Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 11 June 2019 AT 7.00pm

Level 3, Council Chamber

Agenda

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NOTE: For Full Details, See Council’s Website –

www.kmc.nsw.gov.au under the link to business papers

APOLOGIEs

DECLARATIONS OF INTEREST

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

C.1 Grant of Licence to Tree Tops Adventures Pty Ltd for high ropes activity in St Ives Showground

In accordance with section 10(2)(d)(ii)

Attachment A1: Proposed License Area

Attachment A2: Business Plan

Attachment A3: Confidential Draft Heads of Agreement

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.7 RFT 06-2019 Marian St Theatre - Design Consultant Services

In accordance with section 10(2)(d)(ii)

Attachment A1: Tender Evaluation Report

GB.8 Tender RFT3-2019 - Lindfield Village Green Project Management Services

In accordance with section 10(2)(d)(iii)

Attachment A1: List of Tenderers

Attachment A2: Tender Evaluation Report and Recommendation

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 6

File: S02131

Meeting held 28 May 2019

Minutes numbered 92 to 98

minutes from the Mayor

Petitions

GENERAL BUSINESS

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

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

GB.1 Minutes of Audit, Risk & Improvement Committee Meeting held on 6 December 2018 11

File: CY00458/7

To provide Council with a copy of the Minutes of the Audit, Risk & Improvement Committee meeting held on 6 December 2018.

Recommendation:

Council receives and notes the Minutes of the Audit Risk & Improvement Committee meeting held on 6 December 2018.

GB.2 New Code of Meeting Practice 19

File: S02211

To report the outcome of the public exhibition and seek adoption of the Ku-ring-gai Code of Meeting Practice.

Recommendation:

A. Council adopt the Ku-ring-gai Council Code of Meeting Practice (Attachment A1) to replace the current Code adopted in April 2013 and that it take effect from 1 July 2019.

B. Council adopt the meeting cycle outlined in Attachment A3

GB.3 Dog Off-Leash Areas - Turramurra Memorial Park and Karuah Park 80

File: S05920

To advise Council of the response to the extended trial of the dog off leash area at Turramurra Memorial Park and to recommend a permanent dog off-leash area.

Recommendation:

The dog off leash trial concludes at Turramurra Memorial Oval and the area reverts back to an area where dogs can be exercised on-leash.

A project bid is prepared to formalise the dog off-leash area at the eastern end of Karuah Park (Corner of Karuah Road and Turramurra Avenue).

GB.4 Draft Local Strategic Planning Statement 110

File: S12037

For Council to consider the draft Ku-ring-gai Local Strategic Planning Statement for public exhibition.

Recommendation:

That Council endorses the draft Ku-ring-gai Local Strategic Planning Statement for public exhibition.

GB.5 Lindfield Village Green - 2 stage tender for construction 131

File: S12201

To recommend to Council that the eventual tender for construction of the Lindfield Village Green project be run as a two stage process commencing with an EOI.

Recommendation:

That Council approves ‘in principle’ a two stage tender commencing with an EOI to shortlist preferred contractors for the construction of the Lindfield Village Green project.

GB.6 Creative Arts Facilities Options Report 136

File: S12263

To seek Council approval to place the draft Kur-ring-gai Creative Arts Facilities Options Report on public exhibition.

Recommendation:

That Council place the draft Creative Arts Facilities Options Report on public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.

GB.7 RFT 06-2019 Marian St Theatre - Design Consultant Services 199

File: S12062-3

To advise Council of the Tenders received for Tender No.06-2019 - Marian Street Theatre – Design Consultant Services and to seek approval to carry out the actions outlined in the recommendations A to D.

Recommendation:

In accordance with Clause 178 of the Local Government Tendering Regulations, it is recommended that Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

GB.8 Tender RFT3-2019 - Lindfield Village Green Project Management Services 204

File: RFT3-2019

To consider the tenders received for Project Management Services for the construction of the Lindfield Village Green and to appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the Tender submitted by Tenderer ‘A’.

Extra Reports Circulated to Meeting

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 Grant of Licence to Tree Tops Adventures Pty Ltd for high ropes activity in St Ives Showground

File: S10919

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 Acting Manager Integrated Planning Property & Assets

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 28 May 2019

Present:	The Mayor, Councillor J Anderson (Chairperson) Councillors J Pettett & C Clarke (Comenarra Ward) Councillors C Szatow & P Kelly (Gordon Ward) Councillors S Ngai (Roseville Ward) Councillors C Kay & M Smith (St Ives Ward) Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:	General Manager (John McKee) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Corporate Lawyer (Jamie Taylor) A/Manager Records and Governance (Peter Doyle) Senior Governance Officer (Stephen Kwok) Governance Support Officer (Rebecca Srbinovska) Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.02pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

No Interest was declared.

Confirmation of Reports to be Considered in Closed Council

File: S02499/13

Vide: 92

GB.5- RFT4-2019 - Linfield Soldiers Memorial Park Playground Upgrade

In accordance with section 10(2)(d)(ii)

Attachment A1: RFT-2019 – List of Submitters

Attachment A2: RFT-2019 – Tender Assessment and Recommendation Report

Attachment A3: RFT-2019 – Performance & Financial Assessment

Resolved:

(Moved: Councillors Pettett/Smith)

CARRIED UNANIMOUSLY

Address the Council

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

J Harwood Transition of Turramurra

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Memoranda:

Memo 1. Termination of Special Needs Bush Regeneration Business by House With No Steps

Memorandum from Director Operations dated 21 May 2019 to Mayor and Councillors regarding the termination of the Special Needs Bush Regeneration Business by House With No Steps

Confidential Memo. Refer: GB.5 Tender RFT4-2019 Lindfield Soldiers Memorial Park Playground Upgrade

Confidential Memorandum from Director Operations dated 22 May 2019 to Mayor and Councillors advising that there are revised recommendations and attachments to GB.5.

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 14 May 2019

Minutes numbered 80 to 91

Resolved:

(Moved: Councillors Greenfield/Clarke)

That Minutes numbered 80 to 91 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Investment Report as at 30 April 2019

File: FY00623

Vide: GB.1

To present Council’s investment portfolio performance for April 2019.

Resolved:

(Moved: Councillors Clarke/Pettett)

A. That the summary of investments and performance for April 2019 be received and noted.

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

CARRIED UNANIMOUSLY

Analysis of Land and Environment Court Costs - 3rd Quarter 2018 to 2019

File: FY00623

Vide: GB.2

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2019.

Resolved:

(Moved: Councillors Clarke/Pettett)

That the analysis of Land and Environment Court costs for the quarter ended 31 March 2019 be received and noted.

CARRIED UNANIMOUSLY

2018 - 2019 Budget Review - 3rd Quarter ended March 2019

File: S09112/8

Vide: GB.3

To inform of the results of the third quarter budget review of 2018/19 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2018 to 31 March 2019.

Resolved:

(Moved: Councillors Clarke/Pettett)

That the March 2019 Quarterly Budget Review and the recommended changes are received and noted.

St Ives Cultural and Environmental Education Centre

File: S09069/9

Vide: GB.4

To seek Council’s endorsement for the preferred location for a Cultural and Environmental Education Centre within the St Ives Showground.

Resolved:

(Moved: Councillors Clarke/Pettett)

A. That Council endorse the area adjacent to the Model Aeroplane Flying Arena within the St Ives Showground as the preferred location for the Cultural and Environmental Education Centre, in order for the project to progress to the concept design and costing phase.

B. That a concept design plan and cost estimate is developed and reported back to Council.

CARRIED UNANIMOUSLY

Tender RFT4-2019 - Lindfield Soldiers Memorial Park Playground Upgrade

File: RFT4-2019

Vide: GB.5

To consider the tenders received for Lindfield Soldiers Memorial Park Playground Upgrade and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Pettett)

A. Council accept the tender submission from Tenderer ‘B’ to carry out the Lindfield Soldiers Memorial Park Playground Upgrade.

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

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

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

CARRIED UNANIMOUSLY

The Meeting closed at 7.14pm

The Minutes of the Ordinary Meeting of Council held on 28 May 2019 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 11 June 2019.

__________________________ __________________________

General Manager Mayor / Chairperson

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.	Integrated risk management, compliance and internal control systems are in place to identify, assess, monitor and manage risks throughout the organisation.	Manage, coordinate, support and facilitate the effective operation of Council’s Internal Audit function.

Ordinary Meeting of Council - 11 June 2019	GB.2 / 19

Item GB.2	S02211

New Code of Meeting Practice

EXECUTIVE SUMMARY

purpose of report:	To report the outcome of the public exhibition and seek adoption of the Ku-ring-gai Code of Meeting Practice.

background:	The Code of Meeting Practice (the Code) provides direction on how Council conducts its meetings. On 14 December 2018, a new Model Code of Meeting Practice (the Model Code), was prescribed by the Local Government (General) Regulation 2005. The Model Code was prepared by the Office of Local Government after consultation with all NSW councils. Councils were required to exhibit and adopt a new Code of Meeting Practice, consistent with the Model Code of Meeting Practice, prior to 14 June 2019.

comments:	The draft Ku-ring-gai Council Code of Meeting Practice was placed on public exhibition for a period of 42 days following Council’s resolution of 9 April, 2019 and two submissions were received from members of the public shown in Attachment A2 Once the draft Code of Meeting Practice is adopted there will be significant changes to the way Council meetings are run including the frequency of meetings. Staff have prepared a Code of Meeting Practice for Ku-ring-gai Council for adoption that contains no changes to draft Code of Meeting Practice considered by Council in April. It is provided in Attachment A1.

recommendation:	A. Council adopt the Ku-ring-gai Council Code of Meeting Practice (Attachment A1) to replace the current Code adopted in April 2013 and that it take effect from 1 July 2019. B. Council adopt the meeting cycle outlined in Attachment A3.

Purpose of Report

To report the outcome of the public exhibition and seek adoption of the Ku-ring-gai Code of Meeting Practice.

Background

The new Model Code of Meeting Practice was prescribed by the Local Government (General) Regulation 2005 (the Regulation) on 14 December 2018.

Until a council adopts a new code of meeting practice, its existing code of meeting practice will remain in force up until six months from the date on which the new Model Meeting Code was prescribed, (14 December 2018 – 14 June 2019). If a council fails to adopt a new code of meeting practice within this period, under transitional provisions contained in the Regulation and the Local Government Act 1993 (the Act), any provision of the Council’s adopted meeting code that is inconsistent with a mandatory provision of the Model Meeting Code prescribed under the Regulation will automatically cease to have any effect to the extent that it is inconsistent with the mandatory provision of the Model Meeting Code.

All councils are required to implement webcasting by 14 December, 2019. Once Council adopts this Code of Meeting Practice that incorporates webcasting, it is proposed to implement webcasting for the July meeting.

Comments

Public Submissions

The author of the first submission received expressed the view that webcasting was a great idea and suggested that a link should be provided to those on Council’s mailing list and a reminder of upcoming Council meetings be forwarded to those on the list. The author also queried the accessibility of the webcast and thought it should be available with the Minutes.

A communications plan will be prepared to promote the webcasting. This can be done without the need to incorporate the suggestions in the Code of Meeting Practice.

The Code recommended for adoption contains a clause (Clause 5.21) that states that a recording of each meeting of the council and committee of the council is to be retained on Council’s website until the minutes of that meeting are formally adopted. Recordings of meetings may be disposed of in accordance with the State Records Act 1998.) Although the webcast of meetings will be removed from the Council website, copies will still be available in Council’s electronic document and record management system.

The author of the second submission commented on Section 2 of the Model Code, Meeting Principles or more particularly, the second principle enunciated below:

Informed: Decisions are made based on relevant, quality information.

In the report to Council on 9 April 2019 it was mentioned that the Model Code prepared by the Office of Local Government contained both mandatory and non-mandatory provisions. Section 2 (Meeting Principles) falls into the mandatory category but that does not preclude additional words or clauses being added provided they are not inconsistent with the intent of the Model Code.

The author of the submission has suggested that the wording promoted by the Office of Local Government in the Model Code is subjective and open to a wide range of interpretation and suggests that the words “ best available evidence “should be added as it will strengthen the rationale for decision making. It is open to Council to add these words but it can also be argued that best available evidence is open to a wide range of interpretation. It is recommended that the wording in the Model Code not be modified.

Meeting Cycle

In the report to Council on 9 April 2019, Council was informed that the Model Code stated that “Public Forums should not be held as part of a council or committee meeting, council or committee meetings should be reserved for decision-making by the council or committee of council.” It was explained that this meant that public addresses should no longer form part of the council meeting and this was the catalyst for council to consider reducing the number of times it meets to one meeting per month.

To facilitate the optional provisions for a “Public Forum” to be held outside of a formal meeting of Council it was proposed that a Public Forum be held on the second Tuesday of the month and that Ordinary Meetings of Council be held on the third Tuesday of the month.

Should the Code of Meeting Practice be adopted and implemented from 1 July, 2019 as proposed in this report the meeting schedule for the remainder of 2019 for Public Forums commencing at 6pm and Council Meetings commencing at 7pm will be as shown in Attachment A3.

integrated planning and reporting

Good Governance and Management

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1: The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.	L3.1.2: Council’s Governance framework is developed to ensure probity and transparency.	3.1.2.4: 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: The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

3.1.2.4: Comply with the requirements of the

Local Government Act and Regulations.

Governance Matters

Council is required to adopt a Code of Meeting Practice in accordance with Model Code within 12 months of the next election. Transitional provisions in the Regulation and the Act mean that until a new Code is adopted, Council’s current Code will remain in force for 6 months from the date of prescription (14 December 2018 – 14 June 2019), after which the Model Code will prevail in the case of any inconsistency between Council’s adopted Code and the Model Code.

Section 361 of the Act required Council to exhibit a draft of the code of meeting practice for at least 28 days and to provide members of the community at least 42 days in which to comment on the draft code and this requirement was met.

Risk Management

The effect of both mandatory and non-mandatory provisions have been carefully considered to ensure the impacts are fully understood.

Financial Considerations

Implementing webcasting is estimated to cost $16,000.

Summary

The new Model Code of Meeting Practice was prescribed by the Local Government (General) Regulation 2005 on 14 December 2018.

The Model Code of Meeting Practice contains both mandatory and non-mandatory provisions. The Code being recommended for adoption has incorporated all mandatory elements of the Office of Local Government Model Code and all the non–mandatory provisions have been addressed and incorporated where necessary to specifically meet the needs of Ku-ring-gai Council.

The Code of Meeting Practice for Ku-ring-gai Council recommended for adoption and shown in Attachment A1 remains unchanged from the draft code that was publicly exhibited in April.

Recommendation:

A. Council adopt the Ku-ring-gai Council Code of Meeting Practice (Attachment A1) to replace the current Code adopted in April 2013 and that it take effect from 1 July 2019.

B. Council adopt the meeting cycle outlined in Attachment A3

Peter Doyle

Acting Manager Records & Governance

David Marshall

Director Corporate

Attachments:	A1⇩	Code of Meeting Practice - Version 2 - Draft	2019/159028
	A2 ⇩	Submissions received in response to public exhibition	2019/159013
	A3 ⇩	Proposed Council Meeting Cycle From July 2019	2019/159316

Ordinary Meeting of Council - 11 June 2019	GB.3 / 79

Item GB.3	S05920

Dog Off-Leash Areas - Turramurra Memorial Park and Karuah Park

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the response to the extended trial of the dog off leash area at Turramurra Memorial Park and to recommend a permanent dog off-leash area.

background:	In July 2008, Council adopted the Turramurra Memorial Park and Karuah Park Landscape Masterplan. This included an extended trial at Turramurra Memorial Park for a dog off-leash area. Council identified three off-leash options within the plan for community consideration.

comments:	Council’s original intention was to keep all dogs on-leash at Turramurra Memorial Park due to the number of objections and complaints received. Community consultation demonstrated the need to negotiate a shared off-leash area for a trial period of six months (to be reviewed in 2009, however, this has not taken place and the trial has continued to date.. Council has undertaken further community consultation in April/May 2019 for the preferred dog off-leash option at Karuah Park. Council supports the community preference for fencing the existing dog off-leash area within the eastern end of Karuah Park.

recommendation:	The dog off leash trial concludes at Turramurra Memorial Oval and the area reverts back to an area where dogs can be exercised on-leash. A project bid is prepared to formalise the dog off-leash area at the eastern end of Karuah Park (Corner of Karuah Road and Turramurra Avenue).

Purpose of Report

To advise Council of the response to the extended trial of the dog off leash area at Turramurra Memorial Park and to recommend a permanent dog off-leash area.

Background

In May 2008 the Turramurra Memorial Park and Karuah Park Draft Landscape Masterplans were placed on exhibition for 28 days for public comment, prior to final consideration by Council.

Initially within this draft masterplan plan, Council’s recommendation was to keep all dogs on-leash at Turramurra Memorial Park due to the number of objections and complaints received.

The public exhibition of the Draft Landscape Masterplan received 21 submissions and a petition with 1,428 signatures demonstrating the need to negotiate a shared off-leash area at Turramurra Memorial Park in addition to the permanent dog off-leash area located opposite at the eastern end of Karuah Park.

In response to the comments the draft masterplan was amended to have a dog off-leash trial period of 6 months which provided access before 9.30am and after 4.30pm during Eastern Standard Time, and before 9.30am and after 6.00pm during Daylight Saving Time.

The trial was to be reviewed in 2009, however, this has not taken place and the trial has continued to date.

On 22 July 2008, Council adopted the Turramurra Memorial Park and Karuah Park Landscape Masterplan (Attachment A1 and A2).

Comments

The issue of dog off-leash areas within the parks is one of the most contentious issues that the master planning process has had to work through. At the Ordinary Meeting of Council on 25 September 2007 Council resolved:

A. That the matter of off-leash provision at Turramurra Memorial Park be deferred for consideration in the development of a landscape masterplan for Turramurra Memorial Park and Karuah Park.

B. That consultation be undertaken with all stakeholder groups regarding the off-leash areas in the development of the draft masterplan and the results of this consultation be reported to Council when the exhibition of a draft plan is to be considered.

C. That the sportsfield and associated facilities within the Turramurra Memorial Park precinct remain on-leash at all times.

Initial survey results regarding dog off-leash areas (Attachment A3) indicated that:

· about 30% of survey respondents visit the park with a dog;

· objections to dogs being off-leash were common (46);

· support for dogs being off-leash were common (39)

In response to the initial survey, Council identified three dog off-leash options for community consideration which were presented to the community in the second stage of consultation:

Option 1 – Fence the existing dog off-leash area at Karuah Park (Corner of Karuah Road and Turramurra Avenue). The advantages of this were unlimited usage; area suitable for fencing and not rejected by all dog owners surveyed. Disadvantages included: the site can be cold and damp in winter due to dense canopy; limited space for dogs to run after a ball and falling branches.

Option 2 – Create and fence a new dog off-leash area at the top of Turramurra Memorial Park near the Memorial Gates. Advantages include: unlimited usage; area suitable for fencing; open and grassed for dogs to roam free and limited size in area. Disadvantages included: fencing part of this area lessens the amount of open space available for events such as the Food and Wine Fair; open space is important to local communities for informal recreation and events and large grassed areas such as this area are rare and valuable as a community asset.

Option 3 – Create a new unfenced dog off-leash area. Fence one boundary – along Eastern Road to Turramurra Memorial Park and allow dogs off-leash in this top area of the park for limited times. Advantages include: large, attractive open space; suitable for dogs to run and fetch balls. Disadvantages for this option are that: the space is an integral element of the recreation area and required for children’s play; dogs can leave the designated area and harass people, particularly children, exercise area, table tennis, picnic and BBQ facilities and in the long term dog owners may seek to have Council fully fence this area, resulting in loss of open space for the whole community, time restrictions on usage and ranger intervention.

Community feedback to these options indicated that: 31 people supported Option 1; 12 people supported Option 2; and 16 people supported Option 3.

Option 1 was the most common response received, although this was based on a much smaller sample size than the initial survey. Opinions were divided over whether off-leash dogs should be allowed at the park; particularly the path around the oval.

Options 2 and 3 were rejected because people felt that it is important to retain open space parkland where the whole community can enjoy its facilities and not be restricted because of dog areas, and that fencing would spoil the open and inviting look of the park from Eastern Road.

Council supports the community’s preference for fencing the existing dog off-leash area at Karuah Park (Option1). In addition to fencing this area, the Landscape Masterplan allows for landscape with comfortable seating in sunny locations to facilitate the ‘sense of community’ expressed by dog owners, gravel/crushed sandstone paths, dog disposal bins, a bubbler/tap and appropriate signage.

Due to the extent of time from the last consultation, Council requested comment from the local community via public exhibition in consideration of formalising the preferred dog off leash option at Karuah Park identified in the District Landscape Masterplan. The results from the public exhibition period have been provided under Community Consultation.

integrated planning and reporting

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P.1.1: Ku-ring-gai’s unique visual character and identity is maintained.	Strategies, plans and processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character.	Continue to review the effectiveness of existing strategies, plans and processes across all programs.
P.6.1: Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.	A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.	District park landscape masterplans are prepared to inform the forward Open Space Capital Works Program.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P.1.1: Ku-ring-gai’s unique visual character and identity is maintained.

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

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

P.6.1: Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

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

District park landscape masterplans are prepared to inform the forward Open Space Capital Works Program.

Governance Matters

As this project is a Landscape Masterplan rather than a Plan of Management, Council is not required to place the draft on public exhibition. However, when Council commenced the process of preparing masterplans for each of its district parks it adopted the same consultation and exhibition process which is used for plans of management under the NSW Local Government Act. Hence, the Turramurra Memorial Park and Karuah Park Draft Landscape Masterplan were placed on public exhibition.

Similarly, Council requested comment from the local community via public exhibition in consideration of formalising the preferred dog off-leash option at Karuah Park. This public exhibition period was for a minimum of 28 days (Monday 22 April 2019 to Monday 20 May 2019) as per the Local Government Act.

Risk Management

Since 2008, Council has delivered a number of additional leisure and recreational facilities nearby the trial off-leash area as per the District Landscape Masterplan. There is now a wider and more frequent range of users than the park previously catered for which creates a risk if this area is maintained as a dog off-leash area.

Financial Considerations

The inclusion of fencing, seating, gravel/crushed sandstone paths, dog disposal bins, a bubbler/tap and appropriate signage has been identified in the Landscape Masterplan to improve the permanent dog off-leash area at Karuah Park. This project is currently unfunded and a separate project bid to design and construct the off-leash area will be necessary if adopted.

Social Considerations

The Draft Landscape Master Plan aims to:

· incorporate elements that are important to the community and user groups;

· balance the concerns of residents and community groups; and

· provide a holistic approach to design that allows for improvements to occur in stages as funding becomes available.

Currently, the dog off-leash area at Karuah Park has limited provisions and would not be considered a popular destination when compared to other formalised dog off-leash areas in the LGA. The improvements to this space will encourage a community meeting place where residents and their dogs can actively exercise and engage socially.

Environmental Considerations

If adopted, the project would be considered under the State Environmental Planning Policy (Infrastructure) 2007. This instrument applies to, among other lands, public reserves, within the same meaning as it has in clause 65 (3), wherein development may be carried out by or on behalf of a Council without consent on a public reserve under the control of or vested in the Council for (b) recreation areas and recreation facilities (outdoors), but not including grandstands.

A Potential Impact Assessment (PIA) was completed by Council in March 2019. The PIA has confirmed that the site can accommodate the proposed infrastructure to formalise the dog off‑leash area. No trees will be removed. The final alignment of the fence and placement of the pathway and seating will be determined following design and assessed separately.

Community Consultation

The preparation of the Turramurra Memorial Park and Karuah Park Landscape Masterplan involved an extensive and thorough consultation process, including two stages of community consultation (September 2007 and February 2008), an information briefing to the Parks, Sport and Recreation Reference Group on 1 November 2007, meetings with stakeholders, a Councillors briefing on 22 April 2008 and a public exhibition period prior to the adoption of the Landscape Masterplan on 22 July 2008.

Due to the extent of time from the last consultation, Council requested comment from the local community via public exhibition (Monday 22 April 2019 to Monday 20 May 2019) in consideration of formalising the preferred dog off-leash option at Karuah Park identified in the District Landscape Masterplan. This included a notification letter to surrounding residents (100 letters), three (3) signs represented at each site (Turramurra Memorial Park and Karuah Park) and a page on Council’s website to provide comment.

Of the 29 responses Council received from the public exhibition (Attachment A4), 23 were in favour of formalising the dog off-leash area at the eastern end of Karuah Park (Option 1) and 6 were against the proposal (approximately 80%). The main objections included the mismanagement of owners and their dogs off-leash in general and being responsible for cleaning after their dog, the preference to have the off-leash area around the oval at Turramurra Memorial Park or on Karuah Sportsground and the suitability of the eastern end of Karuah Park as an off-leash area as it is not fenced, too small and poorly maintained.

The 29 residents that provided a response have been notified that the report will be an agenda item at the Ordinary Meeting of Council on Tuesday 11 June 2019.

Internal Consultation

Internal consultation has included discussions with staff from Operations, Strategy and Environment and Development and Regulation( including the Animal Companions Officer).

Summary

Council has undertaken an extended trial at Turramurra Memorial Park, allowing a dog off-leash area within the park (but not within the sports oval) during early morning and late afternoon periods.

Since Council adopted the Turramurra Memorial Park and Karuah Park Landscape Masterplan in July 2008, Council has delivered a number of additional leisure and recreational facilities nearby the trial off-leash area. There is now a wider and more frequent range of users than the park previously catered for which creates a risk if this area is maintained as a dog off-leash area.

Council identified 3 off-leash options within the plan for community consideration. Council supports the community’s preference to improve the permanent dog off-leash area at the eastern end of Karuah Park (Corner of Karuah Road and Turramurra Avenue). Due to the extent of time from the last consultation, Council recently requested comment from the local community via public exhibition with approximately 80% of responses supportive of formalising the preferred dog off-leash Option 1 at the eastern end of Karuah Park (Corner of Karuah Road and Turramurra Avenue) as identified in the District Landscape Masterplan.

The inclusion of fencing, seating, gravel/crushed sandstone paths, dog disposal bins, a bubbler/tap and appropriate signage at the eastern end of Karuah Park has also been identified in the Landscape Masterplan. The formalisation of this area will enhance the exclusive dog-off leash area and provide unrestricted usage for the community. This project is currently unfunded and a separate project bid will be necessary if adopted.

Recommendation:

A. That the trial concludes at Turramurra Memorial Oval and the area reverts back to an area where dogs can be exercised on-leash.

B. A project bid is prepared to formalise the dog off-leash area at the eastern end of Karuah Park (Corner of Karuah Road and Turramurra Avenue).

C. That Council notify all residents and stakeholder groups that make a submission.

Guy Thomas

Strategic Recreation Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Turramurra Memorial Park and Karuah Park Landscape Masterplan Part 1	2018/259165
	A2⇩	Turramurra Memorial Park and Karuah Park Landscape Masterplan Part 2	2018/259167
	A3⇩	Turramurra Memorial Park and Karuah Park District Landscape Masterplan - Survey Results (Dogs)	2018/259805
	A4 ⇩	Karuah Park Dog Off Leash - 2019 Survey Results	2019/152573

Ordinary Meeting of Council - 11 June 2019	GB.4 / 108

Item GB.4	S12037

Draft Local Strategic Planning Statement

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the draft Ku-ring-gai Local Strategic Planning Statement for public exhibition.

background:	In March 2018 the NSW Government brought in State-wide changes requiring all Councils to prepare a Local Strategic Planning Statement (LSPS). The LSPS will set out the 20 year vision for land use in Ku-ring-gai, and look to protect the areas unique character by guiding the provision of additional infrastructure, facilities and housing. The LSPS will provide a locally relevant response to the State Government’s strategic plans – The Greater Sydney Region Plan – A Metropolis of Three Cities and the North District Plan. A draft LSPS is required to be on public exhibition by 1 July 2019.

comments:	The draft Ku-ring-gai LSPS has been structured around the 4 key themes set out the GSC strategic plans, being: Infrastructure and Collaboration; Liveability; Productivity; and Sustainability. Within each theme, locally specific matters have been identified as key for the future planning of the Ku-ring-gai area. For the most part, the draft LSPS brings together and builds on the land use planning work already established in adopted Council plans, policies and strategies. A range of strategic background studies are currently being undertaken– such as a housing strategy, retail / commercial centres study and employment lands study – that will provide further strategic direction, and feed into future reviews of the LSPS.

recommendation:	That Council endorses the draft Ku-ring-gai Local Strategic Planning Statement for public exhibition.

Purpose of Report

For Council to consider the draft Ku-ring-gai Local Strategic Planning Statement for public exhibition.

Background

In March 2018 the NSW Government brought in state-wide changes requiring all councils to prepare a Local Strategic Planning Statement (LSPS). The LSPS will set out the 20 year vision for land use in Ku-ring-gai, and provide guidance on:

· where future housing, jobs and services will be located;

· what infrastructure, such as community facilities, open space and that will need to be provided to support future growth; and

· what the character of Ku-ring-gai is and will be in the future .

The LSPS will provide a locally relevant response to the State Government’s strategic plans – The Greater Sydney Region Plan – A Metropolis of Three Cities and the North District Plan. The LSPS will also implement Council’s own priorities in the Community Strategic Plan 2038, which it prepares under the Local Government Act 1993.

The role of the LSPS is to provide a basis for planning decisions and to provide an alignment between regional and district strategic plans, and local strategic planning and delivery.

Councils within the Greater Sydney Region Area, which includes Ku-ring-gai, are required to exhibit a draft LSPS by 1 July 2019. The final version of the LSPS is to be in place by December 2019. The LSPS, and associated strategies such as the Housing Strategy, will guide future updates to Council’s Local Environmental Plan (LEP).

Comments

The draft Ku-ring-gai Local Strategic Planning Statement is included as Attachment A1 (circulated separately) to this report.

The draft Ku-ring-gai LSPS has been prepared having regard to the following:

· outcomes from LEP ‘Health Check’ and review undertaken in October 2018;

· Ku-ring-gai Community Strategic Plan – Our Ku-ring-gai 2038;

· existing adopted Council plans, strategies and studies ; and

· community feedback recently gathered for the development of the LSPS, Community Strategic Plan, customer satisfaction survey and other projects.

Largely the draft LSPS brings together and builds on the land use planning embodied in adopted Council plans, policies and strategies. As Council is currently undertaking a range of strategic background studies such as a housing strategy, retail / commercial centres study and employment lands study which will guide future planning across Ku-ring-gai, this initial LSPS sets out a ‘road map’ of actions requiring the studies to be undertaken. Once these studies are completed they will provide further strategic direction, and feed into future reviews of the LSPS.

Draft Ku-ring-gai LSPS – Structure

The draft Ku-ring-gai LSPS provides a locally relevant response to the Greater Sydney Commissions strategic plans – The Greater Sydney Region Plan – A Metropolis of Three Cities and the North District Plan.

The draft LSPS contains a 20 year vision for Ku-ring-gai which emphasises the local assets and the strategic land use, transport and environmental planning outcomes. The vision clearly demonstrates how the area will change to meet the community’s needs over 20 year timeframe.

The draft Ku-ring-gai LSPS has been structured around the 4 key themes set out the GSC strategic plans, being:

· Infrastructure and Collaboration;

· Liveability ;

· Productivity ; and

· Sustainability.

Within each theme, locally specific matters have been identified as key for the future planning of the Ku-ring-gai area. For example, under the “Liveability” theme the specific local matters include housing; local character and heritage; community and cultural infrastructure; recreation; and the place based planning for the four main local centres of Gordon, Lindfield, St Ives and Turramurra.

The locally specific matters each have a number of Local Planning Priorities (which are the desired outcomes) and Actions (which are what is going to be done to deliver the Planning Priority). These Planning Priorities and Actions aim to achieve the outcomes described within the 20 year vision. The Planning Priorities have been prepared to be consistent with the objectives of the Greater Sydney Region Plan, and the Planning Priorities within the North District Plan.

Each Planning Priority provides a discussion which is structured around:

· Background – the background provides and overview of the particular issues related to the Planning Priority;

· Strategic Response – the strategic response provides an outline of how Council will respond to the issues; and

· Principles – For some Planning Priorities, particularly those where Council does not have a current study (such as a Housing Strategy), Principles have been developed to ensure adequate consideration of key matters until the required studies have been completed.

The Actions within the draft Ku-ring-gai LSPS has been assigned a delivery timeframe for Council to achieve, the categories include:

· Short Term– 2 years

This will align with the required LEP Amendment in 2021 to give effect to the LSPS and North District Plan.

· Medium Term – 3-5 years

This will align with the planned first review of the Ku-ring-gai LSPS.

· Long Term 10+ years

· Ongoing

‘Line of Sight’ and Strategic Links

Each Local Planning Priority within the draft Ku-ring-gai LSPS provides a ‘line of sight’ back to the associated North District Plan Planning Priority, and the associated Greater Sydney Region Plan Objective.

A Table of Alignment is provided at the end of the draft Ku-ring-gai LSPS which outlines the strategic links between the draft Ku-ring-gai LSPS, the Community Strategic Plan – Our Ku-ring-gai 2038 and the North District Plan Directions and Priorities.

Draft LSPS – Future Housing

One of the key challenges facing Ku-ring-gai and every other local government in the metropolitan area is pressures created by Greater Sydney’s rapidly growing population, changing demographics, need for housing and better infrastructure. The LSPS will help in the understanding of Ku-ring-gai’s future planning needs created by a growing Sydney and better co-ordinate responses for future infrastructure such as roads and transport, open space and schools.

The draft Ku-ring-gai LSPS sets out three Ku-ring-gai Local Planning Priorities for housing:

- providing housing close to transport, services and facilities to meet the existing and future requirements of a growing and changing community;

- providing a range of diverse housing to accommodate the changing structure of families and households and enable ageing in place; and

- providing affordable housing that retains and strengthens the local residential and business community.

The North District Plan stipulates delivery of 4,000 new dwellings within Ku-ring-gai during the 5 year period 2016 to 2021.

Since 2016, more than half of the required housing supply quota has been constructed, with the remaining half fully deliverable through current development approvals and through land zoned for higher densities. This means that the 0-5 year housing supply target is achievable under Council’s existing planning policies, as tabulated below. No immediate amendment to the Ku-ring-gai Local Environmental Plan is necessary to accommodate additional development.

POTENTIAL HOUSING SUPPLY (2016-2021) - KU-RING-GAI
Delivery Method	Dwelling Count 2016-2021	Source
Construction completed	2,062	Department of Planning and Environment’s Metropolitan Housing Monitor
DA Approvals issued and not yet constructed	1,261	Council records of current DA approvals
Potential R4 and R3 sites within the Local Centres at 80% take-up rate	1,362	Council mapping analysis of Gordon, Turramurra, Lindfield, St Ives Local Centres
Total	4685 dwellings
Note: Delivery is in excess of North District Plan 4,000 dwelling requirement for the 2016-2021 period. Note: As new water connections are used as a proxy for completions, certain secondary dwellings are not counted. Note: Calculations do not include potential dwellings - on R3 and R4 sites outside existing Local Centre boundary; - within mixed use sites on B2 and B4 lands; - under consideration at Land and Environment Court.

Beyond the 0-5 year period, amendment to the Ku-ring-gai Local Environmental Plan will be required to facilitate additional housing provision in Ku-ring-gai, with the amendments being informed by the findings and directions of the Ku-ring-gai Housing Strategy.

The Housing Strategy will examine the three key aspects regarding housing provision. These are:

· housing location - enabling good proximity to amenity such as transport, employment, services, and alignment of built form typology with existing and future local character;

· housing diversity - enabling housing choice that supports the variety of household structures and lifecycle changes for existing and future residents; and

· housing affordability - enabling local residents and workers to live within the area close to family, established networks and places of employment.

Ku-ring-gai’s 6-10 year housing target will be developed iteratively through the Housing Strategy. The Housing Strategy will inform the actual numbers, location and typology of dwellings deliverable within Ku-ring-gai plus address the growing issue of housing affordability at the local level. It will also clarify how the additional housing provision will retain, enhance and develop the current and future local character and factor into the liveability of neighbourhoods as stipulated in the regional and district plans.

Advice from the Greater Sydney Commission through the Assurance Phase 1 process outlined that the LSPS should identify the program for establishing and refining future housing options as part of the local housing strategy. A table ‘Ku-ring-gai Centres – Suitability for Additional Housing’ has been included within the Housing section of the Draft Ku-ring-gai LSPS. This table is based on the criteria within the Greater Sydney Region Plan and North District Plan as to where future housing should be located. This table supports the Housing Supply Map within the draft Ku-ring-gai LSPS.

The table ranks centres within Ku-ring-gai on their suitability for investigation for additional future housing, and provides an estimated timing for the potential housing supply. It should be noted that the timing is subject to further detailed analysis through the Housing Strategy to be undertaken in 2019-2020. The findings of the Housing Strategy may provide evidence to bring some centres forward or back in timing. For example, if the outcomes of the Housing Strategy indicate greater housing diversity is required, such as the provision of more medium density housing (townhouses) this may justify bringing some neighbourhood centres forward in timing.

It should also be noted that ‘Additional Housing’ does not just mean apartments. The Housing Strategy will investigate housing diversity and providing housing choice for residents including housing typologies such as townhouses, manor homes, dual occupancies and secondary dwellings (granny flats).

One of the objectives of the Environmental Planning and Assessment Act 1979 (Section 1.3(d)) is to promote the delivery and maintenance of Affordable Housing.

In February 2019 SEPP 70 Affordable Housing was expanded to include all councils across NSW. This allows all councils to investigate and develop an affordable housing contributions scheme to levy developer contributions for affordable housing. The Greater Sydney Commissions Greater Sydney Region Plan and the North District Plan support the development of affordable housing contribution schemes as a mechanism to implement the housing related objectives within these Plans. Action 18 of the North District Plan requires Councils and other planning authorities to prepare Affordable Rental Housing Target Schemes.

It is important to note the Affordable Housing concept in the LSPS is not the same as Social Housing.

Social Housing is housing provided for people that have no, or very limited, financial means to enable accommodation choice; or, are in a crisis situation and require immediate rehousing. People that access social housing usually have complex issues making them dependent both physically and financially on government. This group is predominantly accommodated through subsidised agreements around the leasing of their homes.

Affordable Housing is housing that enables certain people to live within a geographical area which would normally be inaccessible to them due to the high cost of property rental or purchase. These groups of people have regular incomes and are able to fund their homes. A common benchmark is that affordable housing is housing that does not absorb more than 30% of a very low, low or moderate households incomes, which may include people working in jobs such as child care, retail, cleaning, teaching, policing or nursing (particularly if they are in the earlier stages of their career). Affordable housing is also seen as an important means of addressing the shift in life stages and circumstances of local residents, enabling them to remain in an area with established networks and support through that change.

Next Steps

The draft LSPS is required to be on public exhibition by 1 July 2019 for a minimum of 28 days. Following public exhibition and an assurance from the Greater Sydney Commission that the draft Ku-ring-gai LSPS is consistent with the Greater Sydney Region Plan and North District Plan, the final LSPS is to be in place by December 2019.

Completion of the technical studies identified in the draft Ku-ring-gai LSPS will be finalised between 2019-2020, including the Housing Strategy, Retail / Commercial Centres Strategy, Employment Lands Study and Local Character Studies.

integrated planning and reporting

Theme – Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identify 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	P2.1.1.1 Commence development of plans and strategies as required by the Greater Sydney Commission’s North District Plan

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identify 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

P2.1.1.1 Commence development of plans and strategies as required by the Greater Sydney Commission’s North District Plan

Governance Matters

Section 3.9 of the Environmental Planning and Assessment Act 1979 provides the legislative requirements for the preparation and content of local strategic planning statements of all councils. At a minimum, a local strategic planning statement must contain:

· the basis for strategic planning in the area, having regard to economic, social and environmental matters;

· planning priorities that are consistent with the Greater Sydney Region Plan and North District Plan and Council’s Community Strategic Plan;

· actions for achieving those priorities; and

· how Council is to monitor and report on the implementation of the actions.

The Greater Sydney Commission must advise Council that it supports the draft LSPS as being consistent with the Greater Sydney Region Plan and North District Plan prior to the finalisation of the draft LSPS. The draft LSPS is to be finalised by December 2019.

Local Strategic Planning Statements must be reviewed at least every 7 years. It is proposed that Ku-ring-gai will undertake its first review of the LSPS in 2021, following the completion of key strategic studies, such as the Housing Strategy, Employment Lands Study and Retail / Commercial Centres Study. It is then proposed to review the LSPS every 4 years, to align the review period with Council’s overarching Community Strategic Plan, and the Integrated Planning and Reporting Framework.

Section 3.8(3) of the Environmental Planning and Assessment Act 1979 requires Councils to prepare planning proposals necessary to give effect to the North District Plan as soon as practical after the North District Plan is made. Council’s proposed consolidating LEP, which will bring together the Ku-ring-gai LEP 2015 and the Local Centres LEP 2012 will satisfy s3.8(3) of the Act.

Risk Management

The population of Ku-ring-gai and Sydney as a whole is growing. Council and the community now have the opportunity to guide how we provide for that growth. Failure to proactively plan for the expected increase in population will result in serious challenges in the future and may result in the loss of key valued aspects of our local government area – such as local character.

Additionally, State Government intervention in local planning is a potential risk of Council not meeting the mandate timeframes for the development of the LSPS and subsequent LEP amendments required to ‘give effect to’ the North District Plan.

Financial Considerations

The cost of preparing the Draft LSPS is covered by the Urban Planning – Strategy & Environment Budget. There are several studies being commissioned to support the LSPS that have also been allocated funding under the Urban Planning – Strategy & Environment Budget.

Given the long term timeframes of the LSP S– several priorities have actions that identify additional strategies and plans to be prepared to support the LSPS. These have been identified and programmed where possible to be consistent with the actions and timing identified in Council’s Community Strategic Plan, Delivery and Operational Plan and the associated Resourcing strategy.

The Resourcing Strategy is the link between the long-term Community Strategic Plan and the medium-term Delivery Program. Initiatives within the Strategy are reviewed annually to ensure relevance in a changing environment and to incorporate community feedback. The strategy includes a 10-year Long-Term Financial Plan, a 10-year Asset Management Strategy and a 10-year Workforce Management Strategy

Social Considerations

The draft Ku-ring-gai LSPS specifically addresses social considerations for the future planning of Ku-ring-gai under the Liveability theme, including:

· provision of additional housing, diverse housing and affordable housing;

· provision of cultural, community and leisure facilities to foster a healthy, culturally rich and socially connected Ku-ring-gai; and

· provision of open space and recreation facilities

Environmental Considerations

The draft Ku-ring-gai LSPS specifically address environmental considerations for the future planning of Ku-ring-gai under the “Sustainability” theme, including:

· managing growth in a way that improves and protects bushland and biodiversity;

· increasing the urban tree canopy;

· protecting and improving the health of waterways and riparian areas;

· reducing greenhouse gas emissions; and

· increasing resilience to impacts of climate change and natural hazards.

Community Consultation

Community Consultation for the preparation of Draft LSPS – Phase 1

Council engaged with and sought feedback from the Ku-ring-gai community from 15 April to 13 May to inform and support the development of the draft Ku-ring-gai LSPS. During this Phase 1 engagement, the community were invited to participate in an online and paper survey, and an online discussion forum. Social media and written submissions were also received as part of the process.

The feedback received from the engagement aligned closely with feedback Council received during other recent consultation projects, including the Community Strategic Plan and Community Satisfaction Survey. High priorities include:

· protecting the environment; and

· providing public open space.

Concerns include:

· high-rise development;

· traffic management/congestion and parking; and

· desire for Council to provide more and better quality community infrastructure.

A summary report of the Phase 1 engagement outcomes is provided at Attachment A2.

The preparation of the draft Ku-ring-gai LSPS has been based on the existing community feedback, from the review of the Community Strategic Plan undertaken in 2017/2018 and Community Satisfaction Survey undertaken in 2017. This has been supported and validated by the feedback received from the Phase 1 community engagement undertake for the draft LSPS.

Public Exhibition - Draft Ku-ring-gai LSPS – Phase 2

The draft Ku-ring-gai LSPS is required to be placed on public exhibition by 1 July 2019 for a minimum of 28 days. This will form Phase 2 of the community engagement of the draft LSPS, and will take place in July and August 2019. It is proposed to extend the 28 day statutory exhibition timeframe to 6 weeks to allow the community sufficient time to provide feedback.

As the Local Planning Priorities form a key part of the draft Ku-ring-gai LSPS, the community will be requested to indicate their level of support for these Local Planning Priorities, and to provide comments. The community will also be invited to provide written submissions on the draft Ku-ring-gai LSPS document as a whole.

The public exhibition will be widely promoted through the following engagement and promotion methods;

· draft LSPS Plain English information sheet/poster & FAQ page;

· “Have your say” section of Council’s website;

· community survey;

· community drop in sessions;

· social media;

· E-news; and

· North Shore Times & media release.

Further Community Consultation – Studies and Strategies

Over the next 12-18months further detailed community consultation and engagement will also take place as part of the key strategies and plans identified to be prepared to support the outcomes of the LSPS. For example the Ku-ring-gai Housing Strategy will include focused and representative community engagement and feedback processed to determine and inform the future housing needs of our community. Detailed surveys, focus groups and further exhibition.

Internal Consultation

On 26 September 2018, Councillors were provided a briefing by the Greater Sydney Commissions and the Department of Planning on the North District Plan. Further information was provided at the Councillors workshop in February 2019 and Councillors have been provided with updates on the LEP ‘Health Check’ and GSC Assurance Review Phase 1.

Council staff have also held a series of Councillor Briefings (16 April 2019 and 21 May 2019) to keep Councillors informed throughout the preparation of the draft LSPS.

The preparation of the draft Ku-ring-gai LSPS has included input and guidance from numerous specialist teams within Council, including Urban Planning, Urban Design, Traffic, Natural Areas, Corporate Planning, Community Engagement, Environment and Sustainability and Finance.

Summary

In March 2018 the NSW Government brought in state-wide changes requiring all councils to prepare a local strategic planning statement. The LSPS will set out the 20 year vision for land use in Ku-ring-gai, and look to protect the areas unique character by guiding the provision of additional infrastructure, facilities and housing.

· the basis for strategic planning in Ku-ring-gai, having regard to economic, social and environmental matters;

· planning priorities that are consistent with the Greater Sydney Region Plan and North District Plan and Councils Community Strategic Plan ;

· actions for achieving those priorities; and

· how Council is to monitor and report on the implementation of the actions.

The draft LSPS is required to be on public exhibition by 1 July 2019.

This first Ku-ring-gai LSPS will have a 2 year horizon. It is proposed to be reviewed in 2021, following the completion of key strategic studies, such as the Housing Strategy, Employment Lands Study and Retail / Commercial Centres Study. It is then proposed to review the LSPS every 4 years, to align the review period with Council’s overarching Community Strategic Plan, and the Integrated Planning and Reporting Framework

Recommendation:

A. That Council endorses the draft Ku-ring-gai Local Strategic Planning Statement for public exhibition.

B. That the draft Ku-ring-gai Local Strategic Planning Statement be placed on public exhibition by 1 July 2019 for a minimum of 6 weeks.

C. That delegation be given to the General Manager and Director Strategy and Environment to approve minor amendments to the formatting, layout and any inconsistencies and errors within the draft Ku-ring-gai LSPS prior to being placed on public exhibition.

D. That a report be brought back to Council following the conclusion of the public exhibition .

Alexandra Plumb

Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Draft Local Strategic Planning Statement	Excluded	2019/158387
	A2⇩	Ku-ring-gai Local Strategic Planning Statement - Community Engagement Phase 1 Summary Report		2019/153561

Ordinary Meeting of Council - 11 June 2019	GB.5 / 128

Item GB.5	S12201

Lindfield Village Green - 2 stage tender for construction

EXECUTIVE SUMMARY

purpose of report:	To recommend to Council that the eventual tender for construction of the Lindfield Village Green project be run as a two stage process commencing with an EOI.

background:	As part of the new governance structure for all Major Projects, Councillors’ acceptance of the type of tender to be conducted is now required.

comments:	The Major Project Advisory Committee (MPAC) and Major Projects Steering Committee (MPSC) recommend the use of a two (2) stage tender process for the procurement of a contractor for construction of the Lindfield Village Green project.

recommendation:	That Council approves ‘in principle’ a two stage tender commencing with an EOI to shortlist preferred contractors for the construction of the Lindfield Village Green project.

Purpose of Report

To recommend to Council that the eventual tender for construction of the Lindfield Village Green project be run as a two stage process commencing with an EOI.

Background

As part of the new governance structure for all Major Projects, Councillors’ acceptance of Tender readiness for construction as well as the type of tender to be conducted (for major projects) is now required.

Comments

At the Major Project Advisory Committee (MPAC) meeting on 4 April 2019 concern was raised that ‘quality’ builders may not enter an open tender due to the overly onerous nature of such applications being the time and cost of making a submission and the unlikelihood of winning.

Major Projects Steering Committee (MPSC) have previously met to discuss the tender process and concluded that the best way to procure a good builder is to run a two stage tender commencing with an EOI to shortlist preferred contractors.

Details of the EOI documents and the financial tender are to be reported to Council separately should Councillors confirm that this is the preferred approach. This report does not require Council to confirm that the project is ready (or not) to commence the EOI process.

integrated planning and reporting

Places, Spaces and Infrastructure - P4 Revitalisation of our centres

Community, People and Culture - C4 Healthy lifestyles

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.	P4.1.1 Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community. P4.1.4 An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies.	Implement a place management approach for the local centre improvements to coordinate works and achieve quality outcomes. Engage with relevant stakeholders to establish timing, extent and partnership opportunities. Undertake due diligence and undertake project scope. Identify and engage with the key stakeholders.
A healthy, safe, and diverse community that respects our history, and celebrates our differences in a vibrant culture of learning.	C4.1.2 New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.	Undertake acquisitions for new parks. Undertake assessment and identify locations for new parks Complete the design for identified parks and include design principles which facilitate passive recreation activities. Construct parks at identified locations and include design principles which facilitate passive recreation activities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4.1.1

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

P4.1.4

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

Implement a place management approach for the local centre improvements to coordinate works and achieve quality outcomes.

Engage with relevant stakeholders to establish timing, extent and partnership opportunities.

Undertake due diligence and undertake project scope.

Identify and engage with the key stakeholders.

A healthy, safe, and diverse community that respects our history, and celebrates our differences in a vibrant culture of learning.

C4.1.2

New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.

Undertake acquisitions for new parks.

Undertake assessment and identify locations for new parks

Complete the design for identified parks and include design principles which facilitate passive recreation activities.

Construct parks at identified locations and include design principles which facilitate passive recreation activities

Governance Matters

This project has been reported extensively to Council with a total of eighteen (18) reports to Council since 2013. The reports have addressed a broad range of matters including open space planning, project definition, project scope and budget, tenders, community engagement, concept plans and compulsory acquisition. The reports are as follows:

1. Ordinary Meeting of Council 16 October 2018 – Lindfield Village Green RFT20-2018

2. Ordinary Meeting of Council 25 September 2018 – Lindfield Village Green Heads of Agreement with TfNSW Update

3. Ordinary Meeting of Council 28 August 2018 – Lindfield Village Green Heads of Agreement with TfNSW

4. Ordinary Meeting of Council 08 May 2018 – GB.11 - Lindfield Village Green

5. Ordinary Meeting of Council 14 November 2017 – GB.7 - Lindfield Village Green

6. Ordinary Meeting of Council 28 February 2017 – Mayoral Minute - Lindfield Village Green additional basement level

7. Ordinary Meeting of Council 23 August 2016 - GB.5 - Lindfield Village Green – Final Concept Design

8. Ordinary Meeting of Council 10 May 2016 - GB.5 - Lindfield Village Green - Design Services - Request for Tender No. 07-2016

9. Ordinary Meeting of Council 10 November 2015 - GB.9 – Lindfield Local Centre – Commuter Car Parking

10. Ordinary Meeting of Council 23 June 2015 - GB.5 – Lindfield Village Green Preferred Concept Design

11. Ordinary Meeting of Council 21 April 2015 - GB.5 – Compulsory Acquisition of Roads

12. Ordinary Meeting of Council 31 March 2015 - GB.7 - Update Report on the Development Contributions System

13. Ordinary Meeting of Council 28 October 2014 - GB.10 – Lindfield Village Green – Selection of Preferred Tenderers T17/2014

14. Ordinary Meeting of Council 9 September 2014 - GB.5 – Lindfield Village Green – Confirmation of Preliminary Scope of Works, Project Budget and Program

15. Ordinary Meeting of Council 7 October 2014 - GB.8 - Update Report on the Development Contributions System

16. Ordinary Meeting of Council 4 April 2014 - GB.11 - Update Report on the Development Contributions System

17. Ordinary Meeting of Council 10 December 2013 - GB.19 - Lindfield Village Green - Tryon Road - Project Update

18. Ordinary Meeting of Council 13 August 2013 - GB.6 - Update Report on the Development Contributions System

Risk Management

The intention of running a two stage tender is to entice quality contractors (such as Tier 2 Construction Companies) to enter the tender. The EOI calls for non–financial submissions and is therefore less time consuming than a full (one stage) tender. Companies that are pre-qualified are more likely (but not assured) to enter the more demanding financial tender (stage 2). This process, although more time consuming for Council, is considered to de-risk the project somewhat by procuring a quality builder.

Financial Considerations

This project is identified in Council’s Long Term Financial Plan and listed in Council’s Revised Delivery Program 2018 - 2021. The Operational Plan 2018 - 2021 identifies funds in the Capital Works Program & Operational Projects 2018/2019 and 2019/2020.

Social Considerations

The provision of additional community infrastructure, providing both outdoor and indoor community spaces will ensure that Lindfield Village Green becomes a vibrant and popular place to live and recreate for all ages.

Environmental Considerations

There are no environmental issues arising from this report. All environmental impacts have been considered as part of the DA and are included within the approved documentation.

Community Consultation

Community engagement and consultation is an integral component of the ‘Activate Lindfield’ initiative and Lindfield Village Green project delivery. Multiple highly successful engagement activities have been undertaken since project inception in February 2014.

The community have had their opportunity to comment on the proposal through the DA notification process.

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

The Major Project Advisory Committee (MPAC) raised concern that ‘quality’ builders may not enter an open tender due to the overly onerous nature of such applications and the unlikelihood of winning.

Major Projects Steering Committee (MPSC) considers that the best way to procure a quality builder is to run a two stage tender commencing with an EOI.

Recommendation:

That Council approves a two stage tender commencing with an EOI to shortlist the preferred contractors for construction of the Lindfield Village Green project.

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 11 June 2019	GB.6 / 133

Item GB.6	S12263

Creative Arts Facilities Options Report

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval to place the draft Kur-ring-gai Creative Arts Facilities Options Report on public exhibition.

background:	Part 1of the Ku-ring-gai Community Facilities Strategy was adopted by Council at the OMC on 4 December, 2018. This Strategy provides a sound basis for a strategic approach to facilities planning, particularly in relation to libraries and community centres. In adopting Part 1, Council has identified a need to develop Part 2, which specifically deals with dedicated cultural sector facilities, purpose designed to meet the needs of the performing and visual arts and the rapidly emerging Creative Industries within the Ku-ring-gai Local Government Area (LGA).

comments:	Council has resolved to move forward with a number of projects, including the renewal of Marian Street Theatre, and the Lindfield, Gordon and Turramurra Hubs. It is therefore timely for Council to prepare a strategy to guide the future provision of creative arts facilities, visual arts (photography, painting, sculpture, printmaking, and film), performance (dance and music) and exhibition space.

recommendation:	That Council place the draft Creative Arts Facilities Options Report on public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.

Purpose of Report

To seek Council approval to place the draft Kur-ring-gai Creative Arts Facilities Options Report on public exhibition.

Background

Council prepared an LGA-wide Community Facilities Strategy in 2009 which was used as the basis for preparing the cultural facilities work program component of the Ku-ring-gai Development Contributions Plan 2010.

Following public exhibition a revised and updated Strategy was reported to Council at its meeting on 4 December 2018. Council adopted Part 1 – Ku-ring-gai Community Facilities Strategy for the LGA which sets out a spatial arrangement for the provision of flexible, multi-purpose community centres and libraries over the next 20 years. This strategy includes the concept of a centrally located sub-regional hub in Gordon; district hubs in the local centres of Turramurra, Lindfield and St Ives; and small community centres in the neighbourhood centres on the eastern and western edges of the LGA.

The Community Facilities Strategy foreshadows the need to look at facilities that cater specifically for the arts which includes visual arts (photography, painting, sculpture, printmaking, film) and performance (drama, ballet, music). The preparation of a Creative Arts Facilities Strategy constitutes Part 2 of the Ku-ring-gai Community Facilities Strategy. It is important that Council identifies facility provision which meets the needs of the local community while not duplicating or competing with the existing range of facilities in surrounding municipalities, such as the Concourse in Chatswood, Glen Street Theatre, Gallery Lane Cove or the Grace Cossington Smith Gallery.

Some of the issues and opportunities that have been identified in past studies include the following:

· That there are few dedicated spaces that can be used for large visual/creative arts groups within the LGA. The Ku-ring-gai Art Centre is at capacity and has limited or no opportunity for future growth;

· Council does not have a built-for-purpose gallery space. The Ku-ring-gai Art Centre has a small exhibition space however artists are frequently required to use other private spaces to meet their needs;

· Council does not have a Heritage Resource Centre that provides easy access to information;

· based on consultation feedback, it is apparent that many practicing artists utilise studio space outside of the LGA due to a lack of available space locally;

· the film making/multi media sector is a growing industry in Australia and therefore some purpose built facilities should be considered;

· Council currently does not provide sound recording studios for local musicians; and

· the provision of low cost studio spaces can also promote and support artist-in-residence programs.

Comments

In late 2018, Council engaged Brecknock Consulting Pty Ltd, in conjunction with Andrew Bleby & Associates, to prepare a report exploring options for providing creative arts facilities (henceforth the Study). Brecknock Consulting are a leading cultural planning consultancy, with extensive national and international experience in stakeholder engagement and the preparation of similar strategies. Andrew Bleby has over 35 years’ experience and an extensive record of success in senior management of the performing arts, theatre, festivals and events.

The purpose of the Study is to further refine and understand the cultural and creative character of the LGA and the community’s need for creative arts facilities across the LGA; explore options for the locations of facilities across the LGA; considering both existing buildings and new buildings (if required). The Study also considers the needs of the arts in relation to both spaces where artists can learn about and create their artwork and spaces where they can showcase their artwork through exhibitions and performances, such as drama, music and dance.

The study undertook:

· a survey of existing creative arts facilities;

· a review of relevant studies and plans;

· consultation with stakeholders across the visual and performing arts;

· assessment of options for facilities required to meet current and anticipated future needs for the creative arts; and

· a review of alternative proposals for the future of the Ku-ring-gai Art Centre (such as to rebuild on the current site; to transfer the extent of facilities and programs to the proposed Gordon Hub; and/or to retain the current facility).

The Study is provided in Attachment A1- Draft Creative Arts Facilities – Options Report. The three (3) options considered for the overall provision of creative arts facilities across the LGA are:

1. Option 1 – Consolidate in two facilities. Consolidate all creative arts activities in two facilities – the Marian Street Theatre and the proposed Gordon Hub. This option involves the refurbishment of Marian Street Theatre (MST), the building of a Cultural Hub in Gordon and the relocation of the Ku-ring-gai Art Centre into the Gordon Hub. This option requires the consolidation of visual art activity at the proposed Gordon Hub;

2. Option 2 – Retain & Consolidate. Consolidate all creative arts activities into three facilities – namely the Marian Street Theatre, the Ku-ring-gai Arts Centre and the proposed Gordon Hub. In this Option the performing arts facilities remain consistent between the Marian Street Theatre and Gordon Hub as per Option 1. For the visual arts, Option 2 would provide an art gallery and associated spaces at the Gordon Hub while the Ku-ring-gai Art Centre would continue to provide the range of visual arts activities that it currently delivers.

3. Option 3 – Multiple Facilities. Consolidate all creative arts activities into three primary facilities augmented by smaller facilities for specific creative arts activities.

An expanded summary of the three options is included in Attachment A2 – Summary of Options.

Each of the above options have been assessed on the basis of the range of spaces and type of activity that could be provided across the art forms. This is followed by an analysis of the strengths, weaknesses, opportunities and threats (SWOT) of each option.

The study finds that, on balance, Option 3 is the preferred option, as it delivers three ‘flagship’ venues, whilst supporting additional lower scale, dedicated facilities that meet the needs of specific areas of creative arts practice across the LGA.

Additional facilities may include:

· a professional standard music rehearsal and recording studio to augment the basic recording activities (suggested location - existing Fitz Youth Centre in St Ives);

· a new art workshop complex for artists in residence and equipped with state of the art ceramics, printmaking and sculpture facilities and equipment (suggested location - St Ives Showground); and

· a new ‘co-working’ spaces and ‘maker’ spaces for the creative industries, including digital and new media resources in the Lindfield and Turramurra Community Hubs.

Staff Commentary

A staff review of the options report finds that while Option 3 may be preferred from a user’s point of view it raises a number of issues:

· a dispersed model is somewhat contrary to Council’s adopted position of consolidating facilities into hubs;

· a dispersed model may be harder to fund given the assumption to date has been to consolidate facilities into the Gordon Hub which, given the scale of the project, has the greatest capacity to fund the new facilities;

· delivery of the additional facilities is funding dependant and will be subject to phasing, it will therefore be important to manage community expectations in this regard; and

· further work is required before a final Strategy can be developed in particular concept designs of facilities and costings and operational costs.

integrated planning and reporting

Ku-ring-gai has a long history of support for arts and cultural pursuits. Art, music and literature have historically and continue, to play an important role in community life in Ku-ring-gai. The community, with Council assistance, actively promotes social inclusion through programs, events and organisations in the areas of visual and performing arts, music and food along with the celebration of our cultural heritage. Many of Ku-ring-gai’s current facilities are not designed for the diverse needs of contemporary performance, arts and cultural interests. Council will continue to plan for venues that can cater for a diverse range of cultural events. At the same time we will need to equitably manage competing demands for services and access to community facilities.

Theme 1 – Community, People and Culture

Theme 3 – Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1: A community that embraces healthier lifestyle choices and practices.

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

C4.1.1.2: Deliver and support programs and events that improve the wellbeing of the community.

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 Creative Arts Facilities Options Report responds to the following planning priorities within the North District Plan.

Planning Priority N3 –

Providing services and social infrastructure to meet people’s changing needs. The design and management of open space/culture spaces and the public realm need to consider the needs of children and younger people.

Planning Priority N4 –

Fostering healthy, creative, culturally rich and socially connected communities. Co-locating artistic and creative organisations will support creative enterprises and precincts. This requires planning for multi-functional and shared spaces with opportunities for artists and makers to live, work, exhibit, sell and learn locally. Support for a range of creative enterprises and opportunities for cultural expression will expand arts and cultural institutions and encourage audience and artist participation.

Planning Priority N6 –

Creating and renewing great places and local centres and respecting the District’s heritage. Integrate and support arts and creative enterprise and expression. Augment or provide community facilities, services, arts and cultural facilities.

Risk Management

The most significant risk to Council is either an uncoordinated response, or no response, to the growing demand for creative arts facilities. It is essential that creative arts facilities are provided of a size that will meet the long term needs of users and are in locations that will ensure equitable access to residents in all parts of the LGA.

Financial Considerations

Council resolved on 8 May 2018 to undertake the renewal of Marian Street Theatre (MST) and to allocate funds to the project in the long term financial plan (LTFP).

Capital and operational costs of a new cultural facility as part of the Gordon Hub will be funded by residential and commercial development using the same financial model that is being used for the Lindfield and Turramurra Hubs. The financial details will be developed as part of the preparation of a master plan for this project.

The proposal for new ‘co-working’ spaces and ‘maker’ spaces for the creative industries including digital and new media resources could be incorporated into the existing program of the proposed community facilities within the Lindfield and/or Turramurra Community Hubs at no significant extra cost to Council.

Potential funding for improvements to the Ku-ring-gai Arts Centre and additional facilities proposed as part of Option 3 (professional standard music rehearsal and recording studio & a new art workshop complex for art ceramics, printmaking and sculpture) require further investigation as part of a final Strategy.

Social Considerations

Council recognises that there is a need to review and plan for the provision of dedicated facilities for the creative arts. The Community Strategic Plan 2038 notes that:

Many of Ku-ring-gai’s current facilities are not designed for the diverse needs of contemporary performance, arts and cultural interests. Council will continue to plan for venues that can cater for a diverse range of cultural events. At the same time there will be the need to equitably manage competing demands for services and access to community facilities.

Successful creative arts facilities provide gathering places for people and can be the 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 places that help engender a sense of place and distinctive community identity.

Environmental Considerations

Contemporary creative arts facilities can be 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. The sustainable design of creative arts facilities can include newly constructed facilities or be incorporated into the upgrades or renovations of existing buildings. Sustainability initiatives can include rainwater harvesting, solar panels, energy efficiency lighting and stormwater treatment. All environmental impacts will be carefully considered as part of the future design process of any proposed new or refurbished creative arts facilities within the LGA.

Community Consultation

Stakeholder consultation was undertaken to inform the preparation of the Study. The process involved the identification of a comprehensive list of individuals and groups from both the performing and visual arts. Facilitated workshops with key individuals and user groups were conducted by Brecknock Consulting on 11 and 12 February, 2019.

Key findings from the stakeholder consultation included, but are not limited to:

Existing Facilities in Ku-ring-gai:

· stakeholders reported that while there is a good range of community facilities for amateur and entry level activities in the LGA, there are often issues regarding the cost, lack of storage and limited parking available;

· it was reported that it is not always easy to find a space to book at the times required and that Council could improve the information available on its website regarding facilities and their suitability for cultural activities to help groups to more easily find the right spaces for their needs;

· there are a range of non-Council facilities that community groups utilise for cultural activities, including school and religious buildings, however these venues often have a range of access issues limiting the usefulness of the venues;

· performing arts groups currently using Ku-ring-gai Town Hall such as the Ku-ring-gai Youth Orchestra reported that while the venue provided a good home for their rehearsals it was not suitable for performances due to the lack of parking and poor accessibility based on its location. There is no suitable large scale performance spaces (i.e. 400 seat auditorium) within Ku-ring-gai;

· dance groups reported that there is currently a lack of spaces with timber or ideally sprung floors and mirrored walls best suited for dance rehearsals;

· visual arts participants highlighted the importance of the Ku-ring-gai Art Centre as a teaching and exhibition space which is used by residents from across the LGA and from surrounding suburbs; and

· a number of groups consulted utilise, or would like to utilise, facilities in surrounding Council areas, including the Concourse and Zenith Theatre in Chatswood but affordability is a major issue for not for profit groups or small for profit arts businesses.

Future Facility Opportunities:

· across all groups consulted there appears to be strong support for a central cluster of purpose built cultural facilities in Gordon to meet the performance needs of music and dance and exhibition facilities of a professional standard;

· there was less support for artists' studios/workshops in a Gordon Hub concept, as the preference generally considered having a number of art spaces distributed across the LGA to improve accessibility and provide a diversity of dedicated spaces;

· visual arts groups believe there would be sufficient demand for a second Arts Centre in the northern region of the LGA, potentially with a purpose built area for professional/amateur activities such as ceramics, glass, sculpture and printmaking. The potential to develop such a facility in St Ives Showground was suggested;

· discussion regarding Marian Street Theatre supported the concept of it being a vibrant performing arts facility meeting, where possible, the needs of not only theatre, but also some music and dance activities, including training, rehearsal and performance; and

· it was suggested that the Fitz Youth Centre in St Ives could be expanded to provide a sound recording facility suitable and accessible for both young bands and professional musicians.

Internal Consultation

A workshop with key Council staff responsible for managing existing centres and creative arts facilities throughout the Ku-ring-gai LGA was facilitated by Brecknock Consulting on 11 February, 2019.

A Councillor Briefing was held on 9 April, 2019. Brecknock Consulting presented the draft findings of the Study, including contextual background information on Council’s existing facilities, other facilities in the region and the consultation undertaken to date with Council staff and residents involved in a broad range of art practices including music, theatre, dance and the visual arts.

Summary

The Study analyses three options for the overall provision of creative arts facilities across the LGA:

· Option 1 – Consolidate in two facilities – this option would serve both the visual and performing arts to an adequate standard while not necessarily covering all the potential creative arts activities into the future. For the visual arts Option 1 is not considered ideal because it would require the proposed Gordon Hub to house all the visual arts activities, including the need for painting/drawing, printmaking, ceramics and sculpture workshops; all of which are inherently ‘dirty and noisy’ activities that ideally would be undertaken in a workshop environment and may not be compatible with a new cultural hub.

· Option 2 – Retain & Consolidate – this option would serve both the visual and performing arts to an adequate standard while not necessarily covering all the potential creative arts activities into the future. The visual arts community would most likely prefer to retain the Ku-ring-gai Art Centre for the creative and teaching activities rather than see it integrated into the proposed Gordon Hub.

· Option 3 – Multiple Facilities – this option proposes the expansion of creative arts facilities beyond the three (3) primary venues in order to create greater flexibility and to capture activities that are not necessarily a good fit in the Gordon Hub. The additional facilities proposed in this option could be developed in the short to medium term (when funding becomes available), prior to the construction of the Gordon Hub and would assist with some dispersal of facilities across the LGA.

A staff review of the options report finds that while Option 3 may be preferred from a user’s point of view it raises a number of issues that will require further consideration:

· a dispersed model is somewhat contrary to Council’s adopted position of consolidating facilities into hubs;

· delivery of the additional facilities is funding dependant and will be subject to phasing to ensure community expectations are managed; and

· further work is required to prepare more detailed designs of facilities and costings and operational costs before a final Creative Arts Facility Strategy can be prepared.

Recommendation:

That Council places the draft Creative Arts Facilities Options Report on public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.

Louise Drum

Project Coordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Draft Creative Arts Facilities Options Report		2019/124621
	A2⇩	Summary of Options		2019/152527

Ordinary Meeting of Council - 11 June 2019	GB.7 / 196

Item GB.7	S12062-3

RFT 06-2019 Marian St Theatre - Design Consultant Services

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the Tenders received for Tender No.06-2019 - Marian Street Theatre – Design Consultant Services and to seek approval to carry out the actions outlined in the recommendations A to D.

background:	At its meeting of 12 March 2019, Council in part, resolved: A. That Council approves a capital funding budget of $10.5m for refurbishment of the Marian Street Theatre. B. That Council staff commence tender documentation for procurement and award of architectural design services to detail the refurbishment of the Marian Street Theatre working within the approved budget. Council previously held an EOI and approved pre-qualification of a panel of Design Consultants. This report covers the call for tender (following the EOI) for Design Consultant Services to document the Marian Street Theatre in preparation for lodging a DA to gain development consent.

comments:	Tender documents were released through Tenderlink on 11 April 2019 and closed 14 May 2019. Three (3) submissions have been received. The submissions were reviewed using the published criteria.

recommendation:	In accordance with Clause 178 of the Local Government Tendering Regulations, it is recommended that Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

Purpose of Report

Background

At its meeting of 12 March 2019, Council resolved:

A. That Council approves a capital funding budget of $10.5m for refurbishment of the Marian Street Theatre.

B. That Council staff commence tender documentation for procurement and award of architectural design services to detail the refurbishment of the Marian Street Theatre working within the approved budget.

C. Council notes that the draft Business Case and Draft Preliminary Feasibility Report will be referred to the Marian Street Theatre Community Reference Committee and the Major Projects Advisory Committee for review prior to further consideration by Council.

Previously, at the Ordinary Council Meeting of 8 August 2017, concerning pre-qualification of a panel of Architects through an Expression of Interest process (EOI 11-2017 Design Consultant Services), Council resolved:

A. That Council accept the submissions from the selected applicants as set out in the Tender Evaluation Report (Confidential attachment A1) to be part of a pre-qualified panel that will then be given the opportunity to enter “Select tender” and “quotation” processes, which will include financial bids, in order to be awarded design consultancy projects.

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

The EOI was conducted due to concern that ‘high quality’ architects are not inclined to enter Council run open tenders due to the overly onerous nature of such applications being the time and cost of making a submission and the unlikelihood of winning. The EOI was highly successful (with over 40 applications) resulting in a shortlisted panel of exemplary architectural practices.

This report deals with a tender conducted using the approved pre-qualified panel following

EOI 11–2017.

Comments

Three (3) tenders were received and recorded in accordance with Council’s tendering policy. In alphabetical order (which is not necessarily the order presented in Confidential Attachment A1), tenders were received from the following companies:

· Allen Jack & Cottier Architects Pty Ltd

· Olsson & Associates Architects Pty Ltd

· Tonkin Zulaikha Greer Architects Pty Limited

A Tender Evaluation Committee (TEC) consisting of staff from the Operations Department and Strategy and Environment Department was formed to assess the tenders received. The evaluation took into account:

· conformity of submission;

· appreciation of the task;

· company and staff experience; and

· value for money.

integrated planning and reporting

Community, People and Culture - C4 Healthy lifestyles

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

Tender documents were released through Tenderlink on 11 April 2019 and closed 14 May 2019. At the close of tender, three (3) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Committee consisting of staff from the Operations Department and Strategy and Environment Department reviewed the three (3) tenders received. The process was overseen by a Probity Adviser from the Contracts & Procurement Department.

The Confidential Attachment A1 to this report includes the list of tenders received and the TEC’s comments and recommendation. The attachment is considered to be confidential in accordance with Section 10A (2)(d)(iii) of the Local Government Act as it is considered to contain commercial in confidence information.

Risk Management

All three (3) submissions were considered conforming and were therefore fully assessed so that the applicant best representing ‘value for money’ to Council could be ascertained.

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 is to be funded by asset sales.

A project account (cost centre) has been established with the Finance Department. Sufficient funds are already available for the project to progress into the design phase to achieve consent for development (Development Application).

Subject to asset sales proceeding, Council can make a decision about the timing of construction after the receipt of development consent.

Social Considerations

The provision of additional community infrastructure, providing both indoor and outdoor community spaces will ensure that the Marian Street Theatre becomes a vibrant and popular place to meet and recreate 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 DA 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 has established a Marian Street Theatre Committee Reference Group of which the first meeting was held 14 November 2018. The reference group consists of Councillors, members of the Save Marian Street Theatre Committee, theatre and arts cultural specialists, and members of the community. This committee has an ongoing role of informing the direction and outcomes of the rejuvenated theatre. It is anticipated that the winning architects from this tender will meet with the committee shortly after their appointment.

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

Council have previously approved a capital funding budget for refurbishment of the Marian Street Theatre.

Following EOI11-1017, tender documentation to procure Design Consultant Services was produced with tenders being called on 11 April 2019 and closed 14 May 2019.

At the close of tender, three (3) tenders were received.

All submissions were recorded and reviewed in accordance with Council’s tendering policy. Following the evaluation, it is recommended that Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

Recommendation:

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

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

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

D. That all tenderers be advised of Councils decision in accordance with Clause 178 of the Local Government Tendering Regulations.

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:

Tender Evaluation Report

Confidential

Ordinary Meeting of Council - 11 June 2019	GB.8 / 201

Item GB.8	RFT3-2019

Tender RFT3-2019 - Lindfield Village Green Project Management Services

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Project Management Services for the construction of the Lindfield Village Green and to appoint the preferred tenderer.

background:	Council approved funding for the Lindfield Village Green. This project is now approaching construction stage and it is appropriate to appoint an external Project Manager to assist in contract administration during the construction period. Tender documents were released through Tenderlink on 20^th March 2019 and closed on the 10^th April 2019.

comments:	Council received four (4) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the Tender submitted by Tenderer ‘A’.

Purpose of Report

To consider the tenders received for Project Management Services for the construction of the Lindfield Village Green and to appoint the preferred tenderer.

Background

Council approved funding for the Lindfield Village Green. This project is now approaching construction stage and it is appropriate to appoint an external Project Manager to assist in contract administration during the construction period. Tender documents were released on 20^th March 2019 and closed on the 10^th April 2019.

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

Comments

Four (4) tenders were received and recorded in accordance with Council’s tendering policy. Tenders were received from the following companies in no particular order:

· AECOM Australia Pty Ltd

· Cadence Australia Pty Ltd

· Savills Project Management Pty Ltd

· TSA Management

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the four (4) tenders received. The evaluation considered:

· Conformity of submission

· lump sum fee,

· Relevant Company experience

· Staff experience and suitability

· Availability and capability due to current commitments

· Risk

· Work Health and Safety

· Company’s financial capacity.

Confidential attachments to this report include:

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

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

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing the best value for money to Council.

An independent Performance and Financial Assessment was carried out by Corporate Scorecard Pty Ltd. Tenderer ‘A’ was identified as having the capability to undertake the tendered works.

integrated planning and reporting

Revitalisation of our Centres P4.1. Part of the Community Strategic Plan Long Term Objective Delivery Program. Term Achievement Operational Plan Task P4.1.2.

A program is being implemented to revitalise local centres achieving quality design and sustainability outcomes in collaboration with key agencies, landholders and the community.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

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

Commence construction of the Lindfield Village Green

Finalise the design and complete documentation ready for tender for construction

Governance Matters

Tender documents were prepared and released through Tenderlink on 20^th March 2019 and closed on 10^th April 2019. At the close of tender, four (4) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the four (4) tenders received. The evaluation considered:

· Conformity of submission

· lump sum fee,

· Relevant Company experience

· Staff experience and suitability

· Availability and capability due to current commitments

· Risk

· Work Health and Safety

· Company’s financial capacity.

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

Risk Management

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

· That the work needed to be carried out by a suitably qualified company with staff experience in Project Management of large construction projects.

· Availability and Capability – The company be available for the complete life cycle of the project.

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

The evaluation included an independent Performance and Financial Assessment of Tenderer ‘A’ by Corporate Scorecard Pty Ltd. As part of the independent Financial and Performance Assessment the following areas were examined:

· That Tenderer ‘A’ has the financial capacity to undertake the proposed value of work.

· That Tenderer ‘A’ has been trading in a profitable and responsible manner during the last three (3) years; and was rated 7 out of 10 by Corporate Scorecard.

· That Tenderer ‘A’ has sufficient assets/reserves to cover all possible debts during the period of work.

The financial aspect of the assessment shows Tenderer ‘A’ is able to satisfy all requirements and is unlikely to expose Council to any financial risk if awarded the tender as detailed within Council’s tender documents.

Financial Considerations

The Project Management Services will be funded within the approved budget for the Lindfield Village Green Project.

Social Considerations

On completion, the proposed work will provide a facility which is in line with Council’s Community Strategic Plan 2030 and the Plan’s long term directions including the objective to have a community embrace healthier lifestyle choices and practices; and to provide quality open space, community and recreational facilities to meet the needs of a changing community.

Environmental Considerations

Not applicable

Community Consultation

Not applicable

Internal Consultation

Not applicable

Summary

Tender RFT3-2019 Lindfield Village Green Project Management Services was released on 20^th March 2019 with a closing date of 10^th April 2019.

A Tender Evaluation Panel was formed consisting of representatives from the Operations Department. Council received four (4) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation and an independent performance and financial assessment, it is recommended that Tenderer ‘A’ be appointed on the basis of providing the best value for money to Council.

Recommendation:

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Project Management for the life cycle of the construction of the Lindfield Village Green.

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

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

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

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	List of Tenderers		Confidential
	A2	Tender Evaluation Report and Recommendation		Confidential

Ordinary Meeting of Council - 11 June 2019	GB.1 / 11

Item GB.1	CY00458/7