Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 10 April 2018 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(s) and attachments:

C.1 General Manager's Performance Review - Proposal for Review Facilitation

Attachment A1: Proposal for KMC GM Performance Review Facilitation - Attachment to Mayoral Minute 10 April 2018

This attachment is classified under Section 10A(2)(a) because it contains personnel matters concerning particular individuals (other than Councillors)

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 attachments to the following General Business reports:

GB.1 Code of Conduct - NSROC Panel of Conduct Reviewers

Attachment A2: NSROC 2017-2021 Panel of Conduct Reviewers

Attachment A3: NSROC 2017-2021 Conduct Reviewer Panel – Submissions

These attachments are classified confidential under Section 10A(2)(d)(i) because if disclosed could prejudice the commercial position of ther person who supllied it.

GB.2 Major Projects Governance, Resourcing and Financing

Attachment A1: Attachment A1 - Governance Advice for Ku-ring-gai Council Major Projects ThinkClear Group Report Craig Calder

This attachment is classified confidential under Section 10A(2)(a) because it contains personnel matters concerning particular individuals (other than Councillors);

Attachment A5: Attachment A5 - Major Projects Group Structure (draft)

This attachment is classified under Section 10A(2)(a) because it contains personnel matters concerning particular individuals (other than Councillors)

GB.3 Lindfield Village Hub Reference Committee

Attachment A4: Nomination results from spreadsheet

Attachment A5: Pre interview responses

Attachment A6: Confidential attachment panel recommendation

These attachments are classified under Section 10A(2)(a) because it contains personnel matters concerning particular individuals (other than Councillors)

GB.6 Public exhibition submissions - Proposed Closure of a Portion of Public Road - Balfour Lane Lindfield

Attachment A3: Legal Advice

This attachment is classified under Section 10A(2)(f) because it contains information about the security of the Council, Councillors, Council Staff or Council Property

Attachment A5: Submissions & responses

This attachment is classified under Section 10A(2)(a) because it contains personnel matters concerning particular individuals (other than Councillors)

GB.8 Tender RFT04-2018 - Primula Oval Sportsfield Lighting Upgrade

Attachment A1: List of tenders received and recommendation

Attachment A2: Tender Evaluation Panel’s assessment

These attachments are classified confidential under Section 10A(2)(d)(iii) because it would reveal a trade secret.

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 7

File: S02131

Meeting held 27 March 2018

Minutes numbered 61 to 75

minutes from the Mayor

Petitions

GENERAL BUSINESS

i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

GB.1 Code of Conduct - NSROC Panel of Conduct Reviewers 22

File: S08447

For Council to establish a panel of conduct reviewers in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

Recommendation:

That Council endorse the recommended NSROC Regional Panel of Conduct Reviewers as outlined in this report.

GB.2 Major Projects Governance, Resourcing and Financing 26

File: S11906

To provide Council with the findings of a review of the governance, resourcing and financial parameters for Council’s major projects.

Recommendation:

A. That Council establish a Councillors Major Projects Consultation Forum and adopt the Charter attached to this report.

B. That Council establish a Major Projects Advisory Committee and adopt the Charter attached to this report.

C. That the draft Property Development and Investment Policy be placed on public exhibition for 28 days and subsequently be reported back to Council.

D. That Council note that an internal Major Projects Steering Committee has been established by the General Manager.

E. That Council note the proposed staffing structure of the Major Projects Group.

F. That Council endorse the increased allocation of funding from s94 developer contributions for major projects as required to resource the proposed staff and committee structure and progress the developments.

GB.3 Lindfield Village Hub Reference Committee 32

File: CY00551

To provide Council with nominations for the Lindfield Village Hub Community Reference Committee.

Recommendation:

A. That Council establishes a Lindfield Village Hub Community Reference Committee

B. That Council select members from the shortlist provided to sit on the Reference Committee. (Confidential attachment A6).

C. That Council selects the three Councillor representatives to sit on the Reference Committee.

GB.4 2018 National General Assembly of Local Government - Nomination of Delegate 39

File: S02133

For Council to determine the voting delegate for the 2018 National General Assembly of Local Government.

Recommendation:

A. That Council determines one voting delegate for the 2018 National General Assembly of Local Government.

B. That other councillors interested in attending notify the General Manager by Wednesday 2 May 2018.

GB.5 Finance Committee Meeting Date 43

File: CY00546/2

To recommend that the date for the next meeting of the Finance Committee be brought forward to allow for consideration of the draft budget, Operational Plan, Delivery Program and Resourcing Strategy.

Recommendation:

That the next meeting of the Finance Committee scheduled for Monday 14 May 2018 be brought forward and held on Monday 30 April 2018.

GB.6 Public exhibition submissions - Proposed Closure of a Portion of Public Road - Balfour Lane Lindfield 46

File: 88/06274/01

To update Council on submissions received on the proposed closure of a portion of the public road Balfour Lane Lindfield in order to progress the road closure.

Recommendation:

That Council acknowledges the submissions relevant to the closure and relocation of the public road and submits a formal road closure application for a portion of Balfour Lane, Lindfield, to the Department of Primary Industry – Lands & Water.

GB.7 Havilah Lane Lindfield - offer to enter into a VPA to dedicate land for laneway widening 58

File: S11436

To advise Council of the formal receipt of a letter of offer for the dedication of land in Havilah Lane for the purposes of laneway widening and future public domain improvements.

Recommendation:

That the formal offer to enter into a VPA be noted and that authority be delegated to staff to pursue the document to a draft exhibition stage.

GB.8 Tender RFT04-2018 - Primula Oval Sportsfield Lighting Upgrade 65

File: S11385

To consider the tenders received for the refurbishment of Primula Oval Sportsfield lighting and appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions and authorise negotiations with the tenders submitted by tenderers ‘A’ to ‘C’ as identified in the Confidential Summary.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Gordon Town Centre Plans 70

File: S10376

Notice of Motion from Councillors Szatow and Citer dated 29 March 2018

Residents are very concerned about the lack of green space in Gordon – for health and environmental reasons.

In view of this and the fact that at the OMC of 3rd March, Council resolved to institute a Gordon Public Realm Reference Committee,

we move:

That all plans for development of the area bounded by the Section 94 blocks bought by Council for green space 9, 15 and 17 Dumaresq St, Radford Place, the Council carparks and the Council owned properties at 818 and 828 Pacific Highway be put on hold until the Gordon Public Realm Reference Committee has reviewed the current Gordon Town Centre Plans in their entirety and Councillors have had a chance to examine afresh the plans and the Committee’s recommendations.

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 General Manager's Performance Review - Proposal for Review Facilitation

File: CY00254/10

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

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

Report by Mayor PA dated 3 April 2018

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 27 March 2018

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville 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)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

No Interest was declared.

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Szatow/Clarke)

C.1 Acquisition of Land - West Lindfield

File: S07457/9

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

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

Report by Manager Integrated Planning, Property & Assets dated 1 November 2017.

GB.5 Request for Tender No.07-2017 - Property Management Services for Council's residential properties and 828 Pacific Highway Gordon

Attachment A1: Confidential Attachment A1 - Tender Evaluation Committee Report

This attachment is classified confidential under section 10A(2)(d)(ii) because it would if disclosed, prejudice the commercial position of the person who supplied it.

GB.7 Tender RFT03-2018 - Annie Forsyth Wyatt Garden Refurbishment

Attachment A1: List of Tenders received

Attachment A2: Tender Evaluation Panel's assessment

Attachment A3: Performance and Financial Assessment

These attachments are classified confidential under section 10A(2)(d)(iii) because it would reveal a trade secret.

CARRIED UNANIMOUSLY

Address the Council

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

R Newcombe Widening of Burns Rd / Killeaton Rd

J Harwood Local Government

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:

Councillors Agenda Information:

OMC 27/03/2018 GB.3 – Peer Review Heritage Assessment Report: 69 Kissing Point Road, Turramurra

Memorandum from Director Strategy & Environment containing an A3 colour copy of Attachment A3 to this item.

Late Councillors Agenda Information:

OMC 27/03/2018 - PT.1 Safety of Residents of Lourdes Retirement Village Petition – Attachments

Memorandum from Team Leader Governance containing four pages of the petition as referred to in the last paragraph of this item.

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 13 March 2018

Minutes numbered 45 to 59

Resolved:

(Moved: Councillors Clarke/Szatow)

That Minutes numbered 45 to 59 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

PETITIONS

Safety of residents of Lourdes Retirement Village during Bushfire Evacuation

File: S11689

Vide: PT.1

“We, the undersigned residents of Lourdes Retirement Village 95 Stanhope Road Killara respectfully request Ku-ring-gai Council to reject the Planning Proposal lodged by or on behalf of the Stockland group of companies for the more intensive development of the Lourdes Village site. The Proposal would involve the demolition of more than 50% of the existing buildings on site and the construction of buildings of up to 6 storeys, following rezoning so as to allow a maximum permitted height of 24 metres.” (One hundred and twelve [112] signatures).

The proposed development would increase the number of person to the site from a maximum of 244 at present to a figure of at least 550 persons, including an estimated 200 persons in an aged care facility of up to six (6) storeys. The Lourdes site is classified as bushfire prone land and the surrounding bushland is given the highest hazard rating by the NSW Rural Fire Service (RFS).

There is only a single public road (Stanhope Road) which connects to the site. That road becomes a dead-end at the eastern end of the Lourdes Village and in the other direction a significant part of the road is within the 100 metre bushfire buffer delineated by the RFS. Residents note that as from 2 February 2018 Council has rezoned thirteen “Deferred Areas” of the Municipality with a restrictive zoning classification in recognition of the inadequate number of public roads that serve as evacuation routes from those areas in the event of a major bushfire. We note also that such rezoning has proceeded only after extended review, consultation with RFS and Police, and final approval by the NSW Department of Planning and Environment.

The procedure used by Council in evaluating the Deferred Areas indicates that the single evacuation road at Lourdes would be totally inadequate to cope with the numbers of persons projected to occupy the site under the Stockland Planning Proposal. Many of the residents would have restricted mobility and a majority of the occupants of the proposed Aged Care Facility would be bed-ridden, needing considerable resources to evacuate them safely and without undue distress.

Given the clear precedent created by the rezoning of the Deferred Areas, residents respectfully request that Council reject the Planning Proposal. We attach more supporting detail in following four (4) pages together with 11 signature sheets signed by 112 current residents of the Village who subscribe to this petition.

Resolved:

(Moved: Councillors Ngai/Anderson)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Investment Report as at 28 February 2018

File: S05273

Vide: GB.1

To present Council’s investment portfolio performance for February 2018.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That the summary of investments and performance for February 2018 be received and noted.

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

CARRIED UNANIMOUSLY

Flood studies for public exhibition

File: S09478

Vide: GB.2

To place the Draft Blackbutt Creek Floodplain Risk Management Study and Plan and the Lovers Jump Creek Floodplain Risk Management Study and Plan, Flood Study Review Report, Version A on public exhibition.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council places the Draft Blackbutt Creek Floodplain Risk Management Study and Plan on public exhibition for a period of 28 days

B. That a community forum is undertaken during the Draft Blackbutt Creek Floodplain Risk Management Study and Plan public exhibition period.

C. That all properties identified as Mainstream and Overland Flow Flood Planning Areas in the Blackbutt Creek Flood Study Final Report (2014) are directly notified about the public exhibition.

D. That following the public exhibition period, feedback is provided to GHD to inform the final Blackbutt Creek Floodplain Risk Management Study and Plan.

E. That Council places the Lovers Jump Creek Floodplain Risk Management Study and Plan, Flood Study Review Report, Version A on public exhibition for a period of 32 days

F. That Council removes the Lovers Jump Creek Flood Study Final Report (2016) from the website and the 2016 mapping from Council’s GIS system.

G. That all properties identified on the PMF Event Peak Flood Depth Map in the Lovers Jump Creek Floodplain Risk Management Study and Plan, Flood Study Review Report, Version A are directly notified about the public exhibition period.

H. That following the public exhibition period, feedback is provided to Jacobs to inform the final Lovers Jump Creek Floodplain Risk Management Study and Plan, Flood Study Review Report (to supersede the 2016 Lovers Jump Creek Flood Study).

I. That following the close of the public exhibition / consultation period a report is brought back to Council to consider any submissions received for the Draft Blackbutt Creek Floodplain Risk Management Study and Plan and Lovers Jump Creek Floodplain Risk Management Study and Plan, Flood Study Review Report, Version A.

CARRIED UNANIMOUSLY

Fitzsimon Lane Gordon - Draft Voluntary Planning Agreement for 900 Pacific Highway Gordon - Exhibition of Revised Document

File: S10147

Vide: GB.4

To provide an update on the progress of the draft Planning Agreement for 900 Pacific Highway Gordon following the change of ownership of the property and to propose re-exhibition following amendments.

Resolved:

(Moved: Councillors Szatow/Pettett)

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.

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, as amended.

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.

CARRIED UNANIMOUSLY

Request for Tender No.07-2017 - Property Management Services for Council's residential properties and 828 Pacific Highway Gordon

File: RFT07-2017

Vide: GB.5

To advise Council of the tenders received for the provision of property management services to manage Council’s residential properties and 828 Pacific Highway Gordon.

Resolved:

(Moved: Councillors Szatow/Clarke)

A. That Council accepts the recommendations of the Tender Evaluation Committee in relation to the awarding of the contract for the management of Council’s residential properties and 828 Pacific Highway Gordon.

B. That Council approves of the contracts being awarded for a term of three (3) years with an option for a further two (2) in Council’s absolute discretion effective from 1 July 2018 subject to the Tender Evaluation Committee’s conditions.

C. That the Mayor and the General Manager be delegated authority to execute all tender documentation on Council’s behalf in relation to the contract and affix the Seal where required.

CARRIED UNANIMOUSLY

Suspension of development contributions for affordable housing - boarding house accommodation

File: MOD0015/17

Vide: GB.6

To refer the request for a merit suspension of contributions to Council for consideration as required by Ku-ring-gai Contributions Plan 2010.

Resolved:

(Moved: Councillors Szatow/Clarke)

That Council endorses the request for suspension of payment of section 94 contributions in relation to the proposed boarding house (DA0255/15) at 5 Sixth Mile Lane Roseville subject to the specified criteria outlined within the report.

CARRIED UNANIMOUSLY

Tender RFT03-2018 - Annie Forsyth Wyatt Garden Refurbishment

File: S11467

Vide: GB.7

To consider the tenders received for the refurbishment of Annie Forsyth Wyatt Gardens, and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council accept the recommendation detailed in the confidential Attachment 1, for the refurbishment of Annie Forsyth Wyatt Gardens, 37 Henry Street, Gordon NSW 2072.

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

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

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

CARRIED UNANIMOUSLY

Peer Review Heritage Assessment Report - 69 Kissing Point Road, Turramurra

File: S10066

Vide: GB.3

The following member of the public addressed Council on this item:

D Baikie

To report the findings of a peer review heritage assessment report prepared by Graham Hall and Partners for 69 Kissing Point Road, Turramurra, as per Council’s resolution of 12 December 2017.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council notes the conclusions contained within the Graham Hall Peer Review Heritage Assessment Report and continue its preparation of a Planning Proposal to seek the heritage listing of 69 Kissing Point Road, Turramurra, and forward it to the Department of Planning & Environment for Gateway Determination.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Clarke, Greenfield, Citer, Smith, Kelly and Szatow

Against the Resolution: Councillor Spencer

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Motions of which due Notice has been given

Improving our Footpaths Prioritisation and Policy

File: S02127

Vide: NM.1

Notice of Motion from Councillor Ngai dated 19 March 2018

Background

Many of our residents believe that Ku-ring-gai Council does not care about its footpaths, and they have good reason to believe this.

Some of our existing footpaths are below satisfactory condition and represent safety hazards, especially for the elderly. Many other streets have no footpaths at all.

In my first six months on council, I have lost track of the number of times residents have complained about our footpaths. I explain to our residents that council has limited resources, and that we have a process of prioritising which footpaths need the most urgent attention. However, this is of little comfort to them. Some have complained about their footpaths for well over five years, yet council seems to have done nothing to fix them.

The seriousness of this situation is evident on page 35 of Ku-ring-gai Council’s End of Term Report 2013-17 (Attachment A1), where out of 29 measures of community satisfaction, “Quality of footpaths” is at the very bottom of the list scoring 2.81 out of 5.

Ku-ring-gai’s Approach to Footpaths

A quick search of our website shows a single page dedicated to footpaths (Attachment A2). Unfortunately, this webpage is very light on information and comprises of four lines of text. As a point of reference, both Randwick and Willoughby Council do a much better job of informing their residents on the state of their footpaths, as well as the approach they will take for future improvements.

A more thorough search of our council’s website reveals more information on footpaths policy, but this information appears out of date.

The repair of existing footpaths is covered by our Footpath Maintenance and Repairs Policy and Procedure (File No 2013/048117, Attachment A3), which explains how we prioritise footpath repairs. This document was last approved in 2013 and slated for review by February 2016, which is over two years ago.

The construction of new footpaths is covered briefly by a single page PDF titled Footpath Construction Program (Attachment A4). It lists the criteria used by council to prioritise the construction of these new footpaths, and it demonstrates that ratepayer funds have been spent on good things. But what this single page PDF fails to achieve is to tell residents where their own footpath complaints (whether it be an existing footpath in disrepair or a street that has no footpaths at all) sits in the council’s priority list and the expected date of repair and/or construction.

Modernising Our Approach to Footpaths

In this day and age, our residents expect to go online and immediately see the status of almost anything. They can go online to check their bank balance and latest transactions. They can go online to check the weather forecast. They can go online to track their package location and expected delivery date. They can go online to track their Development Application. They can go online to see their expected NBN rollout dates.

There will soon come a day where it is considered reasonable for residents to go online and see a map of Ku-ring-gai’s known footpath issues, their relative priority compared to other footpath issues, and their expected delivery date for repair and/or construction. Such a website will also provide various statistics on footpath repairs, past, present, and future.

I personally do not believe that building an online mapping tool should be significantly difficult or expensive. Most competent software engineers, if given the data, should be able to create a fully working proof of concept within a matter of days. And to demonstrate that this is not difficult, I spent an hour creating an early proof of concept (Attachment A5) based on the data from our Footpath Construction Program.

As for a more thoroughly designed and tested solution that includes a larger dataset of all reported footpath issues, this will take longer to deliver, perhaps up to several months.

Benefits and Funding Source

There are long-term benefits with making footpath policy and repair status information readily available to the public.

For council staff, it means they are freed up from answering basic emails and calls about footpath repairs, process, and timing. They can instead focus their time on other value-adding activities.

For residents, it means immediate response times, better engagement with council, and an overall positive experience.

For council’s revenue, if a good mapping solution is created quickly, it could potentially even be sold to other councils to recover costs.

By providing greater transparency on the status and prioritisation of footpath repairs and construction, it will also generate positive public debate on whether our council is focussing its attention and resources on the areas that need it the most. It will eventually lead to a better allocation of resources. It will also be a useful tool to support future discussions about whether our footpaths require more funding, either by diverting funds from other activities and/or by special rate variation. (But until we can demonstrate to the public that we are making good use of our existing resources, we have absolutely no right to ask for additional funds.)

Any funding for the development of an online mapping tool should come out of the existing footpaths budget, resulting in the delayed construction of some new footpaths. However, I do not expect the mapping tool to cost a lot so the impact should be minimal. Furthermore, the mapping tool will generate public debate and better-informed decision making on which new footpaths should come first, leading to smarter spend and a better outcome for Ku-ring-gai’s residents.

It will be good if we have online mapping of our footpaths later this year, or 2019 at the latest. After that, we can then consider applying the tool to other areas such as roads maintenance, weeds, and street sweeping.

I move:

A. That by the end of 2018, Council’s policy on Footpaths is reviewed and submitted to Councillors for approval.

B. That within the next six weeks, Council’s webpage on footpaths is updated to include information such as our distribution and condition of footpaths, our criteria for prioritising which footpaths get constructed or repaired first, and an online form for reporting footpath issues.

C. That within the next four months, Council’s webpage on footpaths should also include a quarterly update with statistics on footpaths repaired or constructed, as well as a tabular listing of outstanding footpath issues in the LGA. The listing of footpath issues should include their priority values and, if available, any estimated timeframe of repair or construction. If Council Staff later realise that any aspect of Part C is too difficult to implement, they are welcome to reduce the scope after discussing with the councillors.

D. That within the next six months, staff should also provide councillors with a report on different options for introducing an online mapping tool of footpath issues and statistics. The aim should be to deliver this tool either in 2018 or 2019, with funding from the footpaths budget. If Council staff later realise that any aspect of Part D is too difficult to implement, they are welcome to reduce the scope by including this in the report for councillor consideration.

Resolved:

(Moved: Councillors Ngai/Szatow)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

QUESTIONS WITHOUT NOTICE

Copy of Original Subdivision for St. Columbans

File: P35552

Vide: QN.1

Question Without Notice from Councillor D Greenfield.

Would I be able to get a copy of the original subdivision for St. Columbans at North Turramurra?

Answered by Director Development & Regulation

The Director Development & Regulation advised that this would be provided.

Advice on the removal of a tree on the corner of Ada Avenue and Pacific Highway

File: RT8/10

Vide: QN.2

Question Without Notice from Councillor D Greenfield.

During the week I was driving up Ada Avenue at Wahroonga and I noticed a couple of Council staff in the driveway of the service station taking some photographs of a very large tree that’s just there on the corner. I happened to grab their attention and they mentioned that they were taking photographs of it for potential for removal; they advised there have been quite a few complaints about the footpath. Would I be able to get some advice on what’s happening with that tree? Do we have any idea how old it is, just an estimate, I’m sure we can do a rough estimate. Do we have a list of the complaints that have been received about the tree and have the residents and the local shops on the strip been advised that the tree is coming out?

Councillor Greenfield confirmed the intersection was corner of Ada Avenue and Pacific highway, just next to the petrol station, diagonally opposite from Abbotsleigh College.

Answered by Director Operations

The Director Operations advised that he will take the question on notice.

Introducing a Kerb Ramp at Kochia Lane

File: 88/05650/01

Vide: QN.3

Question Without Notice from Councillor S Ngai.

I was excited to see a few weeks ago that some workers were fixing up the footpath on Kochia Lane directly outside Aqualand and 2 Kochia Lane. However since the recent opening of Harris Markets Lindfield, residents are starting to realise that they are having problems with the lack of kerb ramping along this stretch of road. The kerb is approximately 20cm tall and it makes it difficult for handicapped visitors, those with prams or strollers, and those with shopping trolleys to transition from the parking space to the footpath. One alternative available to these residents is to walk further along Kochia Lane and get onto the ramp at Lindfield Avenue, however they are occasionally met with vehicles turning from Lindfield Avenue into Kochia at high speed and there are real concerns of pedestrian safety. Do you think there is merit in introducing a kerb ramp at Kochia Lane (possibly outside the entrance to Aqualand) and if so, how much will it cost?

Answered by Director Operations

The Director Operations advised with regards to the cost of a kerb ramp, an average kerb ramp is between $1,500 and $2,000. For us to install it will require a site inspection to locate the best location so we don’t affect the normal use of the footpath.

Unsecured Shopping Trolleys from the New Lindfield Shops

File: S02668

Vide: QN.4

Question Without Notice from Councillor S Ngai.

Has there been or will there be a conversation with the new shops in Lindfield such as Harris Markets and IGA Supamart with regard to the collection and return of shopping trolleys in the immediate area? At the moment the residents and I have witnessed shopping trolleys being left unsecured in parking spots (including the disabled parking spot) and along footpaths, and there is no doubt that something more serious will happen if there is no guidance provided to our visitors.

Answered by Director Development & Regulation

The Director Development & Regulation advised those discussions have already commenced and are underway and will continue until we get a satisfactory outcome.

Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors Clarke and Greenfield.
was CARRIED UNANIMOUSLY

Acquisition of Land - West Lindfield

File: S07457/9

Vide: C.1

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

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

Report by Manager Integrated Planning, Property & Assets dated 1 November 2017.

Resolved:

(Moved: Councillors Clarke/Smith)

A. That Council approves the acquisition of 51 Bradfield Road, West Lindfield, as identified within the report under Option 1.

B. That Council approves the purchase price plus GST (if applicable).

C. That Council approves that the General Manager and/or his delegate to negotiate any contract terms to protect Council’s interest including requesting the Vendor to release the redundant ‘right of footway’ from title.

D. That Council approves that the General Manager and/or his delegate negotiate the commercial terms and conditions of a new lease with KU Children’s Services at a market rental.

E. That Council limits the level of rental subsidy to a maximum of 50% of the market rental or at a level of subsidy in line with Council’s adopted LTFP to take effect with the new lease.

F. That all future rental from the childcare centre is returned to the Infrastructure and Facilities Reserve for future remediation of the two sites.

G. That Council authorises the Mayor and General Manager to execute all documentation associated with the conveyancing and any future leasing of the property.

H. That Council authorises the Seal of Council to be placed on all necessary documentation.

I. That upon settlement, the land at 51 Bradfield Road West Lindfield is classified as Operational Land.

CARRIED UNANIMOUSLY

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

The General Manager adverted to the consideration of the matter referred to in the Minute number 75, and to the resolution contained in such Minute.

The Meeting closed at 8.07pm

The Minutes of the Ordinary Meeting of Council held on 27 March 2018 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 10 April 2018.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 10 April 2018	GB.1 / 22

Item GB.1	S08447
	2 April 2018

Code of Conduct - NSROC Panel of Conduct Reviewers

EXECUTIVE SUMMARY

purpose of report:	For Council to establish a panel of conduct reviewers in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

background:	The 2012 NSROC Panel of Conduct Reviewers expired in September 2017. NSROC conducted an Expression of Interest for establishing the 2017 – 2021 Panel in the latter half of 2017.

comments:	The recommended Panel along with a template for annual reporting by Councils to NSROC was endorsed by GMAC at its meeting on 8 February and by the Board of NSROC on 22 February 2018.

recommendation:	That Council endorse the recommended NSROC Regional Panel of Conduct Reviewers as outlined in this report.

Purpose of Report

For Council to establish a panel of conduct reviewers in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

Background

In 2008, Northern Sydney Regional Organisation of Councils (“NSROC”) member councils agreed to jointly appoint a Panel of Conduct Reviewers to investigate Code of Conduct complaints. This Panel comprised twelve (12) conduct reviewers who were available for specific appointments by member councils since this time.

The Panel was renewed in 2012 and it reflected the requirements of the new Model Code of Conduct that came into force on 1 March 2013. It included a changed selection criteria and process for conduct reviewers. The new Model Code of Conduct continues to allow for councils to jointly appoint a regional Panel of Conduct Reviewers.

The Office of Local Government is presently consulting on the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW. A consultation draft was released in October 2017.

The current Model Code of Conduct came into force on 1 March 2013. The new Procedures detailed eligibility requirements for conduct reviewers and persons who are to be excluded from consideration.

The key differences in complaints procedure from the previous Code are:

a) The appointment of a “complaints coordinator” by each Council who is responsible for referring code of conduct complaints to a suitable conduct reviewer and providing assistance as required.

b) The division of tasks to include “preliminary assessments” and “investigations” to be undertaken by Code of Conduct Reviewers.

c) The mandatory referral of complaints about councillors to the DLG where they allege a breach of the pecuniary interest provisions of the Act; a failure to disclose and appropriately manage conflicts of interests from reportable political donations, a breach of Section 8 of the Code, or complaints the subject of a special complaints management arrangement.

Advertisements for the Panel were placed on the NSROC website, Tenderlink and in the Sydney Morning Herald of 29 August 2017. Applications opened on 28 August 2017 and closed 29 September 2017. In addition, reviewers on the 2013 Panel were contacted directly and advised on the EOI process for the renewal of the Panel (See Attachment A1).

There were 24 consulting firms representing 80 Reviewers that submitted Expressions of Interest.

A selection group comprising the NSROC Manager Projects; Executive Manager - Corporate Services, Lane Cove Council; Governance Manager, Willoughby Council; and Manager Risk Audit & Governance, City of Ryde, assessed the applications and determined a fourteen (14) member Panel based on the selection criteria (See Attachment A2). Their submitted expressions of interest are attached (See Attachment A3).

The recommended Panel was endorsed by NSROC General Managers Advisory Council (“GMAC”) at its meeting on 8 February and by the Board of NSROC on 22 February 2018.

Comments

NSROC will also seek annual feedback from Councils on the effectiveness of the new Panel and will seek to refresh the Panel mid-way through its four-year tenure. A reporting template has been prepared and is attached (See Attachment A4).

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

It is a requirement under Part 3 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW that Council establish, by resolution, a panel of conduct reviewers.

Risk Management

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

Financial Considerations

Annual costs of administering the Code of Conduct will be dependent on the number of matters and the complexity of such matters.

Social Considerations

N/A

Environmental Considerations

N/A

Community Consultation

N/A

Internal Consultation

N/A

Summary

The 2012 NSROC Panel of Conduct Reviewers expired in September 2017. NSROC conducted an Expression of Interest for establishing the 2017 – 2021 Panel in the latter half of 2017. The recommended Panel along with a template for annual reporting by Councils to NSROC was endorsed by GMAC at its meeting on 8 February and by the Board of NSROC on 22 February 2018.

Recommendation:

A. That Council receive and note the Report; and

B. Endorse the recommended NSROC Regional Panel of Conduct Reviewers as outlined in Attachment A2 to this Report.

John McKee

General Manager

Attachments:	A1	NSROC Conduct Review Panel - Selection Criteria	2018/090328
	A2	NSROC 2017-2021 Panel of Conduct Reviewers	Confidential
	A3	NSROC 2017-2021 Conduct Reviewer Panel - Submissions	Confidential
	A4	NSROC 2017-2021 Code Conduct Panel Council Annual report	2018/090332

Ordinary Meeting of Council - 10 April 2018	GB.2 / 26

Item GB.2	S11906
	3 April 2018

Major Projects Governance, Resourcing and Financing

EXECUTIVE SUMMARY

purpose of report:	To provide Council with the findings of a review of the governance, resourcing and financial parameters for Council’s major projects.

background:	A review of governance, resourcing and financial elements of major projects was undertaken in late 2017.

comments:	The review recommended the establishment of various committees, a policy to guide property development projects and additional project resourcing.

recommendation:	A. That Council establish a Councillors Major Projects Consultation Forum and adopt the Charter attached to this report. B. That Council establish a Major Projects Advisory Committee and adopt the Charter attached to this report. C. That the draft Property Development and Investment Policy be placed on public exhibition for 28 days and subsequently be reported back to Council. D. That Council note that an internal Major Projects Steering Committee has been established by the General Manager. E. That Council note the proposed staffing structure of the Major Projects Group. F. That Council endorse the increased allocation of funding from s94 developer contributions for major projects as required to resource the proposed staff and committee structure and progress the developments.

Purpose of Report

To provide Council with the findings of a review of the governance, resourcing and financial parameters for Council’s major projects.

Background

Craig Calder, Managing Director of the management advisory firm ThinkClear Group, was engaged to conduct a review of governance arrangements for Council’s major projects. Councillors received a briefing on the findings on the evening of Monday 27 November 2017.

Craig Calder is a chartered accountant and management consultant. He was formerly a partner with Ernst &Young and was the Chief Risk Officer for Stockland Property Group in Sydney. He has worked with or provided strategy, governance, transaction and risk advice to a wide range of organisations within the property industry. These include Tier 1 constructors, listed and large private developers, infrastructure service providers and government agencies. Craig has been an advisor to Barangaroo Delivery Authority reporting to the executive and Board. For the past three years, Craig was previously a member of City of Parramatta Council’s Major Projects Advisory Committee and was the Interim Director of their Property Development Group.

Comments

The ThinkClear Group report reviewed the governance, resourcing and financial parameters for major projects. A copy is provided as a confidential attachment to this report.

Councillors Major Projects Consultation Forum

ThinkClear Group recommended establishing a Councillor committee to facilitate constructive and timely exchange of information between management and Councillors regarding Council’s portfolio of major property development projects. The report recommended establishing a committee of Council to provide this governance with 3 – 5 Councillors nominated.

This recommendation was further considered by management with a view to making updates on major projects more inclusive to Councillors in a less formal setting. A consultation forum format was considered a more appropriate structure to allow a more open exchange of information and feedback. This is proposed to be called the Councillors Major Projects Consultation Forum which would meet at least quarterly and all Councillors would be invited to attend.

A draft Charter has been developed and is provided as an attachment to this report. The Consultation Forum will be open to all Councillors but be closed to the public due to the commercial in confidence nature of financial information provided.

Major Project Advisory Committee

ThinkClear Group recommended establishing a new independent Major Projects Advisory Committee reporting to Council that would be charged with providing objective assessments of proposed major projects (>$5 million) to support Council decision making and governance of these activities. A draft Charter has been developed and is provided as an attachment to this report.

The Major Projects Advisory Committee would consist of 3 to 5 independent members of the public with expertise in various aspects of property development and construction. These would be paid positions for an initial term of 2 years. Appointment would be through a public expression of interest process.

The Committee would meet quarterly to receive updates on all active projects from management and more frequently as required to support due diligence activities for projects approaching recommendations to Council. The Major Projects Advisory Committee would provide reports of their assessment to support each major recommendation to Council for property development.

Property Development and Investment Policy

ThinkClear Group recommended establishing a new policy specifically addressing property development activities on Council controlled land.

A draft policy has been developed and is provided as an attachment to this report.

It provides key principles for property development activities and establishes the need for and parameters of a Property Development Reserve that will be used to accumulate capital as a ‘war chest’ to seed fund development activities and insulate against financial risks of property development activities.

Management actions post receipt of the ThinkClear Group report

A review of staff resourcing has taken place and a separate confidential attachment is provided to Council at this meeting for the information of Councillors. Subject to comments from Councillors it is the intention of management to proceed with the process to implement this structure.

Craig Calder was engaged from late December 2017 to provide temporary management oversight of the major projects portfolio and support establishment of new governance structures.

An internal Major Project Steering Committee has been established and has met three times since 6 March 2018. A copy of this Committee’s Charter is attached to this report for reference. Members of this Committee are: The General Manager, the Director Corporate, the Director Strategy & Environment, the Corporate Lawyer and the Head of Council’s Major Projects.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P4.1.1 A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.	Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community	Continue to engage with key community stakeholders and internal stakeholders to identify the requirements for new community facilities and infrastructure. Finalise the reclassification of identified lands as resolved by Council. Continue to implement a place management approach and innovative engagement practices to coordinate works and achieve quality outcomes for improvements in local centres
P4.1.4 An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies	The Master Plan for the Lindfield centre and surrounding precincts is implemented.	Progress delivery of the Lindfield Community Hub

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P4.1.1

A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

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

Continue to engage with key community stakeholders and internal stakeholders to identify the requirements for new community facilities and infrastructure.

Finalise the reclassification of identified lands as resolved by Council.

Continue to implement a place management approach and innovative engagement practices to coordinate works and achieve quality outcomes for improvements in local centres

P4.1.4

An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies

The Master Plan for the Lindfield centre and surrounding precincts is implemented.

Progress delivery of the Lindfield Community Hub

Governance Matters

The ThinkClear Group report provides recommendations to strengthen the governance of major projects by introducing new committee structures and separating Council’s planning and regulatory functions.

The establishment of the Councillors Major Projects Consultation Forum, Major Projects Advisory Committee and Property Development and Investment Policy will provide greater opportunities for oversight and input from Councillors and relevant independent expertise to Council’s major projects.

Risk Management

The ThinkClear Group report provides recommendations to improve risk management by adopting a Property Development and Investment Policy, accumulating capital to establish a ‘war chest’ to insulate against financial risks, and additional resources to manage the challenges and risks inherent in a complex portfolio of property projects. The report also recommends that risks (both financial and non-financial) are assessed at each stage gate of the approval process.

Financial Considerations

Council has a program of major property development projects with total development value of more than a billion dollars. Council’s financial constraints mean that the impacts of new developments need to be a ‘net positive’ over time.

The implementation of the recommendations of the ThinkClear Group report would have an increased initial financial impact due to additional staff resourcing and committee member remuneration for the independent Major Projects Advisory Committee. These costs would be capitalised and funded initially from section 94 developer contributions and ultimately development returns.

Social Considerations

Nil for this report.

Environmental Considerations

Nil for this report.

Community Consultation

Nil for this report.

Internal Consultation

The ThinkClear Group report was prepared after interviews with relevant staff from the Strategy and Environment and Corporate departments.

The Committee charters and new policy have been reviewed by the members of the Major Project Steering Committee.

Summary

The ThinkClear Group was engaged to conduct a review of governance arrangements for Council’s major projects. Councillors received a briefing on the findings on the evening of Monday 27 November 2017.

The ThinkClear Group report provided a range of recommendations to improve governance and resourcing for Council’s Major projects. The recommendations are supported in principle by management and steps have already been taken to act on them.

A Councillors Major Projects Consultation Forum and an independent Major Projects Advisory Committee are recommended to be established along with a new Property Development and Investment Policy to further support governance and oversight of major projects. A review of the staff structure has also taken place and increased resourcing is recommended.

Recommendation:

A. That Council establish a Councillors Major Projects Consultation Forum and adopt the Charter attached to this report.

B. That Council establish a Major Projects Advisory Committee and adopt the Charter attached to this report.

C. That the draft Property Development and Investment Policy be placed on public exhibition for 28 days and subsequently be reported back to Council.

D. That Council note that an internal Major Projects Steering Committee has been established by the General Manager.

E. That Council note the proposed staffing structure of the Major Projects Group.

John McKee

General Manager

Attachments:	A1	Attachment A1 - Governance Advice for Ku-ring-gai Council Major Projects ThinkClear Group Report Craig Calder	Confidential
	A2	Attachment A2 - Councillors Major Projects Consultation Forum Charter (draft)	2018/090834
	A3	Attachment A3 - Major Projects Advisory Committee Charter (draft)	2018/090835
	A4	Attachment A4 - Property Development and Investment Policy (draft)	2018/090836
	A5	Attachment A5 - Major Projects Group Structure (draft)	Confidential
	A6	Attachment A6 - Major Projects Steering Committee Charter (draft)	2018/090838

Ordinary Meeting of Council - 10 April 2018	GB.3 / 31

Item GB.3	CY00551
	22 March 2018

Lindfield Village Hub Reference Committee

EXECUTIVE SUMMARY

purpose of report:	To provide Council with nominations for the Lindfield Village Hub Community Reference Committee.

background:	The Lindfield Village Hub Community Reference Committee was created out of a number of Notices of Motion from Councillors.

comments:	An expression of interest process was undertaken for members of the Lindfield Village Hub Community Reference Committee. A merit and representation based assessment was undertaken to arrive at a shortlist of potential Reference Committee members for Council to select from. The selection process involved submissions of interest, written responses to selection questions and candidate interviews.

recommendation:	A. That Council establishes a Lindfield Village Hub Community Reference Committee B. That Council select members from the shortlist provided to sit on the Reference Committee. (Confidential attachment A6). C. That Council selects the three Councillor representatives to sit on the Reference Committee.

Purpose of Report

To provide Council with nominations for the Lindfield Village Hub Community Reference Committee.

Background

The Lindfield Village Hub Community Reference Committee was created out of a number of Notices of Motion from Councillors. The following Council resolutions are relevant.

At the Ordinary Meeting of Council held on Tuesday 14 November 2017 Council resolved in part as follows:

“…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.”

The report was brought back to Council at the Ordinary Meeting of Council held on Tuesday 12 December 2017. Council resolved:

A. That Council adopt the Terms of Reference and membership of the Lindfield Village Hub Reference Committee as set out in Attachment A1 – excluding the Independent Probity Adviser.

B. That the first bullet point of the Community representative requirements in the Terms of Reference be amended to read: Provide evidence of being a resident, ratepayer or business owner of Ku-ring-gai Local Government Area.

C. 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.

Once the recruitment of representatives was underway Council resolved at the Ordinary Meeting of Council held on Tuesday 27 February 2018:

A. After nominations close, all Councillors are to be confidentially provided a full list of the nominees as well as the full content of each of their nomination forms.

B. Council staff to recommend their preferred five nominees, along with a shortlist of the next five considered most suitable for the role.

C. Based on the information provided, Councillors to then choose the five community representatives.

Comments

Recruitment of community representatives

Expressions of Interest were sought from community through a public advertisement (Attachment A1) in the North Shore Times that appeared on February 2018, Council’s website,(Attachment A2) the Activate Lindfield e-news and the community group Support Lindfield sent it to their database.

Twenty three nominations were received in response to a number of questions posed via the website (Attachment 3 and 4).

Two criteria requirements were specified and 20 nominees satisfied those criteria.

1. Provide evidence of being a resident, ratepayer or business owner of Ku-ring-gai local government area.

2. Members must demonstrate an understanding of the project vision, objectives and complexity.

Selection of community representatives

Following the EOI process, a selection panel was established that included:-

· The General Manager

· Interim Head of Major Projects

· Manager Corporate Communications

· Project Manager - Major Projects (part process)

Due to the number and high quality of submissions a further process was undertaken which involved answering a number of questions in writing and attending a face to face interview.

The four questions send for written response were:-

1. This is a position that will represent the Community. Can you describe how you will bring the community interests to the committee?

2. What is your specific interest in the Lindfield Village Hub project? What are you looking to see achieved or alternatively not achieved?

3. If a conflict of interest occurs throughout your deliberations, can you outline how you will deal with such conflicts?

4. There are a number of areas that will be the focus of the committee’s work. Can you self-nominate to one of these areas and in detail outline how you could contribute to the committee in context of the Lindfield Village Hub project?

· Communication and engagement

· Place making

· Environmental sustainability

· Planning and design outcomes

· Service delivery

· Social procurement

Written responses in Confidential Attachment A5.

Interviews were held on March 26, 27 and 29.

The questions asked at the interview were as follows:

1. Can you describe an example of how you have constructively contributed to a community or work committee?

2. What values or personal characteristics do you think people on community reference committees must possess?

3. What are your expectations about participating on the committee?

Following the interviews a short list was determined as per the Council resolution (see Confidential Attachment A6).

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Community engagement utilises effective and varied communication channels to reach all sections of the community.	Implement a program of innovative and effective engagement to provide a better understanding of Council services, programs and facilities to the community.	Proactively publicise Council's services, programs, policies and achievements via all forms of media.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Community engagement utilises effective and varied communication channels to reach all sections of the community.

Implement a program of innovative and effective engagement to provide a better understanding of Council services, programs and facilities to the community.

Proactively publicise Council's services, programs, policies and achievements via all forms of media.

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

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.

All nominees who applied to be on the reference committee were asked to read Council’s Code of Conduct and agree to abide by the Code if successfully appointed to the committee.

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 aspects of the project.

Financial Considerations

Council will be responsible for meeting the operating costs of the reference committee. This will include catering and administrative resourcing of the committee.

Social Considerations

The panel considered the demographic profile of Lindfield and Ku-ring-gai in the decision making and did try to reflect the statistic representation of the Council area on the makeup of the Lindfield Community Hub Reference Committee.

Environmental Considerations

The proposed Lindfield Village Hub Reference Committee can provide feedback to Council on environmental considerations related to the project.

Community Consultation

Expressions of Interest were sought from community through a public advertisement in the North Shore Times that appeared in February 2018, Council’s website, the Activate Lindfield e-news and the community group Support Lindfield via their database.

Internal Consultation

Internal consultation occurred throughout the process.

Summary

Council resolved on 14 November 2017 to create a Lindfield Village Hub Reference Committee.

Expressions of interest were sought from the community and 23 nominations received. A process of written and face to face interviews was undertaken and a shortlist developed for Councillors to select the Committee membership.

Recommendation:

A. That Council establishes a Lindfield Village Hub Community Reference Committee.

B. That Council select members from the shortlist provided to sit on the Reference Committee.

C. That Council selects the three Councillor representatives to sit on the Reference Committee.

Virginia Leafe

Manager Corporate Communications

Craig Calder

Interim Leader - Major Projects

John McKee

General Manager

Attachments:	A1	Corporate ad 15 February 2018	2018/090056
	A2	Lindfield Village Hub Reference Committee web page	2018/089176
	A3	Lindfield Village Hub Reference Committee nomination form from website	2018/089175
	A4	Nomination results from spreadsheet	Confidential
	A5	Pre interview responses	Confidential
	A6	Confidential attachment panel recommendation	Confidential

Ordinary Meeting of Council - 10 April 2018	GB.6 / 44

Item GB.6	88/06274/01
	12 March 2018

Public exhibition submissions - Proposed Closure of a Portion of Public Road - Balfour Lane Lindfield

EXECUTIVE SUMMARY

purpose of report:	To update Council on submissions received on the proposed closure of a portion of the public road Balfour Lane Lindfield in order to progress the road closure.

background:	Prior to an application being made to Lands, Council must consider all submissions/objections have been resolved or Council forms the opinion that no further progress can be made, a report with a summary and assessment of the submissions/objections, with a recommendation and options is submitted to Lands.

comments:	Effective June 2014, Lands put in place new arrangements for the closure of roads that vest with councils. The new arrangements enable councils to manage the road closure process and to complete a series of actions prior to lodgement of an application.

recommendation:	That Council acknowledges the submissions relevant to the closure and relocation of the public road and submits a formal road closure application for a portion of Balfour Lane, Lindfield, to the Department of Primary Industry – Lands & Water.

Purpose of Report

To update Council on submissions received on the proposed closure of a portion of the public road Balfour Lane Lindfield in order to progress the road closure.

Background

Balfour Lane is a Council-owned public lane off Balfour Street, Lindfield. It is at the rear of a commercial development located on the corner of Pacific Highway and Balfour Street.

At the OMC 29 April 2008, Council considered a report on an application to close Balfour Lane, Lindfield with a view to divest the land to the adjoining owner of the former Balfour Centre. At the time Council resolved the following;

A. That a formal road closure application for Balfour Lane, Lindfield be submitted to the Department of Lands.

B. That, upon issuance of the Certificate of Title for the land known as Balfour Lane from the Department of Lands, the land is classified as Operational Land.

C. That future discussions and negotiations with the property owners of the adjoining commercial development are reported to Council and accord with development outcomes identified in the Town Centres DCP, Lindfield, prior to owners consent being issued in relation to the potential development of Balfour Lane.

D. That future discussions and negotiations with the property owners of the adjoining commercial development are reported to Council and accord with development outcomes identified in the Town Centres DCP, Lindfield, prior to consideration of the transfer of land in relation to the potential development of Balfour Lane.

E. That the Ku-ring-gai Planning Panel be advised of Council’s decision.

The proposal to close Balfour Lane, did not progress for a number of reasons including issues associated with the relocation of underground infrastructure and maintaining appropriate access to the Ausgrid zone substation which adjoins the site to the north.

In 2012, the then owners of the Balfour Centre sold the property to Coles.

On 30 April 2013 Council considered a report on a proposed Memorandum of Understanding (MOU) with Coles to grant exclusivity for twelve months in order to ascertain the development viability of Coles’ lands for which the closure and relocation of Balfour Lane is fundamental to any redevelopment of their site at Lindfield, and is provided for in Council’s adopted Local Centres Development Control Plan (DCP). At which time Council unanimously resolved:

“That Council enters into a Memorandum of Understanding with Coles Group Property Developments Limited for Coles to undertake design development in respect of the closure, relocation and realignment of Balfour Lane, in a manner generally consistent with Council’s adopted Public Domain Plan.”

Coles is seeking to redevelop their land holdings at 376-384 and 386-390 Pacific Highway, and 1 Balfour Street, Lindfield in line with the Ku-ring-gai Local Centres Development Control Plan 2016 by consolidating their land holdings divided by Balfour Lane, and construct a new lane at the western boundary of their existing at grade car park at 1 Balfour Street, Lindfield – refer to diagram below.

In August 2016 Coles reinitiated discussions with Council staff on the closure and acquisition of a portion of Balfour Lane, Lindfield, approximately 538 m² identified as Area C below.

Council staff relying on the 2008 resolution commenced the statutory public notification of the proposed road closure on 9 December 2016 for an extended period to 3 February 2017.

On 8 August 2017 Council considered a further report on the closure and divestment of approximately 538 m² portion of Balfour Lane, Lindfield, and resolved to provide Council staff with the delegations to continue commercial negotiations.

On 10 October 2017, Council considered a confidential report on the status of those negotiations and accepted an amount to divest 538 m² portion of Balfour Lane to Coles. At that time Council was also advised that there was only one outstanding objection to the road closure relating to access and the relocation of Ausgrid’s underground infrastructure, which was the responsibility of Coles to resolve in order for the road closure application to proceed.

On 27 February 2018, Council received written confirmation from Ausgrid withdrawing its objection subject to specific requirements associated with access and the relocation of infrastructure.

Prior to an application being made to Department of Industry – Crown Lands & Water (Lands) Council must consider all submissions/objections have been resolved or Council forms the opinion that no further progress can be made. After which a report detailing those submissions/objections, and Council’s recommendation is submitted to Lands.

This report provides Council the opportunity to consider all submissions made associated with the closure of a portion of Balfour Lane, Lindfield, to enable the formal application to be submitted to Lands.

Comments

In June 2014, Lands put in place new arrangements for the closure of roads that vest with councils. These arrangements enable councils to manage the road closure process and to complete a series of actions prior to lodgement of an application.

There are two stages to the process which includes the following actions to be completed by Council to satisfy the pre-lodgement requirements:

Task	Status
Carry out a full status check of the road to confirm dedication as a council public road and its public use and construction, required to verify its status as vesting in Council on closing.	Completed.
Advertise an intention to close the council public road in a local paper circulating in the same area as the intended closing.	Completed.
Notify the proposal to all affected parties and authorities noting the 28 day submission period.	Completed.
Council considers all submissions received and take action to resolve any objections.	Completed.
Once all submissions/objections have been resolved or Council forms the opinion that no further progress can be made, a report with a summary and assessment of the submissions/objections, with a recommendation and options is submitted to Lands.	The purpose of this report

Once the above pre-lodgement actions are completed a road closing application and a status report with supporting documentation is then submitted to Lands.

The purpose of the status report is to confirm the dedication of Balfour Lane as a council public road, its public use and construction, to verify its status as vesting in Council upon closure. Whilst the construction and maintenance of Balfour Lane is evident an investigation into Council’s historic records revealed that the public road had not been formally dedicated.

Council staff engaged a Title Searcher who confirmed that the records of the LPI disclosed that Balfour Lane was created in DP4195. The title to Balfour Lane is currently comprised in Certificate of Title Volume 1840 Folio 127 and is subject "to all existing rights of way or other rights (if any)".

The land for Balfour Lane was part of the original land grant to Samuel Onions. In or about 1903 part of the land grant was subdivided. The plan of subdivision, registered as DP4195 (Attachment A1) showed a “Lane 30 feet wide” (“the subject road”) known as Balfour Lane today.

DP4195 was created prior to the commencement of the Local Government Act 1906 and the Local Government Act 1919, which set out how public roads could be created, managed and dedicated for public use.

The Local Government Act 1919, commenced on 1 January 1920. Prior to 1920 there was no legislation which conferred title of land on which roads were situated, upon a local government authority. It was usual for the owner of the land where a road was built to continue to be the owner of the land for the road.

As such, the title to Balfour Lane stands in the names of Richard Benjamin Asher and Frederic Charles Rooke as joint tenants. There is no evidence of any formal dedication of the site of Balfour Lane as public road (Attachment A2).

Note: The records of the LPI are not conclusive as to the status of roads, lanes etc. created in subdivisions prior to 1920 (as in this case). Such status may be affected by the expenditure thereon of public moneys or by the use by the public. As stated above Balfour Lane is a constructed road maintained by Council and providing public access.

In the absence of legislative provisions on creation and opening of roads in or about 1903 when DP4195 was made, there may be doubt whether the subject road is a public road. For the avoidance of doubt and to provide certainty concerning the status of the subject road, Section 16 and Section 17 of the Roads Act 1993 (extracted below) can be applied in the particular circumstances:

“16 Council may dedicate certain land as a public road

(1) This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919).

(2) The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road.

(3) On the publication of the notice in the Gazette:

(a) the land described in the declaration becomes free of all trusts, restrictions, dedications,

reservations, obligations and interests, and

(b) the land is dedicated as a public road.

(4) No compensation is payable to any person with respect to any loss or damage arising from the

operation of this section.

(5) Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court.

17 Application to Land and Environment Court against proposed dedication

(1) Before dedicating land as a public road under section 16, the council must cause at least 28 days’ notice of its intention to do so to be served on the owner of the land.

(2) During that period of 28 days, the owner of the land may, in accordance with rules of court, apply to the Land and Environment Court for a declaration that the land should not be dedicated as a public road.

(3) The Land and Environment Court may make such decision as it thinks fit with respect to the

application.”

As Council intends to close the subject road for sale to the adjoining owner for redevelopment to avoid any uncertainty of the status of the road and any imperfection of title, it is recommended that Council follows Section 16 and Section 17 of the Roads Act 1993 for a conclusive determination of the status of Balfour Lane and for a title when obtained, free of encumbrances.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position

Continue to analyse opportunities to expand the revenue of Council.

Ensure the commercial property portfolio provides market returns.

Governance Matters

Part 4, Division 1, of the Roads Act 1993, requires that Council consent to the closure of a road.

Council staff have carried out all pre-lodgement requirements prescribed by Lands. The question of ownership of a public road can be dealt under Section 145 of the Roads Act 1993 as follows:

“145 Roads authorities own public roads

(1) All freeways are vested in fee simple in RMS.

(2) All Crown roads are vested in fee simple in the Crown as Crown land.

(3) All public roads within a local government area (other than freeways and Crown roads) are vested in fee simple in the appropriate roads authority.

(4) All public roads outside a local government area (other than freeways and Crown roads) are vested in fee simple in the Crown as Crown land.”

Section 145(3) of the Roads Act, 1993 operates only if the public road status of the subject road can be conclusively determined.

In the particular circumstances of the subject road, it is recommended that Council follows Section 16 and Section 17 of the Roads Act, 1993 to dedicate the subject road as a public road for a conclusive determination. This also operates to confer a clear title of the land upon Council at the same time to facilitate future sale.

Additionally, the road closure application submitted to the Lands requires that Council nominates whether the land be classified as Operational or Community as defined under the Local Government Act, 1993. In order for Council to future divestment of the pathway it is recommended that Council resolve for the road to be classified as Operational land. Classification of the land as Operational will provide Council with the flexibility in the future.

On publication of the notice closing the public road, a public road that was previously vested in a Council and remains vested in the Council.

Risk Management

Balfour Lane has been used by the public for the purpose of a public road and maintained by

Council. That is consistent with the intention of the subdivider that the Lane be a public road.

For the avoidance of doubt and to provide certainty concerning the status of the subject road legal advice was obtained (Attachment A3) which concluded that Council should proceed to publish a notice in the Gazette to dedicate Balfour Lane as a public road.

However, in accordance with section 17(1) of the Roads Act, Council must, before obtaining dedication of the land as a public road a notice of its intention to do so must be served on the owner of the land for a period of at least 28 days. That is for a public notice to be addressed to the Estate of the late Richard Benjamin Asher of Sydney, Solicitor and the Estate of the Late Frederic Charles Rooke of Gladesville, Insurance Agent.

Pursuant to section 17(2) of the Roads Act, the owner of the land is entitled, during the required

28 days' notice period under section 17(1), to apply to the Land and Environment Court for a

declaration that the land should not be dedicated as a public road.

Recently, Lands have advised that there are approximately 200 undetermined applications awaiting assessment, this compounded with changes proposed to the Roads Act 1993 later this year, which will provide local councils with the power to close council roads in their area will mean that the Minister will no longer have the legislated authority to close council roads and in the future Lands will not be able to process applications remaining incomplete upon commencement of these legislative changes.

What Lands cannot provide advice on is whether any undetermined applications will be terminated, and whether councils will need to restart the closure process in accordance with the new legislation.

The only alternative course available for councils to close a public road is through the compulsory acquisition process. Given the unknown timeframes associated with the Roads Act 1993 amendments and any new procedures there may be a requirement to compulsorily acquire the road in order to facilitate the strategic planning objectives contained in Council’s adopted Local Centres Development Control Plan (DCP) (Attachment A4).

More details regarding the legislation commencement date will be provided in the coming months and if necessary a further report will be provided to Council in this regard.

Financial Considerations

Lands currently charges $476.90 to process and finalise a Road Closure application.

A formal survey of the pathway will be required for submission with the application to Lands. This is estimated to cost $3,000. These costs will be borne from current budget allocations.

Any future discussions and/or negotiations with the adjoining property owners relating to a land transfer will be submitted in a separate report to Council.

Under the Roads Act ,1993, all income obtained by Council from the sale of closed roads must be used for acquiring land for public roads or for carrying out road work on public roads. Council has resolved to divest a portion of Balfour Lane to Coles which is contingent on a new Balfour Lane being constructed prior to the closed public road being transferred to Coles.

Social Considerations

This proposal will assist in the delivery of Council's Community Strategic Plan 2030 in providing new funding towards community road projects.

All adjoining owners and the government instrumentalities have had an opportunity to provide submissions on the road closure proposal as part of the public notification process.

Environmental Considerations

The road closure proposal is a statutory process and does alter the current use of the site. Environmental issues would be assessed in the event the site is included into the future redevelopment of the adjoining properties.

Community Consultation

The Roads Act, 1993 requires public notification to all affected/adjoining property owners, service and utility providers.

The public notification on the proposed closure and relocation of the public road commenced on 9 December 2016. Details on the public notification and consultation held, and a summary of comments received are further discussed under the Community Consultation section of this report.

In accordance with Council’s resolution the public notification commenced on 9 December 2016 and concluded on 3 February 2017. This included a formal notice published in the North Shore Times. The notice was prepared in consultation with Lands using their standard template.

Council wrote to 9 Government agencies and all adjoining property owners with access from Balfour Lane. Due to the personal information contained in the submissions the details of those submissions and responses are attached in confidential (Attachment A5). The following table denotes the number of submissions received, a summary of issues raised during the public notification period and responses to those issues.

Submitter	Submission Comments	Council Comments
Office of Environment & Heritage	No objection	Noted and no further action
Sydney Water	No objection	Noted and no further action
Transgrid	No objection	Noted and no further action
Ausgrid	Objections due to (1) needs for road access; and (2) presence of assets at Balfour Lane. Refer to Ausgrid letter of 9 December 2016.	Ausgrid withdrew objection on 27 February 2018.
Roads & Maritime Services	Objections on ground that for properties currently served by Balfour Lane, RMS would not support direct road access from Pacific Hwy	RMS withdrew objection on 20 February 2017.
Fire & Rescue NSW	Objections on ground of lack of access to properties currently served by Balfour Lane for firefighting purposes and access to pillar hydrant on school ground	Fire & Rescue NSW withdrew objection on 9 February 2017.
Catholic Parish Lindfield Killara	Objections on ground of traffic change and safety etc. that may affect the school community. Refer to submission dated 3 Feb 2017	Objections are development related. Traffic and development concerns will be assessed when a development application is submitted. The Church and School’s access is not affected by the proposed road closure of Balfour Lane.
Philip Nicholson of 11 Balfour St, Lindfield	Concerns on loss of off street parking when part of existing open car park is used for the new replacement road. Refer to letter of 26 Jan 2017.	Objection is development related. The provision of off street parking will be assessed when a development application is submitted. The objector’s property is not affected by the proposed road closure of Balfour Lane.

The Holy Family Parish and School were particularly concerned about the potential impact the proposed road closure would have on their property. Due to their concern specific meetings held with the Parish Priest and School Principal in December 2016, and the attached information was circulated in the Parish and Schools’ newsletters (Attachment A6).

Ultimately, the Holy Family Parish and School submission related to the overall redevelopment of the Coles site and the assessment of the following issues:

· that the future Coles redevelopment associated with relocation of Balfour Lane does

not involve retention of the trees on Balfour Street;

· that traffic to and from Holy Family School and Church must not be in any way

adversely affected before, during and after the relocation of Balfour Lane or the

subsequent Coles redevelopment;

· that attention be paid to the safety of children in the play area when planning new tree plantings along the new replacement road; and

· to ensure that the existing non-structural retaining wall adjacent to the new replacement road would be appropriately strengthened or replaced.

As advised to the Holy Family School and Church “further opportunities provide comments on any matters pertaining to the Coles’ redevelopment will be available when a development application is lodged with Council and advertised for public comment”.

More importantly, the new replacement road will be constructed and opened prior to closing Balfour Lane to traffic. This is to ensure that all property owners with access from Balfour Lane will have at all times ready unimpeded traffic access before, during and after the relocation of Balfour Lane or the subsequent Coles redevelopment. A copy of the proposed new road is shown in the draft plan which has been prepared by Coles for their development application (Attachment A7).

Internal Consultation

No internal consultation was required as a result of submissions received.

Internal consultation has been held with Operations staff to assess the historical information on the public road status of Balfour Lane.

Summary

Balfour Lane is a Council-owned public lane off Balfour Street, Lindfield. It is at the rear of a commercial development located on the corner of Pacific Highway and Balfour Street.

Since 2008, Council has considered a number of reports on the closure and future divestment of a portion of Balfour Lane, Lindfield.

The Roads Act, 1993 requires public notification to all affected/adjoining property owners, service and utility providers. Public notification commenced on 9 December 2016 and concluded on 3 February 2017.

Council wrote to 9 Government agencies and all adjoining property owners with access from Balfour Lane. The only unresolved objection to the closure of a portion of Balfour Lane, Lindfield was retracted by Ausgrid on 27 February 2018.

As previously reported to Council a requirement of the road closure application is for Council to nominate the classification of the closed road as Operational or Community as defined under the Local Government Act, 1993. In order to support Council’s decisions of 8 August and 10 October 2017, it is recommended that Council resolve that upon closure the road be classified as Operational land.

Balfour Lane is a Council public road, its public use and construction is evident. Whilst the construction and maintenance of Balfour Lane is evident an investigation into Council’s historic records revealed that the public road had not been formally dedicated.

The land for Balfour Lane was part of the original land grant and circa 1903 part of the land grant was subdivided.

DP4195 was created prior to the commencement of the Local Government Act 1906 and the Local Government Act 1919, which set out how public roads could be created, managed and dedicated for public use.

In the absence of legislative provisions on creation and opening of roads in or about 1903 when DP4195 was made, there may be doubt whether the subject road is a public road

As a result the title to Balfour Lane stands in the names of Richard Benjamin Asher and Frederic Charles Rooke as joint tenants, and there is no evidence of any formal dedication of the site of Balfour Lane as public road.

To avoid any uncertainty of the status of the road and any imperfection of title, it is recommended that Council follows Section 16 and Section 17 of the Roads Act 1993 for a conclusive determination of the status of Balfour Lane and for a title when obtained, free of encumbrances.

The proposed road closure of a portion of Balfour Lane will not impede access to any adjoining properties and the physical as the new replacement road will be constructed and opened prior to closing Balfour Lane to traffic. This is to ensure that all property owners with access from Balfour Lane will have at all times ready unimpeded traffic access before, during and after the relocation of Balfour Lane or the subsequent Coles redevelopment.

There are currently a significant number of undetermined applications awaiting assessment by Lands, and while the pending changes to the Roads Act 1993 later this year will provide local councils with the power to close council roads, it is still unclear whether any undetermined applications will be terminated, and councils will then need to restart the closure process in accordance with the new legislation. At present all councils are waiting details regarding the legislation commencement date.

The only alternative course available for councils to close a public road is through the compulsory acquisition process and due to the unknown timeframes associated with the Roads Act 1993 amendments and any new procedures there may be a requirement to compulsory acquire the road in order to facilitate the strategic planning objectives contained in Council’s adopted Local Centres Development Control Plan (DCP).

Recommendation:

A. That Council acknowledges the submissions relevant to the closure and relocation of the public road and submits a formal road closure application for a portion of Balfour Lane, Lindfield, to the Department of Primary Industry – Lands & Water.

B. That Council in order to avoid any uncertainty of the status of Balfour Lane and before dedicating land as a public road under Section 16 Roads Act ,1993, gives 28 days’ notice of its intention to do so to be served on the owner of the land.

C. That Council formally gazettes the land marked as “Lane 30 feet wide” in DP4915 as public road in accordance with Section 16 Roads Act 1993.

D. That upon closure and issuance of the Certificate of Title for a portion of Balfour Lane, Lindfield, the land be classified as Operational Land free of encumbrances.

E. That in the event the proposed legislative changes to the Roads Acts ,1993 become protracted a further report will be submitted to Council to consider the compulsory acquisition of Balfour Lane, Lindfield in order to deliver Council’s strategic planning objectives for Precinct L1 Balfour Street Retail Centre as contained in the Ku-ring-gai Local Centres Development Control Plan.

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Attachments:	A1	DP4195	2018/086999
	A2	Title Search Report - Balfour Lane	2017/037669
	A3	Legal Advice	Confidential
	A4	Precinct L1 - DCP	2018/087006
	A5	Submissions & responses	Confidential
	A6	Church & School Newsletter	2018/078398
	A7	Coles draft site plan - new Balfour Lane	2018/083190

Ordinary Meeting of Council - 10 April 2018	GB.7 / 55

Item GB.7	S11436
	26 March 2018

Havilah Lane Lindfield - offer to enter into a VPA to dedicate land for laneway widening

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the formal receipt of a letter of offer for the dedication of land in Havilah Lane for the purposes of laneway widening and future public domain improvements.

background:	As part of the extensive strategic planning process for the Local Centres, a number of laneways are the subject of requirements for land dedication for the purposes of widening and laneway activation including Fitzsimons Lane Gordon and Post Office Lane Pymble. Havilah Lane Lindfield is the subject of this report.

comments:	A letter of offer for the dedication of land in Havilah Lane Lindfield has been submitted to Council in connection with a s34 conciliation conference in the Land and Environment Court associated with DA0175/17. The matter is now the subject of final consent orders and the preparation of the draft VPA can commence.

recommendation:	That the formal offer to enter into a VPA be noted and that authority be delegated to staff to pursue the document to a draft exhibition stage.

Purpose of Report

To advise Council of the formal receipt of a letter of offer for the dedication of land in Havilah Lane for the purposes of laneway widening and future public domain improvements.

Background

As part of the comprehensive strategic planning of Ku-ring-gai’s Local Centres, a programme of laneway activation is supported by the Development Control Plan. Some of the key lanes for widening and/or revitalisation with active street frontages and public domain improvements include: Fitzsimons Lane in Gordon, Post Office Lane in Pymble, Havilah Lane in Lindfield and Forbes Lane in Turramurra. Where achievement of wider lanes is required, this is not funded by Council and not included in Council’s Section 94 Contributions Plans. Some of the desired outcomes will only be achieved over time.

One VPA for Fitzsimons Lane at 904-914 Pacific Highway Gordon is effectively complete. Another for Fitzsimons Lane at 870-898 Pacific Highway Gordon is in the process of execution and registration. The remaining VPA for Fitzsimons Lane, being part of 900 pacific Highway Gordon, requires re-exhibition following a change of ownership and consequential discussions with the new owner. This was reported to the previous Council Meeting. The first VPA for Post Office Lane at 1017 Pacific Highway Pymble is also in the process of execution and registration.

The purpose of this report is to formally advise of a letter of offer for Havilah Lane Lindfield.

Comments

The subject property is located at 51, 55 and 55A Lindfield Avenue Lindfield. It is part of what was a larger consolidated site, the consent for which is now superseded. The other section of the site was subsequently developed on 43 Lindfield Avenue Lindfield and is nearing completion.

DA0175/17 was lodged in May 2017 and a deemed refusal was lodged with the Land and Environment Court in October 2017 following protracted discussions with a view to satisfying the requirements of Council’s adopted strategic planning documents. A s34 conciliation conference was first held in November 2017 and later resumed in March 2018. Consent orders were issued on 23 March 2018. The letter of offer to enter into a VPA to dedicate land in Havilah Avenue at no cost to Council associated with this consent and associated diagrams can be found at Attachments A1-A3.

The following conditions are included in the consent orders:

5A Planning Agreement

a) A planning agreement is to be entered into with the Council for the dedication to Council at no cost to Council of the strip of land (variable width) along the eastern boundary as shown on approved plan numbered 04 GROUND REV C dated 12 March 2018 to widen Havilah Lane in accordance with the offer made to the Council in the letter to the Council from Mills Oakley dated 21 March 2018.

b) The Planning Agreement is to be entered into within:

i. six months after the date of issue of the first construction certificate for the development, or

ii. 30 days of the Council resolving or otherwise deciding to enter into the planning agreement.

whichever occurs first.

c) A restriction as to the use of the land, pursuant to s 88E of the Conveyancing Act 1919, must be registered on the title of the land in favour of the Council in relation to the land to be dedicated to the Council under the planning agreement referred to above. The terms of this restriction as to user is to restrict the use of the relevant land for the purposes of a road, including a footpath.

d) Prior to the issue of the first construction certificate the restriction as to user must be provided to the Council in registrable form signed by all parties with an interest in the land together with an undertaking from the owners of the land to do all things necessary to facilitate expeditious registration of the section 88E restriction as to user (including but not limited to the production of the title documents and expeditiously answering any requisitions from the LPI).

e) The Council will do all things necessary to facilitate the removal of this s88E restriction as to user from the title upon the registration on title of the voluntary planning agreement referred to above.

84. Dedication of Land – Havilah Lane

Prior to the issue of the Occupation Certificate the land dedication required by the Planning Agreement under condition 5A is to be completed to show the Council as the registered proprietor of the dedicated land.

It should be particularly noted that there is a time constraint of within six months of any Construction Certificate. Given the essential lead times of reporting before and after a statutory exhibition period which is a minimum of 28 days (plus advertising lead times), it is important to instigate the drafting of this document as soon as possible.

The diagram below is an extract from Council’s Local Centres Development Control Plan.

The aerial photograph below, although dating from 2016, clearly shows the benefits for the community around Havilah Lane of the widening of this section of laneway – including the residents of the subject property.

Image: 2016 Aerial View of the subject property. It should be noted that development of the two vacant sites shown in the image above are currently nearing completion (2018).

Havilah Lane is the latest in a series of laneways to be widened under the provisions of Council’s adopted and now well-established strategic planning documents including the Local Centres Development Control Plan and the Public Domain Plan.

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 retention of the same legal firm who represented Council for the preceding four laneways VPAs and who also had carriage of this matter in the Land and Environment Court, will assist Council in this latest VPA on the same core template.

Risk Management

The retention of an experience legal firm who has assisted Council with similar matters in the past will assist in the mitigation of risk.

Financial Considerations

The strategic planning for the widening of Havilah 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 future financial years in the Long Term Financial Plan however, the cost is provided for in the adopted Contributions Plan.

Social Considerations

The dedication of a narrow strip of land along Havilah 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

Environmental considerations are part of the detailed design of every item of infrastructure provided for in the Contributions Plan. The provision of this infrastructure is required to support cohesive and sustainable communities in areas of increasing urbanisation.

Community Consultation

The draft Planning Agreement will be reported to Council for endorsement to place on statutory public exhibition at such time as it is in a final draft form.

Internal Consultation

A team including staff from Urban Planning, the Property unit and the Corporate Lawyer will be involved in the finalisation of the draft VPA. Additionally, staff from the Development and Regulation unit has also been involved as part of the Development Application and subsequent court case that brought the matter to this point.

Summary

This formal offer to enter into a VPA is the culmination of a negotiated settlement in the Land and Environment Court as part of a s34 conciliation conference. It is expected to follow a similar process to the four preceding laneway dedication VPAs (three for Fitzsimons Lane in Gordon and one for Post Office Lane in Pymble). The proposed exhibition draft will be reported to Council at such time as it is ready to proceed to that next stage.

Recommendation:

A. That the receipt of a formal offer to enter into a VPA from the development at 51, 55 and 55A Lindfield Avenue Lindfield and backing on to Havilah Lane in Lindfield 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.

B. 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 the Ku-ring-gai Development Control Plan, the Ku-ring-gai Public Domain Plan 2010 and/or the Ku-ring-gai- Contributions Plan 2010 ahead of formal notifications of offers to enter into Voluntary Planning Agreements as part of the core administrative function of implementing Council’s adopted strategies.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Letter of Offer to Enter into a Planning Agreement for Havilah Lane	2018/084885
	A2	Plan showing area of Dedication referred to in the consent orders	2018/085987
	A3	Plan showing area of dedication refered to in the Letter of Offer	2018/085946

Ordinary Meeting of Council - 10 April 2018	GB.8 / 62

Item GB.8	S11385
	26 March 2018

Tender RFT04-2018 - Primula Oval Sportsfield Lighting Upgrade

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for the refurbishment of Primula Oval Sportsfield lighting and appoint the preferred tenderer.

background:	Council, as part of the Sportsfield Capital Works Program, approved funding for the refurbishment/upgrade of Primula Oval, corner of Highfield Road and Primula Street, Lindfield NSW 2070. The works to include, but not be limited to, the design, supply and install upgraded sportsfield lighting and the re-instatement of the site following the completion of the works. Tender documents were prepared and released through Tenderlink on 30 January 2018 with a closing date of 13 March 2018.

comments:	Tender documents were produced with four (4) submissions received. The submissions were assessed using agreed criteria which identified the best value to Council.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions and authorise negotiations with the tenders submitted by tenderers ‘A’ to ‘C’ as identified in the Confidential Summary.

Purpose of Report

To consider the tenders received for the refurbishment of Primula Oval Sportsfield lighting and appoint the preferred tenderer.

Background

Council, as part of the Sportsfield Capital Works Program, approved funding for the refurbishment /upgrade of Primula Oval, corner of Highfield Road and Primula Street, Lindfield NSW 2070. The works to include, but not be limited to, the design, supply and install upgraded sportsfield lighting and the re-instatement of the site following the completion of the works. Tender documents were prepared and released through Tenderlink on 30 January 2018 with a closing date of 13 March 2018.

As the cost of the works was estimated to be over $150,000, tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

Comments

Four (4) tenders were received and recorded in accordance with Council’s tendering policy. Tenders were received from the following companies:

· Smada Electrical Services Pty Ltd;

· REES Electrical Pty Ltd;

· JRW Trading Pty Ltd (Trading as Jaydub Electrical Service); and

· Arback Pty Ltd (Trading as Laser Electrical Granville).

It should be noted the order above does not correspond to the order of the list of tenderers named from ‘A’ to ‘D’ in Attachment 1.

A Tender Evaluation Panel consisting of staff from the Operations and Strategy & Environment Departments was formed to assess the four (4) tenders received. The evaluation took into account:

· Conformity of submission

· lump sum fee,

· company and staff experience,

· ability to provide the full range of services required,

· work program, and availability,

· previous performance in relation to similar type work, and

· Company’s financial capacity.

Confidential attachments to this report include:

· List of tenders received and recommendation (Attachment 1),

· Tender Evaluation Panel’s assessment (Attachment 2).

integrated planning and reporting

Enhance Recreation, Sporting and Leisure Facilities. Community Strategic Plan Long Term Objective Delivery Program Term Achievement Operational Plan Task P6.1 Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

A program is being implemented to improve existing recreational, sporting and leisure facilities and facilitate the establishment of new facilities and deliver park asset refurbishment program at priority locations.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1 Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

A program is being implemented to improve existing recreational, sporting and leisure facilities and facilitate the establishment of new facilities.

Deliver park asset refurbishment program at priority locations.

Governance Matters

Tender documents were prepared and released through Tenderlink on 30 January 2018 with a closing date of 13 March 2018. At the close of tender, four (4) tenders were received. All submissions were recorded in accordance with Council’s Tendering Policy.

A Tender Evaluation Panel consisting of staff from the Operations and Strategy & Environment Departments was formed to assess the four (4) tenders received. The evaluation took into account:

· Conformity of submission

· lump sum fee,

· company and staff experience,

· ability to provide the full range of services required,

· work program, and availability,

· previous performance in relation to similar type work, and

· Company’s financial capacity.

Confidential attachments to this report include the list of tenders received, the Tender Evaluation Panel’s comments and recommendation. The attachments are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That work needed to be carried out by a suitably qualified company with experience of designing and installing sportsfield lighting.

· Availability – the company was available to commence work before the end of the present financial year and has the resources to complete the on-site work within eight (8) weeks or less, subject to weather delays.

· That Council should not be exposed to financial risk - as part of the evaluation process, tenderers were assessed on providing all information and costs requested within the tender document and an independent Performance and Financial Assessment will be carried out on the preferred tenderer to ensure they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

Financial Considerations

Funding for this project is allocated in the Capital Works Program as part of the Delivery Program and Operational Plan 2017-2018.

Social Considerations

The provision of the upgraded sportsfield lighting will be significant as the present system is no longer able to meet minimum standards. The new system will be more efficient, will meet minimum light levels for both training and game matches, will allow more flexibility of the times during which the facility can be used, reduce the need to travel to other sites and pressure on other sports facilities.

Environmental Considerations

The proposed lighting upgrade will utilise advances in technology with directional lamps and luminaries. This will substantially reduce the light spill on adjoining properties; reduce energy consumption, even though the light levels on the sportsfield will increase. On completion of the installation the lighting will comply with the relevant standards (AS2560 – Guide to Sports Lighting and AS4282 – Guide to Obtrusive lighting.

Community Consultation

As part of the upgrade process all the surrounding residents have been advised of the pending upgrade and will be notified prior to the on-site upgrade work commencing.

During upgrade works access to the site will be restricted.

Internal Consultation

Consultation was undertaken with Strategy & Environment, Operations and Community Departments all being consulted.

Summary

Following internal and external consultation, final preparation of plans and specifications took place with tender documents being released through Tenderlink on 30 January 2018 with a closing date for receipt of tenders of 13 March 2018.

A Tender Evaluation Panel was formed consisting of representatives from Operations and Strategy & Environment Departments. At the close of tender, Four (4) tenders were received. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation, it is recommended that Council accept the recommendation detailed in the confidential Attachment 1.

Recommendation:

A. That Council decline to accept any of the tender submissions for RFT04-2018 Design Construct Sportsfield Lighting – Primula Oval, Corner of Highfield Road and Primula Street, Lindfield NSW 2070.

B. That fresh tender not be called due to the cost, time and staff resources needed for the process, as it is unlikely to elicit any new submissions, and may result in less submissions than has been previously received.

C. That Council enter into negotiations with the three (3) tenderers ‘A’ to ‘C’ as identified in the Confidential Summary.

D. That the General Manager be authorised to negotiate the terms of the contract contemplated in “C” above.

E. That the Major and General Manager be delegated authority to execute all tender documents on Council behalf in relation to the contract.

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

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

David Morris

Manager Projects

George Bounassif

Director Operations

Attachments:	A1	List of tenders received and recommendation		Confidential
	A2	Tender Evaluation Panel’s assessment		Confidential

Ordinary Meeting of Council - 10 April 2018	GB.4 / 38

Item GB.4	S02133
	28 March 2018

Ordinary Meeting of Council - 10 April 2018	GB.5 / 41

Item GB.5	CY00546/2
	3 April 2018

Ordinary Meeting of Council - 10 April 2018	NM.1 / 67

Item NM.1	S10376
	29 March 2018