Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 23 July 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

Documents Circulated to Councillors

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 confidential attachments to the following General Business reports:

GB.1 – LVH Planning Proposal

In accordance with section 10(2)(c)

Attachment A1: LVH - Summary of the Feasibility Report(2)

Attachment A2: LVH - CBRE - Commercial Appraisal 130619(2)

Attachment A3: Feasibility - KPMG - Project Outputs Analysis(2)

Attachment A4: Feasibility - KPMG - Market Report(2)

Attachment A5: LVH - MPAC Report with MPU Responses - 1 July 2019(2)

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 7

File: S02131

Meeting held 25 June 2019

Minutes numbered 110 to 123

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 LVH Planning Proposal 17

File: S12165-7-3

To propose that Council endorse lodgement of a Planning Proposal seeking to amend the KLEP (LC) 2012 with respect to the height and Floor Space Ratio (FSR) provisions at the Lindfield Village Hub site.

To provide Council with an overview of the intended effect and rationale for seeking the proposed amendments

For Council to note the requirement to retain Lot 3 of DP 1226294 as part of the project site area.

Recommendation:

A. That Council endorse lodgement of a Planning Proposal seeking to amend the Ku-ring-gai LEP (Local Centres) 2012 as it applies to the Lindfield Village Hub site.

B. That Council note the proposed amendment of Part 14E of the KDCP (LC) 2012 to reflect the Planning Proposal.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council authorise the General Manager to finalise the Planning Proposal.

GB.2 Minutes of Audit, Risk & Improvement Committee meeting held on 4 April 2019 34

File: CY00458/7

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meeting held on 4 April 2019.

Recommendation:

Council receives and notes this report.

GB.3 Investment Report as at 30 June 2019 44

File: FY00623

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

Recommendation:

That the summary of investments performance for June 2019 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.4 19th International Cities, Town Centres and Communities Conference - ICTC 2019 53

File: CY00212/11

To inform Councillors of the 19^th International Cities, Town Centres and Communities (ICTC) Conference being held in Townsville, Queensland on 23-25 October 2019.

Recommendation:

That any Councillors wishing to attend the 19^th International Cities, Town Centres and Communities Conference notify the General Manager by Friday 9^th August 2019.

GB.5 Local Government NSW Annual Conference 2019 - Proposed Motions 61

File: S02046/12

To inform Council that no proposed motions for consideration at the 2019 Local Government NSW Annual Conference have been received by the General Manager.

Recommendation:

That Council receive and note this report.

GB.6 Project Status Report - July 2019 64

File: FY00621

To provide Council with the Project Status Report reflecting results for May and June 2019.

Recommendation:

That Council receive and note the Project Status Report for July 2019.

Motions of which due Notice has been given

NM.1 Killara Tennis Club - Regimental Park 74

File: S02467

Notice of Motion from Councillor Kelly dated 20 June 2019

The Killara Tennis Club was founded in 1912. The club has been part of the Ku-ring-gai community in excess of 100 years, encouraging Kur-ring-gai children to learn the game of tennis, playing top grade competition tennis and providing coordinated social tennis for Ku-ring-gai tennis players from the age of 10 to 85.

The club is currently one of the most respected Sydney Badge Competition Tennis clubs on the North Shore of Sydney and through much hard work of its committee the club has steadily grown its membership over the past 15 years in men’s, women’s, families and junior sections. The club is currently a survivor amongst many failing sporting clubs around Sydney.

The members of the Killara Tennis club are keen to see the rich community history of developing the game of tennis in Ku-ring-gai preserved for the next 100 years amongst the intense pressures of high-rise development along the North Shore rail line.

These pressures have adversely affected many Not for Profit sports clubs. These recreational clubs find their land zoned Residential, which does not to protect their longevity amongst the high-rise land values that now exist along the rail corridor. This Residential zoning has placed a substantial rate burden on these not for profit making clubs who are dedicated to developing their chosen sport.

Killara Lawn Tennis Club is no different, 65% of the club’s membership fees goes to pay rates. The club’s rates bill is in excess of $34,000 per year. The future of clubs like Killara needs the active co-operation and support of both Local Councils and State Government to ensure they continue to serve the community for another 100 years.

The Killara Tennis Club currently fields 9 Teams in the Sydney Badge competition in Winter and Spring. Two of these teams each week are forced to play home matches at tennis courts outside our LGA due to the lack of suitable competition-grade courts within Ku-ring-gai. This “scattering” of members on days where home matches are scheduled a long distance away from Killara destroys the sense of community and the caps the club’s ability to develop the membership.

Part of the reason for this dilution of teams playing away from Killara is that Council courts within Ku-ring-gai do not have a surface of sufficient quality for Sydney Badge Grade competition tennis. Many of the Council courts are also shaded by trees and many are not of competition size.

The Killara Tennis Club has identified Regimental Park, a currently under-utilized tennis facility managed by Council and owned by Sydney Water as an ideal venue to play competition tennis. Regimental Park is located some 800 meters from the Killara Lawn Tennis Club. Regimental Park is also the home of Killara Croquet Club.

The Regimental Park courts are well fenced, provide competition-sized courts that are not shaded by trees. The surface which is currently hard court would require upgrading to a competition grade synthetic grass.

The laying of synthetic grass on hard court is a common practise, the difference in cost between an average synthetic grass surface that Council traditionally installs and a quality competition grade surface is approximately $1,500- $3,000 per court. The higher quality surface being 19mm 3/16 gauge synthetic grass has a longer life, is less slippery and requires less sand than the current grass surface the Council has been laying on other Council courts.

A competition surface is a minimal additional investment that will take the facility to competition level and thereby increase the facility’s occupancy.

To encourage further competition grade tennis to be played in Ku-ring-gai council could do the following:

a. Resurface the Regimental Park courts to competition-grade synthetic grass surface as recommended by Killara Lawn Tennis Club.

b. Enter a co-operation agreement with Killara Lawn Tennis Club in respect to the use of the Regimental Park Courts.

Killara Lawn Tennis Club are currently resurfacing their courts with synthetic grass. The club would be happy to provide technical advice with respect to competition grass surfaces for tennis and current competitive pricing.

I therefore move that Council instruct the Director of Operations to:

A. Suspend the re-surfacing of the tennis courts at Regimental Park, and by end October 2019

B. Report to Council the comparative cost of re-surfacing the Regimental Park courts in a competition-grade surface such as Synthetic Sportsgrass Gandslam

C. Report to Council on the viability of installing an additional synthetic grass court at Regimental Park to facilitate 3 teams playing Saturday Competition Tennis (Competition Tennis matches are played on two courts)

D. Enter discussions with Killara Lawn Tennis Club with a view to developing a cooperation agreement with respect to the Regimental Park courts

Extra Reports Circulated to Meeting

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 25 June 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) Acting Director Operations (Mark Shaw) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Corporate Lawyer (Jamie Taylor) Manager Finance (Angela Apostol) Acting Manager Records and Governance (Peter Doyle) Minutes Secretary/ 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.

110

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/13

Resolved:

(Moved: Councillors Spencer/Clarke)

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

GB.10 – Lovers Jump Creek Floodplain Risk Management Study and Plan – Public Exhibition Submission Review

In accordance with section 10A(2)(a)

Attachment A3: Lovers Jump Creek Floodplain Risk Management Study and Plan Submissions

GB.11 – Tender RFT2-2019 – Supply and Install Ku-ring-gai Council Street Signage

In accordance with section 10A(2)(d)(i)

Attachment A1: RFT2-2019 Tender Evaluation Report

CARRIED UNANIMOUSLY

Address the Council

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

Initial and Name Topic

J Harwood Threatened Species

V Selmes Secret Park Rezone

G Hosier Pedestrian Bridge Lindfield

C Darby Code of Meeting Practice Implications

Councillor Smith withdrew during discussion

Councillor Smith returned

CONFIRMATION OF MINUTEs

111

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 11 June 2019

Minutes numbered 99 to 109

Resolved:

(Moved: Councillors Kelly/Smith)

That Minutes numbered 99 to 109 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

112

The Queen's Birthday Honours 2019

File: S02767

Vide: MM.1

I am pleased to inform you that 15 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2019 Queen’s Birthday Honours.

We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

Major Michael Wells ASKEY RFD ED (Retd) OAM of Turramurra, for service to veterans and their families.

Mr José BLANCO AM of St Ives, for significant service to Australia-Latin America business relations

Dr John Patrick EDMONDS AM of Pymble, for significant service to rheumatology, and to medical research

Mrs Margaret Anne GREEN AM of Pymble, for significant service to veterans and their families, and to nursing

Mr Peter Barton KIRKWOOD OAM of Warrawee, for service to the community of northern Sydney

Mrs Susan Penelope LABORDUS-TAYLOR OAM of St Ives, for service to Australia-Britain relations

Mr Andrew Robert LEVENTHAL AM of Wahroonga, for significant service to geotechnical engineering, and to the community

Mr Donald Alexander MAYES OAM of Pymble, for service to community music

Mrs Parivash MOFID OAM of St Ives, for service to the Persian community of Sydney, and to education

Emeritus Professor John Hurlstone POLLARD AM of West Pymble, for significant service to community music events, and to education

Mrs Kathleen May RIETH OAM of Roseville, for service to community history

Mr Robin Roy SPEED OAM of Pymble, for service to the law

Mrs Jill Elizabeth STEVENSON OAM of North Turramurra, for service to the community through a range of organisations

Ms Lisa Maria SWEENEY OAM of St Ives, for service to the broadcast media, particularly to radio

Emeritus Professor Murray Charles WELLS AO of Lindfield, for distinguished service to higher education, particularly to accountancy, and to business administration

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.

Resolved:

A. That Council acknowledge the outstanding contribution made by these recipients of The Queen’s Birthday Honours 2019 to the Ku-ring-gai community and to the well-being of our society.

B. That the Mayor, on behalf of Council, write to the recipients to congratulate them.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

113

Local Government NSW Annual Conference 2019 - Registration and Voting Delegates

File: S02046/12

Vide: GB.1

For Council to determine its voting delegates for the Local Government NSW Annual Conference 2019.

Resolved:

(Moved: Councillors Szatow/Kelly)

That:

A. Any councillors interested in attending the Local Government NSW Annual Conference 2019 should notify the General Manager by Monday 15 July 2019; and

B. The voting delegates in respect to motions will be the first seven (7) Councillors who advise the General Manager after the meeting that they wish to be a voting delegate

C. The voting delegates for the election of Office Bearers and the Board will be the first six (6) Councillors who advise the General Manager after the meeting that they wish to be a voting delegate

CARRIED UNANIMOUSLY

114

Investment Report as at 31 May 2019

File: FY00623

Vide: GB.3

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

Resolved:

(Moved: Councillors Szatow/Pettett)

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

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

CARRIED UNANIMOUSLY

115

Mayor and Councillor Fees - 2019/2020 Local Government Remuneration Tribunal Report and Determination

File: S11705

Vide: GB.4

To determine the Mayor and Councillor fees for the 2019/2020 financial year.

Resolved:

(Moved: Councillors Szatow/Kelly)

That effective 1 July 2019:

A. the annual Councillor fee be set at $25,790; and

B. the annual Mayoral fee to be set at $68,530 in addition to the Councillor fee.

CARRIED UNANIMOUSLY

116

Panel Of Native Title Managers

File: S11976

Vide: GB.6

To seek Council’s endorsement of use of the NSROC Native Title Manager Advisory Panel, to facilitate Council compliance with the requirements of Crown Land Management Act 2016 (CLM Act) and Commonwealth Native Title Act 1993 (NT Act).

Resolved:

(Moved: Councillors Szatow/Kay)

A. That Council endorse use of the NSROC Native Title Manager Advisory Panel, to facilitate Council compliance with the requirements of Commonwealth Native Title Act 1993 and Part 8 of the Crown Land Management Act 2016.

B. That Council accepts organisations prequalified through the current and subsequent procurement process by NSROC in establishing the NSROC Native Title Manager Advisory Panel for the period ending 30 June 2021, subject to any extension options agreed by NSROC.

C. That the Mayor and General Manager be authorised to execute all documents necessary on Council’s behalf.

CARRIED UNANIMOUSLY

117

St Johns Avenue Streetscape Improvements

File: S12238

Vide: GB.7

To seek Council approval to progress the concept design of St Johns Avenue Streetscape upgrade for public exhibition.

Resolved:

(Moved: Councillors Szatow/Clarke)

That:

A. Council adopts the concept design for the St Johns Avenue Streetscape Upgrade for public exhibition.

B. Following public exhibition the matter is reported back to Council.

CARRIED UNANIMOUSLY

118

Re-adoption of amendment to the Ku-ring-gai Development Control Plan for land at Killara Golf Club

File: S11324

Vide: GB.8

For Council to reaffirm its previous resolution to adopt the amendment to the Ku-ring-gai Development Control Plan Part 14C and Part 18C as presented and previously adopted on 27 November 2018.

Resolved:

(Moved: Councillors Szatow/Clarke)

A. That Council formally re-adopt the Ku-ring-gai Development Control Plan amendment to Part 14C and Part 18R – Killara Golf Course, as adopted at OMC 27 November 2018 as reiterated below:

1. That Council adopt the Ku-ring-gai Development Control Plan amendment associated with the Planning Proposal, subject to the amendments in the OMC 27 November 2018 Report and Attachments.

2. That the adopted Ku-ring-gai Development Control Plan be forwarded to the Department of Infrastructure and Planning in accordance with the Environmental Planning and Assessment Regulation 2000.

CARRIED UNANIMOUSLY

119

Flood Risk Management Committee Minutes June 2019

File: S10746

Vide: GB.9

For Council to consider and note the Minutes of the Flood Risk Management Committee meeting held on 5 June 2019.

Resolved:

(Moved: Councillors Szatow/Clarke)

That Council receives and notes the Minutes of the Flood Risk Management Committee meeting held on 5 June 2019.

CARRIED UNANIMOUSLY

120

Lovers Jump Creek Floodplain Risk Management Study and Plan - Public Exhibition Submission Review

File: S09972

Vide: GB.10

To review the submissions received as a result of the Draft Lovers Jump Creek Floodplain Risk Management Study and Plan public exhibition and endorse the updated Study and Plan.

Resolved:

(Moved: Councillors Szatow/Greenfield)

A. That Council adopts the Lovers Jump Creek Floodplain Risk Management Study and Plan, with the amendments and corrections detailed in this report.

B. That a copy of the final Lovers Jump Creek Floodplain Risk Management Study and Plan be placed on Council’s website.

C. That Council acknowledges the formal submissions made on the Draft Lovers Jump Creek Floodplain Risk Management Study and Plan and responds to the authors with the outcomes.

CARRIED UNANIMOUSLY

121

Tender RFT2-2019 - Supply and Install Ku-ring-gai Council Street Signage

File: RFT2-2019

Vide: GB.11

To consider the tenders received for Supply and Install Ku-ring-gai Council Street Signage and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Spencer)

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Supply and Installation Ku-ring-gai Council Street Signage.

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

122

Local Government NSW Annual Conference 2019 - Call for Motions

File: S02046/12

Vide: GB.2

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

G Hosier

To advise Council of an invitation from Local Government NSW (LGNSW) to submit motions to the 2019 Local Government NSW Conference.

Resolved:

(Moved: Councillors Spencer/Clarke)

That:

A. Councillors provide any proposed motions for submission to the 2019 Local Government NSW to the General Manager by Friday, 5 July 2019; and

B. A report providing details of any proposed motions be referred to Council at its meeting on 23 July 2019 for approval prior to submission to LGNSW.

CARRIED UNANIMOUSLY

123

Draft Revised Delivery Program 2018-2021 and Operational Plan 2019-2020 - Post Exhibition

File: FY00382/11

Vide: GB.5

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

J Harwood

For Council to adopt the Revised Delivery Program 2018-2021 and Operational Plan 2019-2020, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2019-2020.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That Council adopts the Revised Delivery Program 2018 - 2021 and Operational Plan 2019 – 2020, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2019 – 2020, with recommended changes discussed in this report.

B. That an ordinary rate in the dollar of $0.00067694 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2019 to 30 June 2020.

C. That an ordinary rate in the dollar of $0.00472110 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2019 to 30 June 2020.

D. That the minimum ordinary rate for both residential and business be set at $540.00 for the period 1 July 2019 to 30 June 2020.

E. That an infrastructure - primary rate in the dollar of $0.00031595 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $278 base amount be made for the period of 1 July 2019 to 30 June 2020.

F. That an infrastructure special rate in the dollar of $0.00003770 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $33 base amount be made for the period of 1 July 2019 to 30 June 2020.

G. That an environmental special rate in the dollar of $0.00007827 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2019 to 30 June 2020.

H. That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5% of total rates and charges in 2019 - 2020.

I. That Council writes to residents who made submissions in relation to the exhibited draft Revised Delivery Program 2018 - 2021and draft Operational Plan 2019 – 2020.

CARRIED UNANIMOUSLY

The Meeting closed at 7.39pm

The Minutes of the Ordinary Meeting of Council held on 25 June 2019 (Pages 1 - 10) were confirmed as a full and accurate record of proceedings on 23 July 2019.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 23 July 2019	GB.1 / 16

Item GB.1	S12165-7-3

LVH Planning Proposal

EXECUTIVE SUMMARY

purpose of report:	To propose that Council endorse lodgement of a Planning Proposal seeking to amend the KLEP (LC) 2012 with respect to the height and Floor Space Ratio (FSR) provisions at the Lindfield Village Hub site. To provide Council with an overview of the intended effect and rationale for seeking the proposed amendments For Council to note the requirement to retain Lot 3 of DP 1226294 as part of the project site area.

background:	Council has adopted project objectives for the Lindfield Village Hub which include the requirement for the project to be ‘self-funding’ (OMC 14 August 2018). Council has also acknowledged that it is not feasible to proceed with the adopted masterplan which has a Floor Space Ratio (FSR) of 1.3:1. (OMC 26 June 2018) Council has been advised that site controls approaching an FSR of 2.5:1 would be required to meet Council’s financial requirements for the Lindfield Village Hub and deliver the community infrastructure and services identified in Council’s adopted masterplan. (OMC 26 June 2018)

comments:	Between June 2018 and May 2019 Council investigated the potential to accommodate further height and density on the Lindfield Village Hub site.

recommendation:	A. That Council endorse lodgement of a Planning Proposal seeking to amend the Ku-ring-gai LEP (Local Centres) 2012 as it applies to the Lindfield Village Hub site. B. That Council note the proposed amendment of Part 14E of the KDCP (LC) 2012 to reflect the Planning Proposal. C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area. D. That Council authorise the General Manager to finalise the Planning Proposal.

Purpose of Report

To provide Council with an overview of the intended effect and rationale for seeking the proposed amendments

For Council to note the requirement to retain Lot 3 of DP 1226294 as part of the project site area.

Background

Lindfield Village Hub is a site located in the Lindfield Local Centre and comprises land at 1 Woodford Lane, 2-12 Bent Street, 1B Beaconsfield Parade, 19 Drovers Way, Drovers Way Road Reserve and Woodford Lane Lindfield. It is subject to the planning controls of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP (LC) 2012).

Council has adopted project objectives for the Lindfield Village Hub which include the requirement for the project to be ‘self-funding’ (OMC 14 August 2018). Council has also acknowledged that it is not feasible to proceed with the adopted masterplan by SJB Architects, which has a Floor Space Ratio (FSR) of 1.3:1. (OMC 26 June 2018)

Council has been advised that site controls approaching an FSR of 2.5:1 would be required to meet Council’s financial requirements for the Lindfield Village Hub and deliver the community infrastructure and services identified in Council’s adopted masterplan. (OMC 26 June 2018)

In 2018, the Major Projects Unit, on behalf of Council as landowner, engaged an independent planner and financial and urban consultants to investigate the potential impacts and benefits of accommodating further height and density on the Lindfield Village Hub site.

A series of urban planning, economic, transport and environmental studies have been undertaken and these have informed a Planning Proposal, prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979, seeking to amend the height and FSR controls for the site.

Comments

Proposed Amendments to the KLEP (LC) 2012

The Planning Proposal seeks to amend the KLEP (LC) 2012 with respect to the height and floor space ratio provisions at the site. Specifically, the Planning Proposal seeks to:

i. Amend the Floor Space Ratio control from 1.3:1 to 2.5:1

The current control of 1.3:1 was calculated based on a site area which included the area of the road reserves, (i.e. it was a gross figure). It was based on a site area of 1.34ha (13,400m²).

Across the same 1.34ha gross site area, the current proposal would require an allowable FSR of 2.2:1. However typically an FSR control does not include existing road reserves, as they are considered public land. Removing the existing Woodford Lane road reserve from the gross site area provides a site area, for planning calculation, of 1.15ha (11,580m²) The net site area is the basis for the proposed FSR control of 2.5:1.

ii. Amend the maximum building height from 26.5m to three different controls being 27.5m, 39.0m and 49.0m

This will involve a height map which controls where the height on the site will be located.

· The western edge increases to 27.5m, a small increase to the existing controls, and would allow a building of approximately 8 storeys in height

· The southeast quadrant increases to 39.0m and would allow a building of 10 storeys

· The northeast quadrant increases to 49.0m and would allow a building of 14 storeys

iii. Include a provision to allow lift over runs, rooftop plant and rooftop communal open space to be located above the proposed maximum building heights where appropriate.

As part of the urban design analysis supporting the Planning Proposal it was confirmed that due to the significant fall of the site it is likely that some plant and potentially some communal open space will be able to be located on part of the roof tops of the envisaged future buildings and remain under the proposed maximum building heights for those buildings. However, plant and communal open space will not be able to be positioned across all areas of each roof top and remain under the maximum building height control.

In order to provide flexibility in the final design of the buildings at the site, it is proposed that a provision be inserted which would allow plant, lift overruns and communal open space to be positioned on the rooftops of the buildings above the maximum building height control, where justified.

iv. Amend the current additional permissible use provision at Clause 29 in Schedule 1 to allow development for the purpose of attached dwellings at the site.

The Planning Proposal seeks to facilitate the ability to develop attached dwellings in the north-west corner of the site, addressing Bent Street at the proposed intersection with Drovers Way.

The land is currently zoned B2 Local Centre and attached dwellings are not a permissible use in the B2 zone. A modification to the KLEP (LC) 2012 is therefore required to include attached dwellings as an additional permissible use at the corner of Bent Street and Drovers Way.

Amendments to the KDCP (LC) 2012

The Planning Proposal document will include draft amendments to Part 14 E of the Ku-ring-gai Local Centres DCP (KDCP (LC) 2012 as they relate to the Lindfield Village Hub site.

The amendments seek to reflect the proposed provisions set out in the Planning Proposal and the associated Urban Design Report and consequently it is proposed to remove reference to the current adopted Lindfield Village Hub Masterplan.

The proposed DCP will remove the detailed SJB masterplan document from the DCP and amend the provisions of Part 14E to guide the development outcomes for the site.

The proposed DCP will maintain the fundamental public planning outcomes from the site as required by the existing DCP including:

· Provision of the Public Park and its size

· Provision of a library and community centre

· Drovers Way realignment

· Activation at Woodford Lane

· Pedestrian through site links

· Infrastructure improvements

Proposed LEP Maps

The following amendments to the following KLEP (Local Centres) 2012 maps are proposed.

1. Height of Building Map

Table 1 – Proposed heights:

Table 2 – Existing heights:

2. Floor Space Ratio (FSR) Map

Table 3 – Proposed FSR:

Table 4 – Existing FSR:

The Planning Proposal will contain the following reports:

· Urban Design Report prepared by Allen Jack + Cottier (AJC)

· Transport and Traffic Impact Analysis by WSP

· Phase 1 and Phase 2 Contamination Reports

· Community Engagement Activities Report

· Fauna and Flora Report prepared by Ecological Australia

· Economic Report by SGS Economics and Planning

Intended Effect of Amending the Planning Controls

Previous strategic planning work undertaken for the Lindfield Centre has identified a need for new community facilities, cultural destinations, entertainment facilities and open space opportunities to ensure the growing Lindfield community and visitors to Lindfield have sufficient access to a variety of amenities.

The proposed amendments to the planning controls seek to reinforce the delivery of the scale and quality of the community facilities and open space already proposed for the site, by enabling a self-funding approach, as well as increase the intensity of land use possible to provide for additional residential and retail provision.

The intent is to provide a high-quality community asset within a vibrant, activated and economically successful mixed use setting that will provide for the existing and emerging population of residents and visitors to the Lindfield Local Centre.

Whilst this report is about planning controls only, the Planning Proposal is informed by urban design testing and an indicative masterplan prepared by Allen Jack + Cottier (AJC) which incorporates an equivalent amount of community facilities and green open space as the adopted masterplan by SJB Architects.

It is therefore not the intention for the amended controls to result in any reduction to the size or quality of the community components and benefit delivered on the site, as envisioned in the adopted masterplan – that is, the community facility, library, park, public open space and commuter and short stay car parking.

The proposed controls will however support a future masterplan that increases the amount of residential Gross Floor Area (GFA) on the site from 8,700 m², as per the adopted SJB masterplan, to approximately 17,000m². It will also allow a potential increase in the retail amenities from 4,916m² to approximately 8,000m².

Rationale for Seeking Amended Controls

The proposed amendments to the planning controls recognise the continued growth and significant urban renewal of the Lindfield Local Centre towards a medium density residential and mixed use urban hub, centred around the Train and Bus interchange. They respond to community needs analysis and align with local and state policy objectives regarding population growth, changing demographic and lifestyles, employment and sustainability.

The site is ideally located in a strategic context with immediate links to public transport and commercial services. In that context the site is considered to be the most strategically suitable site to accommodate increased scale of residential and retail development within Lindfield, given its location, relative size and consolidated nature.

As such, the proposal to increase the capacity of the existing permissible land uses of the site is considered reasonable and appropriate, subject to detailed consideration of the impacts that such an uplift may have on the physical and economic environment of Lindfield. Minimising impacts on the proposed park and surrounding locality has informed where building height can be accommodated on site.

Specifically, the amended controls will:

i. Enable the planned public infrastructure for the site to be improved through design enhancements and enhanced public open space:

The proposal seeks to rationalise the levels of the planned main northern facing park and plaza. It is envisaged that this will improve the utilisation and enjoyment of future users and enhance the quality of the main park. A new pocket park on the western side of Drovers Way is proposed and will increase the offering of native vegetation at the site and enhance the visual transition between the Hub and the residential properties to the west and north-west.

ii. Enable Council to self-fund the extensive planned public infrastructure for the site:

The proposal will facilitate the delivery of the extensive community infrastructure already planned for Lindfield Village Hub including community facilities, commuter and public carpark and recreational open space, in a self-funded manner. This is a priority of Council, and is consistent with the community’s expectations expressed through community engagement activities. There is an expectation that development of new public infrastructure does not come at the expense of existing facilities and services, and a belief that residents should not be entirely responsible for the cost of new facilities.

iii. Enable Council to achieve its medium to long term strategic housing targets:

The proposal will assist Council in realising its obligatory short and long term housing targets in a strategically optimal location, in terms of its setting within a well-established, successful Local Centre, serviced by a Train and Bus interchange.

This responds to the North District Plan and also the identified need to provide greater housing choice. (North District Plan is the instrument to inform Ku-ring-gai Council on its plan for growth and change and its planning strategies for place-based outcomes.)

iv. Enable expanded residential accommodation and thereby housing choice in close proximity to public transport, community facilities and commercial services.

v. Provide the opportunity for additional employment generation and greater commercial and retail services at the site which will enhance choice and serve the needs of people living and/or working in the surrounding local centre and assist Council achieve its medium to long term strategic employment generating targets;

vi. Support the local retail centre economically;

vii. Assist in the delivery of a commuter car park at the site;

viii. Achieve urban renewal of the locality and better urban integration of the site with the rest of the local centre. The Planning Proposal can provide a catalyst for the revitalisation of Woodford Lane as an active and attractive retail destination and facilitate its links to the broader Lindfield Centre.

Previous Council Resolution on Site Area

At OMC 10 November 2015, Council resolved that:

‘Council authorises the General Manager and/or his delegate to commence the process to subdivide the lot at 12 Bent Street Lindfield to excise that part of the lot zoned R4 High Density Residential with the view for future divestment’

It is recommended that Council maintain this land as part of the project site area under its current zoning of R4, with a view to it becoming a pocket park. This is reflected in the structure plan in the Urban Design Report and in the proposal for the pocket park and increased public open space as part of the Planning proposal.

Methodology

Between June 2018 and May 2019 Council has investigated the potential impacts and benefits of accommodating further height and density on the Lindfield Village Hub site whilst maintaining and where possible strengthening the urban and public benefits envisioned by current planning controls.

The process has involved community engagement, financial appraisal, urban design and traffic studies and advice from an independent planner.

The urban design investigation has considered what ‘fits’ with the existing and emerging character of the area and KMC Planning’s requirement that the urban approach is at least equal to current principles for the site. Alternate built-form scenarios were developed and tested, to confirm that any future development, under the proposed controls, would be compatible with surrounding development, namely the surrounding residential development to the north, south and west and the retail development to the east;

As a result of community engagement feedback that the community facilities were important to retain at their current proposed sizing, future development scenarios have not tested any reduction of the public infrastructure on the site (library/community; public open space/ commuter carpark and these public elements are reflected in the proposed draft DCP as part of the Planning Proposal.

The urban design testing demonstrated that the site has the capacity to accommodate the level of urban renewal indicated by the proposed amended planning controls.

Urban Planning Analysis

Lindfield is recognised as a Local Centre within the North District Plan and is operating as a successful centre, albeit one that is undergoing change.

The detailed urban design analysis undertaken, as presented in the Urban Design Report by Allen Jack + Cottier (AJC), confirms that the Lindfield Village Hub site is well positioned and of a size suitable to accommodate the scale of development proposed.

It is envisaged that the future Lindfield Village Hub development will become an urban marker for the Local Centre, and will consolidate and enhance the town centre with a sustainable built form and increase activation through the delivery of additional residential accommodation, commercial opportunities and community infrastructure in a self-funding manner.

The Planning Controls do not set the land use mix for the site other than require that the site needs to deliver park, community centre, library, parking and activated areas, which will be set in the DCP. An indicative land use mix has been assumed to test traffic impacts and the capacity to meet SEPP 65: Design Quality of Residential Flat Development. The intention is that end land use mix will ultimately be determined through:

· Tender process

· Development Application process

The tender process will allow the final masterplan for the site to be arrived at through private sector input, within a Council-led planning, design, finance and legal framework. Plans and Sections and Land Use Mix shown in the Urban Design Report in the Planning Proposal are indicative only and are not the final masterplan for the site.

Traffic Analysis

Council prepares and maintains traffic plans for each of its local centres, in accordance with its Transport Policy and Transport Plan and in consultation with RMS and other stakeholders.

A Traffic Impact Assessment (TIA) has been prepared by WSP on behalf of Council to form part of the Planning Proposal and shows how traffic and pedestrians will access the site and what new infrastructure measures are required to support the increase in traffic arising. Specific traffic measures as a result of the Lindfield Village Hub project will be formally identified at the time of any future Development Application, and subject to referral to external agencies including Transport for NSW (TfNSW). Nonetheless the TIA prepared as part of this Planning Proposal identifies that the following new infrastructure measures will likely be required:

i. The right hand turning bay into Balfour St from the Pacific Highway is extended

ii. Bent Lane converted to one way south

iii. Bent St left hand out to Pacific Highway (no left in to Bent St from Pacific Highway)

iv. The pedestrian crossing is improved but not relocated further north at present

v. Any future bridge across the Pacific Highway does not result in loss of an on-grade pedestrian crossing across the highway in the local centre

vi. Signalisation of Beaconsfield Parade and Pacific Highway occurs within the timeframe of the project completion

vii. Signalisation of Strickland Ave and Pacific Highway, occurs within the timeframe of the project completion

integrated planning and reporting

· Places, Spaces and Infrastructure - P4 Revitalisation of our centres

· Community, People and Culture - C4 Healthy lifestyles

· Leadership and Governance – L4 Leadership and Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
The community is informed and engaged in decision making processes for community outcomes.	Innovative and effective community engagement fosters community participation and a better understanding of Council services, programs and facilities.	Provide support to deliver best practice community engagement across all divisions of Council. Facilitate a program that enables staff to create and deliver engaging and accessible communication.
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

The community is informed and engaged in decision making processes for community outcomes.

Innovative and effective

community engagement fosters community participation and a better understanding of Council services, programs and facilities.

Provide support to deliver best practice community engagement across all divisions of Council.

Facilitate a program that enables staff to create and deliver engaging and accessible communication.

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

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P4.1: Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.	P4.1.1: Plans to revitalise local centres are being progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community.	P4.1.1.4: Prepare and adopt a Ku-ring-gai Community Facilities Strategy to guide the delivery of libraries, community centres and cultural facilities across the LGA.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

Major Projects Governance

In 2017 an independent consultant conducted a review of Council’s Major Projects governance structure, which was subsequently adopted by Council at OMC 10 April 2018. As a result of this review the Major Projects Group was established as an independent unit within Council, reporting directly to the General Manager. The new structure saw the establishment of the following governance framework: the Major Projects Steering Committee (MPSC), the Major Projects Advisory Committee (MPAC), and the Councillors Major Projects Consultation Forum (CMPCF).

Subsequent to the establishment of this governance structure, an internal governance protocol was prepared on the direction of the Major Projects Steering Committee to assure probity of process having regard to the dual function of Council as land owner and Council’s statutory responsibilities when preparing and considering Planning Proposals for Council’s own projects. The Major Projects Steering Committee adopted the protocol which among other controls established an information barrier between Major Projects Unit and KMC Planning in relation to the Lindfield Village Hub Planning proposal. Council staff has observed the protocol’s requirements when preparing the Lindfield Village Hub Planning Proposal.

Major Projects Advisory Committee (MPAC)

On the 14^th June 2019 KMC staff gave a presentation to the MPAC on the Planning Proposal process. On 24th June 2019, MPAC held its formal quarterly meeting and had the opportunity to conduct a Q&A session with staff. The MPAC Report dated 1 July 2019 is attached as a confidential Attachment A5. The MPAC report “…recommends that KMC proceed with lodgement of the Planning Proposal…” and discusses a number of risk and opportunity matters that have been addressed in the Major Projects Team response, which is included with the confidential Attachment A5.

Risk Management

A project-specific Risk Management Report has been prepared which summarises key risks to project. This plan has been reported to and noted by the Council’s Audit, Risk and Improvement Committee.

Financial Considerations

NSW councils are required to meet financial and infrastructure benchmarks to ensure long term sustainability. This means that Ku-ring-gai Council must:

· Contain expenditure within revenues

· Renew infrastructure assets before they are consumed

· Maintain assets to appropriate standards

· Minimise asset renewal and maintenance backlogs

Meeting these benchmarks across Council’s wide range of services and $1.8 billion in infrastructure assets is challenging and is not being met for Council’s existing portfolio. It is important for Council’s financial sustainability that the Lindfield Village Hub, as a subset of Council’s wider finances, meets the benchmarks and does not adversely impact on Council’s future financial position. This can be achieved if the proposed development generates a sufficient financial return to fund construction of the community assets, as well as to operate, maintain and renew them.

It is assumed that Council will contribute to the project in the form of funds collected via its development contributions plan (s94) and land on the site through a structured arrangement.

Council has obtained two independent financial reports on the proposed development, from CBRE and KPMG. The reports align in forecasting that the feasibility of the proposed development from Council’s perspective, while marginal, has the capacity to be viable subject to the outcome of the tender process and assuming Council is not required to provide funding for a pedestrian bridge over the Pacific Highway.

It is not possible to make the independent financial reports publically available without compromising Council’s commercial position in the forthcoming tender process. As such the CBRE and KPMG reports have been provided for Councillors as a confidential Attachment A1.

Social Considerations

The proposal will generate positive social effects for the community by:

i. Facilitating a greater level of future retail floor space that will improve the quality, choice and convenience of new and expanded services in the local area and within close proximity to residents and workers, many of whom will be able to walk and/or cycle to the site.

ii. Facilitating the delivery of the planned community and public infrastructure in a more timely manner due to the self-funding nature proposed for the future development. The proposal will facilitate the delivery of the full extent of the identified social services (in terms of size and capacity) that have been identified as being required for the Lindfield community through the social infrastructure needs analysis undertaken by Council.

iii. Enhancing the quality of the planned main park and plaza and the public open space within the Lindfield Village Hub by including an additional pocket park at the south west corner of the planned intersection of Drovers Way and Bent Street. The park will add to the overall offering of community facilities to be delivered as part of the Lindfield Village Hub project and will result in positive social benefits by accentuating the quality of the overall design of the community infrastructure.

iv. Facilitating a greater level of residential accommodation in close proximity to established public transport infrastructure due to the proposed increased in residential floor space that will be available. This will improve the choice of housing options and quantum of housing stock available in the local area and within close proximity to community and commercial facilities and services.

v. Providing for future employment and housing in a location that is well serviced.

Environmental Considerations

The proposal will generate positive social effects for the community by:

vi. Facilitating a greater level of future retail floor space that will improve the quality, choice and convenience of new and expanded services in the local area and within close proximity to residents and workers, many of whom will be able to walk and/or cycle to the site.

vii. Facilitating the delivery of the planned community and public infrastructure in a more timely manner due to the self-funding nature proposed for the future development. The proposal will facilitate the delivery of the full extent of the identified social services (in terms of size and capacity) that have been identified as being required for the Lindfield community through the social infrastructure needs analysis undertaken by Council.

viii. Enhancing the quality of the planned main park and plaza and the public open space within the Lindfield Village Hub by including an additional pocket park at the south west corner of the planned intersection of Drovers Way and Bent Street. The park will add to the overall offering of community facilities to be delivered as part of the Lindfield Village Hub project and will result in positive social benefits by accentuating the quality of the overall design of the community infrastructure.

ix. Facilitating a greater level of residential accommodation in close proximity to established public transport infrastructure due to the proposed increased in residential floor space that will be available. This will improve the choice of housing options and quantum of housing stock available in the local area and within close proximity to community and commercial facilities and services.

x. Providing for future employment and housing in a location that is well serviced.

Community Consultation

Subject to receiving a determination to proceed at the Gateway, statutory community consultation on the Planning Proposal will be undertaken by Council in accordance with the publication ‘A Guide to Preparing Local Environmental Plans’. This will include the required public exhibition for the Gateway process under Section 3.34 of the EP&A Act.

Council has conducted ongoing community engagement and consultation on the project over a number of years. Since 2017, an intensive program of communication and engagement activities has been undertaken with the Lindfield community and more broadly, Ku-ring-gai residents and other stakeholders. The main aim of this engagement has been to create understanding and awareness of key drivers for the project. These include the long-term financial sustainability of the project; building density; community facilities and local and state planning priorities. To this end, a preferred recommendation for height and density on the site has been prepared which is aimed at delivering the far-reaching social, retail and community infrastructure integral to the Hub.

Since 2017, the community engagement program has reached 2,000+ people directly and over 15,000+ people indirectly in 25 separate engagement events including ‘hard-to-reach’ audiences as well as active residents aged 50+ in the Lindfield, Gordon, Killara and Roseville areas.

Our key findings are as follows:

1. Broadly, we found support for the social and community benefits of the Lindfield Village Hub as a mixed use development, located close to transport. People across Ku-ring-gai - parents with children especially - told us they are excited by the prospect of a new, state of the art library with the latest technology and flexible community spaces. Similarly, we received many comments supporting facilities which offer improved social amenity in Lindfield – particularly walkable spaces, green open space, new library, dining and retail offers.

2. There were mixed findings and comments in relation to urban density on the site. For example, the three residential building height options discussed in community workshops in November 2018 found that 10 storeys was supported by over half the participants, with many attendees at these workshops supporting 14 storeys. Whereas a survey in March 2019 found that 7 storeys was the preferred building height among residents. Generally people said it is important that the project is self-funded and close to public transport. Residents were supportive of building height and density being located close to Lindfield train station, rather than other parts of the suburb.

3. The current community generally prefers less building height at 7 to 8 storeys. This is acknowledged by Council but must be balanced with financial and urban planning responsibilities for the future. State and local government planning requires Council to accommodate greater numbers of people moving into Lindfield. So future populations can enjoy the same access to community facilities as the current population enjoys, Council is planning to deliver renewed and expanded facilities across Ku-ring-gai, such as parks, libraries, public open space and other community buildings. The cost of these new facilities is considerable. To avoid financial impact on ratepayers, Council has determined that community facilities in local centres as part of major hub developments are to be self-funded so as not to create debt for future generations.

4. Overall, we found that people look forward to the new social facilities offered by the hub and would like greater access to services, shops and social amenities locally. The link between apartment building height and financial sustainability was broadly understood although it was dependent on how much information people had about Council’s adopted principle of financial sustainability. Many people asked about the amount of car parking on the site and also how the new development might increase traffic on local streets. A pedestrian link to connect east and west Lindfield and pedestrian access from the station was also a common comment.

From November 2019 onwards, communication channels included:

· Online engagement

· In print

· Community events

· Library displays

· Place audits

· Workshops

· Dedicated project and email

· Workshops

· Dedicated project and email

Recommendation:

A. That Council endorse lodgement of a Planning Proposal, in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979, seeking to amend the Ku-ring-gai LEP (Local Centres) 2012 as it applies to the Lindfield Village Hub site as follows:

i. Amend the Floor Space Ratio (FSR) control from 1.3:1 to 2.5:1

ii. Amend the maximum permitted building height from 26.5 metres to three different controls being 27.5 metres, 39.0 metres and 49.0 metres.

iii. Include a provision at Clause 4.3 to allow for roof top plant, lift overruns and rooftop communal open space (and associated structures) to be located above the proposed maximum height limits, where appropriate

iv. Amend the current additional permissible use provision at Clause 29 in Schedule 1 to allow development for the purpose of attached dwellings on the site, at the corner of Bent Street and Drovers Way.

B. That Council note the proposed amendment of Part 14E of the KDCP (LC) 2012 to reflect the Planning Proposal and the associated Urban Design Report and that this will remove reference to the current Lindfield Village Hub Masterplan.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council authorise the General Manager to finalise the Planning Proposal on its behalf as landowner, in accordance with recommendations A-C, and to submit the Planning Proposal to the relevant Planning Authority (Council).

Geoff Douglas

Group Lead - Major Projects

Juliet Byrnes

Project Manager - Major Projects

Attachments:	A1	A1 - LVH - Summary of the Feasibility Report(2)	Excluded	Confidential
	A2	A2 - LVH - CBRE - Commercial Appraisal 130619(2)	Excluded	Confidential
	A3	A3 - Feasibility - KPMG - Project Outputs Analysis(2)	Excluded	Confidential
	A4	A4 - Feasibility - KPMG - Market Report(2)	Excluded	Confidential
	A5	A5 - LVH - MPAC Report with MPU Responses - 1 July 2019(2)	Excluded	Confidential

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 - 23 July 2019	GB.3 / 41

Item GB.3	FY00623
	1 July 2019

Investment Report as at 30 June 2019

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for June 2019.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:	The net return on investments for the financial year to June 2019 was $5,738,000 against a revised budget of $5,567,000 giving a YTD favourable variance of $171,000.

recommendation:	That the summary of investments performance for June 2019 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

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

Background

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Comments

Investment Portfolio Performance Snapshot

The table below provides the investments portfolio performance against targets identified in Council’s Investment Policy as well as other key performance indicators based on industry benchmarks.

Cumulative Investment Returns against Revised Budget

The net return on investments for the financial year to 30 June 2019 was $5,738,000 against a revised budget of $5,567,000 giving a YTD favourable variance of $171,000 as shown in the table below. The investment portfolio performed strongly due to an increased investment portfolio size during the financial year and better than budgeted returns.

A comparison of the cumulative investment returns against year to date revised budget is shown in the Chart below.

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of June 2019 was $192,870,000 compared to $197,241,000 at the end of May 2019, a net cash outflow of $4,371,000. The outflow was mainly due to end of financial year creditors’ payments.

During the month five new investments were made and seven investments matured as listed in the table below.

Investment Performance against Industry Benchmark

Overall during the month of June the investment performance was well above the industry benchmark. The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

Table 2 below provides a summary of all investments by type and performance during the month.

Attachment A1 provides definitions in relation to different types of investments.

Table 2 - Investments Portfolio Summary during June 2019

Investment by Credit rating and Maturity Profile

The allocation of Council’s investments by credit rating and the maturity profile are shown below:

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Section 212 of the Local Government (General) Regulation 2005 states:

(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.

Risk Management

Council manages the risk associated with investments by diversifying the types of investment, credit quality, counterparty exposure and term to maturity profile.

Council invests its funds in accordance with The Ministerial Investment Order.

All investments are made with consideration of advice from Council’s appointed investment advisor, CPG Research & Advisory.

Financial Considerations

The revised budget for interest on investments for the financial year 2018/2019 is $5,567,000. Of this amount approximately $3,928,300 is restricted for the benefit of future expenditure relating to development contributions, $672,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $966,300 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investment Policy.

Summary

As at 30 June 2019:

· Council’s total cash and investment portfolio is $192,870,000.

· The net return on investments for the financial year to June 2019 was $5,738,000 against a revised budget of $5,567,000, giving a YTD favourable variance of $171,000.

Recommendation:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1⇩

Investments definitions specific to Council’s investment portfolio

2016/124274

Ordinary Meeting of Council - 23 July 2019	GB.6 / 61

Item GB.6	FY00621

Project Status Report - July 2019

EXECUTIVE SUMMARY

purpose of report:	To provide Council with the Project Status Report reflecting results for May and June 2019.

background:	On 22 May 2018, a Notice of Motion was considered by Council regarding the development of a monthly Project Status Report. On 14 May 2019 it was resolved to alter the reporting timeframe from monthly to quarterly.

comments:	Council recommendation of 14 May 2019 noted that while projects are reported to Council and the community through a number of other reports, the frequency of quarterly reporting is a more informative, reliable and recurring method to update Council and the community.

recommendation:	A. That Council receive and note the Project Status Report for July 2019. B. That the Project Status Report be placed on Council’s website.

Purpose of Report

To provide Council with the Project Status Report reflecting results for May and June 2019.

Background

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

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

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

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

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

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

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

On 14 May 2019, Council resolved to extend the reporting timeframe from monthly to a quarterly report:

C. That the reporting timeframe be changed from monthly to quarterly

In accordance with Part A of the NOM of 22 May 2019, the attached report is for the period May and June 2019 only. (Attachment A1)

Comments

Reporting on projects is currently undertaken through:

· Quarterly Financial Reports;

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

· Annual Report.

On 14 May 2019, a Council decision altered the reporting timeframe for the Project Status Report from a monthly to quarterly.

It was noted that while projects are reported to Council and the community through other statutory reports, the frequency of quarterly reporting is a more informative, reliable and recurring method to update Council and the community.

Council staff has prepared the Project Status Report based on the following criteria:

· Capital projects delivering community/public infrastructure;

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

· No operational projects are included; and

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

Due to the change of the reporting timeframe, the Project Status Report attached to this report will represent results for May and June 2019 only.

The next Project Status Report which will be presented to Council at its meeting of 15 October 2019 will report outcomes for July, August and September 2019.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

Risk Management

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

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

Financial Considerations

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

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

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

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

· Annual Report & Annual Financial Statements.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

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

Summary

On 22 May 2018, a Council decision resolved to alter the reporting timeframe for the Project Status Report from monthly to a quarterly.

Projects are reported to Council and the community through a number of other reports quarterly, bi-annually and yearly. However, the quarterly frequency of the Project Status Report is expected to provide a more informative, reliable and recurring method of results.

The Project Status Report for July 2019 has been prepared based on the following criteria with results from May and June 2019:

· Capital projects delivering community/public infrastructure;

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

· No operational projects are included; and

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

The next Project Status Report which will be presented to Council at its meeting of 15 October 2019 will report outcomes for July, August and September 2019.

Recommendation:

A. That Council receive and note the Project Status Report for July 2019.

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

Mark Shaw

Acting Director Operations

John McKee

General Manager

Attachments:

A1⇩

Project Status Report - July 2019.

2019/193657

Ordinary Meeting of Council - 23 July 2019	GB.2 / 31

Item GB.2	CY00458/7

Ordinary Meeting of Council - 23 July 2019	GB.4 / 50

Item GB.4	CY00212/11
	25 June 2019

Ordinary Meeting of Council - 23 July 2019	GB.5 / 58

Item GB.5	S02046/12
	26 June 2019

Ordinary Meeting of Council - 23 July 2019	NM.1 / 70

Item NM.1	S02467