolved to defer 69 Kissing Point Road, Turramurra, from the planning proposal, to allow further research to understand recent changes to the property.

The property was listed for sale in July 2017. At its meeting of 18 July 2017, Ku-ring-gai Council resolved to place an interim heritage order (Section 25 NSW Heritage Act 1977) on the property known as “The Gables” at 69 Kissing Point Road, Turramurra (Lot 4 DP 31925 & Lot 20 DP206712) to enable full and proper evaluation of the heritage significance and prevent any harm to the site in the interim.

Under the conditions of the Interim Heritage Order the order will lapse on 19 January 2018 unless Council passes a resolution before this date, in accordance with delegation by the Minister for Heritage in April 2013.

Building Condition

The building is showing signs of internal and external damage such as significant cracks to internal and external walls, bowing in the roof and uneven piers. There is also evidence of tree roots from the adjacent property at 71 Kissing Point Road, Turramurra within the foundations of the building. Consequently, both Council and the property owner have commissioned independent structural engineering reports to determine the causes of the damage and options for rectification. The reports reach differing conclusions as to the underlying cause of the damage.

This report examines the assessed heritage values of the property. In relation to state the building condition, this is not included as one of the seven criteria developed by the Heritage Council of NSW to be used in determining heritage values. Rather condition is generally considered to be a maintenance issue regardless of the works required to bring a property up to a suitable standard. Therefore, it is not addressed in any detail in the heritage assessment report commissioned by Council. However, the condition of the property in the broader context is relevant.

Comments

Council has commissioned two independent reports on the subject site since the issuing of the IHO. These reports are a heritage assessment report and a structural engineering report and are discussed separately below. The property owner has also commissioned two independent reports, also being a structural engineering assessment and heritage assessment report. These reports are also discussed separately as follows:

Heritage Assessment Reports

Council Report – Paul Davies Pty Ltd

Paul Davies Architects Pty Ltd was engaged in September 2017 to undertake a heritage assessment report for 69 Kissing Point Road, Turramurra. Attempts were made to gain internal access for the consultants however the new property owner did not consent to access at that time. Accordingly, an assessment report was prepared using the information available including internal photographs from various sources.

Following consideration of this matter by Council’s Heritage Reference Committee (HRC) on 7 November 2017, further attempts were made to allow Council’s consultants access to the property. The owner agreed to this request and a site visit occurred on 23 November 2017. An addendum was made by the consultants to the original report following the inspection. The final report (including addendum) is included at Attachment A1.

The report has assessed the subject site against the NSW Heritage Office’s seven criteria for assessing local heritage significance, being:

a) Historical significance – an item is important in the course, or pattern, of the cultural or natural history of the local area;

b) Historical association significance – an item has strong or special association with the life or works of a person, or group of persons, of importance to the local area’s cultural or natural history;

c) Aesthetic significance – an item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in the local area;

d) Social significance – an item has a strong or special association with a particular community or cultural group in the local area, for social, cultural or spiritual reasons;

e) Technical/research significance – an item has potential to yield information that will contribute to an understanding of the local area’s scientific, cultural or natural history;

f) Rarity – an item possesses uncommon, rare or endangered aspects of the local area’s cultural or natural history; and

g) Representativeness - an item is important in demonstrating the principal characteristics of a class of the local area’s cultural or natural places; or cultural or natural environments.

The report concludes that the site fails to reach the threshold for local heritage listing. The report concludes that:

· The building at 69 Kissing Point Road does not achieve the threshold for heritage item status at a local level and our recommendation is that the building not be heritage listed, irrespective of any potential threat due to the recent sale of the site.

· It is recommended that the owner retain the building, undertake repairs, and seek to develop around it, if that is their preference for the site, as the building, despite not being of heritage item status, remains a good representative building of the first wave of subdivision for the locality.

· The house at 69 Kissing Point Road is considered to be a relatively intact example of an Interwar California Bungalow style house, but one which is:

- Without design distinction and which is not a significant variant of the style,

- without a significant setting,

- without landmark value, and

- without any significant historical associations.

· If the house were within a heritage conservation area it would be considered to be a contributory building, but in isolation it is not considered to reach the significance threshold which would warrant local heritage listing as a heritage item.

· The recommendation of this report is not to heritage list the property and that the Interim Heritage Order on the property should be removed.

Owner’s Report – NBRS & Partners Pty Ltd

NBRS & Partners Pty Ltd were commissioned by the property owner to prepare a heritage assessment report and a preliminary version received by Council in October 2017 to enable its tabling at the 7 November 2017 HRC meeting. A copy of the report is included at Attachment A2. The report concludes that:

It is our opinion, based on the physical and documentary evidence that has been carried out on the property and the information contained in the specialist structural report, that the house does not meet the criteria set out by the NSW Heritage Office and Environment for listing as a heritage item…To repair (the) damage and render the place safe and habitable will require a high degree of change to the building.

Building Condition Structural Engineering Reports-

Council Commissioned Report - Shreeji Consultant Pty Ltd

Council commissioned a structural engineering assessment of the site to determine the structural adequacy of the property and identify structural works (including estimated costs) required to bring the property up to an acceptable standard. A copy of the report is included at Attachment A3. The report concludes that:

· The damage observed on the property does not warrant the demolition of the property, the damage can be repaired, returning the house to a safe structural condition.

· The primary cause of damage to the property is water entering the foundation soil. This water movement in the soil, is causing the foundations and internal brick piers to settle, causing cracking in the brickwork and movement in the floors.

· The source of this water is most likely the down pipes on the property which empty directly to the ground below. It is possible that additional water is coming from the ground naturally, but considering the topography of the land that the block is situated on, this source of water should not be causing structural damage.

· It is general practice in construction to direct water from down pipes away from a property by connecting the down pipes to the properties storm water system. This has not occurred at this property.

· There are some roof framing members which require remediation, these members have possibly been damaged when the roof geometry was modified when the rear living area was constructed. The damaged members are limited to improperly installed roof struts and a structurally compromised roof purlin.

· Tree roots are present close to the building west wall and these are to be investigated. For long term stability a root stop wall may be required.

The report further outlines the works required to bring the building to a reasonable standard and estimates a cost of approximately $200,000 to make these improvement (also factoring in some unforeseen works).

Owner’s Report – Acor Consultants Pty Ltd

The property owner also commissioned a structural engineering report. A copy of this report is included at Attachment A4. This report concluded, inter alia:

· The primary damage to the dwelling is the root system of the Liquid Amber which is located adjacent to the boundary at No 71 Kissing Point Road due to the drying out of the surrounding clayey soils. The magnitude and degree of damage is extensive and there is evidence on site that this has been on-going for a long time with previous repairs proving unsuccessful. Where previous repairs to the walls have taken place, cracking has either re-occurred at the same location or adjacent to the earlier repaired damage.

· In our opinion, movement will continue and damage to the residence will remain active for as long as the offending tree is alive.

· There are also consequences should the tree be removed as it will lead to the recovery of the clay soil moisture content, resulting in differential swell movements in the vicinity of the tree. The swell movements generated by the removal of trees are in addition to the shrink-swell movements, which can occur in the clayey soils due to weather related natural moisture changes.

· The likely equilibrium in moisture within the clayey soils, following removal of the tree could take as a minimum two years to develop, possibly longer if the current “drought” persists. Although this may address the rationalisation of the moisture content within the soils, it does not address the decay of the root system currently in place beneath the footing system of the dwelling which will impact negatively on the structure during the rotting process.

· The installation of a deep root barrier adjacent the boundary may destabilize the tree and will necessitate the consultation with an arborist. The decay of the root system however will continue to have adverse effects to the structure as detailed above. We do not recommend repairs to the structure in the current environment (i.e. whilst the tree remains in place) as they will simply only provide a short-term solution with little benefit and be expensive.

· The long-term solution following the tree removal or installation of a deep root barrier will require extensive reconstruction. The extent of the root system will require either removal or a prolonged delay to allow them to decay. At the end of this period, the floor will require removal to gain access to the underfloor pier and footing system and to allow the remediation of the current deformations and subsidence. The footing system will necessitate remediation or reconstruction prior to undertaking extensive repairs to the wall system both internally and externally. All external concrete pathways will similarly require removal and reconstruction. Ornate ceilings may suffer during the remediation works.

· Unfortunately the dwelling has suffered extensive damage and continues to suffer adversely due to the Liquid Amber present in the neighbouring property. If left unattended, there will come a time whereby the dwelling will not tolerate any further movement which will result in structural instability. In our view, the extent of damage has progressed to a point where the cost of repairs will most probably outweigh the benefits.

Heritage Reference Committee

The Heritage Reference Committee considered this matter at its meeting of 7 November 2017. The meeting included presentations from the property owner and his lawyer; and also from Paul Davies. The HRC expressed an opinion that access to the interior of the house for Paul Davies was critical for them to form an opinion on the site. The HRC recommended that staff pursue access to the site prior to any further deliberation on this matter by the HRC. They also requested that Paul Davies be requested to revisit and expand on the comparative analysis section of his report to further justify his conclusion.

This additional work was undertaken and the original report completed by Paul Davies was amended accordingly and is show in Attachment A1 to this report.

The amended report has been circulated to all HRC members for their consideration. The HRC considered the final report and commented as follows:

· Concerns were raised by HRC members that the report does not recommend listing of the property yet recommended its retention and repair by the owner as the building is unlikely to be kept should the heritage listing not proceed.

· The building is identified as a good representative example of the first wave of subdivision for the locality yet is not recommended for retention.

· Consequently, the HRC cannot support the recommendations of the Paul Davies report that the property is not worthy of heritage listing.

· In light of the above, a formal peer review process is recommended for the property.

The purpose of a peer review process is to qualify disputed findings. In this case, it will serve to determine a final position on the heritage values of 69 Kissing Point Road, Turramurra and whether it should be included in a planning proposal to have it listed as a local heritage item.

In light of the HRC’s comments, it is recommended that Council resolve to proceed to a planning proposal for heritage listing of 69 Kissing Point Road, Turramurra, subject to the outcomes of the peer review. Should the peer review recommend the property be heritage listed, the planning proposal will procced to the Department of Planning & Environment for Gateway Determination. If the peer review concludes that the property not be heritage listed, the existing IHO on the site will be reported back to Council and formally revoked.

integrated planning and reporting

Theme 3: 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.

Monitor, identify and respond to gaps in existing heritage strategies, development control plans and local environmental plans.

Governance Matters

Ku-ring-gai Council has the delegation to issue Interim Heritage Orders under the NSW Heritage Act 1977. An interim Heritage order is a temporary order made to protect a potential heritage item while a formal heritage assessment is carried out. This report details the conclusion of the heritage assessment. The Interim Heritage Order for 69 Kissing Point Road, Turramurra will lapse on 19 January 2018 unless Council has passed a resolution before that date that seeks to place the item on the heritage schedule of Ku-ring-gai Local Environmental Plan 2015.

Risk Management

There is a community expectation that places of heritage significance within Ku-ring-gai Council local government area will be identified and protected. There is a strategic risk of damaging the reputation of Council if these culturally significant places are not identified and considered for protection.

Financial Considerations

The costs associated with this matter are covered by the Strategy and Environment Department, Urban and Heritage Planning budget.

Social Considerations

Council is responsible for the identification and management of Ku-ring-gai’s environmental heritage. Consideration of this matter will assist Council in meeting this requirement.

Environmental Considerations

Council is responsible for the identification and management of Ku-ring-gai’s environmental heritage. Consideration of this matter will assist Council in meeting this requirement.

Community Consultation

At this stage community consultation is not required under the NSW Heritage Act 1977. If the proposed IHO proceeds to a future stage of a formal planning proposal to amend the Ku-ring-gai Local Environmental Plan 2015 then formal community consultation will occur.

Internal Consultation

Consultation with other sections of Council has occurred where relevant for the preparation of this report. Council’s Heritage Reference Committee considered this matter at its meeting held on 7 November 2017 and considered the amended report prepared by Paul Davies in November 2011.

Summary

Council resolved to place an Interim Heritage Order on the property at 69 Kissing Point Road, Turramurra, on 18 July 2017 in order to enable full and proper evaluation of its heritage significance and prevent any harm to the site in the interim. Council has commissioned a heritage assessment report for the property which concludes the site does not meet the threshold for local heritage listing. Council’s HRC has requested that this report undergo a peer review in order for them to form a final opinion on the property. Consequently, it is recommended that Council resolve to proceed to a planning proposal for the heritage listing of 69 Kissing Point Road, Turramurra, subject to the recommendations contained within a peer review report to be undertaken for the property.

Recommendation:

a) That Council proceeds to prepare a planning proposal to amend KLEP 2015 to include 69 Kissing Point Road, Turramurra (Lot 4 DP 31925 & Lot 20 DP206712) as a potential heritage item in Schedule 5 and on the Heritage Map.

b) That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

c) That in order to facilitate an expedient 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 requests 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 recommendations A-E are subject to the findings of a peer review of the Paul Davies Pty Ltd Heritage Assessment 69 Kissing Point Rd Turramurra (November 2017) to be completed for the property.

g) In the case where the Peer review concurs with the findings of the Paul Davies Pty Ltd Heritage Assessment (November 2017) the matter report be brought back to Council.

Maxine Bayley

Strategic Planner Heritage

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Paul Davies Pty Ltd: Heritage Assessment Report for 69 Kissing Point Road, Turramurra: Final Report	2017/336263
	A2	NBRS & Partners Pty Ltd Preliminary Heritage Assessment Report: 69 Kissing Point Road, Turramurra	2017/307981
	A3	Shreeji Consultants Pty Ltd Structural Engineering Report: 69 Kissing Point Road, Turramurra	2017/332313
	A4	Acor Consultants Pty Ltd Structural Engineering Assessment: 69 Kissing Point Road, Turramurra	2017/305807

Ordinary Meeting of Council - 12 December 2017	GB.10 / 104

Item GB.10	S11028
	17 November 2017

Gordon Recreation Ground Draft Landscape Masterplan

EXECUTIVE SUMMARY

purpose of report:	To seek Council's approval to place the Gordon Recreation Ground draft Landscape Masterplan on public exhibition.

background:	The Gordon Recreation Ground draft Landscape Masterplan is the eighth District Park Masterplan to be undertaken by Council since Council resolved in 2006 to prepare masterplans for all of Council’s fifteen District Parks. The draft Landscape Masterplan does not involve extensively developing the park, but rather conserving and enhancing it, and introducing additional facilities to improve amenity, improve access and increase user comfort.

comments:	The Gordon Recreation Ground draft Landscape Masterplan provides a vision for the embellishment of the park based on community feedback. It will allow Council to carry out staged improvements to park amenity and infrastructure by prioritising allocation of available Section 94 Development Contributions and guide the allocation of additional funding if and when it becomes available.

recommendation:	That Council places the Gordon Recreation Ground draft Landscape Masterplan on public exhibition for a minimum of 28 days and that the amended plan incorporating community comment be reported back to Council for consideration and adoption.

Purpose of Report

To seek Council's approval to place the Gordon Recreation Ground draft Landscape Masterplan on public exhibition.

Background

Demand for developed open space in Ku-ring-gai is increasing. Predicted increases in the population will have a significant impact on the ability of our existing parks to cater for the needs of current and future residents. Improving and developing existing parks that have the capacity, can provide improved recreation opportunities for this population increase.

Council resolved in 2006 to prepare masterplans for all of Council’s 15 District Parks including Gordon Recreation Ground. District Parks have features that attract people from outside the immediate neighbourhood as they offer a range of recreational opportunities such as playgrounds, active areas for play and sport, social gathering and picnic spaces, passive shady places and gardens, and large open space areas. Additionally, District Parks have toilet facilities and cater for people who travel to the park and stay for a number of hours, as well as attracting local visitors and residents.

Gordon Recreation Ground is classified as a District Park because of its size, location and large areas of public recreation space, and its unique landscape character and heritage. The park is significant as an example of a 1920s semi-formal public park with a mixture of large remnant trees, feature trees fashionable for the era and gardens of exotic flowering plants. Gordon Recreation Ground is highly valued by the community as an area for both passive and active recreation and as a community gathering space.

The Tennis Pavilion and Gateway Pavilion structures within the park are considered to be of high local heritage significance. As part of the draft Landscape Masterplan, a Conservation Management Plan has been prepared to guide the ongoing maintenance of the structures.

Because of the constraints against development within the park, such as local heritage significance and established landscape character, input from the community has been focused on examining what activities may be encouraged and what activities are to be discouraged. This input guides embellishments that can make improvements for users without significant negative impacts on heritage and character. The draft Landscape Masterplan does not involve extensively developing the park, but rather conserving it and introducing additional facilities to improve amenity, improve access and increase user comfort.

Comments

The preparation of this draft Landscape Masterplan has been guided by the local community through a consultation survey. The information gained from the survey and meetings with stakeholders has been used to develop the draft Landscape Masterplan for exhibition.

The draft Landscape Masterplan is included as Attachment A1. The draft Landscape Masterplan is presented as a report describing the existing opportunities and constraints of the site and the park’s proposed improvements.

The draft Landscape Masterplan aims to:

· Integrate sustainable principles into park design.

· Incorporate elements that are important to the community and user groups.

· Balance the concerns of all community groups.

· Provide an holistic approach to design that allows improvements to occur in stages as funding becomes available.

· Respect the established character and local heritage qualities of Gordon Recreation Ground.

· Retain the balance of passive and active recreation activities available in the park.

· Prioritise facility and infrastructure improvements to add to user comfort and satisfaction over the next 5 to 10 years.

· Improve the asset value of the park by providing new assets, and replacement, conservation and reconstruction of dilapidated and aged infrastructure.

Key proposals of the draft Landscape Masterplan are discussed below.

1. Circulation and Views

· Provide park name and information signage at key access points into the park in a style complementary to the existing Tennis and Gateway Pavilions.

· Maintain view corridors to the Tennis and Gateway Pavilions to reinforce the unique landscape character and heritage of the park.

· Open up views and improve access to the existing terraced seating area adjacent to the tennis courts to increase safety and security.

· Review and rationalise the existing vegetation along the park’s boundaries to neighbouring properties to provide an improved aesthetic backdrop to the park.

· Upgrade the park’s path system and remove kerbs to improve accessibility. Reinstate the existing sandstone paving and replace any uneven pavements.

· Investigate an additional pathway link between the tennis courts and playground to create a continuous accessible path network.

· Review and rationalise the existing informal path connections with adjacent residential properties.

· Review the park’s maintenance and service vehicle access points to minimise damage to grass areas and gardens.

· Realign the park’s existing paths away from existing large trees to minimise future damage from tree roots and to increase the playground area.

2. Structures and Furniture

· Undertake restoration works to the Tennis Pavilion to conserve the structure’s existing built heritage and investigate opportunities to integrate accessible toilet facilities within the Tennis Pavilion.

· Undertake restoration works to the Gateway Pavilion to conserve the structure’s existing built heritage, repair damage and provide heritage interpretation opportunities.

· Investigate fencing opportunities to the park’s street frontages in keeping with the park’s existing heritage and landscape character.

· Review and rationalise the location and style of existing seats, tables and bins to maximise passive recreation opportunities and improve accessibility.

· Remove the existing shelters from the terraced seating area adjacent to the tennis courts. Review seating in this area and improve access to open up sightlines to increase safety and security.

· Upgrade the existing playground to provide an inclusive space with a greater variety of play opportunities sited within a fenced area.

· Investigate opportunities to provide accessible toilet facilities adjacent to the playground area if the retrofitting of the Tennis Pavilion is not feasible.

· Investigate opportunities for the installation of netball / basketball hoops and additional line marking to create multi-purpose courts for increased usage.

· Refurbish the timber pergola structure along Rosedale Road as required and embellish its surrounds with flowering vegetation.

3. Services

· Install new light poles and LED light fittings along the park’s path network to increase safety and security, and improve energy efficiency and visual aesthetics.

· Remove the existing overhead power supply cable to the Tennis Pavilion from Rosedale Road and replace it with an underground cable to improve views to the heritage structure.

· Investigate opportunities to upgrade the stormwater drainage system and improve pedestrian safety and visual aesthetics of the path and drainage network.

· Remove the existing bubbler from the terraced seating area adjacent to the tennis courts and relocate to a location along the park’s main pathway. Provide a bubbler to the playground area.

· Investigate opportunities for lighting to the sports courts to encourage greater usage and to increase safety and security.

4. Trees and Vegetation

· Remove trees and stumps identified by the arboricultural report as causing damage to the Gateway Pavilion. Provide replacement tree plantings in appropriate locations.

· Remove the existing large shrub vegetation to the rear of the terraced seating area adjacent to the tennis courts to improve sight lines and security.

· Review and rationalise existing garden beds and replenish with appropriate flowering species in keeping with the park’s landscape heritage.

· Upgrade garden edging treatments between grass areas and garden beds to aid in maintenance and weed control.

· Remove existing street tree plantings under power lines on Rosedale Road. Provide replacement plantings setback from the street frontage to avoid overhead lines.

integrated planning and reporting

Theme 1 - Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.2

New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.

Continue to deliver the objectives of Council’s Open Space Strategy and Open Space Acquisition Strategy

Complete the design for identified parks and include design principles which facilitate passive recreation activities.

Theme 3 - Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1.2

A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.

Prepare district park masterplans to inform the forward open space capital works program

Prepare District Park Masterplan for Gordon Recreation Ground

Governance Matters

Council’s Access and Disability Inclusion Plan 2014-2018 outlines its obligations under relevant disability inclusion legislation and its commitment to equitable access. Under the Disability Discrimination Act 1992, Council must provide ‘equitable and dignified access’ as part of a new facility. The draft Landscape Masterplan addresses these obligations by proposing new accessible pathways linking the different activity areas within the park, providing new accessible toilet facilities and proposing to upgrade the playground to provide an accessible and inclusive playspace.

A primary objective of the draft Landscape Masterplan is to ensure the park is as accessible and inclusive as possible. This will be achieved by supporting the equality of access to proposed facilities and by encouraging community inclusion through the creation of recreation opportunities for uses of varying age, ability and background.

Once the draft Landscape Masterplan is adopted by Council, environmental approval for proposed works will entail the preparation of a Potential Impacts Assessment (PIA) to be approved prior to the tender process.

The park’s playgrounds and their surrounding facilities and support infrastructure are being designed and will be constructed in accordance with relevant Australian Playground Standards.

Risk Management

The Gordon Recreation Ground draft Landscape Masterplan will assist Council to reduce risk. Current risks are exacerbated by the degraded condition of infrastructure, facilities and assets which are close to failure or that may not give equitable access to park users, such as the toilet block.

Degraded facilities can foster vandalism and lack of ownership by the community. The risk of vandalism is the high cost of repairs or replacement, damaged facilities presenting a hazard to park users and the nuisance and inconvenience whilst repairs are undertaken. Reducing vandalism reduces Council’s risk. Improving a facility increases ownership, vigilance, use and interest from the community and assists to reduce vandalism.

As detailed design works are undertaken for the park’s proposed embellishments, the existing trees on the site will be assessed by an independent arboricultural consultant for tree health and safety and these reports will be reviewed by Council’s Tree Management Coordinator to ensure any risk and safety issues related to trees can be addressed as part of the project design.

All contractors engaged to undertake construction works associated with this project will be required to carry appropriate insurances, including Public Liability, Professional Indemnity and Workers Compensation Insurance. Contractors will also be required to have construction methodologies and safe work methods statements approved by Council prior to commencing construction.

To minimise its financial exposure Council also conducts an independent financial assessment of any proposed contractor for any works valued over $150,000 requiring a tender process.

Financial Considerations

Adopted District Park Landscape Masterplans are used to inform the development of the Parks Development Program in Council’s annual Capital Works Program and future Section 94 (s.94) Development Contributions Plans. Each District Park Landscape Masterplan is expected to be implemented over a 10 year period, subject to funding.

The draft Landscape Masterplan provides Council with a long term view on the management of Gordon Recreation Ground. It will enable staged works as funding becomes available, with the knowledge that all projects are in keeping with, and will contribute to, a long term vision for the park. Some works are of an operational nature and can be completed within existing recurrent budgets and others would be subject to current s.94 funds, future capital works and/or grant proposals.

The majority of the funding for the implementation of the draft Landscape Masterplan will come from s.94 Development Contributions. The actual financial commitment resulting from this draft Landscape Masterplan is dependent on competing priorities and funding availability, including recurrent budget, s.94 plans, external grants, and partnerships with stakeholders.

A more detailed budget estimate and prioritisation of proposed upgrade works will be provided as part of the final District Landscape Masterplan.

Social Considerations

The draft Landscape Masterplan provides additional leisure and passive recreation facilities and amenities for a wider range of users than exists currently, particularly families, older people and children. The proposed new facilities are designed to encourage the interaction of community through meeting places and places for enjoying the outdoors. The improvements to the park will provide additional opportunities for healthy outdoor pursuits for residents living in nearby apartments.

The park and playground design provides overlapping territories for each age/ability group to encourage social inclusion. The playground layout provides graduated challenges and opportunities to self-initiate and learn through practice, and aims to empower children to develop the bodily competence it takes to master the equipment or activity and feel independence and a sense of achievement. The play space design contains facilities for carers/parents to actively supervise and be involved in the play activities of their charges, to promote social interaction that can increase trust and shared values between generations.

The addition of the improved assets and facilities proposed in the draft Landscape Masterplan will encourage community inclusion through increased recreational and play opportunities. By creating visitor experiences and recreational value, residents will be drawn to the park where a diverse mix of open space opportunities will help meet increasing demand for open space from a growing population.

Environmental Considerations

Under Part 5 of the Environmental Planning and Assessment Act 1979, Council has a responsibility to consider the likely environmental impact of any proposed activity.

Preliminary environmental site analysis has been carried out at the site with staff from Strategy and Environment and Operations Departments to determine site constraints early in the design process, and ensure any new park embellishments have minimal or positive impacts on the environment.

Arboricultural consultants were commissioned by Council in October 2016 to review the condition and significance of the 113 trees within or adjacent to Gordon Recreation Ground. Many of the large trees within the park are remnants of the original vegetation community that existed prior to the development of the area. These trees are characteristic of the Sydney Turpentine Ironbark Forest which is identified as an endangered ecological community, and is listed as a critically endangered community in the Biodiversity Conservation Act 2016 (NSW). Generally the trees were found to be in good condition and of high landscape significance. The draft Landscape Masterplan proposes the removal of 6 trees along Rosedale Road due to their location under power lines, and the removal of 3 trees adjacent to the Gateway Pavilion due the damage these trees are causing to the structure.

Positive impacts of the draft Landscape Masterplans proposals include:

· Increasing tree protection areas around existing trees;

· realigning existing paths away from existing tree trunks and roots;

· improving the energy and water use of the existing lighting and toilet facilities through asset upgrades;

· improvements in the capture of stormwater runoff and drainage; and

· the proposed planting of canopy trees.

The embellishment works proposed in the draft Landscape Masterplan are listed as exempt development under SEPP – Infrastructure, Clause 66 (1) (a) (i), (iv). Council’s environmental assessment processes will be followed as determined by site requirements and the Preliminary Impact Assessment (PIA) will address all relevant environmental impact issues. The PIA will be prepared by Council’s Natural Areas Officers and approved by Director Strategy and Environment and Director Operations, prior to tender.

During construction the site will be subject to legislative and contractual obligations such as an environmental management plan which will ensure appropriate controls are in place and maintained during the works, such as, protective fencing, erosion control, silt fencing, runoff protection, tree protection, recycling appropriate materials, dust and noise abatement, and weed and waste control.

Community Consultation

In May 2016 Council mailed 1298 surveys within 500 metres of the new park. Residents were asked how they currently use Gordon Recreation Ground and what facilities they would like to see in the park in the future. The questionnaire and online survey was open for comment for four weeks.

The purpose of the survey was to identify:

· Who visits the park, and when and how often user groups visit the park;

· the mode of transport used to visit the park;

· the time usually spent at the park and the main activities undertaken;

· what they most value and least like about the park, and;

· what additional activities or facilities they would like to see in the park.

The following common themes emerged from the consultation process:

· As well as being frequented for its recreational opportunities, the park is also commonly used by walkers passing through the area and people commuting to the train station. Concerns about the current lighting levels in the park while walking at night were raised by numerous users.

· To many of the respondents, the existing trees and open space are seen as valuable elements which should be retained and enhanced. Patrons also value the garden bed areas, flowering plants and existing landscape character.

· Many respondents expressed concern at anti-social behaviour and noise levels in the park in the evenings (concentrated around the terraced seating and shelter area adjacent the tennis courts), occurrences of vandalism and the condition of the existing toilet block building.

The responses to the user survey were reviewed and analysed and have helped inform the preparation of the draft Landscape Masterplan.

A sample of the resident survey is provided in Attachment A2.

Internal Consultation

Internal consultation has been undertaken in the process of preparing the draft Landscape Masterplan with relevant staff in Community, Strategy and Environment and Operations.

Operations maintenance staff and supervisors have been consulted to determine maintenance issues and asset condition. The arboricultural report has been reviewed by Council’s Tree Management and Natural Areas staff. The Conservation Management Plan prepared for the Gateway and Tennis Pavilions has been reviewed by Council’s Heritage Planning and Building Services staff.

Internal consultation is supportive of the draft Landscape Masterplan.

Summary

In November 2006 Council resolved to develop Landscape Masterplans for District Parks. Council is now preparing a Landscape Masterplan for Gordon Recreation Ground.

Landscape Masterplans encourage community consultation in the process of upgrading a park. The Landscape Masterplan will identify embellishments that will improve a park, such as increasing recreation opportunities, integrating sustainability principles, and improving facilities. This will enable staged works as funding becomes available, with the knowledge that all projects are in keeping with, and will contribute to, a long term vision for the park. Expenditure for embellishment will be sourced from s.94 development contributions. Landscape Masterplans assist Council in ensuring that these funds are used to the best effect for the local community within a reasonable timeframe.

The draft Landscape Masterplan when exhibited will draw further input from community and stakeholder groups and assist to complete a final District Landscape Masterplan for Gordon Recreation Ground to be brought back to Council for adoption.

Recommendation:

A. That Council places the Gordon Recreation Ground draft Landscape Masterplan on public exhibition for a minimum of 28 days.

B. That the amended Landscape Masterplan incorporating community comment be reported back to Council for adoption.

Nick Brown

Landscape Architect

Ian Dreghorn

Manager Strategic Projects

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Gordon Recreation Ground Draft Landscape Masterplan		2017/328225
	A2	Gordon Recreation Ground Community Consultation Survey		2017/328233

Ordinary Meeting of Council - 12 December 2017	GB.11 / 113

Item GB.11	S10746
	21 November 2017

Minutes of the Flood Risk Management Committee Meeting 14 November 2017

EXECUTIVE SUMMARY

purpose of report:	For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 14 November 2017.

background:	The Flood Risk Management Committee, an advisory committee of Council, is an essential step in the NSW Government’s floodplain risk management process, as per the NSW Floodplain Development Manual (2005).

comments:	At the meeting held on 14 November 2017 the Flood Risk Management Committee discussed 3 business paper reports addressing: 1. Review of Flood Risk Management Committee; 2. Blackbutt Creek Flood Risk Management Study and Plan update and consideration of mitigation options (including a presentation from consultants GHD); and 3. Additional flood project updates.

recommendation:	That Council receives and notes the minutes of the Flood Risk Management Committee meeting held on 14 November 2017.

Purpose of Report

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on
14 November 2017.

Background

The Flood Risk Management Committee, an advisory committee of Council, is an essential step in the NSW Government’s floodplain risk management process, as per the NSW Floodplain Development Manual (2005).

Comments

At the meeting held on 14 November 2017 the Flood Risk Management Committee discussed 3 business paper reports addressing:

1. Review of Flood Risk Management Committee;

2. Blackbutt Creek Flood Risk Management Study and Plan update and consideration of mitigation options (including a presentation from consultants GHD); and

3. Additional flood project updates including;

· Lovers Jump Creek Flood Risk Management Study and Plan,

· Norman Griffiths Oval Flood Study,

· Brown’s Waterhole planned investigation,

· Council using WaterRIDE software,

· Inclusion of LEP provisions in the next LEP update.

The meeting minutes (Attachment A1) have not been distributed to members of the Committee and will remain draft until confirmed at the next Committee meeting scheduled for early 2018.

integrated planning and reporting

Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

An aware community able to prepare and respond to the risk to life and property from emergency events.

Plans are developed in partnership with emergency service agencies and key stakeholders and implemented.

Undertake floodplain risk study

in consultation with Floodplain

Risk Management Committee.

Governance Matters

The Flood Risk Management Committee, with community, industry and government representation will act as an advisory committee to Council for the development of all flood studies and flood risk management studies and plans.

Risk Management

The recent floods in various parts of Australia have highlighted the importance of floodplain risk management and have raised public awareness of the need for all councils to provide landowners with the best possible information on the risk of flooding to their property.

Financial Considerations

The Committee is an Advisory Committee and does not have the power to incur expenditure or to bind Council.

Social Considerations

Members should be aware that activities of the Committee have a number of implications for property owners and members of the community. The results of flood studies and flood risk management studies and plans can impact on property values, insurance premiums, planning controls and options for future development.

Environmental Considerations

The NSW Floodplain Development Manual (2005) clearly identifies the need for flood risk management to take into account the principles of ecologically sustainable development and to consider ways of “maintaining and enhancing riverine and floodplain ecology in the development of floodplain risk management plans” (section 1.1.2).

Community Consultation

The Flood Risk Management Committee is an Advisory Committee of Council and includes members from the local community and relevant State agencies.

Internal Consultation

Council staff have been nominated to attend the Committee meetings.

Summary

The Flood Risk Management Committee met on 14 November 2017 to discuss:

· Review of Flood Risk Management Committee;

· Blackbutt Creek Flood Risk Management Study and Plan update and consideration of mitigation options (including a presentation from consultants GHD); and

· Additional flood project updates

The meeting minutes will remain draft until confirmed at the next Committee meeting scheduled for early 2018.

Recommendation:

That Council receives and notes the minutes of the Flood Risk Management Committee meeting held on 14 November 2017.

Sophia Findlay

Water and Catchments Program Leader

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

Minutes Flood Risk Management Committee Meeting of 14 November 2017

2017/324258

Ordinary Meeting of Council - 12 December 2017	GB.12 / 117

Item GB.12	S10973-1
	22 November 2017

Lindfield Village Hub Reference Committee

EXECUTIVE SUMMARY

purpose of report:	To have Council consider the terms of reference and composition of the Lindfield Village Hub Reference Committee.

background:	At the Council meeting held on 14 November 2017 Council resolved to establish a Reference Committee for the Lindfield Village Hub.

comments:	This report provides the Terms of Reference for the operation of the committee and the proposed membership.

recommendation:	That Council adopt the Terms of Reference and membership of the Lindfield Village Hub Reference Committee.

Purpose of Report

To have Council consider the terms of reference and composition of the Lindfield Village Hub Reference Committee.

Background

At the Council meeting on 14 November 2017 Council resolved the following;

A. The above Notice of Motion be amended as follows:

In the normal course of business in any given year, Council has the carriage of scores of millions of dollars of business in a variety of forms. At the moment, there are a number of projects under consideration, which can be very demanding on resources and very confusing for external stakeholders.

In the same way that we manage other substantial Council business via committees, I submit Council, the community and the developers/sponsors would benefit from a dedicated team overseeing all aspects of these projects, providing a single point of contact and acting as a conduit for all parties to ensure projects stay on track and provide valuable transparency. In addition, they provide a valuable experiential opportunity for both Councillors and council staff to interact with external stakeholders.

The project I would like to start this process with is the Lindfield Village Hub, but this could be extended to other projects in time.

B. Council establish a dedicated committee to oversee the operations of the Lindfield Village Hub and said committee comprise Council operational staff, the Mayor, three councillors, and three members of the community. It may be a requirement that the community representatives execute a non-disclosure agreement prior to taking up the role. A report be brought back to Council on the Terms of Reference for the Committee, with the composition to be advised.

Comments

This report provides the terms of reference for the operation of the committee and the proposed membership, see Attachment A1 Terms of Reference Lindfield Village Hub Reference Committee.

The proposed role of the Committee is to provide advice to Council on community related development outcomes limited to the following areas:

· Communication and engagement;

· place making;

· environmental sustainability;

· planning and design outcomes;

· service delivery;

· social procurement.

Note: The reference Committee will not deliberate on any matters considered as Commercial in Confidence; which includes but not limited to financial and economic viability, tender and procurement methodology or evaluation matters.

The Council resolution of 14 November, 2017 stipulated the proposed membership, however in accordance with the last part of resolution referring to “with the composition to be advised” the proposed membership has been reviewed as set out below.

The proposed Membership has been further reviewed to assist in bringing together the best pool of candidates and will comprise:

· Mayor (chairperson) and 3 Councillors;

· Up to 5 Community Representatives;

· 1 representative from Transport for NSW; and

· 1 representative from Roads & Maritime Services.

The inclusion of a probity adviser will assist in ensuring all meetings are conducted and all information communicated and recorded in a manner which consistent with Council’s adopted Lindfield Community Hub Probity Management Plan. A mixture of public and confidential information may be shared at the Committee meetings, with the provision for protection of any confidential information covered by Council’s adopted policies and guidelines. However, the inclusion of a probity adviser will assist Council to manage communication that relates to matters considered to be Commercial in Confidence and any perceived conflicts of interest.

The inclusion of proposed State agency representatives would assist Council to ensure open and transparent information is shared between key stakeholders and the community. State agency members should be representatives involved in the negotiation between Council and the respective agency.

In order for Council to ensure the success of the committee, it is important that members represent a broad cross-section of the community hence the inclusion of 2 additional members. In addition they must have the relevant experience, skills and local knowledge to understand the competing priorities and objectives of this complex Project. This is necessary in order to achieve agenda outcomes and timeframes. Furthermore, members should be able to demonstrate they value working in a collaborative, supportive environment.

Council requires committee member nominations to meet the following prerequisite requirements:

· nominees must provide evidence of being a resident or ratepayer of Lindfield; and

· nominees must demonstrate an understanding of the Project vision, objectives and complexity within their application.

Community Representative Requirements are included in Attachment A1.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Opportunities are provided to our community to contribute to plans for enhancing the local area and visual amenity of our centres.

Engage with community in master planning and design process for the local area.

Engage with key stakeholders and the community in the revitalisation of our

neighbourhood centres as per the adopted program

Governance Matters

Under the Local Government Act 1993 and the Local Government (General) Regulation 2005 a Council can form committees and determine their functions, powers, membership and voting rights. Council has adopted a Council Advisory / Reference Committees Guideline to guide the conduct of these and the Lindfield Village Hub Reference Committee would also be subject to these guidelines.

Risk Management

The proposed role of the Committee is to provide advice to Council on community related development outcomes for the Lindfield Village Hub Project and this will assist opening new links to the community and gaining feedback on a range of community development matters. This should assist in raising Council’s profile and reputation in engaging with the local community on appropriate aspect of the project.

Financial Considerations

The Committee would be financed through the Lindfield Village Hub Project Budget.

Social Considerations

The proposed Lindfield Village Hub Reference Committee can provide feedback to Council on social considerations related to the project.

Environmental Considerations

The proposed Lindfield Village Hub Reference Committee can provide feedback to Council on environmental considerations related to the project.

Community Consultation

Not required for the preparation of this report. If Council proceeds with this proposal an expression of interest will be called for via the Local Press and Council’s website.

Internal Consultation

Internal consultation, where relevant, has been undertaken in the preparation of this report.

Summary

At the Council meeting on 14 November 2017 Council resolved to establish Reference Committee for the Lindfield Village Hub project. This report provides the terms of reference for the operation of the committee and the proposed membership.

Recommendation:

A. That Council adopt the Terms of Reference and membership of the Lindfield Village Hub Reference Committee as set out in Attachment A1.

B. That Council calls for expressions of interest for the membership of the Committee and a further report be brought back to Council to consider the nominations.

Nicole Gerschel

Project Leader - Major Projects

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Lindfield Village Hub Reference Committee Terms of Reference

2017/333259

Ordinary Meeting of Council - 12 December 2017	GB.13 / 122

Item GB.13	CY00066/9
	27 November 2017

Extinguishment of Council Easement -
38-40 McIntyre Street Gordon

EXECUTIVE SUMMARY

purpose of report:	To seek approval for the extinguishment of an existing Council drainage easement at 38-40 McIntyre Street Gordon and the creation of new easement over the property in an alternate location in favour of Council.

background:	Pursuant to the Land and Environment Court Proceedings 11139 of 2015 (DA0463/15) approval was given to the Applicant for the demolition of the existing dwellings on the two Lots and the construction of a residential townhouse development comprising 14 townhouses with associated basement parking and landscaping works, subject to a number of conditions. Modifications to the LEC approval were subsequently approved by Council (MOD021/16) for alterations to the basement, parking, entry to two of the townhouses, external finishes and landscaping.

comments:	The Applicant is seeking the extinguishment of an existing drainage easement benefitting Council that traverses Lot 2 DP 535505 of the development site (Lot 2 DP 535505 and Lot 2 DP 518757). The development cannot proceed unless Council’s existing drainage system is relocated. The Applicant will be required to construct a replacement drainage system to Council’s specifications at no cost to Council. A resolution of Council is required to extinguish an existing Council easement and to acquire a new easement over the Applicant’s land.

recommendation:	That Council approves of the extinguishment of an existing easement at 38-40 McIntyre Street Gordon and the creation of a new easement as set out in the report.

Purpose of Report

Background

Pursuant to the Land and Environment Court Proceedings 11139 of 2015 (DA0463/15) approval was given to the Applicant for the demolition of the existing dwellings on the two Lots and the construction of a residential townhouse development comprising 14 townhouses with associated basement parking and landscaping works, subject to a number of conditions. Modifications to the LEC approval were subsequently approved by Council (MOD021/16) for alterations to the basement, parking, entry to two of the townhouses, external finishes and landscaping.

The development site comprises 2 allotments, being 38 McIntyre Street Gordon (Lot 2 DP 518757) and 40 McIntyre Street Gordon (Lot 2 DP 535505). Lot 2 DP 535505 is currently burdened by a Council easement to drain stormwater (M762951 and P227790).

Comments

Australian Dragon Investment Group (the Applicant) has made a formal application for the extinguishment of an existing Council easement which traverses over part of the proposed development site on Lot 2 DP 535505 (Attachment A1). The existing easement (Attachment A2) is proposed to be located on an alternate location on the property (Attachment A3). For the development approval to become operative Council, as the asset owner, must consent to the relocation of the existing easement.

The relocation of the drainage infrastructure off the building footprint to the new proposed location will also result in a development uplift in the value of the property. An easement is a valuable property right and there is a responsibility, on Council’s part, to dispose of Council’s interests in property in a commercially transparent, fair and proper manner. This includes extinguishing easements for fair value. The most objective manner for Council to ensure that this occurs is to obtain an independent valuation of the easement to be extinguished based on the circumstances of the case.

The Applicant has submitted the required application for the extinguishment of the existing easement and the creation of a new replacement easement to benefit Council in accordance Council’s adopted Easement Management Policy. The policy sets out the formal process and requirements to release, modify and create Council easements on private lands including the payment of Council’s legal costs and compensation in the event the release of the easement is approved by Council.

The acceptance of the application and the accompanying assessment fee does not confirm that the easement request will be approved, and this is clearly stated in the Easement Management Policy.

This report seeks Council’s approval to progress the application process and endorse the General Manager as the delegated authority to conclude future negotiations with the Applicant in relation to securing fair compensation for the extinguishment of the existing easement based strictly on the valuation advice that Council receives from its expert independent valuer. Council will also be required to acquire a new easement over the property to drain water at no cost to Council.

integrated planning and reporting

Theme – Leadership and Governance - L2 Financial capacity and sustainability

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Council rigorously manages its financial resources and assets to maximise service delivery

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 is permitted to dispose, or deal with property, including easements, in accordance with the Local Government Act 1993.

The existing easement is a valuable proprietary right that benefits Council. The Council can only agree to extinguish the easement by a resolution of Council.

Council’s adopted Easement Management Policy 2013, outlines processes and requirements for both internal and external parties. The Policy has been provided to the Applicant to ensure that all parties are informed of Council’s requirements and dealings are consistent with its terms.

Risk Management

Subject to Council resolution, the appropriate legal documentation to extinguish the easement will be prepared or reviewed by Council’s solicitors.

Financial Considerations

The Applicant will be responsible for all costs associated with the extinguishment of the easement, including but not limited to construction of new drainage works, relocation and de-commissioning of infrastructure, valuation, legal, survey, stamp duty, registration etc., and payment of final compensation.

Council staff are currently obtaining fee proposals from registered valuers to obtain a valuation to assess fair compensation for extinguishing Council’s existing easement over this site. The appointed valuer will be instructed to take into account all relevant circumstances, including the in-part relocation of the new stormwater drainage easement over the same privately owned property (the development site) and associated infrastructure being provided to Council at no cost. Another factor that the valuer will be instructed to assess is the ‘uplift to the developer’ of the property to allow development due to Council approving the relocation.

In line with the adopted Easement Management Policy and, subject to Council resolution, the quantum of compensation to be negotiated with the Applicant shall be based on the valuation advice that Council receives from its independent expert valuer.

Social Considerations

Council and its officers have a responsibility to the community to only dispose of Council’s interests in property in an objective and fair manner.

Environmental Considerations

Environmental impacts have been determined and mitigated through the development assessment and approval process.

Community Consultation

There has been no specific community consultation undertaken in relation to the specific easement request contained in this report.

Internal Consultation

Consultation has been held with staff from Council’s Operations, Development and Regulation and Strategy and Environment Departments.

Summary

The Applicant seeks to extinguish an existing drainage easement that benefits Council on Lot 2 DP 535505 which will necessitate the relocation of Council’s drainage infrastructure and the creation of a new easement over the property.

The Applicant has been advised of Council’s requirements to progress the extinguishment of the existing easement and has paid the required application fee and submitted written confirmation agreeing to Council’s requirements set out in Council’s adopted Easement Management Policy.

Easements are a valuable property right and an asset of Council which are required to be disposed of in a commercially transparent, fair and proper manner.

The most objective manner for Council to ensure that this occurs is to obtain an independent valuation of the easement to be extinguished which takes into account all relevant circumstances, including any “uplift” in the value of the property and the enhanced development potential of the site due to the relocation of the easement.

Council’s approval is sought to progress the application process and endorse the General Manager as the delegated authority to conclude future negotiations with the Applicant in relation to securing fair compensation for the extinguishment of the existing easement based on the valuation advice that Council receives from its expert independent valuer.

Council will also be acquiring a new easement over Lot 2 DP 535505 in an alternate location at no cost to Council. The Applicant will be required to meet all costs associated with the proposal including survey, legal and the cost of providing the new drainage system to Council’s specifications.

Recommendation:

A. That the General Manager or his delegate be authorised to negotiate Council’s requirements including compensation for the extinguishment of the existing easement at 38-40 McIntyre Street Gordon and the relocation of Council’s replacement drainage infrastructure on the Applicant’s land at no cost to Council.

B. Subject to the General Manager or his delegate completing negotiations on the basis set out in the report that Council grants approval for the extinguishment of the existing easement (M762951 & P227790) at 38-40 McIntyre Street Gordon being Lot 2 DP 535505 and the creation of a new easement in favour of Council on the new lot to be consolidated.

C. That Council authorises the Mayor and General Manager to affix the Common Seal of the Council to the instrument for the extinguishment and creation of the subject easement and execute all associated documentation.

Vince Rago

Property Program Co-ordinator

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Easement Application by Australian Dragon Investment Group to extinguish Council easement	2017/334656
	A2	Existing easement - 38 - 40 McIntyre Street Gordon	2017/334646
	A3	Proposed easement - 38 - 40 McIntyre Street Gordon	2017/334650

Ordinary Meeting of Council - 12 December 2017	GB.14 / 127

Item GB.14	S11334
	28 November 2017

NSW Container Deposit Scheme - Reverse Vending Machine Proposal for Ku-ring-gai LGA

EXECUTIVE SUMMARY

purpose of report:	To advise Council of an approach to install Reverse Vending Machines in the Ku-ring-gai local government area under the NSW Container Deposit Scheme.

background:	Containers for recycling in exchange for a 10 cent refund. The CDS commenced on 1 December 2017 in NSW. The aim of the CDS is to reduce the volume of litter in participating States by 40% by 2020.

comments:	The Network Operator is keen to work with Council to establish suitable sites within the Ku-ring-gai local government area.

recommendation:	That Council agrees in principle to the installation and operation of Reverse Vending Machines in suitable location across the Ku-ring-gai local government area as outlined in this report.

Purpose of Report

To advise Council of an approach to install Reverse Vending Machines in the Ku-ring-gai local government area under the NSW Container Deposit Scheme.

Background

Under the NSW Container Deposit Scheme (CDS), people will be able to return eligible beverage containers for recycling in exchange for a 10 cent refund. The CDS commenced 1 December 2017 in NSW. The aim of the CDS is to reduce the volume of litter in participating states by 40% by 2020.

The NSW State Government has appointed Tomra Collection Pty Ltd and Cleanway (joint venture partners) as the Network Operator for NSW.

Network Operators will set up and run a state-wide network of collection points including depots and reverse vending machines and is responsible for installation of container collection kiosks and depots across NSW.

Council staff have been approached by representatives of the Network Operator (Tomra-Cleanway JV) to establish locations for Reverse Vending Machines (RVM) in the Ku-ring-gai local government area.

Comments

The Network Operator is keen to work with Council to establish suitable sites within the Ku‑ring‑gai local government area (Attachment A1).

Council staff and the Network Operator initially identified the following sites as potential locations for the RVMs, subject to the appropriate environmental assessments and commercial transactions being completed:

1. Area 1. Lindfield Village Green Car Park 2-4 spaces;

2. Area 2. Culworth Avenue Carpark 2-5 spaces;

3. Area 3. 208-210 Mona Vale Road Car Park 2-4 spaces;

4. Area 4. 12 William Street Carpark Turramurra 2-4 spaces.

However, following further internal investigations staff identified constraints with Areas 1 and 4 as follows:

Area 1 - has an approved Development Consent to construct the Village Green which could commence as early as end of 2018. Therefore any Licence Agreement would have a limited term for occupation.

Area 4 – the four spaces identified are partly on Coles land and partly on Council’s road reserve. Council cannot provide consent to use a private property owner’s land. The Network Operator has been advised to reassess and submit an alternative location entirely on Council’s land.

It is imperative that any currently proposed or potential future sites are fully assessed as being suitable. This is discussed further under the Environmental Considerations section of this report.

Due to Council’s pending and extended recess until 6 February 2018, this report seeks to obtain sufficient delegated authority to progress site location identification and analysis, and negotiate commercial terms to protect Council’s interest.

It is also proposed that once site locations are agreed then carry out an extended period of community consultation for those sites located on Community Classified land.

integrated planning and reporting

Theme – Leadership and Governance - Financial capacity and sustainability

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Council rigorously manages its financial resources and assets to maximise service delivery

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Ensure the commercial property portfolio provides market returns

Theme – Natural Environment – Sustainable Resource Management

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community progressively reducing its consumption of resources and leading in recycling and reuse.

The community is responsible and engaged in improved recycling and reduction in resource use.

Deliver community waste education programs and report on recycling/diversion targets.

Deliver grant funded Waste Less Recycle More projects.

Administer the NSROC Regional Waste Disposal Contract and Regional Waste

Plan actions.

The community is responsible

and engaged in energy and

water conservation and efficiency programs.

Deliver community energy reduction and water conservation programs.

Governance Matters

The installation and operation of RVMs in car parks is permitted under the State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Container Recycling Equipment) 2017.

The classification of public land is specific to the Local Government Act 1993. The proposed sites are located on Council-owned car parks which are both Operational and Community classified lands.

Operational Land being the most flexible in terms of how it can be used in accordance with the applicable land use controls.

Whilst Community Land has an additional level of controls applied to it through Plans of Management (POM). The potential locations classified as Community Land are:

· Area 2. Culworth Avenue Carpark 2-5 spaces

· Area 3. 208-210 Mona Vale Road Car Park 2-4 spaces

Leasing and licensing of community land can only be carried out if authorised by a POM. The car parks are covered under Council’s Car Parks Generic POM 2009, which expressly authorises Council, by resolution, to enter into lease or licence agreements with relevant authorities, organisations or individuals in relation to the provision of services or utilities for a public purpose.

Risk Management

Should Council resolve to enter into a commercial agreement with the Network Partner all legal documentation will be prepared by our solicitors.

As is the usual practice of Council all legal documentation includes standard commercial clauses including adequate insurances, payment of fees and responsibility for maintenance, repairs and services.

These are outlined in the Confidential Attachment A2.

Financial Considerations

The draft Heads of Agreement outlines Council’s commercial terms for each site (Confidential Attachment A2).

At the time of writing this report the Network Operator had agreed to all requirements with the exception of the Licence Fee, and has submitted a counter offer. It is recommended that Council staff continue commercial negotiations with the Network Operator to achieve an improved financial return above the counter offer.

Social Considerations

The aim of the CDS is to reduce the volume of litter in participating states. There are a number of social benefits associated with the reduction of waste.

Environmental Considerations

The installation and operation of RVMs in car parks are permitted under the State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Container Recycling Equipment) 2017.

Council staff have requested that the Network Operator prepares a Potential Impact Assessment (PIA) for each location. This is a standard practice for Council when carrying out any exempt development on public land and it should also apply for these locations. .

Council will also require that the Licensee provide an Operating Plan detailing the management of specific issues identified in the PIA e.g. waste collection, noise control, traffic, vehicle & pedestrian egress implications for each location.

There are a number of environmental benefits associated with the reduction of waste.

Community Consultation

Should Council resolve to enter into licence agreements for those locations situated on Community Classified land public notification of Council’s intention to do so is required in accordance with section 47A of the Local Government Act, 1993.

Internal Consultation

There have been internal discussions about the proposal between Council’s Strategy and Environment and Operations Departments.

Summary

The NSW Container Deposit Scheme (CDS) commenced1 December 2017. The aim of the CDS is to reduce the volume of litter in participating states by 40% by 2020.

Tomra Collection Pty Ltd and Cleanway are the appointed Network Operator for NSW and are seeking to establish and operate state-wide network of collection points including Reverse Vending Machines across NSW.

The Network Operator has approached Council to establish locations for Reverse Vending Machines in the Ku-ring-gai local government area and initially identified four (4) sites as potential locations for the RVMs. This would be subject to the appropriate environmental assessments and commercial transactions being completed.

An initial evaluation of these potential sites by Council staff has established that they are not entirely suitable and further assessment is required to ensure the RVMs are placed in the most appropriate location.

Hence this report seeks to obtain Council’s agreement in principle to the installation of RVMs in the local government area and delegate authority to the General Manager to investigate the suitable and/or alternative locations as required.

Any resolution of Council to enter into lease or licence agreements is subject to land zoning, consultation with residents and businesses and relevant legislation.

Recommendation:

A. That Council agrees in principle to the installation and operation of Reverse Vending Machines in suitable location across the Ku-ring-gai local government area as outlined in this report.

B. That in the event the Potential Impact Assessments identify constraints that cannot be managed by the Network Operator the General Manager or his delegate be authorised to negotiate alternative locations.

C. That the General Manager or his delegate be authorised to negotiate the commercial terms for the installation and operation of the Reverse Vending Machines in line with terms set out in the report.

D. That subject to the identification of mutually agreed locations, Council enters into Licence Agreements with the Network Operator for the use of land or road reserve associated with the installation and operation of Reverse Vending Machines.

E. That Council authorises the Mayor and General Manager to sign all documentation associated with the Licence Agreements.

F. That the Mayor and the General Manager be delegated authority to execute all documentation associated with the Licences.

G. That Council affixes the Common Seal to all necessary documents.

H. That public notification of the proposed Licence be undertaken in accordance with section 47A of the Local Government Act 1993.

Deborah Silva

Manager Integrated Planning, Property & Assets

Colin Wright

Manager Waste

Matthew Drago

Acting Director Operations

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Ku-ring-gai Council Engagement Pack		2017/343291
	A2	CONFIDENTIAL - Draft Heads of Agreement - Reverse Vending Machines - Various locations - including counter offer		Confidential

Ordinary Meeting of Council - 12 December 2017	MM.1 / 26

Item MM.1	S08989
	28 November 2017

Ordinary Meeting of Council - 12 December 2017	GB.3 / 42

Item GB.3	CY00043/9
	30 November 2017

Ordinary Meeting of Council - 12 December 2017	NM.1 / 133

Item NM.1	S09750
	4 December 2017

Ordinary Meeting of Council - 12 December 2017	NM.2 / 135

Item NM.2	S02524
	4 December 2017