Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 4 December 2018 AT 7:00 pm

Level 3, Council Chamber

Agenda

** ** ** ** ** **

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 reportS and attachments:

C.1 Tender 29/2018 - Provision of Legal Services – Panel

Attachment A1: Weighted Selection Criteria

Attachment A2: Evaluation Committee Assessments Summary

C.2 Consultation - Sydney North Planning Panel

Attachment A1: Letter from SNPP

Attachment A2: Record of deferral SNPP

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.4 Marian Street Theatre Update

Attachment A1: ............................................ MST SIR & Cost Estimates

GB.6 NSW Department of Education - Joint Use Proposal - St Ives High School Indoor Sports Centre

Attachment A3: St Ives High School Indoor Sports Feasibility Study - Otium Planning Group - March 2018

GB.7 Procedure following Sydney North Planning Panel decision on the Planning Proposal to modify Zoning, Height, FSR at 95-97 Stanhope Road Killara - Lourdes Retirement Village

Attachment A3: ....................... Legal Advice on Rezoning Review decision

GB.8 RENEWAL OF HEAD LEASE TO COUNCIL FROM THE CROWN - 451 MONA VALE ROAD ST IVES

Attachment A2: .................. A2 Confidential Proposed Heads of Agreement

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

File: S02131

Meeting held 27 November 2018

Minutes to be circulated separately

minutes from the Mayor

MM.1 Road Safety Award from the Institute of Public Works Engineers Australia 10

File: FY00391/13

It is my pleasant duty to inform my Councillor colleagues that the Council has been the recipient of another prestigious award.

Each year the Institute of Public Works Engineers Australia seek nominations for their Excellence in Engineering Awards.

Ku-ring-gai Council staff nominated the annual road safety calendar for an award in the Local Government Excellence in Road Safety category, which was declared the overall winner.

The free calendar is a collaboration between the road safety officers from seven local councils across the northern Sydney region ie. Ku-ring-gai, Hornsby, Lane Cove, North Sydney, Northern Beaches, City of Ryde and Willoughby.

Since the calendar was first developed in 2001, it has seen many variations. Once aimed at seniors aged 60 and over, for the last three years the calendar has been targeted at all road users. It features eye-catching photos covering a range of road safety topics that appeal to motorists of all ages. This year’s edition uses a blend of retro images and humour to address serious road safety issues.

Rather than stating what road users should and should not be doing, or attempting to scare them with statistics and sombre details, the calendar encourages road users to modify their behaviour through the use of humour, style and old fashion courtesy. This approach has proven very popular, with 34,000 copies of the 2018 distributed across the northern Sydney region. This year there was a special tear out section included in the calendar What to do after a car crash, created by the NSW Police Force, which could be conveniently placed into a glove box. A Walking is Fun bookmark for younger children also helped promote active travel to and from school.

With the councils working together to create the road safety calendar it ensures that the project is sustainable, and combines knowledge and creative thinking to develop a product that evolves, expands and improves every year. This cooperation between the councils is also beneficial to the cost effectiveness of the project, as the pooling of funds ensures the maximum number of calendars can be produced, increasing the capacity to reach a wider audience.

I congratulate all involved in the production of the road safety calendar and commend our staff for entering and winning this national award.

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 - Complaint Statistics 11

File: S08447

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW for the twelve months to 31 August 2018.

Recommendation:

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

GB.2 Delegations for Council Recess December - January 2018/2019 16

File: CY00259/10

To grant delegations during the December – January Council recess period for 2017/2018 to ensure the efficient operation of Council business during this time.

Recommendation:

That, subject to any delegations already granted by Council, the authority of Council be delegated to the Mayor, Deputy Mayor and the General Manager for the 2018/2019 December-January recess period.

GB.3 North Shore Black & White Charity Ball 2019 20

File: CY00043/10

To inform Councillors of the North Shore Black & White Charity Ball fundraising event to be held on Saturday 9 March 2019 at Killara Golf Club.

Recommendation:

That Council consider the invitation to purchase tickets for Councillors wishing to attend the 2019 North Shore Black & White Charity Ball.

GB.4 Marian Street Theatre Update 24

File: S12062-3

To update Council on progress of the Marian Street Theatre (MST) project.

Recommendation:

That Council receives and notes the updates contained within this report.

GB.5 Closure of Balfour Lane Lindfield - Public Exhibtion Due to Legislative Amendments 31

File: S11351

To update Council on the closure of a portion of the public road Balfour Lane Lindfield in order to respond to legislative amendments and progress the road closure.

Recommendation:

That Council acknowledges the submissions relevant to the closure and relocation of the public road and proceeds with the formal road closure of a portion of Balfour Lane, Lindfield in accordance with Part 4, Division 3, Roads Act 1993.

GB.6 NSW Department of Education - Joint Use Proposal - St Ives High School Indoor Sports Centre 40

File: S11738-1

To update Council on the proposed joint use indoor sports centre at St Ives High School.

Recommendation:

That Council notes the intention to lodge a Stage 2 application for $5 million towards the proposed joint use indoor sports centre at St Ives High School under the Greater Sydney Sports Facility Fund.

That Council seeks letters of support for its application from the State Member for Davidson and the State Member for Ku-ring-gai.

GB.7 Procedure following Sydney North Planning Panel decision on the Planning Proposal to modify Zoning, Height, FSR at 95-97 Stanhope Road Killara - Lourdes Retirement Village 45

File: S11689

To advise Council on the next steps following the Sydney North Planning Panel’s decision to proceed with the Planning Proposal.

Recommendation:

That Council advises the Sydney North Planning Panel that it does not seek to take on the role of Relevant Planning Authority (RPA) for the Planning Proposal.

GB.8 RENEWAL OF HEAD LEASE TO COUNCIL FROM THE CROWN - 451 MONA VALE ROAD ST IVES 51

File: S07254

To seek Council’s approval to renew the head lease granted to Council by the Crown (Minister for Lands and Forestry) over Crown land at 451 Mona Vale Road St Ives.

Recommendation:

That Council approves of the General Manager or his delegate conducting further negotiations with the Department of Industries, Lands and Forestry to renew the head lease on terms acceptable to Council and as set out in this report.

GB.9 Ku-ring-gai Community Facilities Strategy - Part 1 - public submissions 56

File: S10162

To report to Council the results of the public exhibition of the draft Ku-ring-gai Community Facilities Strategy prior to finalising the document as policy.

Recommendation:

That Council adopts the Strategy as policy to guide the planning and provision of libraries and community centres across the LGA to 2036.

That Council undertakes a more detailed needs analysis for the district centre proposed for St Ives, similar in scope to those undertaken to date by Council for Lindfield and Turramurra.

GB.10 Soft Plastics Recycling 63

File: S02294

To report on the feasibility for increasing the recovery of soft plastics

Recommendation:

That Council note this report and support the proposed strategies to reduce the use of soft plastics.

GB.11 Monthly Project Status Report - November 2018 69

File: FY00621

To provide Council with the Project Status Report for November 2018.

Recommendation:

That Council receive and note the Project Status Report for November 2018.

GB.12 Ku-ring-gai Traffic Committee
Meeting dates for 2019 73

File: CY00022/10

To determine Ku-ring-gai Traffic Committee meeting dates for 2019.

Recommendation:

That Ku-ring-gai Traffic Committee meetings for 2019 be scheduled monthly between February and November as per dates requested and that meetings be held only as required.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Companion Animals - Cats 76

File: CY00445/6

Notice of Motion from Councillors Greenfield and Smith dated 20 November 2018

Cats are beautiful companion animals and bring a lot of joy to their owners and families.

Sadly they are also very effective and efficient hunters and killers. It is estimated that over 60million birds are killed every year in Australia by cats both feral and domestic.

The majority of residential areas in Ku-ring-gai Council are located in close proximity to bushland reserves or National Park where feral cats are present or domestic cats roam freely, posing a threat to our native wildlife. Neighbouring councils have undertaken feral cat trapping and in the first 2 months of the program 41 cats were captured equating to more than 1 feral cat caught per working day.

The high numbers captured indicates Council needs to take a proactive approach to combat this ever-worsening issue, including exploring opportunities for changes to NSW legislation to require compulsory de-sexing of cats and the confinement of cats, similar to the current requirements for companion dogs. Limiting the number of cats per household may also see an increase in compliance with microchipping, registrations, vaccinations and de0-sexing of cats, as shown in an independent survey undertaken on behalf of the Cat Protection Society. A policy setting a number of cats per household could be implemented by Council, with exceptions available for breeders and domestic households on a case by case basis.

Simplifying cat and dog registration processes and streamlining the updating of ownership and address details should increase compliance and would provide council with income to assist provide the necessary resources to implement future measures. I am aware that Sutherland Shire council has implemented such systems and Hornsby Shire Council is investigating the options for implementation. Best practice in local government should be examined to determine how similar processes could be implemented in Ku-ring-gai Council area.

I am also aware that the Co-operative De-sexing Program being promoted and run by the National De-sexing Network (NDN) has had success with Ipswich and Gold Coast Councils, which has shown that a $10,000 Council contribution to the NDN has resulted in the de-sexing of in excess of 150 cats. Opportunities for Council to make such a monetary contribution could be sought by way of grants offered by the NSW Office of Local Government.

Such reforms would see increased responsibility of and compliance from pet owners and also ensure councils Wildlife Protection areas are adequately protected and are worthy of further consideration.

I move that:

A. A report be prepared to assess the feasibility of Feral Cat Trapping and include consideration of the implications, feasibility, cost and resources of

a. subsidising the de-sexing and micro-chipping of cats

b. Limiting the number of cats per household

c. Prohibiting persons living within close proximity to wildlife protection areas from owning cats

d. Streamlining the animal registration system to make it easier to register pets

e. Implementing an education strategy detailing the benefits of cat microchipping, registration, de-sexing and containment

B. That council investigate feasible options for restricting the impact of cats on native wildlife.

C. Best practice in local government be examined in evaluating how the processes outlined in point A could be implemented in Ku-ring-gai Council area

D. Council write to the Minister of Environment to seek confirmation of the opportunity and processing for requesting legislative changes to the Companion Animals Act 1998 as it applies to Ku-ring-gai Council area to require:

a. The owner of a cat to take reasonable precautions to prevent the cat from escaping from the property on which it is kept; and

b. Compulsory de-sexing of cats unless a person is a registered breeder

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 Tender 29/2018 - Provision of Legal Services - Panel

File: RFT29-2018

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

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

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

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

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

Report by General Manager.

C.2 Consultation - Sydney North Planning Panel

File: DA0307/17

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

Section 10A(2)(e) of the Act permits the meeting to be closed to the public for business relating to information that would, if disclosed prejudice the maintenance of law.

This matter is classified confidential under section 10A(2)(e) because it

Report by Director Development & Regulation

It is not in the public interest to release this information as it would prejudice the maintenance of law.

John McKee

General Manager

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Ordinary Meeting of Council - 4 December 2018	GB.1 / 10

Item GB.1	S08447
	26 November 2018

Code of Conduct - Complaint Statistics

EXECUTIVE SUMMARY

purpose of report:	To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW for the twelve months to 31 August 2018.

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

comments:	The relevant statistics are contained in this report.

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

Purpose of Report

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW for the twelve months to 31 August 2018.

Background

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

Part 12 of the Procedures provides:

PART 12 REPORTING ON COMPLAINTS STATISTICS

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

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

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

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

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

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

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

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

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

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

Comments

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

Number of Complaints

1 a The total number of complaints received in the period about councillors and the general manager under the code of conduct [7]

b The total number of complaints finalised in the period about councillors and the general manager under the code of conduct [1]

Overview of Complaints and Cost

2 a The number of complaints finalised at the outset by alternative means by the general manager or Mayor [1]

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

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

d The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer [0]

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

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

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

h Number of finalised complaints investigated where there was found to be no breach [1]

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

j Number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police [2]

k Number of complaints being investigated that are not yet finalised [1]

l The total cost of dealing with code of conduct complaints within the period made about councillors and the general manager including staff costs [4,570.50]

Preliminary Assessment Statistics

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

a To take no action [0]

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

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

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

e To investigate the matter [0]

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

Investigation Statistics

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

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

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

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

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

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

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

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

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

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

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

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

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

Categories of misconduct

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

a General conduct (Part 3) [0]

b Conflict of interest (Part 4) [0]

c Personal benefit (Part 5) [0]

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

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

Outcome of determinations

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

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

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1.3. Council’s Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.	Compliance with the requirements of relevant Acts and Regulations.	Comply with the requirements of the Local Government Act and Regulations.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1.3. Council’s Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.

Compliance with the requirements of relevant Acts and Regulations.

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

Governance Matters

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

Risk Management

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

Financial Considerations

As detailed above, the relevant cost of dealing with code of conduct complaints within the period was $4,570.50.

Social Considerations

Not relevant

Environmental Considerations

Not relevant

Community Consultation

Not relevant

Internal Consultation

Not relevant

Summary

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

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

Recommendation:

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

Jamie Taylor

Corporate Lawyer

John McKee

General Manager

Ordinary Meeting of Council - 4 December 2018	GB.2 / 15

Item GB.2	CY00259/10
	19 November 2018

Delegations for Council Recess December - January 2018/2019

EXECUTIVE SUMMARY

purpose of report:	To grant delegations during the December – January Council recess period for 2017/2018 to ensure the efficient operation of Council business during this time.

background:	At its meeting of 13 November 2018, Council adopted a meeting cycle for 2019. The last ordinary meeting of Council for 2018 will be held on 4 December 2018 and the first meeting for 2019 will be held on 12 February 2019.

comments:	The December-January recess period for 2018/2019 commences after the OMC on 4 December 2018 and will end when Council resumes on 12 February 2019. During this period, it is customary delegate the authority of Council to the Mayor, Deputy Mayor and the General Manager to ensure the efficient operation of Council business.

recommendation:	That, subject to any delegations already granted by Council, the authority of Council be delegated to the Mayor, Deputy Mayor and the General Manager for the 2018/2019 December-January recess period.

Purpose of Report

To grant delegations during the December – January Council recess period for 2017/2018 to ensure the efficient operation of Council business during this time.

Background

At its meeting of 13 November 2018, Council adopted a meeting cycle for 2019. The last ordinary meeting of Council for 2018 will be held on 4 December 2018 and the first meeting for 2019 will be held on 12 February 2019.

Comments

The December-January recess period for 2018/2019 commences after the OMC on 4 December 2018 and will end when Council resumes on 12 February 2019. During this period, it is customary delegate the authority of Council (except those functions reserved to the elected Council by section 377 of the Local Government Act 1993) to the Mayor, Deputy Mayor and the General Manager to ensure the efficient operation of Council business.

Historically this delegation of authority to the Mayor, Deputy Mayor and the General Manager means that any business of Council which reasonably cannot be delayed may be dealt with following the unanimous agreement of the Mayor, Deputy Mayor and General Manager. This does not affect the Council’s ability to call an extraordinary meeting should it be deemed necessary (and a quorum be able to be convened), in accordance with its adopted Code of Meeting Practice. It also does not limit the Mayor’s authority under section 226(d) of the Local Government Act 1993 to “exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council”, or any other delegations already granted by Council.

All matters dealt with under this delegation during the recess period should be reported to the first ordinary meeting of Council of 2019.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council's Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.

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

Governance Matters

It is Council’s usual practice to grant delegated authority to exercise all powers, authorities, duties and functions of Council, except those set out in Section 377 of the Local Government Act 1993, during the Christmas/New Year period. This year that period is from the 4 December 2018 to
12 February 2019.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

The December-January recess period for 2018/2019 commences after the OMC on 4 December 2018 and will end when Council resumes on 12 February 2019. During this period, it is customary delegate the authority of Council to the Mayor, Deputy Mayor and the General Manager to ensure the efficient operation of Council business.

Recommendation:

A. That, subject to any existing delegations already granted by Council, the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2018/2019 as follows:

That the Mayor (Councillor Jennifer Anderson), the Deputy Mayor (Councillor Jeff Pettett), and the General Manager (John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 4 December 2018 to 12 February 2019, subject to the following conditions:

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

ii. Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 12 February 2019.

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

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 4 December 2018	GB.3 / 19

Item GB.3	CY00043/10
	26 November 2018

North Shore Black & White Charity Ball 2019

EXECUTIVE SUMMARY

purpose of report:	To inform Councillors of the North Shore Black & White Charity Ball fundraising event to be held on Saturday 9 March 2019 at Killara Golf Club.

background:	The North Shore Black & White Charity Ball is an annual black tie gala event, celebrating and supporting local community whilst raising much needed funds for local charitable organisations. Council supported this event last year and in previous years.

comments:	In 2019 the event will be supporting Gotcha4Life Foundation, which raises awareness about men’s mental health. The North Shore Black & White Charity Ball will be held on Saturday 9 March 2019 at Killara Golf Club. Individual ticket prices are $125.

recommendation:	That Council consider the invitation to purchase tickets for Councillors wishing to attend the 2019 North Shore Black & White Charity Ball.

Purpose of Report

To inform Councillors of the North Shore Black & White Charity Ball fundraising event to be held on Saturday 9 March 2019 at Killara Golf Club.

Background

The North Shore Black & White Charity Ball is an annual black tie gala event, celebrating and supporting local community whilst raising much needed funds for local charitable organisations.

Council supported this event last year and in previous years.

Comments

Councillors have received an invitation to attend the North Shore Black & White Charity Ball fundraising event to be held on Saturday 9 March 2019 at Killara Golf Club.

Individual tickets can be purchased for $125. The ball is a stand-up cocktail event. Further information can be found here: https://events.humanitix.com.au/north-shore-black-and-white-charity-ball-2019

In 2019 the event will be supporting Gotcha4Life Foundation, which raises awareness about men’s mental health.

Gotcha4Life Foundation has been established with the fundamental aim of helping save the lives of males throughout Australia. This aim is to take action and positively impact men’s mental health, via the following guiding foundations:

· Driving and challenging old male stereotypes and the culture of stoicism in men

To show men they can redefine help-seeking and that asking for emotional support is a strength and a form of taking control of their life

· Driving awareness about the striking statistics and devastating research around male suicide and ‘friendlessness’ in Australia

Highlighting the relationship between current masculine norms and suicide.

· Recognising males can feel they have no mate to turn to for help or advice in crisis

Driving actions through delivery, validation, and program development.

Establish a strong team of technical experts to support, design and build sustainable programs that improve men’s mental health

· Driving outcomes to reach all males in Australia

Be part of the solution and help diminish male suicide rates

· Direct action on what having a Gotcha4life Mate means

– Find that mate

– Start a conversation

– Listen to that mate

– Have in-depth conversations

– Continually check in

– Maintain those long-term connections

· Position Statement

Essentially, to improve positive mental spaces for men before any onset of depression that can potentially lead to suicide

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

An equitable and inclusive community that cares and provides for its members.

Council’s policies, programs and advocacy address the social, information and health needs of all age groups, reduce disadvantage and address gaps in service provision.

Partner with key stakeholders to deliver community programs in response to identified community needs.

Governance Matters

The Payment of Expenses and Provision of Facilities to Councillors Policy provides for Council to meet the reasonable costs of Councillors attendance at formal functions, including functions for charities and community service groups, as authorised by resolution of Council.

Risk Management

Nil.

Financial Considerations

Individual tickets can be purchased $125.

Social Considerations

The event will be supporting Gotcha4Life Foundation, which raises awareness about men’s mental health.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

Councillors have received an invitation to attend the North Shore Black & White Charity Ball fundraising event to be held on Saturday 9 March 2019 at Killara Golf Club.

Recommendation:

That Council consider the invitation to purchase tickets for Councillors wishing to attend the 2019 North Shore Black & White Charity Ball.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 4 December 2018	GB.4 / 23

Item GB.4	S12062-3

Marian Street Theatre Update

EXECUTIVE SUMMARY

purpose of report:	To update Council on progress of the Marian Street Theatre (MST) project.

background:	At the OMC 26 June 2018, Council resolved, in part: B. That Council commits to the renewal of the Marian Street Theatre, consistent with the recent Council resolution, and bases the renewal on a multi-purpose plan concept. E. That work begins on building the revamped Marian Street ‘Theatre Plus’ within three years.

comments:	This report seeks to update Council on the Project Plan and Programme as well as findings of the recently completed Site Investigation Reporting (Stage 1 of the Project Plan).

recommendation:	That Council receives and notes the updates contained within this report.

Purpose of Report

To update Council on progress of the Marian Street Theatre (MST) project.

Background

The MST operated as a local theatre for over 40 years until 2013 and prior to that was used as a theatre or public hall since being built in 1906.

Previous building inspections in conjunction with theatre studies have identified significant non-compliance with BCA standards. Council closed the Marian Street Theatre in December 2013 to undertake urgent lighting, electrical and other associated upgrades but due to additional complications, the Theatre has remained closed ever since.

Council, at the OMC of 26 June 2018, resolved as follows:

A. That Council receives and notes the Save Marian Street Theatre Committee Business Plan and staff continue to work with the Save Marian Street Theatre Committee and the community, in developing plans for the renewal and future management of the Marian Street Theatre utilising the detailed business plan submitted.

B. That Council commits to the renewal of the Marian Street Theatre, consistent with the recent Council resolution, and bases the renewal on a multi-purpose plan concept.

C. That Council recognises that within the Save Marian Street Theatre Business Plan there is a capital funding model but it is also recognised that Council may choose an alternative model.

D. That Council establishes a Project Steering Committee with an agreed set of skills to be determined.

E. That work begins on building the revamped Marian Street ‘Theatre Plus’ within three years.

F. That Council acknowledges and thanks the Save Marian Street Theatre Committee for their contribution and the significant work that has been undertaken to date.

This report deals with Items B. & E. – progressing the project toward re-opening of the theatre.

At the Major Projects Steering Committee (MPSC) meeting of 20 August 2018 the Committee approved the Project Plan and Programme as presented in this report. Shortly thereafter Stage 1 was commenced with the commissioning of Engineering and Quantity Surveyor (QS) services to assess the current state of the building and provide approximate costings to re-develop the theatre.

Comments

This report outlines the recently completed Site Investigation Report (SIR) and costings associated with a Minimum, Medium and Maximum re-development options. (See Confidential Attachment A1). The report also summarises the Project Plan & Programme approved by the MPSC.

Stage 1 – Site Investigation Report

The purpose of this consultancy was to obtain, combine and integrate due diligence reporting into one succinct SIR. The SIR includes cost estimates for re-use or demolition and reinstatement for three (3) development Options.

The main objective of the SIR is to inform a Feasibility Study and subsequent Business Case to be adopted by Council and, in turn, to direct renovation or redevelopment of the site and ultimately to re-open the MST.

Cost Estimates

The QS has provided high level cost estimates (one [1] estimate for each of the Options [total 3]) based on the Engineer Consultants’ findings and recommendations within the SIR.

The three (3) design Options are as follows:

1. Minimum Option. A slight improvement on the existing facilities prior to the building’s closure;

2. Medium Option. Comprehensive improvement on the building and facilities prior to its closure but within the existing building shell;

3. Maximum Option. Based on the ‘Save Marian Street Theatre’ design including a new child learning centre. This Option also explores extending the building to the east and use of Selkirk Park.

PROGRAMME AND KEY DATES

Key Activities	Target Date	Status
Site Investigation Report	Nov 2018	RFQ closed 31 Aug 2018. SIR report completed 8 Nov 2018 (Confidential Attachment A1)
Feasibility & Business Case	Feb 2019	Started November 2018
Council commit to Business Case (preferred development Option)	Mar 2019	-
Tender and commence DA Documentation	Apr 2019	-
Lodge DA	Nov 2019	-
Receive Development Consent	Aug 2020	-
Detailed Design to CC	Jan 2021	-
Tender and award contract for construction	Mar 2021	-
Commence construction	May 2021	-

Key Activities

Target Date

Status

Site Investigation Report

Nov 2018

RFQ closed 31 Aug 2018. SIR report completed 8 Nov 2018

(Confidential Attachment A1)

Feasibility & Business Case

Feb 2019

Started November 2018

Council commit to Business Case (preferred development Option)

Mar 2019

Tender and commence DA Documentation

Apr 2019

Lodge DA

Nov 2019

Receive Development Consent

Aug 2020

Detailed Design to CC

Jan 2021

Tender and award contract for construction

Mar 2021

Commence construction

May 2021

current status

The Stage 1 SIR and cost estimates are attached to this report Confidential Attachment A1.

Overlaying of various management models and life cycle costs (maintenance and replacement) with the capital cost of each of the three (3) re-development Options has begun. This effectively forms the basis of the Feasibility Report.

items for Council consideration

SIR and re-development Option (x3) costs

Council are requested to consider the findings of the SIR and costs associated with the three (3) development Options.

The Feasibility Study (next phase) will advance the ‘whole of life’ costs by adding management models, potential revenue, and maintenance and replacement costs to determine the most palatable (to Council) development Option.

The ‘preferred’ Option will then be further developed into a Business Case to be reported to and adopted by Council.

Programme

Programme is currently on track.

Committee Reference Group

Council is requested to acknowledge the first MST Committee Reference Group meeting which was held on 14 November 2018.

The meeting was very productive, and the positive input from the members was greatly appreciated by Council staff. The Committee members and Councillor representatives have a wealth of expertise and experience which will be beneficial throughout the various stages of the project.

The next MST Committee Reference Group is planned for February 2019.

integrated planning and reporting

Community, people and culture

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C1 - Community Wellbeing	C1.1 An equitable and inclusive community that cares and provides for its members.	Our community facilities are accessible and function as cultural hubs to attract a range of users
C2 - Cultural Diversity and Creativity	C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Ku-ring-gai's rich cultural diversity and creativity is celebrated through programs and events.
C4 - Healthy Lifestyles	C4.1 A community that embraces healthier lifestyle choices and practices.	A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.
P8 Improving the standard of our infrastructure	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 assets.	Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity.
		Programs for infrastructure and asset maintenance management are delivered in accordance with the adopted Asset Management Strategy and Plans.

Governance Matters

The Council resolution of 8 May 2018 placed the renewal of the Marian Street Theatre in the Long Term Financial Plan. Resolution from the OMC of 26 June 2018 confirmed Councils resolve to re-establish the theatre.

Risk Management

Council are actively managing the key risks identified to date. Risks are summarised as follows:

Risk 1 - The final design exceeds the budget

Once the preferred re-development Option is confirmed, a budget will be set for the project. Costs of the proposed works are to be actively managed through phased cost estimates to ensure the project stays within budget. Should tenders for construction exceed the budget, a paper outlining options will need to be reported to Council requesting additional funding or amendments to the design.

Risk 2 – Extended development assessment period may lead to an increase in the cost of

construction

There will be an impact on timing to achieve development consent due to the DA approval time. There is therefore a knock-on extension to commencement of construction. The price of construction is escalating continuously and the project can therefore expect an increase in the cost of construction. Council’s available funds are not indexed at a commensurate rate, resulting in a reduction of funds over time.

Risk 3 – The Community is unhappy with the preferred re-development Option

There is a risk that Council (and Councillors) will receive complaints regardless of the chosen “preferred” re-development Option.

This risk can be mediated by managing the community’s expectations so as to understand the complexity of Council’s limited funds which are required to be spread amongst numerous competing projects as well as the broader strategies for implementation of new community and cultural facilities.

Risk 4 – Council reputation if the project is not delivered

Council’s reputation is not at risk from its decision to proceed with the project; rather, there is a reputational risk if the project is not delivered.

Financial Considerations

Council resolved on 8 May 2018 to undertake the renewal of Marian Street theatre and to allocate funds to the project in the long term financial plan (LTFP). As per the resolution, the project will be funded by asset sales.

A project account (cost centre) has been established with the finance department.

Further financial implications are to be elaborated on in the next phases of the project – Feasibility and Business case.

Social Considerations

The provision of additional community infrastructure by providing community spaces will ensure that MST becomes a vibrant and popular venue for all ages.

Environmental Considerations

There are no environmental issues arising from this report. All environmental impacts will be considered as part of the future design process and documentation.

Community Consultation

Consultation with the community has occurred on numerous occasions with regard to the provision of live theatre in Ku-ring-gai.

Council engaged consultants Straight Talk to undertake community engagement based on what the community thinks the future of live performance in Ku-ring-gai should be. The Straight Talk report (August 2015) indicated strong support within the community for live theatre in Ku-ring-gai.

More recently, Council has established a Committee Reference Group of which the first meeting was held 14 November 2018.

It is anticipated that further community consultation will be undertaken in conjunction with the MST renewal project.

It is anticipated that further community consultation will be undertaken in March 2019 in conjunction with a special community event which is planned for Selkirk Park.

A communications and consultation plan is currently being drafted and will be presented to Council in 2019.

Internal Consultation

GMD is the project owner and sponsor of the project.

The Major Projects Steering Group has been informed and has regular input into advancement of the project.

Summary

At the OMC 8 May 2018 and later at the OMC 26 June 2018, Council resolved to undertake the renewal of Marian Street theatre and to allocate funds to the project.

At the Major Projects Steering Committee (MPSC) meeting 20 August 2018 the Committee approved the Project Plan and Programme as presented earlier in this report. Stage 1 of the Project Plan - Site Investigation Report is now complete along with some preliminary capital cost estimates for three (3) re-development scenarios.

The next phase of the project - Feasibility Study, will advance the ‘whole of life’ costs by adding management models, potential revenue, and maintenance and replacement costs to determine the most palatable (to Council) re-development Option.

The ‘preferred’ Option will then be further developed into a Business Case to be reported to and adopted by Council.

Recommendation:

That Council receives and notes the updates contained within this report.

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:

MST SIR & Cost Estimates

Confidential

Ordinary Meeting of Council - 4 December 2018	GB.5 / 30

Item GB.5	S11351

Closure of Balfour Lane Lindfield - Public Exhibtion Due to Legislative Amendments

EXECUTIVE SUMMARY

purpose of report:	To update Council on the closure of a portion of the public road Balfour Lane Lindfield in order to respond to legislative amendments and 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. Council has considered the closure of Balfour Lane, Lindfield over an extended period.

comments:	On 1 July 2018, new legislative provisions in respect of road closures by local councils came into effect under Part 4 Division 3 of the Roads Act 1993 and the Crown Land Management Act 2016. Proposed road closures which were previously notified by Council prior to 1 July 2018 must now be notified under the current provisions of the Roads Act. There are no changes to the area of Balfour Lane proposed to be closed and the sole purpose of renotifying the road closure proposal is to comply with the requirements of the amended legislation.

recommendation:	That Council acknowledges the submissions relevant to the closure and relocation of the public road and proceeds with the formal road closure of a portion of Balfour Lane, Lindfield in accordance with Part 4, Division 3, Roads Act 1993.

Purpose of Report

To update Council on the closure of a portion of the public road Balfour Lane Lindfield in order to respond to legislative amendments and 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.

The land either side of Balfour Lane is owned by Coles and functions as a supermarket and at grade car park. 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.

Council has considered the closure of Balfour Lane, Lindfield over an extended period. Firstly, at the Ordinary Meeting of Council (OMC) on 29 April 2008.

Then 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.”

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.

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 resolved as follows;

A. That Council accepts the amount agreed between the parties for the divestment of approximately 538 m² of Balfour Lane, Lindfield.

B. That the offer is conditional upon the successful completion of the road closure of Balfour Lane, Lindfield

C. That, upon issuance of the Certificate of Title for the land known as Balfour Lane is classified as Operational Land.

D. That, Council authorises the General Manager and/or his delegate to negotiate the contractual terms and any Real Property related matters required to protect Council’s interests.

E. That Council, as landowner, provides consent to lodge the Development Application with the Lane included in the application.

F. Council authorises the Mayor and General Manager to execute all documentation associated with the conveyance, the road closure and any future development application in relation to the Lane.

At that time Council was advised that there was only one outstanding objection to the road closure relating to access and the relocation of Ausgrid’s underground infrastructure. 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.

The most recent report considered by Council on 10 April 2018, dealt with a number of issues including the public submissions on the proposed closure, the legal road status, pending legislative changes and reaffirmed Council’s earlier resolutions to proceed with a formal road closure application for the portion of Balfour Lane, Lindfield. At that time Council resolved as follows:

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.

COMMENTS

Prior to 1 July 2018, the formal road closure process was conducted by the Department of Industry – Crown Lands (Lands).

However, the implementation of the Crown Lands Management Act 2016, on 1 July 2018, and parallel amendments to the Roads Act 1993, resulted in local councils being responsible to administer the road closure application process of local council roads. This is further discussed under the Governance section of this report.

Although Council had previously considered all submissions/objections, and all objections had been removed the implementation of the legislation required the proposed road closure to be renotified.

There are no changes to the area of Balfour Lane proposed to be closed and the sole purpose of renotifying the road closure proposal is to comply with the requirements of the amended legislation.

The road closure was previously advertised on 8 December 2016. To ensure compliance with amendments to the Roads Act 1993, Council staff renotified the proposed road closure between 23 August and 20 September 2018. 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 of 10 October 2017, upon closure of the portion of the road Council intends to sell the land to the adjoining landowner with a condition that requires the construction of a new replacement road park prior to closing Balfour Lane to traffic. As a result, Council has entered into a Call Option Deed with Coles which will trigger the sale of the portion of Balfour Lane, Lindfield upon the completion of specific requirements by both Coles and Council. In particular for Council the successful closure of Balfour Lane.

To progress the road closure and future sale of the portion of Balfour Lane Lindfield, the following actions are required to be completed:

· a deposited plan for the road closure is prepared by a surveyor;

· a Development Application (DA) for approval of the survey plan for road closure and obtain a subdivision certificate and on approval of the DA Council signs the plan and if required the 88B instrument to create any required easements;

· the signed survey plan is lodged electronically to Land Registry Services (LRS) for registration and title issue;

· the survey plan on registration at LRS becomes a deposited plan;

· LRS issues a certificate of title for the deposited plan to Council and the title will carry a notation “The land above described is a public road”;

· Council referring to the deposited plan publishes a notice in the Government gazette to formally close the road;

· following publication of road closure in the Government gazette, Council’s solicitor submits the required form together with a copy of the gazette notice to LRS to request removal of the notation “and issue of a new title certificate; and

· on receipt of a new title Council, and assuming that Contracts for Sale have been exchanged, may then arrange settlement and handover of the land for the closed road to Coles.

This report provides Council the opportunity to address the administrative changes to legislation and consider submissions received through the re-notification of the closure of a portion of Balfour Lane, Lindfield, to enable the formal road closure process to be processed in accordance with the new legislative provisions.

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

On 1 July 2018, new legislative provisions in respect of road closures by local councils came into effect under Part 4 Division 3 of the Roads Act 1993 (the Roads Act) and the Crown Land Management Act 2016. Proposed road closures which were previously notified by Council prior to 1 July 2018 must now be notified under the current provisions of the Roads Act.

Section 38C ROADS ACT 1993 - Public submissions and formal objections, states as follows;

(1) Any person may make submissions to the council with respect to the closing of the road in the manner and within the period specified in the notice published under section 38B.

(2) Without limiting subsection (1), a notifiable authority in relation to the road may include a statement in the authority's submission to the effect that the authority formally objects to the closing of the road. The authority may withdraw the objection any time by written notice given to the council.

Note : If a formal objection is made, section 38D (2) provides that the road may not be closed until the objection is withdrawn by the authority or set aside by the Land and Environment Court under this section.

(3) The council may appeal to the Land and Environment Court against a formal objection made by a notifiable authority against the closing of the road.

(4) On any such appeal, the Land and Environment Court may:

(a) affirm the objection, or

(b) set aside the objection.

(5) In deciding whether to affirm or set aside the objection, the Land and Environment Court must have regard to the public interest.

Section 38D ROADS ACT 1993 – Decision on the proposal states as follows;

(1) After considering any submissions that have been duly made with respect to the proposal, the council may, by notice published in the Gazette, close the public road concerned.

(2) However, a council public road may not be closed:

(a) in the case of a classified road--unless RMS consents to the closure of the road, or

(b) in the case where a notifiable authority has formally objected under section 38C to the closing of the road--until the objection is withdrawn by the authority or set aside by the Land and Environment Court under that section.

As referred to below the Roads Act 1993, 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 divest the portion of Balfour Lane to Coles Council has resolved for the road to be classified as Operational land.

Section 43 ROADS ACT 1993 - Disposal of land comprising former public road owned by council

(1) This section applies to land vested in a council and forming part of a former public road.

(2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.

(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

Risk Management

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

Council’s report of 10 April 2018, flagged the consequences associated with the implementation of the Crown Lands Amendment Act 2016 and amendments to the Roads Act 1993, and while these legislative changes have provided local councils with the power to close council roads in their area it was necessary to renotify the proposed closure of a portion of Balfour Lane, Lindfield to ensure statutory compliance.

Financial Considerations

In accordance with 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. Coles will bear all costs associated with the construction of the new Balfour Lane and the road closure process.

Social Considerations

This proposal will assist in the delivery of Council's Community Strategic Plan 2038 in providing new funding towards community road projects. Subject to timing, this may include works on public roads associated with the Lindfield Village Green project.

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 initial public notification on the proposed closure and relocation of the public road commenced on 9 December 2016. To accord with the legislative amendments further public notification was conducted between 23 August and 20 September 2018.

This included a formal notice published in the North Shore Times. Council wrote to 17 Government agencies (Notifiable Authorities) 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 summarised in the following table:

Submitter	Submission Comments	Council Comments
NSW Department of Industry	No objection	Noted
NSW National Parks and Wildlife Service / The Office of Environment & Heritage	No objection	Noted
Council Road Closure Team, NSW Department of Industry - Crown Lands	No objection to the proposal as the department acknowledges that Council intends to a road opening/realignment of Balfour Lane	This is reference to the new Balfour Lane that will be constructed and opened prior to the physical closure of the existing Lane.
Ausgrid	Ausgrid had previously commented on the initial road closure proposal and on the associated DA.	Ausgrid relied on the removal of it objection on 27 February 2018
Transgrid	No Objection	Noted
RMS	Sought confirmation that access to the properties (fronting Pacific Highway) will be maintained via the laneway.	Council staff advised the RMS that properties facing the Pacific Highway would not lose access from Balfour Lane.
Forestry Corporation of NSW	No Objection	Noted
Sydney Water	No Objection	Noted
DPI Fisheries	No Objection	Noted
Transport NSW	No Objection	Noted
Endeavour Energy	No objection	Noted
Owner of 406 Pacific Highway Lindfield	No objection as access to the property is maintained	The partial closure of Balfour Lane, Lindfield does not affect access to this property.

As noted above, due to the fact that the proposed road closure had been previously considered by the public there were no objections to the road closure 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.

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 23 August 2018 and concluded on 20 September 2018.

Council wrote to 17 Government agencies and all adjoining property owners with access from Balfour Lane. No objections to the closure of a portion of Balfour Lane, Lindfield were received.

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.

The proposed road closure of a portion of Balfour Lane will not impede access to any adjoining properties 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.

Recommendation:

A. That Council acknowledges the submissions relevant to the closure and relocation of the public road and proceeds with the formal road closure of a portion of Balfour Lane, Lindfield in accordance with Part 4, Division 3, Roads Act 1993.

B. 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.

C. That Council authorises the Mayor and General Manager to execute all documentation associated with the conveyance, the road closure and any future development application in relation to the Lane.

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 4 December 2018	GB.6 / 39

Item GB.6	S11738-1

NSW Department of Education - Joint Use Proposal - St Ives High School Indoor Sports Centre

EXECUTIVE SUMMARY

purpose of report:	To update Council on the proposed joint use indoor sports centre at St Ives High School.

background:	In August 2018 Council lodged an expression of interested for funding under the Greater Sydney Sports Facility Fund for $5 million towards the proposed joint use indoor sports centre at St Ives High School. Successful candidates were to be notified in October if they were to proceed to Stage 2. Council was notified on 19 November 2018 that it been invited to prepare and submit an application under Stage 2. A detailed business case is due to be submitted no later than 5.00pm on 7 December 2018.

comments:	In recent months Council has been working cooperatively with the Department of Education to determine whether there is the capacity for Council to supplement the two court indoor complex that is proposed for St Ives High School. At the present time it is still not possible to determine if the project has sufficient merit, or represents value for money, to enable Council to commit to the project.

recommendation:	That Council notes the intention to lodge a Stage 2 application for $5 million towards the proposed joint use indoor sports centre at St Ives High School under the Greater Sydney Sports Facility Fund. That Council seeks letters of support for its application from the State Member for Davidson and the State Member for Ku-ring-gai.

Purpose of Report

To update Council on the proposed joint use indoor sports centre at St Ives High School.

Background

In August 2018 Council lodged an expression of interested for funding under the Greater Sydney Sports Facility Fund for $5 million towards the proposed joint use indoor sports centre at St Ives High School. Successful candidates were to be notified in October if they were to proceed to Stage 2.

Council was notified on 19 November that it been invited to prepare and submit an application under Stage 2. A detailed business case is due to be submitted no later than 5.00pm on 7 December 2018. It is understood successful applicants will be notified prior to Christmas 2018 and have three years to expend the grant.

Comments

In recent months Council has been working cooperatively with the Department of Education to determine whether there is the capacity for Council to supplement the two court indoor complex that is proposed for St Ives High School. At the present time it is still not possible to determine if the project has sufficient merit, or represents value for money, to enable Council to commit to the project.

It has become evident over the past six months that the project was more advanced than Council was ever led to believe. Consequently, the ability for Council to dovetail into early stage planning and design was somewhat curtailed. Notwithstanding, Schools Infrastructure NSW has been extremely helpful of late in trying to get Council to a position where it can make an informed decision about participation in the project.

Based on Council’s requirements, an area schedule and a preliminary concept plan have been developed by the Department of Education’s architects as the basis for moving forward (Attachments A1 and A2). Buildings were previously located running across the site on the north side of the playing field, with at grade parking accessed off Yarrabung Road. The revised layout has courts running parallel and accessed off Horace Street, with undercroft parking below Council’s courts, making use of the fall of the site.

It is anticipated that Council’s contribution will be significantly greater than the two court complex proposed by the Department of Education, reflecting a number of items being fully attributed to Council, though arguably they provide significant additional utility for the school community, namely:

· retractable seating for some 696 spectators;

· “show court” arrangement”;

· undercroft parking for approximately 96 cars;

· foyer and circulation space (including a café); and

· two multipurpose meeting spaces.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.	Programs are delivered in collaboration with agencies and partners to encourage healthy and active lifestyles.	Develop and implement sports programs in co-operation with, or by supporting local sporting clubs and providers.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.

Programs are delivered in collaboration with agencies and partners to encourage healthy and active lifestyles.

Develop and implement sports programs in co-operation with, or by supporting local sporting clubs and providers.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.	Engage with community partners to improve Councils sporting and recreational facilities.	Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.

Engage with community partners to improve Councils sporting and recreational facilities.

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

Governance Matters

At the time of submitting an expression of interest for funding under the Greater Sydney Sports Facility Fund in August, Council was under the impression that Schools Infrastructure NSW would have carriage of project design and documentation, planning approvals, procurement, project management, and project delivery. It now appears that this was never going to be the case. At the time, unbeknown to Council, Schools Infrastructure NSW was preparing to tender in late 2018 for a two court facility only. While this timetable has only recently shifted to early 2019, Council will be now be responsible for its own detailed documentation and planning approvals processes, which may or may not allow project delivery as part of Education’s two court facility.

Schools Infrastructure NSW have provided concept plans and an area schedule which they have verbally advised could form the basis of a mandatory pricing option for the purposes of a tender for construction of the two court facility. At the very least, this would give Council a reasonably good indication of market price for its components of a four court complex, albeit there is some risk of cost escalation and pricing risk around Council’s separate pathway and timeline for detailed design and planning approvals.

Risk Management

At the present time Council has not yet made, and is unable to make, a final investment decision in relation to this project. While some economies have been identified in the area schedule and reflected in the most recent concept design, final cost estimates will not be known until a tender price is received. Previously, there were significant differences in the cost estimates prepared by Council’s quantity surveyor and the quantity surveyor engaged by the Department of Education.

There is some reputational risk that may arise in the event that Council is successful in obtaining grant funding for the project, but for reasons of overall cost and value for money, it decides not to proceed with the project anyway.

Financial Considerations

No specific funding has been provided in the Delivery Program or Long Term Financial Plan for this project and further discussions will need to be held with the various sporting groups to ascertain what funding, if any, may be available from other sources.

Council has allocated a notional amount towards all three capital projects added to the DP & OP as a consequence of a Notice of Motion late in the 2018/2019 budget preparation cycle. These monies are directly tied to asset sales relying on rezoning and/or reclassification processes which are some 12 months at least from conclusion.

While final costs are subject to tender, the preliminary cost estimate prepared on behalf of Schools Infrastructure NSW for Council’s component of the facility alone is approaching the total sum set aside by Council for all three of these capital projects. Additionally, until a fully detailed design has been adopted, any cost estimate will have a significant margin for error and be subject to scope change.

In March 2018 Council commissioned Otium Planning Group Pty Ltd to prepare a feasibility report to help inform the assessment of a project (Confidential Attachment A3). Assumptions at the time included:

· two indoor courts accessible to Council/community at all operating times;

· two indoor courts used by the school during school hours and accessed by Council/ community outside of school times; and

· Council will be responsible for managing community access and community hire.

It is now unlikely that two indoor courts would be accessible to Council/community at all operating times given the need to separate the school community from the general community during school hours and the commensurate need to duplicate facilities and amenities. Consequently, the feasibility report would need to be remodelled based on updated assumptions. Any projected surplus would likely be reduced.

The Otium report suggests that, based on strong demand, future population growth and a lack of competing facilities in the primary catchment, the operation of the facility is likely be operationally and financially sustainable with an average 10 year total result likely to be a surplus of approximately $53,500 (bearing in mind the comments above).

Given the short timeframe within which Council has to prepare a Stage 2 application it has not been possible to revisit the St Ives High School Indoor Sports Centre Feasibility Study Final Draft Report.

Further, a revised preliminary cost plan has been commissioned in relation to the amended area schedule and preliminary concept plans provided by the Department of Education’s architects on 21 November 2018 (Attachment A1). This amended cost plan will be used as the basis for a Stage 2 business case. At the time of writing this amended cost estimate was not available.

Social Considerations

The inclusion of community use of the facilities at St Ives High School will provide increased social and cultural venues for the community and enable better utilisation of facilities.

Environmental Considerations

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

Community Consultation

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

Statutory notification would be required as part of any planning approval process that arises in the event Council decides to continue with the project beyond a Stage 2 funding application.

Internal Consultation

This project has been reported through Council’s Major Projects Steering Committee and the Councillors’ Major Projects Consultation Forum on a number of occasions.

Summary

Council was notified on 19 November that it been invited to prepare and submit an application under Stage 2. A detailed business case is due to be submitted no later than 5.00pm on 7 December 2018.

Recommendation:

A. That Council notes the intention to lodge a Stage 2 application for $5 million towards the proposed joint use indoor sports centre at St Ives High School under the Greater Sydney Sports Facility Fund.

B. That Council seeks letters of support for its application from the State Member for Davidson and the State Member for Ku-ring-gai.

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Area schedule	2018/355526
	A2	Preliminary Concept Designs dated 19 November 2018	2018/355522
	A3	St Ives High School Indoor Sports Feasibility Study - Otium Planning Group - March 2018	Confidential

Ordinary Meeting of Council - 4 December 2018	GB.7 / 44

Item GB.7	S11689

Procedure following Sydney North Planning Panel decision on the Planning Proposal to modify Zoning, Height, FSR at 95-97 Stanhope Road Killara - Lourdes Retirement Village

EXECUTIVE SUMMARY

purpose of report:	To advise Council on the next steps following the Sydney North Planning Panel’s decision to proceed with the Planning Proposal.

background:	On 7 November 2018 Council staff attended a Rezoning Review meeting with the Sydney North Planning Panel regarding Council’s decision to refuse the Planning Proposal to modify zoning, height and FSR at 95-97 Stanhope Road Killara - Lourdes Retirement Village. The Panel did not support Council’s decision and determined that the Planning Proposal should be submitted to the Department of Planning and Environment for a Gateway Determination. The Panel invited Council to be the Relevant Planning Authority (RPA). Alternately, the Planning Panel can be appointed as the RPA to prepare and administer the Planning Proposal process. The Panel requires Council’s decision by 26 December 2018.

comments:	Legal advice has been obtained that indicates that Council would be unlikely to succeed in any proceedings against the Planning Panel’s determination. The advice also covers the merits or otherwise of Council taking on the role of Responsible Planning Authority (RPA).

recommendation:	That Council advises the Sydney North Planning Panel that it does not seek to take on the role of Relevant Planning Authority (RPA) for the Planning Proposal.

Purpose of Report

To advise Council on the next steps following the Sydney North Planning Panel’s decision to proceed with the Planning Proposal.

Background

A Planning Proposal was submitted to Council on 8 September 2017 to amend the zoning, height and FSR on land at 95-97 Stanhope Road, Killara. Assessment of the Planning Proposal commenced on 21 March 2018 following the receipt of completed documentation.

The matter was reported to Council with a recommendation for refusal due to:

· high bushfire risks due to the proximity of the site to open bushland;

· high bushfire evacuation risks related to aged and vulnerable residents within seniors housing;

· limited access to public transport and services;

· impacts on the locality’s heritage significance, items and conservation area;

· interface impacts on adjacent low density dwellings, Stanhope Road and bushland;

· lack of strategic merit and inconsistencies with the KLEP 2015 and Ku-ring-gai Community Strategic Plan; and

· lack of strategic merit and inconsistencies with the North District Plan and Greater Sydney Regional Plan.

On 22 May 2018 Council resolved not to support the proposal and not to forward it to the Department of Planning and Environment for a Gateway Determination.

Subsequently, the applicant applied for a Rezoning Review with the Sydney North Planning Panel to contest Council’s decision.

On 7 November 2018 the Sydney North Planning Panel met with Council staff and with the applicant. The Panel’s decision was in favour of the applicant. It determined that the Planning Proposal had strategic and site specific merit, and therefore should be submitted to the Department of Planning and Environment for a Gateway determination.

Correspondence from the Panel, including their cover letter and decision, may be viewed at Attachments A1 and A2.

In its letter, the Panel invited Council to be the Relevant Planning Authority (RPA) for this proposal, and to advise the Panel of its decision by 26 December 2018.

Should Council agree to be the RPA, it will need to prepare a Planning Proposal under section 3.33 (formerly section 55) of the Environmental Planning and Assessment Act 1979, and submit it for a Gateway Determination within 42 days after accepting the role as RPA.

If Council does not wish to progress this matter, the Planning Panel will be appointed as the RPA to prepare the Planning Proposal.

Comments

The key factor in determining whether a proposal should proceed to a Gateway Determination should be its strategic merit. To satisfy the Strategic Merit Test, the Planning Panel needs to determine that the proposal is consistent with the relevant district plan.

Having determined that the proposal has met the Strategic Merit Test, the Planning Panel must then determine if the proposal has site-specific merit, having regard to:

· the natural environment (including known significant environmental values, resources or hazards);

· the existing uses, approved uses and likely future uses of land in the vicinity of the land subject to the proposal; and

· the services and infrastructure that are or will be available to meet the demands arising from the proposal and any proposed financial arrangements for infrastructure provision.

Legal advice has been sought on:

1. Whether there were grounds to commence judicial review proceedings to challenge the validity of the Planning Panel’s decision on the basis that:

· the panel’s decision is contrary to the Planning Panel Operational Procedures 2016; and

· the strategic merit test has not been satisfied.

2. The merits or otherwise of Council taking on the role of Responsible Planning Authority (RPA).

A copy of this advice is included as Confidential Attachment A3.

In regard to the first matter, the advice concludes that Council would be unlikely to succeed in any judicial review proceedings to challenge the validity of the Panel’s decision based on the identified breach of the Operational Procedures. Also it would likely be impermissible to attempt to achieve a merits review in the context of judicial review proceedings.

The advice also points out that if the Council agrees to be the RPA then the Council would maintain some control over the preparation of the Planning Proposal for the Gateway Determination and that Council could vary the Planning Proposal as a consequence of its consideration of any submissions or report during the community consultation or for any other reason as referred to in s3.35 of the EP&A Act.

If the Council does not accept the role of RPA for the Planning Proposal then the panel will be appointed as the RPA and the functions referred to above would be carried out by the panel as supported by the Department.

In the event that the processing of the Planning Proposal by the panel/Department/GSC is carried out incorrectly according to administrative law principles then the Council could take judicial review proceedings in the Class 4 jurisdiction of the Land and Environment Court to have the relevant decisions and any final Planning Proposal set aside. Any legal scrutiny in these type of proceedings would be less favourable to the Council the more that the Council is involved in the plan making process as the RPA given that there is a discretionary element in these type of proceedings.

It could be considered also in Council’s interest to not take on the RPA role, as it would place a significant burden on staff time and resources, particularly when staff resources are focused on the key strategic planning and policy work for the implementation of the North District Plan.

Having regard to this advice, it considered that Council’s interests would be best served by not taking on the role of RPA for this planning proposal.

integrated planning and reporting

THEME 3: Places, spaces and infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P1.1 Ku-ring-gai’s unique visual character and identity is maintained	P1.1.1: Strategies, plans and processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character	P1.1.1.1: Continue to review the effectiveness of existing strategies, plans and processes across all programs.
P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.	P2.1.1: Land use strategies, plans and processes are in place to effectively manage the impact of new development.	P2.1.1.2: Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P1.1 Ku-ring-gai’s unique visual character and identity is maintained

P1.1.1: Strategies, plans and

processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character

P1.1.1.1: Continue to review the effectiveness of existing strategies, plans and processes across all programs.

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

P2.1.1: Land use strategies, plans and processes are in place to effectively manage the impact of new development.

P2.1.1.2: Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs.

Governance Matters

The Environmental Planning and Assessment Regulation 2000(EP&A Regulation) requires councils to notify a proponent when the council decides not to prepare a Planning Proposal. The proponent then has 42 days from notification to request a review of the council's decision.

The Rezoning Review mechanism allows proponents to make a request that an independent body review a request for a planning proposal prior to a Gateway determination being issued. A guide to preparing local environmental plans details the procedures for Rezoning Reviews. A proponent can request a Rezoning Review when a council fails to support the preparation of a planning proposal and/ or submit the proposal for a Gateway Determination within a reasonable timeframe, or when a council resolves not to support a Planning Proposal.

The Minister and Chief Commissioner of the Greater Sydney Commission have signed delegations so that a District Planning Panel has the power to direct itself to be the relevant planning authority if it has carried out a rezoning review of the planning proposal request and the council does not wish to take on that role.

Risk Management

Council risks damage to its reputation if it does not undertake strategic land use planning in an effective and timely manner.

Council’s grounds for rejecting the Planning Proposal identified a number of potential risks including high bushfire risks due to the proximity of the site to open bushland and high bushfire evacuation risks related to aged and vulnerable residents within Seniors Housing. These remain unresolved.

Financial Considerations

Council’s Fees and Charges have been applied to cover the costs of processing the Planning Proposal. Should Council take on the role of RPA and the proposal proceeds to exhibition, advertising fees will be sought from the applicant as per Council’s Fees and Charges. Costs to develop the recommended site specific DCP controls upon Gateway Determination will be sought from the applicant in accordance with Council’s Fees and Charges.

Should Council not take on the role of RPA , then all costs associated with the exhibition and assessment of the planning proposal will be covered by the NSW Department of Planning and Environment.

Social Considerations

The Planning Proposal seeks to increase the provision of Seniors Housing on the site which currently operates as the Lourdes Retirement Village. Whilst the provision of additional seniors housing is supported in principle, it is not supported on this particular site due to the high bushfire hazard and evacuation risks to the vulnerable on site population, and due to the isolation factors caused by distance from local services and a limited single bus service operating at low frequency.

Environmental Considerations

All potential environmental impacts were considered in the assessment of the Planning Proposal. Any specific development that occurs on the site as a result of the proposal will be considered in detail at the development application stage.

Community Consultation

Those members of the community that have previously made representations to Council on the Planning Proposal were advised of the Sydney North Planning Panel’s decision regarding the rezoning review

Internal Consultation

Council’s Corporate Lawyer was consulted in the preparation of this report.

Summary

On 7 November 2018 Council staff attended a Rezoning Review meeting with the Sydney North Planning Panel regarding Council’s decision to refuse the Planning Proposal to modify zoning, height and FSR at 95-97 Stanhope Road Killara - Lourdes Retirement Village.

The Panel did not support Council’s decision and determined that the Planning Proposal should be submitted to the Department of Planning and Environment for a Gateway determination.

The Panel invited Council to be the Relevant Planning Authority (RPA); alternately, the Planning Panel can be appointed as the RPA to prepare and administer the Planning Proposal process. The Panel requires Council’s decision by 26 December 2018.

Legal advice has been obtained which indicates that Council would be unlikely to succeed in any proceedings against the Planning Panel’s determination. The advice also covers the merits or otherwise of Council taking on the role of Responsible Planning Authority (RPA). Having regard to this advice, it considered that Council’s interests would be best served by not taking on the role of RPA for this planning proposal.

Recommendation:

That Council advises the Sydney North Planning Panel that it does not wish to take on the role of Relevant Planning Authority (RPA) for the Planning Proposal to amend the zoning, height and FSR on land at 95-97 Stanhope Road, Killara.

Rathna Rana

Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Letter from Sydney North Planning Panel regarding RPA functions	2018/344974
	A2	Sydney North Planning Panel Rezoning Review decision	2018/344972
	A3	Legal Advice on Rezoning Review decision	Confidential

Ordinary Meeting of Council - 4 December 2018	GB.8 / 50

Item GB.8	S07254

RENEWAL OF HEAD LEASE TO COUNCIL FROM THE CROWN - 451 MONA VALE ROAD ST IVES

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s approval to renew the head lease granted to Council by the Crown (Minister for Lands and Forestry) over Crown land at 451 Mona Vale Road St Ives.

background:	The land at 451 Mona Vale Road, St Ives is owned by the Crown and occupied by Council pursuant to a head lease which expires on 10 July 2019. The land has, in turn, been sub-leased by Council to Honda Australia Pty Ltd (Honda) who operates a road safety and training facility known as Honda Australia Roadcraft Training (HART). The NSW Police Service who conducts the C.A.R.E.S Road Safety program is also accommodated on the site under a licence from Council.

comments:	The sub-lease and licence to Honda and the NSW Police Service respectively have expired and tenure is currently on a month to month tenancy basis. Honda and the NSW Police Service have approached Council to renew their respective tenures with Council which is dependent on Council concluding a new head lease with the Minister for Lands and Forests. Following preliminary discussions with Council staff, officers from the Department of Industries, Lands and Forestry have indicated that any application by Council to renew the head lease would be favourably considered.

recommendation:	That Council approves of the General Manager or his delegate conducting further negotiations with the Department of Industries, Lands and Forestry to renew the head lease on terms acceptable to Council and as set out in this report.

Purpose of Report

To seek Council’s approval to renew the head lease granted to Council by the Crown (Minister for Lands and Forestry) over Crown land at 451 Mona Vale Road St Ives.

Background

The land at 451 Mona Vale Road, St Ives, comprising Lots 2844 and 2845 DP 822242, is owned by the Crown and occupied by Council under a 25 year head lease granted by the then Minister for Lands (Lessor) which is due to expire on 10 July 2019. The sketch plan depicting the current head lease area along with another small parcel of land which is proposed for inclusion in the boundary of the new head lease is shown at Attachment A1.

With the Lessor’s consent, Council has granted Honda Australia Pty Ltd (Honda) a series of sub-leases since 1998 to operate HART, a dedicated driver training facility, at the site. HART’s operations include contracts to Government, corporations and not-for-profit agencies for motorcycle rider training, learner and provisional car training and a new initiative the Safer Driver Program. The facility is used for both commercial and community based driver training programs. The current mainstay of its business operation is the RYDA program, a defensive driver training course which has been attended by over 50,000 high school students over the past 10 years. Income generated from HART’s activities, supported by funding from major corporations and foundations, is used to offset the cost of providing community based programs.

The sub-leases between Council and Honda have incorporated the Honda Road Safety Education Centre St Ives Operating Charter (Charter). The Charter includes terms and conditions that obligate the sub-lessee to provide for community based use and access. In the past access to the premises which has been provided to a number of broad range of groups including:

· Northern Beaches Cycling Academy;

· Father Chris Riley – Driver Training programs for disadvantaged youth;

· Scout groups for their Cub Billycart Derby days;

· Junior Go-Duathlon Series;

· UNSW Solar Racing Team;

· Formula SAE Australasia;

· North Shore and Northern Beaches Cycling Academy; and

· Accommodating the Australian and Olympic Luge team for trials.

Honda’s current sub-lease with Council expired on 17 August 2018. Current occupation is on a month to month tenancy pending the renewal of Council’s head lease.

In addition, the NSW Police Service conducts the C.A.R.E.S Road Safety program on the site under a licence from Council. The licence also expired on 17 August 2018.

Following preliminary discussions with Council staff, officers from the Department of Industries, Lands and Forestry have indicated that any application by Council to renew the head lease would be favourably considered. Departmental officers also indicated support for the continuation of the HART and CARES programs on the site and the inclusion of a small parcel of land (Lot 2843) which is landlocked within the boundaries of the existing head lease.

Rental and licence fees paid by Honda and the NSW Police Service have served to offset the head lease rental paid by Council to the Department of Industries, Lands and Forestry. These details along with Council’s proposed terms for the new head lease with the Department of Industries, Lands and Forestry are contained in Confidential Attachment A2.

Comments

Honda and the NSW Police Service have approached Council to renew their respective tenures with Council which Council cannot advance without concluding a new head lease with the Minister for Lands and Forests. As the head lease to Council expires on 10 July 2019, Council has no authority to grant sub-tenancy arrangements beyond the head lease term.

Both Honda and the NSW Police Service have proven to be satisfactory sub-tenants and Council staff envisage that the continuation of their successful programs will be viewed positively by the community. Upon the negotiation of a new head lease with the Department of Industries, Lands and Forestry, it is intended that new sub-lease and licence arrangements with Honda and the NSW Police Service respectively will be entered into subject to Council’s approval. Renewal of these sub-tenancies will be the subject of a separate report to Council once the new head lease is executed.

integrated planning and reporting

Theme – Leadership and Governance – L2 Financial capacity and sustainability

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Council rigorously manages its financial resources and assets to maximise delivery of services	Council maintains and improves its long term financial position and performance	Ensure the commercial property portfolio provides market returns

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 and performance

Ensure the commercial property portfolio provides market returns

Governance Matters

Council is permitted to deal with property, including the acquisition of a lease, in accordance with the Local Government Act 1993.

A lease confers a legal estate in the land to a lessee and the lease can only be acquired by a resolution of Council.

Although Council will be a lessee in this instance it still has an obligation to ensure the rent that it pays to the Crown is fair and reasonable for the commercial rights that it will confer. An independent valuation commissioned by the Department of Industries, Lands and Forestry is proposed to establish the rent but Council will also commission its own valuation advice to facilitate commercial negotiations and ensure that the rent reflects the market for comparable operations elsewhere.

Risk Management

Council’s solicitor will review the new head lease agreement in order to protect Council’s interests. In preliminary discussions between Council and departmental officers, agreement was reached that the head lease would contain a “break lease” clause without penalty as well as provision for an independent third party valuation process if Council wished to appeal the determination of rent during any rent review period.

Council staff and Council’s solicitors will closely scrutinise the lease to mitigate the level of risk to Council.

Financial Considerations

Council will be obligated to pay a market rent to the Department of Industries, Lands and Forestry for the head lease. Council staff have been assured of the opportunity of input to the valuation of rent to recognise there are community aspects associated with the proposed operations on site as well as maintenance obligations which relieve the Lessor of a number of costs in relation to the management of the land.

Rental and licence fees received from Honda and the NSW Police Service will offset the rent that Council will be required to pay the Department.

Social Considerations

The lease will successfully combine commercial and community use of the site and provide a valuable community service through the provision of road safety and driver training.

Environmental Considerations

The land contains biodiversity and will need to be managed in a sensitive manner by Council in its capacity as a lessee.

Community Consultation

There is no community consultation requirements associated with Council being granted a head lease over Crown land.

Internal Consultation

Staff within the Strategy and Environment Department have provided input into this report.

Summary

Honda’s current sub-lease with Council expired on 17 August 2018.

In addition, the NSW Police Service conducts the C.A.R.E.S Road Safety program on the site under a licence from Council. The licence also expired on 17 August 2018.

Honda and the NSW Police Service have approached Council to renew their respective tenures which Council cannot advance without first concluding a new head lease with the Minister for Lands and Forests. Council has no authority to grant sub-tenancy arrangements beyond the expiry of current head lease.

Following preliminary discussions with Council staff, officers from the Department of Industries, Lands and Forestry have indicated that any application by Council to renew the head lease will be favourably considered. Departmental officers also indicated support for the continuation of the HART and CARES programs on the site.

Subject to the granting of a new head lease to Council, arrangements can be made to re-negotiate the sub-lease and licence to Honda and the NSW Police Service respectively and grant new tenures beyond 10 July 2019. The renewal of these arrangements will be the subject of a separate report once a new head lease is in place. Rental and licence fees paid by Honda and the NSW Police Service will serve to offset the head lease rental to be paid by Council.

Council’s approval is sought to delegate to the General Manager or his delegate the authority to negotiate the final terms of the head lease with the Department of Industries, Lands and Forestry who act on behalf of the Minister for Lands and Forestry as Lessor in accordance with the proposed Heads of Agreement noted in Confidential Attachment A2.

Recommendation:

A. That Council approves of a new head lease being entered into with the Minister for Lands and Forestry over Crown land at 451 Mona Vale Road St Ives comprising Lots 2843, 2844 and 2845 DP 822242 on the terms set out in this report.

B. That Council delegates to the General Manager and his delegate the authority to negotiate and conclude the final terms of the head lease consistent with the proposed Heads of Agreement in Confidential Attachment A2.

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

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

Vince Rago

Property Program Co-ordinator

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Attachments:	A1	A1 Head Lease Area		2018/353054
	A2	A2 Confidential Proposed Heads of Agreement		Confidential

Ordinary Meeting of Council - 4 December 2018	GB.9 / 55

Item GB.9	S10162

Ku-ring-gai Community Facilities Strategy - Part 1 - public submissions

EXECUTIVE SUMMARY

purpose of report:	To report to Council the results of the public exhibition of the draft Ku-ring-gai Community Facilities Strategy prior to finalising the document as policy.

background:	The draft Ku-ring-gai Community Facilities Strategy – Part 1 was reported to Council at the OMC 28 August 2018. Council resolved to adopt the draft Strategy for public exhibition. The Strategy was placed on public exhibition for a period of one month between 5 October and 2 November 2018.

comments:	Seven public submissions have been received. There are no submissions objecting to the Strategy.

recommendation:	That Council adopts the Strategy as policy to guide the planning and provision of libraries and community centres across the LGA to 2036. That Council undertakes a more detailed needs analysis for the district centre proposed for St Ives, similar in scope to those undertaken to date by Council for Lindfield and Turramurra.

Purpose of Report

To report to Council the results of the public exhibition of the draft Ku-ring-gai Community Facilities Strategy prior to finalising the document as policy.

Background

The draft Ku-ring-gai Community Facilities Strategy – Part 1 (The Strategy) was reported to Council at the OMC 28 August 2018; the report addresses the provision of libraries and community centres across the LGA to 2036. The Strategy proposes the development of a network of community facilities in Ku-ring-gai that work together to collectively meet the needs of the Ku‑ring-gai population.

At the meeting it was resolved that:

“Council adopts the draft Community Facilities Strategy Part 1 – Community Centres and Libraries for public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.”

Comments

Seven public submissions were received; all submissions were supportive of the Strategy. There were no submissions objecting to the Strategy.

The key issues raised by each submission are summarised in Table 1 below with a response provided.

Submission no.	Comments	Response
1	Support for the proposed renovations of the Marian Street Theatre.	Support noted.
1	Concern that the Gordon Civic Hub proposal may divert funds away from Marian Street and detract from its role as the future arts hub for the whole of Ku-ring-gai.	Council has resolved that all major projects such as the Gordon Civic Hub will be self-funding; this will ensure the allocated funds for Marian Street are protected.
2	Submission supports Council undertaking an overall planning strategy for Ku-ring-gai.	Support noted.
2	Submission supports the proposal to provide more community facilities in the future in the northern areas of the LGA to address current unequal distribution.	Support noted.
2	Supports Council’s proposal to renovate and re-open the Marian Street Theatre.	Support noted.
2	Submission notes potential for Marian Street Theatre to become a meeting point for those interested in a wide variety of events, not just theatre, to make the operation of the theatre as economically viable as possible.	Council will undertake a feasibility study for Marian Street to determine the most viable mix of functions, in addition to a theatre within the project budget.
3	Looking forward to the community hub proposal for Turramurra being finished.	Support noted.
3	Submission requests consideration be given to an outdoor stage area (or provision to erect a stage outdoors when needed) as part of the Turramurra Community Hub.	Council’s adopted masterplan for the Turramurra Community Hub provides an open public civic space that could be used for performances, celebrations and ceremonies (subject to detailed design).
3	Submission requests that consideration be given to the type of restaurants and food outlets in the Turramurra Community Hub.	Noted. These matters will all be considered during the detail design phase of the facility.
3	Submission requests that Council ensures the Turramurra Community Hub is wheelchair friendly and accessible for all.	Noted. All public spaces and buildings are required by law to be fully accessible.
4	Submission supports reopening of Marian Street Theatre as a performing arts hub of Ku‑ring-gai	Support noted.
4	Submission requests Council continue to work closely with the Save Marian Street Theatre Committee.	Council has committed to the renewal of Marian Street Theatre, Killara. To support the project Council has resolved to establish a Community Reference Committee. Membership of the committee will consist of two Councillors and four community representatives.
5	Submission requests a library at Roseville.	The Strategy does not recommend a library in Roseville. The Strategy proposes a main central library in Gordon and three branch libraries in St Ives, Turramurra and Lindfield. Roseville is considered to be too close to Lindfield and Chatswood to warrant a separate library.
6	Submission complements Council on completing a survey of local community facilities.	Support noted.
6	Submission supports the reopening of Marian Street Theatre.	Support noted.
6	Submission requests that Marian Street be designed as a dedicated theatre space not a 'multi-purpose function space’.	Council has resolved that the renewal of the Marian Street facility be primarily for a theatre.
7	Submission supports the principles set out in the Strategy and requests that Council adopt the report.	Support noted.
7	Submission requests Council commence the reviews, consultation and implements the process outlined in ‘The Draft Delivery Program 2018-2021’ and ‘Draft Operational Plan 2018-2019’.	Council’s Delivery Program 2018-2021 and Operational Plan 2018-2019 identifies a 3-year term achievement as follows: “P4.1.1: Plans to revitalise local centres are being progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community”.
7	Submission fully supports the Guiding Principles laid out in Section 8.1.3 of the Strategy	Support noted.
7	Submission requests Council commence the detailed needs analysis and planning process for a district centre in St Ives.	Council’s Delivery Program 2018-2021 and Operational Plan 2018-2019 does not identify a specific 1-year task for St Ives. The draft Strategy recommends Council undertake a more detailed needs analysis for the district centre proposed for St Ives. This study would be similar in scope to those undertaken to date by Council for Lindfield and Turramurra and would comprise: · Consultation with the community; · Consultation with key stakeholders; · Concept planning studies and location options; · Identification of preferred range of services, activities and programs.

integrated planning and reporting

THEME 3 - A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4.1.1: Plans to revitalise local centres are being progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community.

P4.1.1.4: Prepare and adopt a Ku-ring-gai Community Facilities Strategy to guide the delivery of libraries, community centres and cultural facilities across the LGA.

Governance Matters

The Ku-ring-gai Community Facilities Strategy responds to the following planning priorities and indicators within the North District Plan.

Direction 2– ‘A collaborative city’ (working together to grow a Greater Sydney);

· Potential Indicator – increased use of public resources such as open space and community facilities;

· Planning Priority N2 – working through collaboration.

Direction 3 – ‘A city for people’ (celebrating diversity and putting people at the heart of planning);

· Potential Indicator – increased walkable access to local centres;

· Planning Priority N3 – providing services and social infrastructure to meet people’s changing needs;

· Planning Priority N4 – fostering healthy, creative, culturally rich and socially connected communities.

Direction 5 – ‘A city of great places’ (designing places for people);

· Potential Indicator – increased access to open space;

· Planning Priority N6 – creating and renewing great places and local centres and respecting the district’s heritage (encourage adaptive re-use).

Risk Management

The most significant risk to Council is an uncoordinated response to the delivery and management of community facilities.

Council is proposing to build a number of new ‘community hubs’ in the centres of Lindfield, St Ives, Turramurra and Gordon. The hubs will provide library and community centre functions integrated into one community building. As part of the due diligence for these hubs it is necessary to plan strategically to ensure that facilities are provided of a size that will meet the long term needs of residents and in locations that will ensure equitable accessible to residents in all parts of the LGA.

Financial Considerations

Council has determined that the major projects which include the Lindfield, Turramurra and Gordon Hubs must be fully self-funding in terms of capital costs, operational and lifecycle costs. The proposal for a sub-regional and district level facilities will therefore have minimal impact on Council’s budget.

GMD has determined that a financially sustainable level of community facility provision in terms of Gross Floor Area (GFA) is 80% of the recommended 2036 floor space provision. The Strategy has been prepared on this basis.

Social Considerations

Successful community facilities provide important gathering places for people and can be focal points for community activity and catalysts for social interaction. They are recognised as having the potential to contribute to the creation of vital public spaces that help engender a sense of place and distinctive community identity. A recent focus has been designing community facilities that enhance the physical quality and appearance of public places, helping to reinforce a place’s identity and making it a more attractive environment for people to gather and interact with each other.

Environmental Considerations

Community facilities are increasingly being used to showcase sustainable building methods and design. Many of these centres incorporate sustainability education within them to demonstrate, for example, how much energy a building is using. Sustainable design of community facilities include newly constructed facilities or can be incorporated into building upgrades and renovations. Sustainability initiatives can include rainwater harvesting, solar panels, energy efficient lighting and stormwater treatment.

Community Consultation

The Strategy was placed on public exhibition for a period of one month between 5 October and 2 November 2018. Multiple channels of communication were used to ensure reach to all members of the community and to make it easy to provide written feedback. Engagement methods used include:

· Media release (sent to all local media outlets);

· KMC webpage inviting written submissions and link to online portal;

· Online engagement portal (oursay.org) which included a feedback survey to collect written submissions along with background information and the full draft strategy;

· Ku-ring-gai E-news (9K+ subscribers); and

· North Shore Times corporate advertisement – 11 October 2018.

Internal Consultation

Extensive internal consultation has been undertaken to date:

· bookings and facility management staff during audit phase of project;

· report to the General Manager and Directors Meeting (GMD) meeting of 6 April 2018;

· briefing given to GMD by staff and consultants on 6 April 2018;

· half day workshop with staff, General Manager and Directors on 23 May 2018;

· Councillor briefing on 31 July 2018; and

· Copy of Councillor briefing presentation issued to all Councillors as hard copy.

Summary

The Strategy was placed on public exhibition for a period of one month between 5 October and 2 November 2018. Seven public submissions were received. All submissions were supportive of the Strategy. There were no submissions objecting to the Strategy.

Key points raised are as follows:

· A number of submissions support the reopening of Marian Street Theatre as a performing arts hub for Ku-ring-gai;

· a number of submissions support Council undertaking an overall planning strategy for Ku-ring-gai;

· one submission supports the proposal to provide more community facilities in the future in the northern areas of the LGA to address current unequal distribution;

· three submissions requests Council continue to work closely with the Save Marian Street Theatre Committee during the design phase of the renovation work; and

· one submission requests Council commence the detailed needs analysis and planning process for a district centre in St Ives.

A response to all issues raised has been provided as part of this report and no amendments are proposed to the Strategy. The Strategy document recommended for Council adoption is in Attachment A1.

It is further recommended that Council commence a detailed needs analysis and planning process for the new district community centre proposed in St Ives.

Recommendation:

A. That Council adopts the draft Ku-ring-gai Community Facilities Strategy – Part 1 – Libraries and Community Centres (as exhibited) as policy to guide the planning and provision of libraries and community centres across the LGA to 2036;

B. That Council undertakes a more detailed needs analysis for the district centre proposed for St Ives, similar in scope to those undertaken to date by Council for Lindfield and Turramurra.

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Ku-ring-gai Community Facilities Strategy - Part 1 - for Council adoption

2018/353971

Ordinary Meeting of Council - 4 December 2018	GB.10 / 62

Item GB.10	S02294

Soft Plastics Recycling

EXECUTIVE SUMMARY

purpose of report:	To report on the feasibility for increasing the recovery of soft plastics

background:	A Notice of Motion was resolved to report on the feasibility for increasing soft plastics recycling and raising awareness of soft plastic to the residents.

comments:	A review of the options for increasing the recycling of soft plastics revealed that due to logistical and market limitations, it is not feasible to increase recycling for soft plastics in the current market environment.

recommendation:	That Council note this report and support the proposed strategies to reduce the use of soft plastics.

Purpose of Report

To report on the feasibility for increasing the recovery of soft plastics

Background

In October 2017 Councillor Ngai proposed the following Notice of Motion.

Soft plastics such as bread bags, biscuit and pasta packaging, frozen food bags, lolly and chip packaging, and cereal liners currently cannot be recycled through the Council’s yellow bins. Soft plastics are known to jam up machines at recycling facilities and the costs for these facilities to manually sort out soft plastics are high, hence the reason for their exclusion.

While Council does not currently offer soft plastics recycling, it instead refers our residents to drop them off at the soft plastics recycling collection points offered by some of our major supermarkets. However there has been low resident participation in the supermarket schemes due to a low number of collection points, low capacity of each collection bin, and low awareness within the local government area.

As a result, the majority of Ku-ring-gai’s soft plastics are going towards general waste. It must also be noted that in 2013/14, the percentage of household waste diverted from landfill was 60% but this has fallen to 55% by 2016/17.

I move that:

A. The Council undertake a feasibility study of increasing the number of soft plastics collection points within our local government area. Collection points could include local schools and council facilities such as libraries, parks, the Council Chambers, and the arts centre. As residents will also be recycling containers at vending machines associated with the State Government’s ‘Return and Earn’ Container Deposit Scheme, the Council should also consider placing soft plastics collection points next to these vending machines.

B. The feasibility study considers the steps involved in raising awareness of soft plastics recycling to all of our residents.

C. The feasibility and costing options be reported back to the councillors in time for consideration in the upcoming 2018/19 budget process.

Recommendation:

That the above Notice of Motion as printed be adopted.

Comments

The recycling of soft plastics in NSW has been limited to the collection of commercial quantities of “pallet wrap” used to contain supplies transported on pallets and to a limited amount of domestic soft plastics from collection points supplied by REDcycle in the major supermarket chains with Coles and Woolworths.

Soft plastics are not included in domestic recycling bins. The market, for this material, is very limited and soft plastics have caused issues with the sorting process at the Materials Recovery Facility.

There are four (4) stores that currently provide residents with a drop off point for this material in the Ku-ring-gai LGA. These locations are in Gordon, Lindfield, St Ives and Turramurra. These locations are also included on Council`s webpage under “Additional Recycling Programs” and in the hard copy waste education materials provided to residents.

REDcycle is a voluntary industry led initiative developed by a Melbourne based organisation to assist with the recovery of soft plastics funded by a number of food manufacturing brands to support the organisation. The plastics once collected are delivered to Replas who are plastics manufactures. Replas is located in Melbourne and are producing items such as bollards, signage and outdoor furniture.

Replas has advised Council that:

1. The level of demand for their products they manufacture that they can sell.

2. The amount of onsite stock piling that is permissible.

As a result of fires at recycling facilities in Victoria, the State Government introduced regulations to limit the amount of recycling material that can be stockpiled on any one site.

Replas has advised this has impacted on their ability to accept material. The amounts currently on hand at Replas has put Replas at operating capacity. Replas has advised Council it has no intention of expanding its current collection services.

The following extract is from the REDcycle webpage addressing the questions of expanding the collection service.

Why isn’t the program available in my area?

Although we receive requests daily from REDcycle enthusiasts, we are measured in our approach to expansion to ensure the program can continue to thrive. While we might appear to be slow to respond to your request for a collection point in your area, you can be confident that we are working on it behind the scenes.

Can my business join the program as a collection point?

At present, the RED Group is not set up to offer collection services to businesses or other organisations due to logistical reasons. We encourage everyone to utilise our existing network. When the REDcycle Program was developed, we wanted to make it as easy as possible for all consumers to participate. We’re currently partnering with selected Coles and Woolworths supermarkets. With the majority of Australians concentrated in capital cities where they have easy access to a local supermarket – a place most people already visit at least once a week – it made sense to focus our energies on this collection method.

Can we have a REDcycle drop-off bin at our school?

At present, the RED Group is not set up to offer collection services to schools, day care centres or other businesses due to logistical reasons. We encourage everyone to utilise our existing network.

The latest domestic waste audit conducted in 2014, identified soft plastics occupied by weight 6.75% of the total waste stream. The total weight from shopping bags is 2.38%. These bags have since been withdrawn from supply by Woolworths and Coles stores. As such, it is expected this number will be reduced.

Research into finding an alternative collection supplier has not revealed any other organisation willing to provide logistical services to collect soft plastics from identified drop off points, bulking up and transporting the product to a plastics manufacture.

In addition to having information on Council`s webpage for recycling soft plastics, community information will be promoted via Council’s facebook page, enews and sustainability enews letters advising of the location of the soft plastics recycling bins at Coles and Woolworths supermarkets.

Costs associated with providing this information is approximately $1000 and is funded from the Domestic Waste budget.

A further initiative of the Better Business Partnership (BBP) program, a joint Council service funded by Ku-ring-gai, North Sydney and Willoughby City Councils, is the Bye Bye Plastic Hello BYO campaign was recently launched to encourage North Shore businesses to reduce their use of one or more types of single use plastic, which includes plastic shopping bags, soft plastic packaging, disposable coffee cups, plastic bottles, plastic straws, plastic cutlery and take away food containers. The project cost is $15,000

Businesses and shoppers are encouraged to a ‘Make a Pledge’ to reduce their use of one or more types of single use plastic and are provided with free resources and toolkits to help achieve their single use plastic reduction goals. Shoppers and businesses doing something to reduce single use plastic are also encouraged to take a snap of the action and post it on social media using the hash tag #byebyeplastic and #hellobyo. Businesses who make the pledge are also invited to join the Better Business Partnership Program to receive tailored advice on reducing single plastic use in their business.

Council also launched a Plastic Free July campaign which was available on the Living Plastic Free and Plastic Free Tips webpages. This provided a platform for the community to understand what they can do in their homes and in the wide community to reduce single use plastic.

Funding for the suit of projects undertaken by the Better Business Partnership Program is funded by the Environmental Levy.

integrated planning and reporting

Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

N5.1.1

Community engaged in improved waste reduction, reuse & recycling

N5.1.1.1

Deliver effective & efficient waste management services

Governance Matters

Domestic waste services, including recycling, are a regular function of Local Government. Services for recovering waste and are provided where infrastructure and markets are available.

The Better Business Partnership Program is a separate joint initiative between Willoughby, North Sydney and Ku-ring-gai Council. It is focused on improving the sustainability of businesses on the North Shore.

Risk Management

No additional collection services are recommended due the lack of current available markets. There is no additional risk to Council.

Financial Considerations

There is a minor financial impact amounting to $1,000 for providing the additional Facebook promotion. The BYE BYE Plastic HELLO BYO program is estimated to cost $15,000, which is funded through the Environmental Levy.

Social Considerations

Council has not received any significant community demand for this service.

Environmental Considerations

Environmental risk is relativity low provided soft plastics remain in a contained collection system via the domestic waste service.

Any future development of markets and recovery of this material will contribute to a positive impact on the environment. The Better Business Partnership pProgram is a waste avoidance activity which is designed to assist in making business more sustainable.

Community Consultation

No community consultation has been undertaken.

Internal Consultation

No internal consultation was required.

Summary

REDcycle operates a collection service nationally from Coles and Woolworths supermarkets with four (4) locations available to residents in the Ku-ring-gai local government area. Locations and supportive advice for recycling soft plastics are included via Council`s hard copy of waste educational material and on Council’s webpage.

REDcycle has confirmed they have no plans on increasing its footprint for additional services sighting logistical reasons. While Replas recycles the collected soft plastics into outdoor furniture, signage and bollards, it is currently operating at capacity and is not seeking to increase its uptake of this product.

Under the current market conditions, it is not feasible to provide additional recycling of soft plastics in Ku-ring-gai.

There is an expectation that the additional promotion via Council`s webpage, enews, facebook page and the Better Business Partnership, BYE BYE PLASTIC HELLO BYO and Plastic Free Program, would reduce the disposal of soft plastics within Ku-ring-gai Local Government Area.

Recommendation:

That Council note this report and support the proposed strategies to reduce the use of soft plastics.

Colin Wright

Manager Waste

George Bounassif

Director Operations

Ordinary Meeting of Council - 4 December 2018	GB.11 / 67

Item GB.11	FY00621

Monthly Project Status Report - November 2018

EXECUTIVE SUMMARY

purpose of report:	To provide Council with the Project Status Report for November 2018.

background:	On 22 May 2018, a Notice of Motion was considered by Council regarding the development of a monthly Project Status Report.

comments:	The Notice of Motion noted that while projects are reported to Council and the community through a number of other reports, the frequency of monthly reporting is a more reliable and recurring method to update Council and the community

recommendation:	That Council receive and note the Project Status Report for November 2018.

Purpose of Report

To provide Council with the Project Status Report for November 2018.

Background

On 22 May 2018, a Notice of Motion (NOM) was considered by Council regarding the development of a monthly Project Status Report. As a result, Council resolved the following;

A. That a Capital and Operational Projects Report is to be tabled at an ordinary meeting of council each month. The reporting will commence in FY19 with a report for the period of July 2018.

B. That the report should include any progress made in the month as well as a progress summary for the financial year to date. Where there has been no progress in the month, it is acceptable to acknowledge that nothing has progressed. And where a project has yet to commence, it is acceptable to note the expected start date.

C. That council staff may use their discretion in deciding whether any additional columns of information should be presented.

D. That the reported projects should include, but are not limited to, those that are mentioned in Council’s Delivery Program and Operational Plan. For brevity, council staff may choose to aggregate some projects or set a reasonable threshold for reporting purposes.

E. That the current and historical monthly reports should be easily found on the Ku-ring-gai Council website (i.e. not just through searching council agenda items). One possibility is to create a page for the monthly Capital and Operational Projects Reports under “Current works and upgrades”.

F. That after the first six months of the report, the Councillors and Directors should discuss whether the frequency of the report should be adjusted.

In accordance with Part A of the resolution above the attached report is for the period November 2018. (Attachment A1)

Comments

Reporting on projects is currently undertaken through:

· Quarterly Financial Reports;

· Bi-annual reports on the progress of the Delivery Program & Operational Plan; and

· Annual Report.

The NOM noted that while projects are reported to Council and the community through these statutory reports, the frequency of monthly reporting is a more reliable and recurring method to update Council and the community.

The NOM guided the report structure and content for the monthly Project Status Report which Council staff has prepared based on the following criteria:

· Capital projects delivering community/public infrastructure;

· Threshold applied to total budget per project – greater than or equal to $250k;

· No operational projects are included; and

· Any specific project that Councillors wish to be included in the report.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council's Governance framework is developed to ensure probity and transparency.

Business papers and associated minutes are published in an accurate and timely manner for public scrutiny and to encourage community participation.

Governance Matters

The Project Status Report will be submitted to Council the first meeting following the end of each month. This will ensure progress during the relevant month is captured within the Project Status Report.

Risk Management

The Project Status Report is not generated through Council’s corporate information and financial systems. As such, it is reliant of key staff to provide input and to critique.

The Project Status Report will be reviewed by the relevant Director and the General Manager prior to reporting to Council.

Financial Considerations

There are no financial implications associated with this report. The financial status, including allocated budgets of projects, is reported to Council through a range of statutory reporting:

· Delivery Program & Operational Plan , including adopted annual capital budget;

· Quarterly Budget Reports (projects proposed for budget adjustments);

· Bi-annual reports on the progress of the Delivery Program & Operational Plan; and

· Annual Report & Annual Financial Statements.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

General Manager and Directors, along with staff from Corporate, Operations and Strategy & Environment have contributed to the structure and content of the Project Status Report.

Summary

On 22 May 2018, a Notice of Motion (NOM) was considered by Council regarding the development of a monthly Project Status Report. Projects are reported to Council and the community through a number of other reports quarterly, bi-annually and yearly. However, the frequency of monthly reporting is to provide a more current and recurring method to update Council and the community.

The monthly Project Status Report has been prepared based on the following criteria:

· Capital projects delivering community/public infrastructure;

· Threshold applied to total budget per project – greater than or equal to $250k;

· No operational projects are included; and

· Any specific project that Councillors wish to be included in the report.

In accordance with Council’s resolution the attached report is for the period November 2018.

Recommendation:

A. That Council receive and note the Project Status Report for November 2018.

B. That the Project Status Report be placed on Council’s website.

George Bounassif

Director Operations

Andrew Watson

Director Strategy & Environment

John McKee

General Manager

Attachments:

Monthly Project Status Update - November 2018

2018/356879

Ordinary Meeting of Council - 4 December 2018	GB.12 / 71

Item GB.12	CY00022/10

Ku-ring-gai Traffic Committee
Meeting dates for 2019

EXECUTIVE SUMMARY

purpose of report:	To determine Ku-ring-gai Traffic Committee meeting dates for 2019.

background:	Meeting dates are scheduled to suit Council’s meeting cycle and time constraints for the preparation of Committee meeting minutes for Council’s agendas.

comments:	Determining meeting dates in advance assists both internal and external stakeholders. The proposed meeting dates are: 21 February 21 March 18 April 23 May 20 June 18 July 22 August 19 September 17 October 21 November

recommendation:	That Ku-ring-gai Traffic Committee meetings for 2019 be scheduled monthly between February and November as per dates requested and that meetings be held only as required.

Purpose of Report

To determine Ku-ring-gai Traffic Committee meeting dates for 2019.

Background

Ku-ring-gai Traffic Committee (KTC) meeting dates are proposed to suit Council’s meeting cycle and time constraints for the preparation of the meeting minutes for Council’s agenda.

While meeting dates can change during the year, it is proposed the KTC minutes be referred to a Council during the subsequent month.

Comments

Scheduling meeting dates in advance assists both internal and external stakeholders. As the majority of matters are now considered by delegation, with Ward Councillor input, fewer matters need to be referred to KTC meetings.

As occurred in 2018, some KTC meetings during 2019 may therefore be altered.

Advance notice will be provided to all parties if a meeting is to be postponed or cancelled.

integrated planning and reporting

Local Road Network

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T2.1: The local road network is managed to achieve a safe and effective local road network.

T2.1.1: Safety and efficiency of the local road and parking network are improved and traffic congestion is reduced.

T2.1.1.2: Implement the 10 year Traffic and Transport Program.

Governance Matters

Not applicable

Risk Management

Not applicable

Financial Considerations

Not applicable

Social Considerations

Not applicable

Environmental Considerations

Not applicable

Community Consultation

The report constitutes the consultative process with external stakeholders and within Council.

Internal Consultation

This report process allows input from internal stakeholders and Council’s decision will inform them of approved meeting dates.

Summary

The report recommends the scheduling of Ku-ring-gai Traffic Committee meetings for 2019 as follows:

21 February

21 March

18 April

23 May

20 June

18 July

22 August

19 September

17 October

21 November

Recommendation:

A. That Ku-ring-gai Traffic Committee meetings in 2019 be scheduled for the dates as:

21 February 21 March 18 April 23 May

20 June 18 July 22 August 19 September

17 October 21 November

B. That Ku-ring-gai Traffic Committee meetings by held only as required.

Deva Thevaraja

Manager Traffic & Transport

George Bounassif

Director Operations

Ordinary Meeting of Council - 4 December 2018	NM.1 / 74

Item NM.1	CY00445/6

Notice of Motion

Companion Animals - Cats

Notice of Motion from Councillors Greenfield and Smith dated 20 November 2018

Cats are beautiful companion animals and bring a lot of joy to their owners and families.

Sadly they are also very effective and efficient hunters and killers. It is estimated that over 60million birds are killed every year in Australia by cats both feral and domestic.

Such reforms would see increased responsibility of and compliance from pet owners and also ensure councils Wildlife Protection areas are adequately protected and are worthy of further consideration.

I move that:

A. A report be prepared to assess the feasibility of Feral Cat Trapping and include consideration of the implications, feasibility, cost and resources of

a. subsidising the de-sexing and micro-chipping of cats

b. Limiting the number of cats per household

c. Prohibiting persons living within close proximity to wildlife protection areas from owning cats

d. Streamlining the animal registration system to make it easier to register pets

e. Implementing an education strategy detailing the benefits of cat microchipping, registration, de-sexing and containment

B. That council investigate feasible options for restricting the impact of cats on native wildlife.

C. Best practice in local government be examined in evaluating how the processes outlined in point A could be implemented in Ku-ring-gai Council area

a. The owner of a cat to take reasonable precautions to prevent the cat from escaping from the property on which it is kept; and

b. Compulsory de-sexing of cats unless a person is a registered breeder

Recommendation:

That the above Notice of Motion as printed be adopted.

Councillor Donna Greenfield

Councillor for Wahroonga Ward

Councillor Martin Smith

Councillor for St Ives Ward

Ordinary Meeting of Council - 4 December 2018	MM.1 / 9

Item MM.1	FY00391/13