Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 22 October 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(s) and attachments:

C.1 Ku-ring-gai Hornsby Meals on Wheels Service

In accordance with 10(2)(g):

Attachment 1: Legal Advice Lander & Rogers Neil Napper 25 September 2019

Attachment 2: Memorandum and Articles of Association

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:

GB14 Ku-ring-gai Creative Arts Facilities – Options Paper – Public Submissions

In accordance with 10(2)(f):

Attachment 1: Ku-ring-gai Creative Arts Facilities Strategy – Combined Submissions

GB19 Memorial Club Roseville – Draft Voluntary Planning Agreement – Exhibition

In accordance with 10(2)(c) & 10(2)(d)(i):

Attachment 3: Valuation Advice

GB21 Tender RFT12-2019 North Turramurra Golf Course Golf Professional Management Services

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

Attachment 1: RFT12-2019 List of Submitters

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

Attachment 2: RFT12-2019 Tender Evaluation Report

GB22 Tender RFT13-2019 Processing and Marketing of Recyclables

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

Attachment 1: RFT13-2019 List of Submitters

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

Attachment 2: RFT13-2019 Tender Evaluation Report

GB23 Tender RFT14-2019 Processing and Marketing of Vegetation Waste

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

Attachment 1: RFT14-2019 List of Submitters

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

Attachment 2: RFT14-2019 Tender Evaluation Report

GB24 Tender RFT15-2019 Gordon Recreation Ground Playground Upgrade

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

Attachment 1: RFT15-2019 List of Submitters

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

Attachment 2: RFT15-2019 Tender Evaluation Report

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 4

File: S02131

Meeting held 17 September 2019

Minutes numbered 156 to 182

minutes from the Mayor

Petitions

PT.1 Petition for Pedestrian and Vehicular Traffic Changes 4

File: S12447

“We would like to request that Council undertake as a matter of urgency the following proposed changes:

1) Construction of a continuous footpath to run on the Pymble Ladies' College (PLC) school side of Avon Road to run from the crossing outside gate 1 of PLC to the end of Avon Road where it meets Lonsdale Avenue.

2) Construction of a pedestrian crossing on Avon Road outside gate 3 of PLC.

3) Institution of a 24 hour 7 days a week no stopping zone along the entire length of Avon Road (on the opposite side of the road to PLC) from Arilla Road to Lonsdale Avenue (65 signatures)“.

PT.2 Petition for No Parking Zone to be extended on the south side of Kitchener Street St Ives outside numbers 16, 18 and 20 and the No Parking sign be extended on the north side of Kitchener Street in front of numbers 11 and 15. 4

File: TM9/11

Petition lodged on behalf of the residents of Fernbank Retirement Village, 2-8 Kitchener Street, St Ives about certain parking areas near the entrance to the Village on Kitchener Street.

The purpose is to ask Council to reconsider the No Parking zoning on Kitchener Street. The proposal is that the No Parking zone be extended on the south side of the street outside numbers 16, 18 and 20. In other words no parking on the south side of Kitchener Street and the double line continued further down the hill to indicate this as well as further signage.

Please also extend the No Parking sign on the north side of Kitchener Street in front of numbers 11 and 15 as well. (49 signatures)“.

PT.3 Petition to Keep Natural Grass at Mimosa Oval 4

File: S02617

“We the undersigned want to keep “Mimosa Oval” (Rofe Park) Mimosa Road, Turramurra as a natural grass space for all members of the community to access and enjoy, including, but not limited to: cricket, dog walking and exercise. We are not supportive of the Ku-ring-gai Council proposal to replace it with synthetic grass (1,060 signatures)“.

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 Delegation of Authority - Mayor for 2019-2020 Mayoral Term 4

File: CY00259/11

For Council to give consideration to granting Delegations of Authority to the Mayor.

Recommendation:

That the Delegations of Authority as outlined in Attachment A1 be granted to the Mayor.

GB.2 Delegation of Authority - Deputy Mayor for 2019-2020 Term 4

File: CY00259/11

For Council to give consideration to granting Delegations of Authority to the Deputy Mayor.

Recommendation:

That the Delegations of Authority as outlined in Attachment A1 be granted to the Deputy Mayor.

GB.3 Disclosures of Interest Returns Register 2018/2019 4

File: CY00440/7

To table Council’s Clause 4.23 Disclosure of Interest Returns Register in accordance with Schedule 1 of the Ku-ring-gai Council Code of Conduct (the Code).

Recommendation:

That the tabling of the Disclosure of Interest Returns Register be noted.

GB.4 Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2019 - 2020 Mayoral Term - NSROC Appointment of a Second Alternative Delegate 4

File: S03662

To appoint a second alternate delegate to NSROC as required by clause 5(ii) of the amended NSROC Constitution.

Recommendation:

That:

A. Council appoint a second alternate NSROC delegate to serve for the remainder of the 2019-2020 mayoral term;

B. The two alternate delegates take turns to accept opportunities to attend, starting with the existing alternate delegate; and

C. NSROC be informed of Council’s nominated representative.

GB.5 Council's Annual Program of Conferences 4

File: S03779/2

To inform Councillors of a list of annual Local Government conferences for which approval to attend will be subject to authorisation by the Mayor and General Manager only.

Recommendation:

A. That Council approve the Annual Program of Conferences for future attendance by Councillors;

B. That Council manage and put forth amendments to this list as requested by Councillors and;

C. That, in the future, any Councillors wishing to attend any of the listed conferences notify the General Manager by way of the Councillor Request to Attend Conference Form within due notice of the event date.

GB.6 Minutes of Audit, Risk & Improvement Committee meetings held on 27 June 2019 and 12 September 2019 4

File: CY00458/7

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meetings held on 27 June and 12 September 2019.

Recommendation:

Council receives and notes this report.

GB.7 Audited General and Special Purpose Financial Statements for the year ended 30 June 2019 4

File: FY00259/12

To present to Council the Annual Financial Statements for the year ended 30 June 2019 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2019.

Recommendation:

That Council receive the audited Financial Statements for the year ended 30 June 2019 and the auditor’s report from the Audit Office of NSW.

GB.8 Review of Council's Investment Policy 4

File: FY00623/2

To adopt Council's revised Investment Policy.

Recommendation:

That the attached revised Investment Policy be adopted by Council.

GB.9 Investment Report as at 30 September 2019 4

File: FY00623/2

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

Recommendation:

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

GB.10 Cat Trapping Trial and Mini Cat Expo 4

File: CY00445/7

To report the results of Council’s recent cat trapping trial and associated educational program.

Recommendation:

1. That Council notes the low level of reports and activity of feral cats within the Ku-ring-gai area.

2. That Council not continue with a cat trapping program at this time.

3. That Council continue with responsible cat ownership educational programs in accordance with Councils’ Companion Animals Management Plan.

4. That Council continues to liaise with NSW State Government to pursue amendments to the Companion Animals Act 1998 to reflect similar provisions and restrictions that currently apply to dogs, in respect of prohibiting the roaming and straying of cats, making such action an offence under the Act.

GB.11 Urban Forest Policy 4

File: S12227

To inform Council of the draft Urban Forest Policy and seek approval to place the draft policy on public exhibition.

Recommendation:

A. That Council endorses the public exhibition of the Draft Urban Forest Policy.

B. That any submissions received throughout the public exhibition period be considered for inclusion in a final draft for adoption by Council.

GB.12 Operations Policy Reviews and Updates 4

File: CY00554/2

To inform Council of the review and update of the three (3) following policies under the purview of the Operations Department and to seek Council Approval of these updated policies.

· The Dividing Fences Adjoining Council Land Policy

· The Temporary Access Over Community Land Policy and;

· The Private Use of Road Reserves and Nature Strips Policy

Recommendation:

A. That the Dividing Fences Adjoining Council Land Policy be adopted by Council

B. That the Temporary Access Over Community Land Policy be adopted by Council and;

C. That the Private Use of Road Reserves and Nature Strip Policy be adopted by Council

GB.13 Project Status Report - October 2019 4

File: FY00621/2

To provide Council with the Project Status Report reflecting results for July, August and September 2019.

Recommendation:

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

GB.14 Ku-ring-gai Creative Arts Facilities - Options Paper - Public Submissions 4

File: S12263

To report to Council the results of the public exhibition of the draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper and recommend next steps.

Recommendation:

That given the significant opposition raised in the submissions received, it is proposed to discount Option 1 from further consideration.

That Council undertake a final study to determine a preferred option and strategy. The study will include high-level design concepts, cost estimates, a cost/benefit analysis and financial analysis of Options 2 and 3 as part of further interrogations to determine the most appropriate and realistic strategy in terms of the funding and delivery.

GB.15 Draft Robert Pymble Park Master Plan 4

File: S11630

To seek Council’s endorsement to place on exhibition a draft Landscape Masterplan for Robert Pymble Park, Pymble.

Recommendation:

That Council places the Robert Pymble Park draft Landscape Masterplan on public exhibition for a minimum of 4 weeks and that the amended plan incorporating community comment be reported back to Council for consideration and adoption.

GB.16 Recreation in Natural Areas Strategy 4

File: S11290

For Council to endorse the draft Recreation in Natural Areas Strategy for public exhibition.

Recommendation:

A. That Council endorse the draft Recreation in Natural Areas Strategy for public exhibition.

B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received on this Strategy.

GB.17 Flood Risk Management Committee Meeting Minutes - 27 August 2019 4

File: S10746

For Council to consider and note the minutes of the Flood Risk Management Committee (Attachment A1) meeting held on 27 August 2019.

Recommendation:

That Council receives and notes the minutes of the Flood Risk Management Committee meeting held on 27 August 2019.

GB.18 Draft Community Participation Plan 4

File: S12564

For Council to consider a draft Community Consultation Plan for public exhibition

Recommendation:

That the Draft Ku-ring-gai Community Participation Plan be placed on public exhibition for a minimum of 28 days and that a report be brought back to Council at the end of the exhibition period.

GB.19 Memorial Club Roseville - Draft Voluntary Planning Agreement - Exhibition 4

File: S12306

To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment and Council’s land at Roseville.

Recommendation:

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

GB.20 St Johns Avenue Streetscape Improvements 4

File: S12238

To report to Council on the outcome of community consultation and seek Council’s endorsement of the final concept design for the St Johns Avenue Upgrade and proceed to tender for construction.

Recommendation:

Based on the discussion in this report it is recommended that Council adopts the concept design for St Johns Avenue Streetscape Upgrade so that it can be progressed to detailed design and the preparation of tender documents, with the aim of tendering for construction in mid-2020.

GB.21 Tender RFT12-2019 North Turramurra Golf Course Golf Professional Management Services 4

File: RFT12-2019

To consider the tenders received for North Turramurra Golf Course Professional Management Services 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’.

GB.22 Tender RFT13-2019 Processing and Marketing of Recyclables 4

File: RFT13-2019

To consider the tenders received for Processing and Marketing of Recyclables 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’.

GB.23 Tender RFT14-2019 Processing and Marketing of Vegetation Waste 4

File: RFT14-2019

To consider the tenders received for Processing and Marketing of Vegetation Waste 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’.

GB.24 Tender RFT15-2019 Gordon Recreation Ground Playground Upgrade 4

File: RFT15-2019

To consider the tenders received for Gordon Recreation Ground playground upgrade 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

Motions of which due Notice has been given

NM.1 Sydney North Planning Panel (SNPP) 4

File: S11352

Notice of Motion from Councillors Szatow and Smith dated 4 October 2019

Council members of Regional Panels (SNPP)

The State Government’s Planning Panels Operational Procedures (page 9) states:

“Two council members are appointed by each council. At least one is required to have expertise in one or more of the following areas: planning, architecture, heritage, environment, urban design, land economics, traffic and transport, law, engineering or tourism.”

Selection of council members:

Page 9 also deals with potential conflict of duties and tenure of council members as follows:

“Each council identifies how their members are selected. In selecting members, councils should have regard to the conflict of duties that would be created for a person nominated to the planning panel if they were in any way responsible or involved in the assessment and recommendation of a DA or rezoning review to be determined by the panel.”

“Councils are not restricted to people from the council’s local area. They can appoint, terminate and reappoint members” (of Regional Panels (SNPP)) “at any time and can determine the duration of that appointment. Generally, so as to ensure the greatest degree of continuity for the panels, council should consider appointing members for the maximum term of three years provided for under the EP&A Act. However, Councils should reconsider if the nominations to the panels are appropriate within 12 months following a Council election.”

The current council members, Councillors Ngai and Spencer, were appointed to the SNPP by resolution of Council dated 10 October 2017.

The current payment arrangements established by Council is as follows:

“Councillor and Alternate members of the Sydney North Planning Panel (“Panel”) be paid a single fixed fee of $500 (inclusive of attendance, excluding travel and all incidental costs) for each development application, planning proposal or other planning matter (“Matter”) considered by the Panel and for which the member voted at a meeting of the Panel in a formal decision making capacity. The fee covers all involvement of the member in relation to the Matter, including preparation for and attendance at all meetings including formal Panel meetings, briefings and site inspections.”

It being 24 months since the current council members were appointed, it is appropriate for council to reconsider their appointment. Councillors Szatow and Smith wish to be considered to replace Councillors Ngai and Spencer.

Councillor Szatow submits that she has expertise in planning, heritage and environment, as a result of her involvement in council decision making and committee membership in her three consecutive terms on Council and previous membership of the Sydney North Planning Panel from November 2014 to November 2017.

In the case of either or both of Councillors Smith and Szatow being re-elected to Council or ceasing to act as elected councillors post the 2020 Local Council Elections, under these Operational Procedures, they may continue to be the council appointees up to the maximum term of three years or until such time as Council resolves to appoint new members, generally, but not always, within twelve months following a council election.

I move that Council:

A. Terminates the appointment of Councillors Ngai and Spencer to the SNPP

B. Thanks them for the execution of their duties as members of that Panel

C. Appoints Councillors Smith and Szatow as the new council members to the SNPP.

D. Determines that Councillors Smith and Szatow are paid at the current rate, established by Council Resolution dated 30 October 2018.

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 Ku-ring-gai Hornsby Meals on Wheels Service

File: CY00377/7-1

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

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Director Community

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 17 September 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)

Councillor D Greenfield (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Finance (Angela Apostol)

Manager Corporate Communications (Virginia Leafe)

Manager Governance and Corporate Strategy (Michael Wearne)

Governance Support Officer (Rebecca Srbinovska)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

156

Apologies

File: S02194

Councillor Ngai advised that Councillor Spencer is not attending the meeting due to illness and that he requested a leave of absence.

Resolved:

(Moved: Councillors Ngai/Pettett)

That the apology be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

The following declarations of interest were made:

Councillor Kay declared a less than significant non-pecuniary conflict of interest with item GB5. With respect to category 2, community development community grants program, there is a $5,000 grant for the St Ives Rotary Club for a dementia project. Councillor Kay works very closely with the Rotary Club. She advised she will leave the Chambers during consideration of this matter.

Mayor Anderson declared a less than significant non-pecuniary conflict of interest with item GB5. With respect to the grant for Meals on Wheels, Mayor Anderson sits on the board as a representative of Ku-ring-gai Council. However, as her term concludes this evening, she intends to remain in the Chambers during consideration of this matter.

157

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Greenfield/Clarke)

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

C.1 Lindfield Village Green – Deed & Lease with tfNSW

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

Attachment A1: TfNSW Deed & Lease - LVG

GB.14 Upgrade of HVAC System and other tenancy works for 828 Pacific Highway

Gordon and changes to tendering requirements in the Local Government Act

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

Attachment 1: Review of fee proposals for chiller

Attachment 2: Lessor Make good and Inter-tenancy works

GB.15 Lindfield Village Green – Tender Readiness

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

Attachment 1: Tender Readiness - Issues review

In accordance with section 10(2)(d)(ii):
Attachment 2: MPAC Report - LVG Review

Attachment 3: NS Group Report - LVG Review

GB.16 EOI 11/2019 – Lindfield Village Green Head Contractor

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

Attachment 1: EOI11-2019 Tender Evaluation Report

Attachment 2: EOI11-2019 Evaluation Plan

GB.17 Tender RFT7-2019 Building Schedule of Rates Panel Tender

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

Attachment 1: RFT7-2019 List of submitters

Attachment 2: RFT7-2019 Tender evaluation report

CARRIED UNANIMOUSLY

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Items:

GB.18 Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2019 - 2020 Mayoral Term - Additional Committee Entry: Marian St Theatre Reference Committee

Report by Director Corporate dated 9 September 2019.

Memorandums:

GB.7 Draft General and Special Purpose Financial Statements for the year ended 30 June 2019.

Memorandum from Manager Finance dated 17 September 2019 to Mayor and Councillors attaching additional disclosure notes to the Draft Financial Statements.

CONFIRMATION OF MINUTEs

158

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 20 August 2019

Minutes numbered 135 to 155

Resolved:

(Moved: Councillors Szatow/Greenfield)

That Minutes numbered 135 to 155 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

159

Spring Flower Celebration for Ku-ring-gai

File: S05898

Vide: MM.1

I propose a program to develop an annual local centres Spring Flower Celebration for Ku-ring-gai.

Council’s successful annual Wildflower Art and Garden Festival at St. Ives Wildflower Garden heralds the start of Spring in Ku-ring-gai. It is intended that this Mayoral Minute will provide opportunity for our local centres to also participate in a similar type of seasonal celebration.

Additionally, the Mayoral Minute will complement the ‘Activate Ku-ring-gai’ program, and it will provide a more immediate way to beautify and instil a sense of civic pride in local centres while ‘Activate Ku-ring-gai’ is being implemented over the coming years.

The concept of a Spring Flower Celebration has been successfully implemented by Councils in Sydney and internationally. Similar programs exist where the Council effectively partners with local businesses to provide hanging planter baskets/boxes and plants to help beautify local areas. An iconic example is Belgravia In Bloom, please see the photo below.

This Mayoral Minute is to seek support for a pilot partnership program, to commence in Spring 2020, in selected streets and suburbs in Ku-ring-gai, that would lend themselves to a similar approach and that a small trial be conducted in Spring 2019 in one local centre in order to provide helpful feedback for the subsequent report back to Council.

The recent success of the ‘pop-up park’ in St Johns Avenue and its popularity with local businesses, shoppers and residents shows that there is a desire to create ambience using plants and street furniture. A focus would be on enhancing Ku-ring-gai’s place making and destination engagement. Local businesses can also be encouraged to activate the theme through their shopfront, service and retail activation. Reduction in litter and graffiti is also an identified benefit of public domain beautification.

Staff could work with local businesses to encourage and support the celebration. The program could also incorporate social and digital media campaigns to encourage local residents to also engage in the celebration.

Resolved:

A. That Council Officers prepare a report for Council for the delivery of an annual Spring Flower Celebration to commence in Ku-ring-gai in 2020. The report will contain a project overview which will recommend sites for implementation, design and materials options, community engagement strategies and cost estimates for the program.

B. That a trial Spring Flower Celebration for 2019 be introduced in one local centre.

CARRIED UNANIMOUSLY

160

Anne Townsend - Pymble Turramurra Pre-School

File: S07466

Vide: MM.2

The purpose of this Mayoral Minute is to recognise more than 40 years contribution to our community by Anne Townsend from the Pymble Turramurra Pre-School.

Pymble Turramurra Pre-school, affectionately known as ‘Handley Avenue’ where it is located in Turramurra, is operated and run by a volunteer parent Board of Management in a building leased from the Council. The pre-school is a highly respected educational institution that has been operating in the Ku-ring-gai community since 1962.

Anne Townsend was first employed in 1979 as a fresh faced young teacher by the name of Miss Anne Cambridge. The pre-school in those days employed some novel methods to raise funds, including a fashion parade, a pet show and even a monkey circus!

Working bees were held to paint doors and cupboards, put up noticeboards and shelving, prune hedges and install a playground swing. The children enjoyed excursions to Bobbin Head to see the boats and outings on the bus, train and ferry – without any of the paperwork that would be required now.

So much has changed over the years, and yet so much is just the same as it was. This can largely be attributed to the steady and guiding influence of Anne Townsend. Anne could not have possibly imagined in 1979 when she first arrived at the pre-school that she would be there for 41 years. As the current director memorably puts it, ‘Anne has been the compass by which this pre-school has centred itself’.

Anne has educated hundreds and hundreds of children over the years, to the point now where she is teaching the children of children she first taught back in 1979. It has been a great pleasure for me in recent years to visit the Pre-school, to read to the children and to see first-hand the wonderful dedication of Anne and the staff at ‘Handley Avenue’.

Anne Townsend has been a wise and skilful mentor to her fellow teachers, as well as to students from Macquarie University in her capacity as a supervisor to the Faculty of Early Childhood Education. She has extended her educational experience and expertise, attaining her Masters in Psychotherapy in 2012 and opening a private clinic to offer counselling to families and young children.

At the end of 2018, Anne Townsend stepped aside from face-to-face teaching, taking on a leadership and mentoring role this year. Anne and her husband John have now purchased a new home on the coast and are contemplating retirement.

However before Anne leaves the pre-school for good, I would like to acknowledge her great contribution to the wellbeing and early education of many generations of Ku-ring-gai pre-schoolers. There will be big shoes to fill once she has retired, but her knowledge and skills will live on in the teachers that come after her. Thank you Anne, from the Ku-ring-gai community and all at Council.

Resolved:

A. That this Mayoral Minute be received and noted.

B. That a copy of this Mayoral Minute be sent to Anne Townsend with a congratulatory letter from the Mayor on behalf of Council.

CARRIED UNANIMOUSLY

PETITIONS

161

Petition for a Footpath to be Built along Abingdon Road, Roseville

File: 88/05005/01

Vide: PT.1

The intent of this petition is to inform Council of the high priority local residents place on the need for a pedestrian path to be constructed along Abingdon Road, Roseville from Eton Road to Shirley Road. Furthermore, to look at a completion date within the next 12-18 months (327 signatures).

Resolved:

(Moved: Councillors Ngai/Greenfield)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Having previously declared a conflict of interest in the Community Grants matter, Councillor Kay left the chamber.

162

2019 Ku-ring-gai Community Grants Program

File: FY00430/10

Vide: GB.5

To advise Council of applications received for the 2019 Ku-ring-gai Community Grants program, and to recommend funding allocations to community groups.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That the following community and cultural groups receive the following recommended amounts from Council in 2019:

CATEGORY 1: SMALL EQUIPMENT

	Name of Organisation	Amount Sought	Amount Recommended
1	1st Gordon Scout Troop – The Scout Association of Australia, NSW Branch	$2,000	$2,000
2	Parkinson's NSW – Hornsby Ku-ring-gai Parkinsong Group	$1,784	$1,784
3	Easy Care Gardening	$1,844	$1,844
4	1st East Lindfield Girl Guides	$2,000	$2,000
5	StreetWork Australia	$2,000	$2,000
6	1st Pymble Scout Group – The Scout Association of Australia, NSW Branch	$2,000	$2,000
7	Pymble Playgroup NSW	$1,999	$1,999
8	Lindfield Football Club	$2,500	$2,000
9	CASS Care Ltd	$1,125	$1,125
10	Fighting Chance Australia Limited	$1,877	$1,877
11	KU Fox Valley Preschool	$416	$416
12	Ku-ring-gai Community Workshop ‘The Shed’ Inc	$1,738	$1,738
13	Roseville Uniting Church	$2,000	0
14	Pymble Turramurra Preschool	$2,000	$2,000
15	1st Lindfield and 1st Cromehurst (Special Needs) Scout Groups – The Scout Association of Australia, NSW Branch	$2,000	$2,000
16	St Ives High School Parents & Citizens Association	$2,000	0
17	Ku-Ring-Gai Stealers Baseball League Inc	$1,300	0
18	Ku-Ring-Gai Meals on Wheels Service	$2,000	$2,000
19	Ku-Ring-Gai Stealers Baseball League Inc	$771	$771
20	Marian St Theatre for Young People	$950	0
21	Ku-Ring-Gai Stealers Baseball League Inc	$593	0
	Total	$34,897	$27,554

CATEGORY 2: COMMUNITY DEVELOPMENT

	Name of Organisation	Amount Sought	Amount Recommended
1	NSW SLASA INC	$5,000	0
2	NSW SLASA INC	$5,000	$3,061
3	Parkinson's NSW – Hornsby Ku-ring-gai Support Group	$1,000	$1,000
4	StreetWork Australia	$5,000	$1,850
5	2nd St Ives Scout Group	$5,000	$5,000
6	Pymble Playgroup	$4,985	0
7	M2M North Shore	$5,000	0
8	CASS Care Ltd	$4,905	$3,905
9	Fighting Chance Australia Limited	$3,820	0
10	St Ives High School Parents and Citizens Association	$3,300	0
11	KU Fox Valley Preschool	$2,400	$2,400
12	KYDS Youth Development Service Incorporated	$4,597	$2,000
13	Early Education (EarlyEd) Inc.	$4,975	$4,975
14	Gordon Baptist Church	$5,000	0
15	Lions Club Of Manly Inc	$1,200	0
16	Pymble Turramurra Preschool	$4,685	$4,685
17	Phoenix House Youth Services	$4,750	$4,750
18	Rotary Club of St Ives INC	$5,000	$5,000
19	Warrawee Public School P&C	$4,705	0
	Total	$80,322	$38,626

CATEGORY 3: ARTS & CULTURAL

	Name of Organisation	Amount Sought	Amount Recommended
1	Guringai Tribal Link Aboriginal Corporation	$5,000	0
2	Save Marian Street Theatre Limited (SMST)	$3,000	0
3	Pymble Playgroup	$4,830	$4,830
4	KU Fox Valley Preschool	$2,160	$2,160
5	Ku-ring-gai Youth Orchestra	$1,500	$1,500
6	The Cathedral Singers Incorporated	$3,000	$3,000
7	StreetWork Australia Limited	$5,000	$3,650
8	Studio ARTES	$5,000	$5,000
9	St Ives High School Parents & Citizens Association	$5,000	$5,000
10	Hornsby Ku-Ring-gai Community College	$3,500	$2,250
11	Marian St Theatre for Young People	$1,400	0
	Total	$39,390	$27,390

CARRIED UNANIMOUSLY

Councillor Kay returned to the Chamber after voting on GB.5. had concluded.

163

Investment Report as at 31 August 2019

File: FY00623/2

Vide: GB.6

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

Resolved:

(Moved: Councillors Clarke/Ngai)

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

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

CARRIED UNANIMOUSLY

164

Draft General and Special Purpose Financial Statements for the year ended 30 June 2019

File: FY00259/12

Vide: GB.7

To present to Council the draft Financial Statements for the year ended 30 June 2019 for certification and referral to Council’s external auditor, the Audit Office of NSW and report on the budgetary position at as 30 June 2019.

Resolved:

(Moved: Councillors Clarke/Ngai)

A. That Council receive and certify the Draft Financial Statements for the year ended 30 June 2019.

B. That the Draft Financial Statements be referred to Council’s external auditor, the Audit Office of NSW to provide an opinion on the Financial Statements ended 30 June 2019 and to report to Council.

C. That the Draft Financial Statements ended 30 June 2019 be certified by the Mayor, Deputy Mayor or one other Councillor, the General Manager and the Responsible Accounting Officer in accordance with Section 413(2)(C) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.

D. That 22 October 2019 be fixed as the date for the public meeting to present the audited Financial Statements and the audit reports for the year ended 30 June 2019 as required by Section 419 of the Local Government Act 1993, and that Council’s external auditor be present to answer questions.

CARRIED UNANIMOUSLY

165

Review of Reporting and Compliance Burdens on Local Government (IPART) - Feedback on the Recommendations of the Final Report

File: S11015

Vide: GB.8

To advise Council of the final report on IPART’s review of reporting and compliance burdens on Local Government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

Resolved:

(Moved: Councillors Clarke/Kelly)

That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of reporting and compliance burdens on Local Government – Final Report April 2016”.

CARRIED UNANIMOUSLY

166

Invitation to Streetwork Glam and Grunge Fundraising Event

File: CY00043/11

Vide: GB.9

To inform Councillors of an invitation from StreetWork for their Glam and Grunge fundraising event that will be held on Friday, 25 October 2019 at Club Willoughby.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That Council purchases a corporate table for the 2019 StreetWork Glam and Grunge fundraising event.

B. That any Councillors wishing to attend the fundraising event advise the General Manager by Tuesday, 24 September 2019.

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

Against the Resolution: Councillor Pettett.

167

Invitation - KYDS Youth Development Service Fundraising Event

File: CY00076/11

Vide: GB.10

To inform Councillors of the KYDS Youth Development Service fundraising lunch at the Ernst & Young Building, Sydney on Friday, 8 November 2019.

Resolved:

(Moved: Councillors Clarke/Kay)

A. That Council purchases a table of ten tickets to the KYDS Youth Development Service fundraising lunch.

B. That any Councillors wishing to attend the fundraising lunch advise the General Manager by Tuesday, 24 September 2019.

CARRIED UNANIMOUSLY

168

Delivery Program 2018-2021 and Operational Plan 2018-2019: June 2019 Bi-Annual Report

File: FY00382/11

Vide: GB.11

To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the period January to June 2019.

Resolved:

(Moved: Councillors Clarke/Smith)

That the report on the six (6) monthly progress review of the Delivery Program,

2018-2021 and Operational Plan 2018-2019 for the period of January 2019 to June

2019 be received and noted.

CARRIED UNANIMOUSLY

169

Single-Use Plastic and Sustainable Event Management Policies

File: S09069/9

Vide: GB.12

For Council to endorse the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

Resolved:

(Moved: Councillors Clarke/Szatow)

A. That Council endorses the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received for these policies.

CARRIED UNANIMOUSLY

170

Draft Flood Prone Land Policy

File: S10746

Vide: GB.13

To seek Council’s endorsement to place the Draft Flood Prone Land Policy and revised Flood Planning Area Map for the Blackbutt Creek catchment on public exhibition.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. Council endorses the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map for public exhibition.

B. The Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map are placed on public exhibition for a period of no less than 28 days.

C. Residents and owners of properties in the Overland Flow and Mainstream Flood Planning Area of the revised Blackbutt Creek Flood Planning Area Map are directly notified of the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map.

D. Residents and owners of properties in the Overland Flow and Mainstream Flood Planning Area of the Lovers Jump Creek Flood Planning Area Map (2019) are directly notified of the Draft Flood Prone Land Policy.

E. That following the close of the public exhibition period a report is brought back to Council to consider any submissions received.

CARRIED UNANIMOUSLY

171

Upgrade of HVAC System and other tenancy works for 828 Pacific Highway Gordon and changes to tendering requirements in the Local Government Act

File: S09582/6

Vide: GB.14

To seek Council approval for urgent upgrade works to the HVAC system and other preparatory tenancy works on Level 2 to accommodate new tenants at 828 Pacific Highway Gordon and update the General Manager’s delegations with regard to tendering to reflect recent changes to the Local Government Act 1993.

Resolved:

(Moved: Councillors Clarke/Smith)

A. That the supply and installation of a chiller for 828 Pacific Highway Gordon be carried out under the provisions of section 55(3)(i) of the Local Government Act 1993 as a satisfactory result would not be achieved by inviting tenders, due to the need to complete works in advance of the summer period and prior to full occupation in early January 2020, and as competitive proposals from specialist, qualified and experienced contractors have been received.

B. That Council accepts the fee proposals as recommended in Confidential Attachment A1 and A2 respectively for the supply and installation of a chiller and the carrying out of make good and inter-tenancy works for 828 Pacific Highway Gordon.

C. That Council delegates to the General Manager authority to enter into contracts as required to execute the works.

D. That Council authorises the General Manager to undertake all procurement without undertaking a competitive tendering process for amounts less than $250,000 in accordance with recent changes to the Local Government Act.

CARRIED UNANIMOUSLY

172

Lindfield Village Green - Tender Readiness

File: S12201

Vide: GB.15

To update Council on the tender readiness of the Lindfield Village Green (LVG) project.

Resolved:

(Moved: Councillors Clarke/Szatow)

That Council recommends the LVG project commences the Stage 2 (financial) tender as soon as the Major Project Advisory Committee is satisfied that their sign-off requirements are met.

CARRIED UNANIMOUSLY

173

EOI 11/2019 - Lindfield Village Green Head Contractor

File: EOI11-2019/R

Vide: GB.16

To consider the applications received for Expression of Interest (EOI) no. EOI11-2019 – Lindfield Village Green (LVG) Head Contractor and to recommend to Council a pre-qualified panel of contractors to be invited into the Stage 2 (financial) Tender.

Resolved:

(Moved: Councillors Clarke/Smith)

A. That Council accepts 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 a ‘Select tender’ processes, which will include financial bids, in order to be awarded the contract for construction of the Lindfield Village Green project.

B. That the General Manager be given delegated authority to execute all tender documents on Council’s behalf in relation to this EOI.

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

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

CARRIED UNANIMOUSLY

174

Tender RFT7-2019 Building Schedule of Rates Panel Tender

File: RFT7-2019

Vide: GB.17

To consider the tenders received for the Building Schedule of Rates Panel and to appoint all compliant tenderers.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That Council accept the tender submissions from tenderers ‘A to M’ to form the Building Schedule of Rates Panel for a three (3) year period with a two (2) x one (1) year option to extend.

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

175

Lindfield Village Green - Deed & Lease with TfNSW

File: S12201

Vide: C.1

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

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

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

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

(iii) reveal a trade secret.

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

Report by Director Strategy & Environment dated 23 August 2019

Resolved:

(Moved: Councillors Clarke/Smith)

A. That the General Manager be delegated authority to execute the Deed & Lease (Confidential Attachment A1) with TfNSW on Council’s behalf.

B. That delegation be granted to the General Manager or his delegate to make any minor administrative changes to the Deed & Lease that do not alter the overall intent in order to protect Council’s interests.

CARRIED UNANIMOUSLY

176

Election of the Mayor for the 2019 - 2020 Term

File: S03662

Vide: GB.1

To elect the Mayor for the 2019–2020 term.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That the method of voting for the position of Mayor proceed by open voting.

B. That Council elect the Mayor for the 2019-2020 Mayoral Term.

CARRIED UNANIMOUSLY

Two members of the public were invited to act as scrutineers for the election:

J Harwood

H Loughnan

The General Manager announced there was one nomination for the position of Mayor.

Councillor Anderson was nominated and accepted the nomination.

As there was only one nominee, Councillor Jennifer Anderson was duly elected to the position of Mayor for the 2019-2020 term.

177

Election of Deputy Mayor for the 2019 - 2020 Term

File: S03662

Vide: GB.2

To elect the Deputy Mayor for the 2019-2020 term.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That the method of voting for the position of Deputy Mayor proceed by open voting.

B. That Council elect the Deputy Mayor for the 2019-2020 Mayoral Term.

CARRIED UNANIMOUSLY

Two members of the public were invited to act as scrutineers for the election:

J Harwood

H Loughnan

The General Manager announced there was one nomination for the position of Mayor.

Councillor Clarke was nominated and accepted the nomination.

As there was only one nominee, Councillor Callum Clarke was duly elected to the position of Deputy Mayor for the 2019-2020 term.

178

Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2019 - 2020 Mayoral Term

File: S10078

Vide: GB.3

For Council to give consideration to the appointment of the chairpersons and deputy chairpersons for Council’s Reference and Advisory Committees for the 2019 – 2020 Mayoral Term.

Resolved:

(Moved: Councillors Anderson/Kelly)

That Council make appointments to its Reference and Advisory Committees for the 2019-2020 Mayoral Term as outlined below:

A. Council elect Councillor Anderson as Chairperson and Councillor Smith as Deputy Chairperson for the Heritage Reference Committee.

B. Council elect Councillor Spencer as Chairperson and Councillor Kelly as Deputy Chairperson for the Ku-ring-gai Traffic Committee.

C. Council elect Councillor Clarke as Chairperson and Councillor Greenfield as Deputy Chairperson for the Flood Risk Management Reference Committee.

D. Council elect Councillors Ngai and Smith as members of the Audit, Risk and Improvement Committee (noting that the committee is chaired by an external independent member, Mr Stephen Coates) and further, that other Councillors are invited to attend as observers as previously has occurred.

CARRIED UNANIMOUSLY

179

Representation on External Committees and Organisations 2019 - 2020 Mayoral Term

File: S03662

Vide: GB.4

For Council to appoint its representatives to external committees and organisations for the 2019 – 2020 Mayoral Term.

Resolved:

(Moved: Councillors Anderson/Kelly)

That:

A. Council appoint its representatives to external committees and organisations for the Mayoral Term outlined in the table below:

Committee/Organisation	Number to be appointed	Representative
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney	Mayor, or 1 delegate	Cr Kay
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn	Mayor, or 1 delegate	Cr Kay
Ku-ring-gai Meals on Wheels Inc.	1 delegate 1 alternate	Vacant Vacant
Eryldene Trust	1 delegate	Cr Szatow
Hornsby/Ku-ring-gai Bushfire Management Committee	1 delegate 1 alternate	Cr Greenfield Cr Kay
Metropolitan Public Libraries Association	1 delegate	Cr Kelly
Rural Fire Service District Liaison Committee	1 delegate	Cr Greenfield
Northern Sydney Regional Organisation of Councils (NSROC)	Mayor 1 delegate 1 alternate	Mayor Anderson Cr Clarke Cr Greenfield
Ku-ring-gai Youth Development Service Inc. Management Committee	1 delegate 1 alternate	Cr Ngai Cr Kay
Hornsby/Ku-ring-gai PCYC Advisory Committee	1 delegate 1 alternate	Cr Clarke Cr Greenfield

and,

B. The external committees and organisations be informed of Council’s nominated representatives.

CARRIED UNANIMOUSLY

180

Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2019 - 2020 Mayoral Term - Additional Committee Entry: Marian Street Theatre Reference Committee

File: S10078

Vide: GB.18

For Council to give consideration to the appointment of the chairperson and deputy chairperson for the Marian Street Theatre Reference Committee for the 2019 – 2020 Mayoral Term.

Resolved:

(Moved: Councillors Anderson/Szatow)

A. That Council appoint Cr Szatow to the Marian Street Theatre Reference Committee for the 2019-2020 Mayoral Term and;

B. That Council update its Advisory/ Reference Committees Guideline to reflect this addition.

CARRIED UNANIMOUSLY

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice

Development Application approved by NSW Land & Environment Court enabling the demolition of 149 Livingstone Avenue, Pymble.

181

149 Livingstone Avenue, Pymble

Councillor M Smith put forward the following to Council:

Development Application approved by NSW Land & Environment Court that will enable the demolition of 149 Livingstone Avenue, Pymble. An Interim Heritage Order issued by the Minister is however still in place and recent additional information has been submitted by the local community to support the heritage listing of 149 Livingstone Avenue, Pymble. The reason the matter is urgent is two-fold: (1) the current Interim Heritage Order is good for 12 months to give the Council time to fully consider the heritage merit of the case— there is now new information which needs to be acted upon; (2) unless Council pursues this, a developer could simply wait for this to lapse then proceed with demolition plans.

Resolved:

(Moved: Councillors Szatow/Smith)

That the matter be considered at this meeting due to the reasons outlined above.

CARRIED UNANIMOUSLY

The Mayor ruled that the matter was of great urgency in accordance with Clause 9.3 of Council’s Code of Meeting Practice.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council request the Minister for Planning and Public Spaces review the gateway determination made by the Minister’s delegate to enable the Planning Proposal to proceed for listing 149 Livingstone Avenue, Pymble, as an item of local heritage significance.

CARRIED UNANIMOUSLY

QUESTIONS WITH NOTICE

182

Review of Council Policies

File: S03881

Vide: QN.1

QUESTION:

Question from Councillor Ngai dated 28 August 2019

To the General Manager,

We may be exposed to certain risks if our external policies are out of date.

I had a look at our Policies webpage today and noticed that some of the policies are due for review. I also suspect that the policies list is not exhaustive as there are some (such as Footpaths Maintenance and Repairs, dated 2008) that are not listed here.

http://www.kmc.nsw.gov.au/Information_Pages/Policies

I know that a few such as Procurement Policy and Sustainable Event Management Policy are being reviewed by staff as we speak, but can we please have a plan in place so that all out of date policies are covered by the end of this financial year (June 2020)? Even if our staff know that the policy wording does not need to change, I would feel more comfortable to know that someone has read through it once, provided incremental updates, and assured the councillors that the policy remains fit for purpose.

Further details on policies and review dates are in the table below.

Ku-ring-gai Council Policies and their effective / review dates, as per Council webpage on 28 August 2019.

Policy (blue = will need website update by June 2020)	Effective Date	Review Period	Next Review Date
Abandoned Shopping Trolley Policy	February 2013	n/a	n/a
Acquisition and Divestment of Land Policy	10 June 2014	3 years	10 June 2017
Asset Management Policy	27 June 2018	4 years	27 June 2022
Biodiversity Policy	10 August 2016	3 years	10 August 2019
Bushfire Management Policy	April 2008	n/a	n/a
Bushland Dumping and Encroachment Policy	10 August 2016	3 years	10 August 2019
Climate Change Policy	25 November 2015	3 years	25 November 2018
Code of Conduct	10 April 2019	3 years	10 April 2022
Code of Meeting Practice	1 July 2019	4 years	November 2020
Commercial Leasing Policy	10 June 2014	3 years	10 June 2017
Community Consultation Policy	7 December 2016	4 years	August 2020
Complaints Management Policy	n/a	3 years	n/a
Compliance Policy	24 May 2016	4 years	April 2020
Contaminated Land Policy	15 June 2016	4 years	15 June 2020
Councillor Expenses and Facilities Policy	29 August 2018	3 years	September 2021
Covert Electronic Surveillance for Illegal Dumping Policy	10 March 2015	3 years	10 March 2018
Drone (Remotely Piloted Aircraft) Policy	13 February 2019	2 years	January 2021
Easement Management Policy	27 August 2013	3 years	27 May 2016
Fauna Management Policy	10 August 2016	3 years	10 August 2019
Dividing Fences Adjoining Council Land Policy	08 April 2014	3 years	08 April 2017
Graffiti Management Policy	27 March 2019	2 years	February 2021
Investment Policy	08 February 2017	2 years	February 2019
Landscape Management Policy	11 November 1997	n/a	n/a
Local Approvals Policy	12 September 2018	4 years	14 September 2021
Management of Community and Recreation Land Facilities Policy	27 June 2018	4 years	1 June 2022
Media and Communications Policy	7 December 2016	3 years	7 December 2019
Outdoor Dining and Footpath Trading Policy	9 September 2005	n/a	n/a
Overt Electronic Surveillance in Public Places Policy	25 November 2014	3 years	25 November 2017
Planning Agreement Policy	15 June 2016	4 years	15 June 2020
Private Use of Road Reserves and Nature Strips	29 June 2016	3 years	31 March 2018
Procurement Policy	21 October 2009	3 years	20 October 2012
Property Development and Investment Policy	25 July 2018	2 years	10 April 2020
Rates and Charges including Eligible Pensioner Reduction Recovery Policy	8 July 2009	n/a	n/a
Recreation in Natural Areas Policy	November 2001	n/a	n/a
Relief from Rates Hardship Resulting from Land Valuation Changes Policy	25 July 2012	3 Years	25 July 2015
Social Impact Assessment Policy	23 June 2015	4 years	23 June 2019
Sponsorships and Donations Policy	June 2010	3 years	June 2013
Sustainable Event Management Policy	1 May 2014	3 years	1 May 2017
Temporary Access over Community Land Policy	2003	n/a	n/a
Traffic and Transport Policy	March 2015	n/a	n/a
Tree Management Policy	20 April 1999	n/a	n/a
Water Sensitive City Policy	10 August 2016	n/a	2019
Weed Management Policy	25 July 2018	4 years	25 July 2022

ReSPONSE:

Staff have been and will continue to update policies and will ensure that they are all up to date by the end of the financial year.

The Meeting closed at 8.08pm

The Minutes of the Ordinary Meeting of Council held on 17 September 2019 (Pages 1 - 25)

were confirmed as a full and accurate record of proceedings on 22 October 2019.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 22 October 2019	GB.7 / 72

Item GB.7	FY00259/12
	27 September 2019

Audited General and Special Purpose Financial Statements for the year ended 30 June 2019

EXECUTIVE SUMMARY

Purpose of report:	To present to Council the Annual Financial Statements for the year ended 30 June 2019 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2019.

background:	On 17 September 2019 Council resolved to receive and certify the Draft Financial Statements for the 2018/19 and to refer them to the external auditor. Council also resolved to fix 22 October 2019 as the date for the public meeting to present the statements and audit reports in accordance with Section 419(1) and 419(2) of the Local Government Act.

comments:	This is the final stage of the process of adopting Council’s Annual Financial Statements the year ended 30 June 2019. These Financial Statements have also been endorsed by the Audit, Risk & improvement Committee (ARIC) on 12 September 2019.

recommendation:	That Council receive the audited Financial Statements for the year ended 30 June 2019 and the auditor’s report from the Audit Office of NSW.

Purpose of Report

Background

In accordance with Section 413(2)(C) of the Local Government Act 1993, Council must prepare a statement on the General Purpose Financial Reports as to its opinion on the reports prior to referring them to audit.

On 17 September 2019 Council resolved to receive and certify the Draft Financial Statements for 2018/19 and to refer them to the external auditor. The following certifications were made by the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer:

That Council’s General Purpose Financial Statements have been prepared in accordance with:

* The Local Government Act 1993 (as amended) and Regulations made thereunder

* The Australian Accounting Standards and professional pronouncements

* The Local Government Code of Accounting Practice and Financial Reporting

And that to the best of Council’s knowledge and belief that the statements:

* present fairly the Council’s operating result and financial position for the year; and

* are in accordance with Council’s accounting and other records.

That Council’s Special Purpose Financial Statements have been prepared in accordance with:

* The NSW Government Policy Statement “Application of National Competition policy to Local Government”.

* The Division of Local Government Guidelines “Pricing and Costing for Council Businesses – A Guide to Competitive Neutrality”.

* The Local Government Code of Accounting Practice and Financial Reporting

And that to the best of Council’s knowledge and belief that the statements:

* present fairly the Council’s operating result and financial position for each of Council’s declared Business Activities for the year, and

* are in accordance with Council’s accounting and other records.

These Financial Statements have also been endorsed by the Audit, Risk & improvement Committee (ARIC) on 12 September 2019.

Comments

Council’s external auditor, the Audit Office of NSW audited the General Purpose Financial Statements and Special Purpose Financial Statements for the financial year ended 30 June 2019 and expressed an opinion on the financial statements based on their audit. The Auditor’s letter forms part of the Annual Financial Statements and includes the following opinion:

Auditor’s opinion

In my opinion,

· the Council’s accounting records have been kept in accordance with the requirements of the Local Government Act 1993, Chapter 13, Part 3, Division 2 (the Division)

· the financial statements:

- have been presented, in all material respects, in accordance with the requirements of this Division

- are consistent with the Council’s accounting records

- present fairly, in all material respects, the financial position of the Council as at 30 June 2019, and of its financial performance and its cash flows for the year then ended in accordance with Australian Accounting Standards

· all information relevant to the conduct of the audit has been obtained

· no material deficiencies in the accounting records or financial statements have come to light during the audit.

Subsequent to the meeting on 17 September 2019 and the receipt of the Auditor’s letter, the Annual Financial Statements were placed on public exhibition. Written submissions from the public were invited, but at the time of writing this report none were received. Submissions received up to 4.30pm on 22 October 2019 will be circulated to Councillors on the night of the meeting. Section 420 of the Act requires that all submissions in respect of the audited Financial Statements must be in writing and must be lodged with the Council within 7 days after this meeting. Copies of all submissions received must be referred to Council’s external auditor.

This is the final stage of the process of adopting the Financial Statements for 2018/19.

The audited financial statements, together with the audited reports for the year ended 30 June 2019 are hereby presented to Council. The Financial Statements are also presented under separate cover.

Financial Performance and Position of Council as at 30 June 2019

The comments below provide highlights of Council’s financial performance during 2018/19 and position as at 30 June 2019.

A summary of the financial results from the Audited Financial Statements is presented below:

RESULTS FOR THE YEAR

Operating Result

Council’s net operating result for the 2018/19 financial year is disclosed in the Income Statement. Council’s operating result is strong. For the financial year ended 30 June 2019 Council had an operating surplus excluding revenue from capital grants and contributions of $15.5m compared to $5.6m in the previous year (2017/18).This variance is mainly due to reduced depreciation expense from review of useful lives of infrastructure assets, fair value increment from the investment property valuation and increased income in “Other Revenue”. The operating result after capital grants and contributions was $29.3m, a decrease of $3.2m in comparison to the previous financial year ($32.5m), mainly due to reduced income from development contributions.

The operating surplus means that Council’s revenue exceeds both the cost of running its day to day operations and the depreciation of its assets. This surplus is available for capital works.

The operating result (shown separately as including and excluding capital grants and contributions) for the last three financial years is provided in the chart below.

The table below sets out the results for the year by revenue and expenditure items and the extent (%) that each of these categories contributed to the total.

REVENUE ITEMS

During the 2018/19 financial year Council received $149m in income from Continuing Operations from the following sources:

Rates & Annual Charges

Rates and annual charges contributed $85.4m (58%) compared to $82.9m in 2017/18. Rates income, including special levies, increased by a total of 3% from the last financial which is in line with the increase in the rate peg and changes in supplementary valuations.

User Charges & Fees

User Charges and Fees totalled $21m compared to $20m in 2017/18, an increase of 4.6%. This category of income mainly includes regulatory/statutory fees and community facilities hire. The increase from 2017/18 financial year was mainly due to compliance levy of $1m received during the financial year.

Interest and Investment Revenue

A total of $5.8m compared to $5m in 2017/18 was received from interest revenue. Council's investment portfolio performed strongly during the financial year due to an increased investment portfolio size and better than expected returns. Total Cash and Investments at the end of the financial year totalled $192m. Council’s total return of 2.98% p.a. for the financial year is considered strong given current conservative interest rates. Compared to original budget, the net return on investments at the end of June 2019 was favourable.

Other Revenue

Income from “Other Revenue “totalled $13m compared to $11m in the previous year. Other revenue includes rental income, parking and other statutory fines and other type of income not included in fees and charges. The main increase from last financial year is due to settlement of legal proceedings of $1.1m and recovered cost from doubtful debts of $740k.

Fair Value on Investment Property

Council obtained an independent valuation of its investment property (828 Pacific Highway, Gordon) at the end of the reporting period. This has resulted in an increase in the fair value of $1.99m compared to last year’s valuation.

Operating Grants and Contributions

During 2018/19 a total of $8m compared to $8.4m in 2017/18 was received in operating grants & contributions. This is a decrease of 4% on the previous financial year largely due to reduced Roads to Recovery grants received in 2018/19 compared to 2017/18. Two instalments of the financial assistance grant (FAG) for 2019/20 was received in advance during the year.

Capital Grants and Contributions

Grants and Contributions provided for capital purposes decreased by 48% on the previous financial year with $13.8m received in 2018/19 compared to $26.9m received in 2017/18. This was largely due to decreased development contributions.

EXPENDITURE ITEMS

Total Operating Expenses for the financial year ended 30 June 2019 were $120m, compared to $123m in 2017/18, this is a decrease of 2.13% on the previous financial year.

Employee Benefits and On-costs

Employee Costs were $39.6m compared to $39.8m in 2017/18, which is a decrease of 0.6% on the previous financial year. No major variations noted.

Borrowing Costs

Borrowing Costs totalled $700k compared to $676k in 2017/18. No major variation noted.

Materials & Contracts

Materials & Contracts is the largest category of expenditure representing 38% of the total expenditure. A total of $45.7m compared to $44m in 2017/18 was spent on Materials and Contracts, an increase of 3.6% on the previous financial year. The principal component of this increase is within contractors and consultancy costs.

Depreciation and Amortisation

In 2018/19 Council undertook an annual review of fair value including assessment of Infrastructure assets useful lives. The review highlighted that infrastructure assets’ useful lives applied by Council on average were shorter than other NSW Group 3 Councils and the Metropolitan Councils. A decision was made to align the useful lives for various asset classes. As a result the total Depreciation expense decreased by $3m or 16% on previous year from $20m in 2017/18 to $16.8m in 2018/19.

Other Expenses

Material expenditure items in this category include fire levies, electricity costs, insurance, street lighting, rental rebates and other expenses. Other Expenses decreased by $945k or 5% compared to previous financial year, mainly due to significantly lower doubtful debts than the year before.

Net losses from the Disposal of Assets

Council recorded a net loss from disposal of assets of $156k, mainly due to write off of a number of assets in the fleet and recreational facilities asset class. These assets were disposed from Council’s assets register during the financial year.

Working capital

Working capital is a measure of Council’s liquidity and ability to meet its obligations as they fall due. It is one of the primary measures of the overall financial position of Council, which allows for unforeseen expenditure or reductions in revenue. Working capital represents Council’s net current assets, after deducting internal and external restrictions.

The available working capital at the end of the financial year stood at $6.7m. However this amount includes an early payment by the government of the two instalments of the 2019/20 Financial Assistance Grant (FAG). When FAG is excluded the working capital is reduced to $4.87m, which is in line with the target identified in Council’s Annual Budget. This level of working capital highlights an adequate liquidity position with Council being able to meet its short term liabilities when they fall due.

Chart below provides a comparison of Council’s working capital for the last 3 financial years. The main increase from the previous financial year is attributable to FAG instalment of $1.9m received in advance in 2018/19.

Cash Flow

Cash and investments amounted to $192m at the end of the financial year as compared with $177m in 2017/18. Cash inflows from operating activities decreased from 2017/18 as a result of reduced S7.11 contributions by $11m; however this was offset by a decrease in net cash outflow from investing activities (transfer of funds from cash to investments with other financial institutions) from previous year by approximately $30m which contributed to an improvement in the net cash flow for the year.

Externally restricted Cash

Externally restricted cash and investments are restricted in their use by externally imposed

requirements and consisted of unexpended development contributions (Section 7.11), domestic waste management charges, unexpended grants and other special levies. At the end of the year the total amount of restricted funds was $152.7m.

Internally Restricted Cash

Internally restricted cash and investments include those funds the uses of which are only

restricted by resolution of Council to reflect future plans and identified program of works and are Council’s reserves. These reserves totalled $36.1m.

Unrestricted Cash and Investments are funds available for day to day operations of Council and amounted to $3.7m.

PERFORMANCE MEASUREMENT INDICATORS

The Statement of Performance Measurement (Note 24 of the Audited Financial Statements and Special Schedule 7) provide ratios used to assess various aspects of Council’s financial performance. These ratios have been prescribed by the Code of Accounting Practice for 2018/19. The Infrastructure assets ratios listed in “Special Schedule 7 - Report on Infrastructure Assets” are Building & Infrastructure Renewal Ratio, Infrastructure Backlog Ratio, Asset Maintenance Ratio and Cost to bring assets to agreed service level. All financial ratios with the exception of two Infrastructure assets ratios (backlog ratio and infrastructure renewals ratio) have achieved or outperformed identified benchmarks.

The results of the financial indicators, including asset ratios, providing previous three year comparisons are detailed in the table below.

Operating Performance Ratio

This ratio measures Council’s achievement of containing operating expenditure within operating revenue. It is important to distinguish that this ratio is focussing on operating performance and hence capital grants and contributions, fair value adjustments and reversal of revaluation decrements are excluded. The benchmark is greater than (0%).

Council’s performance ratio of 10.22% is above the benchmark which means that Council can easily contain operating expenditure (excluding capital grants and contributions) within its operating revenue. The ratio has been above benchmark for the last three years. The increase is mainly due to additional revenue from operating activities offset by lower operational expenditure.

Own Source Operating Revenue

This ratio measures fiscal flexibility. It is the degree of reliance on external funding sources such as operating grants and contributions. Council’s financial flexibility improves the higher the level of its own source revenue. The benchmark is greater than 60%.

Council’s Own Source Operating Revenue Ratio (84.91%) has remained above the benchmark of (>60%) in the last three years. Council has sufficient level of fiscal flexibility, in the event of being faced with unforeseen events.

Unrestricted Current Ratio

The Unrestricted Current Ratio is designed to represent Council’s ability to meet short term obligations as they fall due. The benchmark is greater than 1.5x.

Council’s Unrestricted Current Ratio at 3.65x is above benchmark of >1.5x and has been outperforming benchmark for the last three years. Council’s liquidity is good and it can readily pay its debts as they fall due.

Debt Service Cover Ratio

This ratio measures the availability of operating cash to service debt including interest, principal and lease payments. The benchmark is greater than 2x.

The Debt Service Cover Ratio of 17.72x has slightly increased from previous years and is above the benchmark of 2x, mainly due to decreased principal and interest repayments and increased revenue during the financial year.

Rates, Annual Charges, Interest & Extra Outstanding Percentage

The purpose of this ratio is to assess the impact of uncollected rates and annual charges on liquidity and the adequacy of recovery efforts.

The percentage of rates and annual charges that are unpaid at the end of the financial year is a measure of how well Council is managing debt recovery. Council’s ratio of 3.75% is satisfactory and is better than benchmark of less than 5%.

Cash Expense Cover Ratio

This liquidity ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow.

Council’s Cash Expense Cover Ratio (16.3 months) is satisfactory and above benchmark of greater than 3 months.

INFRASTRUCTURE ASSETS RATIOS

Building and Infrastructure Renewal Expenditure

This indicator assesses Council’s rate at which buildings and infrastructure assets are being renewed against the rate at which they are depreciating.

A ratio of 66% indicates that the amount spent on asset renewals is lower than the amount of depreciation on Infrastructure Assets. The renewal ratio did not achieve benchmark mainly due to exclusion of expenditure associated with incomplete projects (work in progress) from the ratio calculation. If work in progress of $3.7m was included, the Renewal ratio increases to 92%. This is still below the benchmark of 100%, however is an improvement on last year’s performance. Council continues to prioritise renewal capital works programs to achieve adequate renewal standards for its assets.

Infrastructure Backlog Ratio

This ratio shows what proportion of the backlog is against the total value of Council’s infrastructure. Council achieved a backlog ratio of 2.51% at the end of 2018/19, which is an improvement from the previous year. The ratio indicates that Council still has an infrastructure backlog. Council is continuing to focus on appropriate asset standards for renewal and decreasing the infrastructure backlog in future.

Asset Maintenance Ratio

This ratio compares actual versus required annual asset maintenance. A ratio of 113%

indicates that Council is investing enough funds within the year to ensure assets reach their useful lives. The benchmark is greater than 100%.

Council is committed to continue to increase expenditure on asset maintenance in future to maintain its infrastructure assets in satisfactory condition in the long term.

Cost to agreed level of service

The cost to bring to level of service is an estimate of the cost to renew existing assets that have reached the condition based intervention level. The proportion of outstanding renewal works compared to the total value of Council’s infrastructure assets was 6% as at end of 2018/19.

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.

L2.1.2 Council’s financial services provide accurate, timely, open and honest advice to the community.

Manages financial performance to achieve targets as defined in the Long Term Financial Plan.

Governance Matters

In accordance with Section 419(1) and 419(2) of the Act:

A council must present its audited financial reports together with the auditor’s reports at a meeting of Council held on the date fixed for the meeting; and

The council’s auditor may, and if so required in writing by the council must, attend the meeting at which the financial reports are presented.

In addition, Section 417(5) of the Act states that:

As soon as practicable after receiving the auditor’s reports, the council must send a copy of the auditor’s report on the council’s financial reports, together with a copy of the council’s audited financial reports, to the Director General – Office of Local Government and to the Australian Bureau of Statistics.

Risk Management

Council is financially sound which positions it well to deal with unforeseen events as they arise.

The Financial Statements are audited by the external auditors who, amongst other things, form an opinion on the Financial Statements whether:

· the Council’s accounting records have been kept in accordance with the requirements of the Local Government Act 1993, Chapter 13 part 3 Division 2; and

· the Financial Statements:

o have been presented in accordance with the requirements of this Division;

o are consistent with the Council’s accounting records;

o present fairly the Council’s financial position, the results of its operations and its cash flows; and

o are in accordance with applicable Accounting Standards and other mandatory professional reporting requirements in Australia.

· all information relevant to the conduct of the audit has been obtained; and

· there are no material deficiencies in the accounting records or financial statements that the auditors have become aware of during the course of the audit.

Financial Considerations

Council achieved a sound financial result for 2018/19. Council’s net operating result for the financial year ended 30 June 2019 is a surplus of $29.3m including Grants and Contributions for capital purposes. After adjusting for Capital Grants and Contributions, the net operating result was $15.5m.

The available working capital at the end of the financial year was $4.87m, which is in line with the target identified in Council’s annual budget.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Council’s Financial Statements were on public exhibition from 19 September 2019 seeking comments from the community on the Statements and the Auditor’s Reports. Section 420 of the Act requires that all submissions in respect of the audited Financial Reports must be in writing and must be lodged with the Council within 7 days after this meeting. Copies of all submissions received must be referred to Council’s Auditor.

Internal Consultation

All departments have been consulted on the end of year financial results for 2018/19.

Summary

The Annual Financial Statements for the year ended 30 June 2019 and audit reports from Council’s external auditor, the Audit Office of NSW are presented to Council. Written submissions from the public have been invited, and may be made up to 31 October 2019. Copies of all submissions must be referred to Council’s auditor. This is the final stage of the process of adopting Council’s Annual Financial Statements for 2018/2019.

Recommendation:

That Council receive the audited Financial Statements for the year ended 30 June 2019 and the

external auditors report from the Audit Office of NSW.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

Audited General and Special Purpose Financial Statements for the Year ended 30 June 2019

Excluded

2019/291685

Ordinary Meeting of Council - 22 October 2019	GB.10 / 113

Item GB.10	CY00445/7

Cat trapping trial and mini cat expo

EXECUTIVE SUMMARY

purpose of report:	To report the results of Council’s recent cat trapping trial and associated educational program.

background:	Council resolved on 23 March 2019 to initiate a three month cat trapping trial in targeted hotspot areas nominated by local residents within Councils’ urban/bushland interface. Council also resolved to host a mini Cat Expo to promote responsible cat ownership, including registration and desexing information, together with showcasing cat containment systems for keeping cats safely contained outdoors.

comments:	The three month cat trapping trial commenced on 6 May 2019 and concluded on 6 August 2019. The program was promoted through the local print media, Council’s website and corporate advertisements. Throughout the trial period, Council received five reports of suspected feral cats, three of which were not in urban/bushland interface areas. The remaining two reports were within urban/bushland interface areas. Each trap was set and monitored for fourteen days; however no cats were caught in urban/bushland interface areas. In association with the trial cat trapping program, a mini Cat Expo was held at Gordon Library from 11 June 2019 to 14 June 2019. The Expo included promotional and educational material about responsible cat ownership, daily guest speakers and cat containment displays. An enclosure was raffled as part of the Expo and used as an enticement to attract visitors to the display.

recommendation:	1. That Council notes the low level of reports and activity of feral cats within the Ku-ring-gai area. 2. That Council not continue with a cat trapping program at this time. 3. That Council continue with responsible cat ownership educational programs in accordance with Councils’ Companion Animals Management Plan. 4. That Council continues to liaise with NSW State Government to pursue amendments to the Companion Animals Act 1998 to reflect similar provisions and restrictions that currently apply to dogs, in respect of prohibiting the roaming and straying of cats, making such action an offence under the Act.

Purpose of Report

To report the results of Council’s recent cat trapping trial and associated educational program.

Background

Council resolved on 23 March 2019 to initiate a three month cat trapping trial in targeted hotspot areas nominated by local residents within Council’s urban/bushland interface areas. Council also resolved to host a mini Cat Expo to promote responsible cat ownership, including registration and desexing information, together with showcasing cat containment systems suitable for keeping cats safely while outdoors.

Comments

Feral cat trapping trial - Methodology

The three month cat trapping trial commenced on 6 May 2019 and concluded on 6 August 2019. Traps were set in targeted feral cat hotspots as nominated by local residents and within Council’s urban/bushland interface areas.

The cat trapping program was promoted through Council’s website, corporate ad and local print media. The promotion of the trapping program commenced in May 2019. The program was again promoted in July 2019.

Councils with recent experiences in feral cat trapping were consulted for best practice operational procedures. Veterinarians from Thornleigh Animal Hospital, Council’s nominated impounding facility, were also consulted. This collaborative approach in sharing and gaining information from experienced practitioners of cat trapping programs resulted in Ku-ring-gai Council Officers learning of; the best types of traps to purchase and use, the additional animal handling equipment required, optimum trap placement positions, required trap cover, suitable bait and enticement, recommended staffing, requirements of Council’s pound facility, suggested letterbox drops of relevant information and anticipation of possible complaints from cat owners.

Standard Operating Procedures (SOP) were developed. The SOPs included initial reporting of feral cat sightings, setting of traps, inspecting traps, handling trapped animals, returning microchipped pet cats to their owners and assessing unidentified animals for possible rehoming or euthanasia.

As part of Council’s education and promotion, a letterbox drop with information material and a “Cats and Wildlife” booklet was given to cat owners in the immediate trapping hotspot areas. The pamphlet informed cat owners about the trapping program and provided information on keeping cats indoors or otherwise contained, particularly at night time. Owners of cats were identified from the Companion Animals Register. Letterbox drops took place approximately three to four days before the setting of the trap.

The search of the Companion Animals Register indicated a high concentration of registered domestic cats in the area around Quarry Creek Reserve.

Feral cat trapping trial - Implementation

During the 2019 cat trapping trial, Council received five reports from local residents regarding feral cats. Three of these reports were of cats on private property and/or not within urban/bushland interface areas. Two reports were of cats within urban/bushland interface areas and traps were set.

The first trap was set at Quarry Creek along Wallalong Crescent, West Pymble on 9 May 2019. Before setting the trap, a letterbox drop was conducted on 6 May 2019. The trap was set with bait and protective hessian cover on a daily basis between 2.00PM and 6.00PM. The trap was checked on a daily basis between 6.30AM and 10.00AM. No cats – or other animals – were caught. Setting of the trap ceased after fourteen days.

The second trap was set in a bushland area near the corner of Morona Avenue and Aleta Close, Wahroonga on 20 May 2019. Prior to the setting of the trap, a letterbox drop was conducted on 17 May 2019. The trap was set with bait and protective hessian cover on a daily basis between 2.00PM and 6.00PM. The trap was checked on a daily basis between 6.30AM and 10.00AM. No cats or other animals were caught and the setting of the trap was also stopped after fourteen days.

Two of the remaining reports of feral cat activity were on private properties. As this fell out of the scope of Councils trial and our statutory delegation does not extend to officers trapping on private land, it was decided to loan traps to residents and to include their results as part of this trapping program.

One resident was loaned a trap for one month from the 25 July 2019. The second resident was loaned a trap for one month from the 5 August 2019. As the trapping happened on private property, the residents themselves were responsible for tending to the traps, with assistance from Council officers to scan any trapped cats. The residents were reminded of their legal obligation to return domestic cats to their owners without delay after establishing the identity of the cat. The result of the private trapping was that one cat was caught on 27 July 2019. The cat was scanned by a ranger and duly returned to a neighbour who was identified as the registered owner. No cats were caught in the second trap. It is worthy to note that one of the traps set on private land captured a brush turkey which was duly released.

Mini Cat Expo

A mini Cat Expo was held at Gordon Library from 11 June to 14 June 2019. The expo included an information stall, with material promoting responsible cat ownership, Cats and Wildlife and suitable cat containment systems, including an interactive display of a cat enclosure and a DIY solution for the top of fences.

Local Veterinarian’s held daily “cat talks”. The cat talks were interactive and attendees were invited to ask questions, share experiences and seek solutions for their cats. The majority of the attendees appeared to be responsible cat owners who contained their cats within their properties.

The mini Cat Expo also gave the opportunity for attendees to enter a draw to win the displayed cat enclosure which was purchased by Council as part of the Expo display. The winning raffle ticket was drawn by Mayor Jennifer Anderson on 20 June 2019. The winner of the cat enclosure was a cat owner from St Ives. Members of the public attending the daily talks were eligible to enter daily raffles for minor prizes such as cat boarding vouchers.

Educational awareness in respect of responsible cat ownership

“Cats and Wildlife” banners were displayed at St Ives Library and Gordon Library. “Cats and Wildlife” booklets were placed and displayed at Council Chambers reception area, Ku-ring-gai libraries, Council Pound facility and local Veterinary clinics.

In the lead up to the Cat Trapping trial, Council’s Companion Animals Management Officer hosted a stall at Council’s Festival on the Green which was held on 5 May 2019. One of the objectives of the stall was to promote the forth coming cat trapping trial and Council’s min Cat Expo.

Costings

The total cost of the three month trial and expo was $18,977.00.

This consisted of;

$2,385.00 for promotion materials, social and local print media, purchase of traps and accessories.

$9,180.00 for staff costs, which included 153 hours of staff time costed at $60.00 per hour.

$7,412.00 to host the mini Cat Expo which included staff time, giveaways and promotional material.

	Hours	Cost
Trapping trial - Promotion and equipment		$2,385.00
- Staff hours	153	$9,180.00
Cat Expo - Promotion and equipment		$2,132.00
- Staff hours	88	$5,280.00
Total		$18,977.00

integrated planning and reporting

Community, people & culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community where residents feel safe and enjoy good health

Programs are implemented to manage risks and impacts on public safety

Implement Companion Animals Management Plan 2018-2020

Governance Matters

Council must enact its delegations in accordance with the Companion Animal Act 1998 and associated Regulation. Council has statutory responsibilities to report its companion animals activities to the Office of Local Government within its Annual Report.

Risk Management

Council had one reported WH&S incident during the cat trapping trial. There was no recorded time loss with this incident.

Council incurred no additional risk in choosing to implement this trial, as operating procedures were put into place to ensure that any animal captured would be dealt with humanely and in accordance with best practice guidelines.

Financial Considerations

The total costing of the project, inclusive of materials and labour, was $18,977.03. This program was unfunded in Council’s adopted budget 2019-2020 and so partly funded via the decision to cancel Council’s this year’s annual “Dogs Day Out” event.

Social Considerations

The trapping of cats and/or introduction of local policies restricting cats may have a significant impact on local residents, particularly those that reside near designated urban/bushland interface areas. Council had to consider social factors which included the possibility that Council staff would trap a high number of privately owned pet cats during the trial. Council was potentially liable for trapping cats that are legally registered and allowed to roam under current legislation. The above mentioned scenario was the case in Willoughby Council during their feral cat trapping program. Willoughby Council experienced a high rate of complaints from cat owners.

Environmental Considerations

The cat trapping program and cat expo assisted in increasing public awareness of the impacts of roaming cats within bushland areas and how attacks on native wildlife have significant effects on our local ecosystems.

Community Consultation

There has been no consultation with the Ku-ring-gai community in the preparation of this report. However, a letterbox drop, with informative material, was distributed to cat owners in the immediate residential areas surrounding the reported hotspot trapping areas. The cat trapping program was promoted through Council’s website, corporate ad and local print media.

Internal Consultation

Internal consultation and collaboration between relevant staff within the departments of Development & Regulation, Strategy and Environment (Bushland Services) and Community occurred prior and during the trial program.

CONCLUSION

The three months cat trapping trial resulted in five reports of feral cat activity. Three of the reports were identified as being from private property and not within urban/bushland interface areas. Two residents were loaned Council traps to undertake trapping on their properties. The two remaining reports in urban/bushland interface areas were in Quarry Creek Reserve West Pymble and Morona Avenue bushland Wahroonga.

Only one cat was caught during the trial. This cat was trapped by a resident on private property. The cat was registered and microchipped and identified as domestic, belonging to a neighbour.

The results of the trial support the initial opinion expressed in the report to the Council Meeting of 23 March 2019 that there is little evidence that indicates that there is a feral cat problem in Ku-ring-gai. The results of the trial suggest that Ku-ring-gai Council should focus more on the impacts of domestic companion animal cats rather than feral cats.

It is therefore also recommended that Council continues to liaise with State Government to pursue amendments to the Companion Animals Act 1998 to reflect similar provisions and restrictions that currently apply to dogs that in respect of prohibiting the roaming and straying of cats, making such action an offence under the Act.

It is further recommended that Council continues to be proactive in the promotion of responsible cat ownership. This is proposed to be done through dissemination of relevant information on responsible cat ownership, including amendment of Council’s Companion Animals Management Plan so as to include the hosting of a biannual cat expo or similar event which highlights responsible cat ownership and the adverse impact on wildlife of irresponsible cat ownership.

In conclusion, it is noted that Ku-ring-gai Council enjoys one of the highest lifetime domestic animal registration rates in New South Wales. Council’s current rate is 93.9% compared to the State average of 53%. Statistics from NSW Companion Animals Register also show that 82.3% of all cats on the Register and residing in Ku-ring-gai are desexed compared to the State average of 35%. These high results are believed to be attributed to our ongoing proactive education programs and registration audits.

Recommendation:

A. That Council notes the low level of reporting and activity of feral cats within the Ku-ring-gai area.

B. That Council does not continue with a cat trapping program at this time.

C. That Council continues with its responsible cat ownership education program in accordance with Councils overarching Companion Animals Management Plan.

D. That Council continue to liaise with NSW State Government to pursue amendments to the Companion Animals Act 1998 to reflect similar provisions and restrictions that currently apply to dogs, in respect of prohibiting the roaming and straying of cats, making such action an offence under the Act.

Vibeke Faurby

Companion Animals Management Officer

Anne Seaton

Manager Regulation & Compliance

Tony McCormack

Team Leader Regulation

Michael Miocic

Director Development & Regulation

Ordinary Meeting of Council - 22 October 2019	GB.11 / 119

Item GB.11	S12227

Urban Forest Policy

EXECUTIVE SUMMARY

purpose of report:	To inform Council of the draft Urban Forest Policy and seek approval to place the draft policy on public exhibition.

background:	The Ku-ring-gai Urban Forest comprises all of the trees, other vegetation as well as the soil and water that support these. Urban Forestry provides a holistic approach addressing both the individual needs of species and the requirements of the entire population of trees and other vegetation. Council’s shift to an Urban Forestry approach marks a significant step in improving Ku-ring-gai’s Urban Forest and is necessary in order to: · ensure that the unique visual character and identity of Ku-ring-gai is maintained; · maximise the social , biological physical, and aesthetic benefits that trees and vegetation provide; and · enable consideration of interrelated issues such as biodiversity and ecosystem services, open space and public recreation needs, development pressures, urban heat island, climate change.

comments:	The purpose of the policy is to provide a set of guiding principles intended to establish a high level framework for the sustainable management of Ku-ring-gai’s Urban Forest. The Urban Forest Policy will replace the Ku-ring-gai Tree Management Policy (1999), The Pro Active Tree Management Policy (2003) and the Landscape Management Policy (1997).

recommendation:	A. That Council endorses the public exhibition of the Draft Urban Forest Policy. B. That any submissions received throughout the public exhibition period be considered for inclusion in a final draft for adoption by Council.

Purpose of Report

To inform Council of the draft Urban Forest Policy and seek approval to place the draft policy on public exhibition.

Background

The Ku-ring-gai Urban Forest comprises all of the trees, other vegetation as well as the soil and water that support these. It includes the network of vegetation within both public and private ownership, encompassing the spectrum of vegetation growing within:

· natural soils that exists independent of human involvement;

· altered soils, including gardens, bioretention basins, raingardens; and

· engineered structures such as tree cells/vaults, vertical gardens, roof top gardens

Urban Forestry provides a holistic approach addressing both the individual needs of species and the requirements of the entire population of trees and other vegetation.

A shift from the traditional tree and vegetation management approaches employed by Council to an Urban Forestry approach is necessary in order to:

· ensure that the unique visual character and identity of Ku-ring-gai is maintained;

· maximise the social, biological, physical, and aesthetic benefits that trees and vegetation provide; and

· enable consideration of interrelated issues such as biodiversity and ecosystem services, open space and public recreation needs, development pressures, urban heat island, climate change and extreme weather events.

This shift marks a significant step in improving Ku-ring-gai’s Urban Forest and provides alignment with regional approaches to urban forestry that have been made internationally, nationally and by state government agencies in recent times.

Comments

The purpose of the Policy is to provide a set of guiding principles intended to establish a high level framework for the sustainable management of Ku-ring-gai’s Urban Forest.

The Draft Urban Forest Policy 2019 (Attachment A2) is a new policy that replaces the Ku-ring-gai Tree Management Policy (1999), The Pro Active Tree Management Policy (2003) and the Landscape Management Policy (1997). Since the adoption of these policies there have been a number of changes in NSW Government legislation, Australian Standards, Codes of practice and associated Polices and Guidelines that relate to tree and vegetation management.

The Urban Forest Policy provides a framework informing the creation and implementation of an Urban Forest Strategy and Urban Forest Monitoring Program and continued development of the Urban Forest Replenishment Program. All of which are included as priority actions within the draft Ku-ring-gai Local Strategic Planning Statement (LSPS). Council strategies/programs and targets will be focused around the following key areas:

· identification of tree and other vegetation targets (including canopy targets);

· risk to and from the urban forest (including pests, disease);

· urban forest species, structural and age diversity;

· asset management, including monitoring, protection, replacement, removal, planting and

· partnerships, advocacy and community engagement.

The Urban Forest Strategic Directions Document (Attachment A1) supports this policy and will form the basis of an Urban Forest Strategy, to be developed in 2020/2021.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P1.1.1 Strategies, plans and processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character

P1.1.1.6 Develop an Urban Forest Policy

Governance Matters

The Urban Forest Policy ensures that management of trees and vegetation within the Local Government Area is consistent with legislation, national, state and regional policies and strategies and that a consistent management framework is applied across Council.

This policy and future Urban Forest Strategy will inform Councils management and regulation of trees and vegetation through its Local Environmental Plans (LEPs), Development Control Plans (DCPs) as well as other related legislation, standards, codes and guidelines. This includes direction for the protection, planting and management of trees and vegetation (within landscaping, riparian, biodiversity and tree and vegetation preservation controls), regulated by the NSW State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and the NSW Biodiversity Conservation Act 2016.

Under the Local Government Act 1993, Councils are required to manage the local environment with consideration to the principles of Ecologically Sustainable Development (ESD), which incorporates the Precautionary Principle. Section 7e of the Act requires ‘Councils, Councillors and Council employees to have regard to ESD principles in carrying out all of their responsibilities’.

Risk Management

The Urban Forest Policy provides a framework which recognises and utilises the positive contribution provided by the Urban Forest. Including an ability to decrease risks related to heat, flooding, and climate change. The policy also recognises the need to balance tree and vegetation regulation and protection with the management of risk to life, property and infrastructure through industry best practice.

Financial Considerations

The management actions associated with the implementation of this policy is partly funded through Environmental Levy and Council’s recurrent budget. Actions identified within the Urban Forest Strategy, Monitoring Program and Replenishment Program will be assessed via a cost / benefit analysis, to prioritise management actions that represent the best value for investment for Council.

Whilst extra funding, through external grants, will also be sought for the implementation of additional management actions, further support for future management of the Urban Forest may be required. This may include support for actions within the Urban Forest Monitoring and Replenishment Programs, creation of an Urban Forest Strategy and implementation and planning of Ku-ring-gai’s Green Grid (as identified within Ku-ring-gai’s Green Grid Strategy, to be created 2022-2024). Increased project funding for agreed Urban Forest targets (including canopy) may also be a longer term implication of this Policy shift.

Social Considerations

This policy recognises and promotes the social, health and well-being benefits that a healthy sustainable Urban Forest can provide to its community.

Environmental Considerations

The shift to Urban Forestry will enable the consideration of interrelated issues such as biodiversity and ecosystem services, open space and public recreation needs, development pressures from urbanisation and projected population growth (housing needs), urban heat island, climate change and extreme weather events. Improved management of this asset will benefit the environment.

The Urban Forest Policy provides support to the protection, creation and management of trees and vegetation, adding to Ku-ring-gai’s biodiversity and habitat. This policy and its subsequent strategy will support the implementation of green infrastructure, water sensitive urban design, provision of open space and improvement of Ku-ring-gai’s Green Grid.

Community Consultation

The Urban Forest Policy is based on the principle that partnerships, advocacy and community engagement are integral to effective urban forest management.

As part of policy development it is intended that the Draft Urban Forest Policy be placed on Public Exhibition for residents and other interested stakeholders for comment.

Internal Consultation

All staff from across Council have been involved in the preparation of this policy.

Summary

The Urban Forest Policy marks a significant step in improving Ku-ring-gai’s Urban Forest, shifting Ku-ring-gai’s tree and vegetation management to an Urban Forestry approach, addressing both the individual needs of species and the requirements of the entire population of trees and other vegetation.

The Policy provides a set of guiding principles intended to establish a high level framework for the sustainable management of Ku-ring-gai’s Urban Forest, including trees, other vegetation as well as the soil and water that support these. The policy will replace the Ku-ring-gai Tree Management Policy (1999), The Pro Active Tree Management Policy (2003) and the Landscape Management Policy (1997).

Public exhibition of the draft policy is proposed and recommended as part of the community consultation process. It is understood that once adopted that the Policy will be reviewed every 4 years in keeping with policy requirements.

Recommendation:

A. That Council endorses the public exhibition of the Draft Urban Forest Policy.

B. That any submissions received throughout the public exhibition period be considered for inclusion in a final draft for adoption by Council.

Greg Narker

Tree Management Coordinator

Penny Hemsworth

Team Leader - Natural Areas

George Bounassif

Director Operations

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Strategic Directions Paper		2019/287505
	A2⇩	Draft Urban Forest Policy		2019/287571

Ordinary Meeting of Council - 22 October 2019	GB.14 / 170

Item GB.14	S12263

Ku-ring-gai Creative Arts Facilities - Options Paper - Public Submissions

EXECUTIVE SUMMARY

purpose of report:	To report to Council the results of the public exhibition of the draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper and recommend next steps.

background:	The draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper was reported to Council on 11 June 2019. Council resolved to adopt the draft Options Paper for public exhibition. The report was placed on exhibition for a period of one month between 22 August and 20 September 2019.

comments:	A total of 26 public submissions have been received during the exhibition period from 22 August to 20 September, 2019 inclusive.

recommendation:	That given the significant opposition raised in the submissions received, it is proposed to discount Option 1 from further consideration. That Council undertake a final study to determine a preferred option and strategy. The study will include high-level design concepts, cost estimates, a cost/benefit analysis and financial analysis of Options 2 and 3 as part of further interrogations to determine the most appropriate and realistic strategy in terms of the funding and delivery.

Purpose of Report

To report to Council the results of the public exhibition of the draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper and recommend next steps.

Background

The draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper was reported to Council on 11 June 2019. The purpose of this 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, considering both existing buildings and new buildings (if required). The study 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.

Based on a survey of existing creative arts facilities, a review of the extensive range of facility studies and plans and consultation with stakeholders across the visual and performing arts, the study sets out a series of options which outline the facilities required to meet current and anticipated future facility needs of the creative arts. The review includes consideration of alternative proposals for the future of the Ku-ring-gai Arts 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 and develop additional visual arts facilities elsewhere in the LGA.

Comments

The draft strategy analyses three (3) options for the overall provision of creative arts facilities across the Ku-ring-gai LGA:

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

· Option 2 – Retain and Consolidate – Consolidate all creative arts activities into three (3) facilities – namely Marian Street Theatre, the Ku-ring-gai Arts Centre and the proposed Gordon Hub. In this option the performing arts facilities remain consistent between 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 Arts Centre would continue to provide the range of visual arts activities that it currently delivers.

· Option 3 – Multiple Facilities – Consolidate all creative arts activities into three (3) primary facilities as per Option 2 and augmented by smaller facilities for specific creative arts activities.

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 was supported by an analysis of the strengths, weaknesses, opportunities and threats (SWOT) of each option.

A total of 26 public submissions were received during the exhibition period from 22 August, 2019 to 20 September, 2019 inclusive. Overall the submissions indicate a preference for Option 3 and to a lesser degree Option 2.

The key issues raised in the submissions received are summarised in Table 1 below, with a response provided. All submissions are provided in full in Confidential Attachment A1.

Table 1 – Summary of Public Submissions

Issues Raised	Council Response
Support for proposed Option 3 in the context of the northern part of the LGA being significantly underserviced/disadvantaged by a lack of creative arts facilities for all age groups. It is considered that this is the best option for the provision of facilities - for the present day and into the future.	Support for Option 3 noted.
Support for the retention of the current Arts Centre and opening of more facilities across the LGA as required.	Noted, consistent with findings of the report specifically Options 2 & 3.
The Arts Centre is very old and has had limited upgrades in 30 years however it is considered a very important part of the Ku-ring-gai’s cultural and social life.	Concerns noted. Retention and upgrading/rebuilding of the current arts centre is consistent with the findings of the report specifically Options 2 & 3.
Closure of the Arts Centre would be a great loss to the community in terms of developing skills and interests in artistic endeavours in a range of creative areas, particularly glass making, as there are very limited facilities in metropolitan Sydney to learn this skill.	Concerns noted. Retention and upgrading/rebuilding of the current arts centre is consistent with the findings of the report specifically Options 2 & 3.
The loss of the Ku-ring-gai Arts Centre facility would exacerbate social isolation, which is unacceptable.	Concerns noted. Retention and upgrading/rebuilding of the current arts centre is consistent with the findings of the report specifically Options 2 & 3.
Facilities that entice young people to create are essential.	Noted, consistent with the findings of the report.
The Gordon Hub could accommodate space for an artist-in-residence, regional gallery and multi-purpose facilities where musicians can record and practice, artists can collaborate and theatre makers can rehearse and perform.	Noted, consistent with the findings of the report specifically Options 2 & 3. The opportunity for music recording and practice in Gordon is noted.
Support for an exhibition space specifically for artists (with bespoke lighting, hanging systems, storage). Marian Street Theatre would be an ideal location for this.	Support for purpose-built exhibition space is noted. The scope of the Marian Street Theatre (MST) refurbishment includes the potential for a small, informal exhibition space in the proposed foyer area.
Priority should not just be given to professional artists/ touring exhibitions, at the expense of local community groups.	Noted - this is generally consistent with recommendations of the report.
Support for proposed Option 2 – the report’s SWOT analysis demonstrates good reasons for employing a ‘dispersed’ approach to the provision of facilities and retention of the Arts Centre.	Support for Option 2 noted.
Ku-ring-gai Arts Centre is highly patronised and popular facility. Consider a second facility in the northern part of the LGA if need justifies this.	Noted. Consistent with findings of the report, specifically Options 2 & 3. The report notes the importance of the existing Centre and recommends Option 3 as the preferred option which includes the retention and upgrading of the Arts Centre in-situ.
Inclusion of Arts related facilities in the proposed Gordon Hub are important in meeting the needs of a growing and diverse demographic. A purpose built exhibition space in the Gordon Hub for exhibitions & for emerging artists to display their works would be a very positive addition to the visual arts arena.	Support for new arts facilities and exhibition space in Gordon Hub noted. Consistent with the findings of the report, specifically Options 2 & 3.
Submission raises concern in relation to Option 1 in the context of the potential loss of the Ku-ring-gai Arts Centre. Circa 1980, the Roseville Bowling Club offered the bowling club facilities to the Council on the understanding that the facility would be maintained for a worthy community use for the residents of Ku-ring-gai. At the time Ku-ring-gai was already serviced by many sporting facilities, but with limited capacity to offer the teaching of visual arts, despite the strength of the local creative community. Whilst it now has its limitations (due to its age and minimal improvements), the Arts Centre is an immensely popular facility (both by local residents and visitors from outside Ku-ring-gai), with an inherently creative atmosphere and strong community base in a peaceful setting adjacent to the park.	Concerns noted relating to Option 1 which proposes to relocate the Ku-ring-gai Arts Centre to a new cultural hub in Gordon. Support for retention of Arts centre in current location, specifically Options 2 & 3.
Submission states that the Arts Centre would be hard to replicate in a new ‘Hub’ facility. Council should allocate sufficient funds to upgrade and maintain the existing Arts Centre. It is considered that the Gordon Hub is too far into the future and not a given. Nor is it a suitable venue for the types of art practices that currently take place in the Arts Centre.	Support for retention and upgrading of Arts centre in current location, specifically Options 2 & 3. The report notes the importance of the existing Centre and recommends Option 3 as the preferred option which includes the retention and upgrading of the Arts Centre in-situ.
Submission states that the Arts Centre would benefit from a purpose built space catering for jewellery courses to diversify its attendance, as there are no other classes like it within a 20km radius.	Potential for purpose-built jewellery maker spaces noted.
The Arts Centre needs to be upgraded and include a café to encourage more people (both locals & visitors from outside the LGA) to frequent the facility.	Support for retention of Arts centre in current location, specifically Options 2 & 3. Potential for café associated with Arts Centre noted. The capacity of the existing building is limited and without full reconstruction would be unable to accommodate additional facilities. Financial implications of this require further assessment.
Council needs to invest more in promoting the Ku-ring-gai Arts Centre and revamp the Council website, so that the facility’s details are more easily found. Many locals do not know the Arts Centre exists.	Council has recently appointed a Visitor Experience & Events Manager whose remit, is in part to investigate opportunities across the Ku-ring-gai LGA which will maximise visitation to the area, including the identification of a preferred range of services, activities, programs and promotion of Council facilities.
Submission asserts that the proposed Gordon Hub would not be able to accommodate all the creative arts courses needed for an expanding population.	Noted, this is consistent with the findings of the report. Submission does not support Option 1.
Concerns raised over the suggestion that ‘dirty and noisy’ art practices potentially be moved to the St Ives Showground. That precinct has very limited access to public transport services, which would have a significant/negative impact on current users who frequent the Ku-ring-gai Arts Centre.	Difficulty of access St Ives Showground is noted. Council will further investigate the suitability of the St Ives Showground for creative art practice facilities.
Submission states that if in the future, the need dictates that a second facility is required in the northern sector of the LGA, it would be better co-located in the proposed Turramurra Community Hub project.	Suggestion for a second arts facility co-located in the proposed Turramurra Community Hub project is noted for further investigation.
Submission states that the existing Ku-ring-gai Arts Centre is not purpose-built and is vastly outdated.	Concern that the existing arts centre building is not fit-for-purpose is noted.
There needs to be a purpose-built facility, with studios specifically for drawing, painting, printmaking, photography, 3D printing and artist studios for hire, including an artist-in-residency program. Council should investigate the possibility of increasing the height of the new facility to include more studios and exhibition space on an upper level – this doesn’t appear to have been considered in the draft Strategy.	The need for a purpose- built art centre with a potential additional level is noted.
Submission supports accommodating sculpture, ceramics and an artist residency program with artist studio space for hire, at the St Ives Showground. The advantage of the latter, is that it could be delivered in the interim, while the Arts Centre is being redeveloped, thus offering a continuity of creative arts facilities/activities.	Council will further investigate the suitability of the St Ives Showground for creative art practice facilities. Support for Option 3.
The Wildflower Gardens could accommodate a sculpture garden, to attract visitors to the area.	The idea for a sculpture garden at the Ku-ring-gai Wildflower Gardens is noted for further investigation.
There is a need for a purpose-built gallery, gallery shop and cafe which would become a ‘destination’ - located close to public transport, cafes/restaurants and professionally curated in order to attract visitors to the area.	Support for a new gallery noted. Investigations as part of the Gordon Civic Hub master plan will consider the inclusion of a gallery/exhibition space. Support for Options 2 & 3.
A purpose built gallery should be aligned with a library – therefore the preference would be in the Lindfield Hub rather than the Gordon Hub, as it’s not yet known where the latter will be located or when it will be delivered.	Support for new gallery noted. Investigations as part of the Gordon Civic Hub master plan will consider the inclusion of a gallery/exhibition space and co-location with Gordon library as the gallery space needs to centrally located within the LGA.
The Study fails to address the symbiotic relationship between school holidays and children’s programs and maximising the use of the park adjacent to the Ku-ring-gai Arts Centre.	Noted. The advantage of the current Arts Centre is that it is located within Bancroft Park.
It is vital to factor in what the arts and culture offer the community and how beneficial it is for health and wellbeing. This has been successfully demonstrated in other LGAs that have invested in the arts/cultural facilities.	Noted, Council understands the importance of the arts and culture and is committed to delivering improved facilities. The North District Plan requires Council to consider arts and culture as part of its strategic planning. Relevant planning priorities within the North District Plan are: · Planning Priority N3 – providing services and social infrastructure to meet people’s changing needs; · Planning Priority N4 – Fostering healthy, creative, culturally rich and socially connected communities; and · Planning Priority N6 – Integrate and support arts and creative enterprise and expression. Augment or provide community facilities, services, arts and cultural facilities.
Submission notes that the draft Options Report is strong and encouraging in its consideration of the community (as audiences, learning groups and artists), it is very much lacking in terms of representing the growing diversity of the community and their interest in culturally varied and contemporary presentations. The stakeholder engagement undertaken is not representative of the extensive, diverse (non-Anglo) art practices and needs in the Ku-ring-gai LGA.	Concerns noted. Council intends to further investigate this issue as part of the next stage of the study.
Need to differentiate Gordon Hub from other local facilities, by providing purpose built artist facilities that are not re-purposed and ultimately not suitable for its end users. There is a need for the following purpose built facilities · a workshop for local artists to hire at reasonable rates; · printmaking facilities with multiple presses; - artist residencies (including basic accommodation) for both Australian & International artists; · facilities for disabled artists and · a drop in centre for older residents offering art classes and workshops, to encourage inclusivity for socially isolated residents.	Noted, consistent with findings of the report specifically Options 2 & 3. Council understands the importance of the arts and culture and is committed to delivering improved facilities in the most appropriate locations.
Council should co-ordinate with local businesses in the instances where there are vacant shops – to create opportunities for artists to hire these spaces, at reduced rates for pop up galleries, adding to street activation and capturing passing foot traffic.	Noted. There are examples of other Council’s successfully instigating similar initiatives. This idea would be considered as part of a new Cultural Plan for the LGA.
Concerns raised over the community not knowing about this study and the lack of time to make public submissions.	A series of targeted stakeholder workshops were facilitated by Brecknock Consulting in February, 2019. The Options Paper was placed on exhibition on Council’s website for the period of one month from 22 August to 20 September, 2019 inclusive. Multiple channels of communication were used to ensure maximum reach to all members of the community and to ensure that it was convenient to provide written feedback. Engagement methods used included – media releases, Ku-ring-gai E News, Mayor’s E News, Mayor’s Column and social media outlets. Council has also taken receipt of late submissions and included them for consideration in this report.
The provision of affordable spaces (performance, rehearsal & creating) for hire by creative arts groups is critical. Affordable spaces can also apply to teaching & training. The cost of other facilities in proximity to Ku-ring-gai such as the Concourse at Chatswood, are prohibitively expensive to hire. This issue of affordability has not been appropriately addressed in the Options Paper.	Noted. This issue will be further interrogated when the next stage of this study is carried out and a preferred option is refined and adopted.
It is unfortunate that the draft report does not consider in any detail the timing of the provision of the proposed new facilities, including Marian Street Theatre (MST) and the Gordon Hub. Local creative arts groups are impacted by not knowing when new facilities are likely to become available for use and what these new venues will provide in terms of much needed facilities.	Noted. The remit of the draft Strategy was to assess the pros and cons of each of the three (3) proposed options. The issue of timing of when facilities will be delivered will be further interrogated when the next stage of this study is carried out and a preferred option is refined and adopted.

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 however are not designed for the diverse needs of contemporary performance, arts and cultural interests. Council will continue to plan for venues that cater for a diverse range of cultural events. At the same time we 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 draft Ku-ring-gai Creative Arts Facilities Strategy – Options Paper 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 and configuration that will meet the long term needs of its diverse users and are in locations that will ensure equitable access to residents in all parts of the LGA.

Financial Considerations

The proposals in the Options Report have financial implications for Council both in terms of CAPEX and OPEX. To some extent these costs have already been accounted for as follows:

· 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); and

· the costs of a new cultural facility as part of the Gordon Hub would be funded by the project using a similar financial model to that being used for the Lindfield and Turramurra Hubs where the costs are largely covered by development contributions and the financial returns from the project.

However funding sources for improvements to the Ku-ring-gai Arts Centre and additional facilities proposed as part of Options 2 & 3 (such as a professional standard music rehearsal and recording studio & a new art workshop complex for art ceramics, printmaking and sculpture) have not been identified.

It is therefore recommended that further investigations be undertaken to prepare high-level design concepts, cost/benefit analysis and costings to determine the most appropriate and realistic strategy in terms of funding. It is anticipated the cost of this study would be in the vicinity of $80,000.

It is recommended that the funding for this additional study use funding from the current project account PW 108238 Gordon Civic Hub on the basis that the largest proportion of new floor space for cultural facilities will be accommodated in Gordon (excluding Marian Street which is already funded).

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, recycling programs 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

In February 2019, a series of targeted stakeholder workshops with visual and performing arts groups within the Ku-ring-gai LGA were facilitated by Brecknock Consulting.

The draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper was placed on public exhibition for a period of one month between 22 August and 20 September 2019, inclusive.

Multiple channels of communication were used to ensure maximum reach to all members of the community and to ensure that it was convenient to provide written feedback. Engagement methods used included:

· Media release (sent to all media outlets) - 23 August 2019;

· KMC webpage inviting written submissions 22 August – 20 September, 2019;

· Ku-ring-gai E News - 6 September, 2019 (11, 200 subscribers)

· Mayor’s E News - 20 August, 2019 (370 subscribers);

· Mayor’s Column;

· North Shore Times corporate advertisement – 22 August 2019 and 12 September 2019; and

· Social media - Council Facebook page, 28 August, 2019; Twitter, 28 August, 2019; Art Centre Facebook page, 28 August, 2019.

Internal Consultation

As part of the preparation of the Options Report 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 draft Ku-ring-gai Creative Arts Facilities Strategy – Option Paper was placed on public exhibition for a period of one month between 22 August and 20 September, 2019. A total of 26 submissions were received.

Overall the submissions indicated a clear preference for Option 3, with lesser preference for Option 2. The submissions show no support for Option 1.

Key points raised by submissions are as follows:

· Ku-ring-gai Arts Centre is highly patronised and popular facility.

· the existing Ku-ring-gai Arts Centre building is not fit-for-purpose;

· the Ku-ring-gai Arts Centre should be retained and upgraded in its current location with purpose-built facilities;

· capitalise on the current location of the Arts Centre in the park, including a café and allocate greater funding for advertising and promotion of this facility;

· provide a new purpose-built cultural hub situated in Gordon, including a gallery/exhibition space, gallery shop, creative spaces and café;

· consider the inclusion of creative arts facilities in the St Ives Showground precinct, accommodating sculpture, ceramics and an artist residency program with artist studio space for hire – this was considered something Council could enact relatively quickly;

· provide a new arts /music recording facilities in the proposed Gordon Cultural Hub facility;

· if the Ku-ring-gai Arts Centre is retained there should be a new centre in the north as the northern part of the Ku-ring-gai is disadvantaged by a lack of creative arts facilities for all age groups;

· consider the inclusion of second arts facility co-located in the proposed Turramurra Community Hub.

The Options Report provides Council with a detailed assessment of the facility needs for creative arts practitioners and how these facilities might be arranged or located across the LGA.

Given the significant oppositions raised in the submissions received, it is proposed to discount Option 1 from further consideration – the Ku-ring-gai Arts Centre is clearly a valuable community asset with longstanding support and utilisation. Options 2 & 3 have good levels of support however there is currently insufficient information regarding the overall cost of the facilities proposed for Council to make a final decision at this juncture.

It is therefore recommended that Council undertake a final study to determine a preferred option and strategy. The study would include high-level design concepts, cost estimates, a cost/benefit analysis and financial analysis of Options 2 and 3 as part of further interrogations to determine the most appropriate and realistic strategy in terms of the funding and delivery.

Recommendation:

A. That given the significant opposition raised in the submissions received, it is proposed to discount Option 1 from further consideration.

B. Council undertake a final study to determine a preferred option and strategy. The study will include high-level design concepts, cost estimates, a cost/benefit analysis and financial analysis of Options 2 and 3 as part of further interrogations to determine the most appropriate and realistic strategy in terms of the funding and delivery.

Louise Drum

Project Coordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Ku-ring-gai Creative Arts Facilities Strategy - Combined submissions

Confidential

Ordinary Meeting of Council - 22 October 2019	GB.15 / 182

Item GB.15	S11630

Draft Robert Pymble Park Master Plan

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to place on exhibition a draft Landscape Masterplan for Robert Pymble Park, Pymble.

background:	The Robert Pymble Park draft Landscape Masterplan is the ninth district park masterplan to be undertaken by Council since Council resolved in 2006 to prepare masterplans for all its fifteen district parks. The draft Landscape Masterplan does not involve extensively developing the park, but rather conserving and enhancing it, and introducing additional facilities to improve amenity, improve access and increase user comfort.

comments:	The Robert Pymble Park draft Landscape Masterplan provides a vision for the embellishment of the park based on community feedback and careful analysis of context and site conditions. It will allow Council to carry out staged improvements to park amenity and infrastructure by prioritising the allocation of available funds.

recommendation:	That Council places the Robert Pymble Park draft Landscape Masterplan on public exhibition for a minimum of 4 weeks and that the amended plan incorporating community comment be reported back to Council for consideration and adoption.

Purpose of Report

To seek Council’s endorsement to place on exhibition a draft Landscape Masterplan for Robert Pymble Park, Pymble.

Background

Landscape Masterplans are used to guide improvements and increased use while acknowledging the existing natural and cultural heritage of the site for the future. The master planning process encourages community consultation from the design concept stage through to the production of the completed plan which is then adopted by Council to implement as funding becomes available.

A masterplan aims to:

· integrate sustainable principles into park design;

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

· balance the concerns of all community groups;

· establish priorities for future improvements; and

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

The Robert Pymble Park draft Landscape Masterplan is the ninth district park master plan to be undertaken by Council since Council resolved in 2006 to prepare masterplans for all of its fifteen district parks. The draft landscape masterplan does not involve extensively developing the park, but rather conserving and enhancing it, and introducing additional facilities to improve amenity, improve access and increase user comfort.

To date Ku-ring-gai Council has prepared and adopted Landscape Masterplans for:

· Golden Jubilee Field;

· Roseville Park;

· Sir David Martin Reserve;

· Swain Gardens;

· St Ives Village Green;

· Turramurra Memorial Park and Karuah Park;

· Wahroonga Park Precinct; &

· Gordon Recreation Ground.

Landscape Masterplans will be prepared for the remaining parks over the next few years:

· Hassall Park (2021);

· Queen Elizabeth Reserve (2022);

· The Glade (2023); and

· Killara Park (Bert Oldfield Oval) (2024);

Comments

A draft Landscape Masterplan for Robert Pymble Park has been developed which will prioritise works over the next 10 years.

Robert Pymble Park is classified as a District Park because of its size, location and large areas of public recreation space, and its unique landscape character and heritage.

The draft Landscape Masterplan aims to conserve, protect and enhance the landscape character of Robert Pymble Park while improving the amenity and aesthetics of the park.

The draft Landscape Masterplan is to give consideration to:

· upholding good stewardship of the parkland;

· improving access to the park for all users and community groups;

· improving opportunities for community recreation, leisure and enjoyment;

· preserving and retaining the distinctive landscape character that acknowledges heritage and history;

· maintaining, improving and embellishing existing park facilities and buildings whilst balancing the demands on the facilities;

· integrating sustainable and environmental principles into park design;

· implementation of a risk assessment and crime prevention through environmental design;

· on-going maintenance of the park and long-term viability;

· providing an implementation program for the development of the park including resource implications, estimated costs and priorities;

· focusing Council resources to the areas that will deliver the greatest benefit to our residents; and

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

The draft Landscape Masterplan is a long-range document identifying priorities for improvements over the next 10 years. It will be monitored on an annual basis and reviewed as required.

The vision for Robert Pymble Park is that it will maintain its character as a generously treed District Park with a range of active and passive recreation opportunities. The fabric of the park will respect and maintain the area’s rich cultural heritage and ecology.

Robert Pymble Park is a typically traditional public park with an established character. It borrows from both the pleasure ground and urban park palettes, with many of the ubiquitous elements of a park of its time including trees and expansive turfed open space, sport facilities, children’s play, garden beds, hedging, lighting and a path network.

The park is characterised by a balance of active and passive recreation opportunities. A large open space within the centre of the park is flanked by active recreation opportunities to the south which include four tennis courts and a children’s playground. To the periphery of the central open space, and north-east of the active recreation zone, open treed areas interspersed with seating provide space for passive recreation and socialising.

Robert Pymble Park presents an excellent framework for an improved district level park. Its location and established presence will continue to attract users from across the LGA. No substantial changes are proposed for the overall fabric of the park; however significant infrastructure upgrades will contribute to making the park more accessible, functional and desirable as a destination.

KEY FEATURES

Key features to be included in the park upgrade are outlined below:

· The playground is to be upgraded to meet district level playspace standards. A number of options for the location of the playground are proposed for which community feedback will be sought. The upgrade will include new equipment and surfacing, furniture and planting to create an enlivened space which will appeal to a broader range of users.

· An upgraded path network including perimeter circuit path and universal access. An accessible path/ ramp will be provided from the park entry point opposite Post Office Street into the main activity area. The new perimeter circuit path will be installed in conjunction with new kerb and gutter to the northern side of the park along Park Crescent, and the removal of perimeter barrier rail.

· As part of upgrades to Park Crescent, current electrical pole and line infrastructure is to be replaced underground surrounding the park. A one-way circuit and amended parking is also to be investigated, along with a potential shared zone or improved pedestrian connectivity in the section of Park Crescent between Post Office Street and Alma Street. An accessible parking space is to be provided on Alma Street adjacent to the existing playground location.

· The existing amenities building is to be upgraded, with the replacement of existing amenities building by a new facility designed to reflect park character, including accessible toilets and more visually permeable shelter.

· New entry nodes to park periphery including more generous thresholds, new planting and mulching, signage, and seating.

· Improved maintenance access - relocated away from key pedestrian entry into the park, and a potential secondary maintenance access suitable for event access.

· Improved lighting - replacement of old light fittings with energy efficient LED lights, ensuring consistency of illumination. The option of floodlighting for the tennis courts will also be examined.

· New furniture throughout the park including seats, picnic settings, bins, drinking fountains, shelters and BBQ.

· Improved drainage - feasibility of green infrastructure solutions to be explored including vegetated swales and rain gardens.

· Upgrade of the retaining wall to the southern edge of the tennis courts. Further geotechnical and engineering advice will be sought to determine constraints for the construction material and methodology of a new wall. Tiered seating between the two sets of courts could also be explored pending budgetary constraints.

· Retain and improve existing open grass areas and tree plantings. This will be complemented by the enhancement of existing gardens beds, additional mulched garden beds beneath close stands of trees, and an area of Blue Gum High Forest understorey planting in the north-eastern corner of the park. An area dedicated to testing the ‘Living Lab’ program is also proposed.

· Resurfacing of the acrylic tennis courts to the western side and replacement of the perimeter fence commensurate with upgrades already completed to the eastern side. Feedback will be sought on the inclusion of line-marking and hoop for half-court basketball on these courts.

· Exercise stations along the perimeter pathway with fitness equipment.

· Terraced seating to the northern end of the grassed open area for appreciation of the park and event seating.

The Robert Pymble Park Draft Landscape Masterplan is provided at Attachment A1.

integrated planning and reporting

THEME 3, Issue P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P6.1.1: A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.

P6.1.1.2: District park landscape masterplans are prepared to inform the forward Open Space Capital Works Program.

Governance Matters

Council’s Access and Disability Inclusion Plan 2014-2018 outlines its obligations under relevant disability inclusion legislation and its commitment to equitable access. Under the Disability Discrimination Act 1992, Council must provide ‘equitable and dignified access’ as part of a new facility. The Landscape Masterplan addresses these obligations by proposing the staged implementation of new accessible pathways including providing a perimeter circuit around the park, linking different activity areas within the park, providing new accessible toilet facilities and an upgrade to the playground to provide an accessible and inclusive play space.

A primary objective of the Landscape Masterplan is to ensure the park is as accessible and inclusive as possible. This will be achieved by supporting the equality of access to the proposed facilities and by encouraging community inclusion through the creation of recreation opportunities for users of varying age, ability and background.

Environmental approval for proposed works identified in the Landscape Masterplan will entail preparation of a Review of Environmental Factors, including an environmental assessment under Part V of the EP&A act, the EPBC act and any other relevant legislation to be prepared and approved prior to tender. This will include a review by Council’s Heritage Planner.

The park’s playground and its surrounding facilities and support infrastructure will be designed and constructed in accordance with relevant Australian Playground Standards, and in line with the ‘Everyone Can Play’ guideline.

Risk Management

The Robert Pymble Park Landscape Masterplan will assist Council to reduce risk. Current risks are exacerbated by the degraded condition of infrastructure, facilities and assets that also may not give equitable access to park users, such as the toilet block.

A visual assessment by Council staff of the retaining wall adjacent the tennis courts noted dilapidation caused by a small Bottle Brush tree located at the top corner of the wall. Subsequently, an engineering assessment report was procured in order to ascertain the requirement for repair or replacement of the wall in order to mitigate potential failure of the wall representing a risk to park users. The recommendation of this report was that the structural integrity of the wall could not be adequately determined and further geotechnical investigations should be conducted. Remedial actions to repair the wall were outlined and recommended to be actioned. It was noted that there is no immediate risk presented by the wall in its current condition.

Degraded facilities can foster vandalism and lack of ownership by the community. The risk of vandalism is the high cost of repairs or replacement, damaged facilities presenting a hazard to park users, and the nuisance and inconvenience whilst repairs are undertaken. Reducing vandalism reduces Council’s risk. Improving a facility increases ownership, vigilance, use and interest from the community and assists to reduce vandalism.

In developing detailed designs for the park, the existing trees on the site have been assessed by an independent arboricultural consultant for tree health and safety and these reports have been reviewed by Council’s Tree Management Coordinator to ensure any risk and safety issues related to trees can be addressed as part of the project design. Further detailed testing is to be procured on two particular trees which have presented with signs of deterioration.

All contractors engaged to undertake construction works associated with this project will be required to carry appropriate insurances, including Public Liability, Professional Indemnity and Workers Compensation Insurance. Contractors will also be required to have construction methodologies and safe work methods statements approved by Council prior to commencing construction.

To minimise its financial exposure Council also conducts an independent financial assessment of any proposed contractor for any works valued over $150,000 requiring a tender process.

Financial Considerations

Council’s District Park Landscape Masterplans are used in the preparation of the Parks Development Program in Council’s Delivery Program and annual Operational Plan. Each master plan is staged to be implemented over a number of years.

The primary source of funding for the proposed works is the Ku-ring-gai Contributions Plan 2010 Works Programmes: Local parks, Local sporting facilities – Existing Open Space Embellishment which provides funding for the upgrade of Robert Pymble Park to urban park standards. Currently there is approximately $2.182M available for the project including design and project management.

Council’s current Capital Works Program and Operational Projects 2020/2021 lists the following budgets and works for Robert Pymble Park (refer pages 93-101, Revised Delivery Program 2018-2021 And Operational Plan 2019-2020) for the years 2020 and 2021.

Year	Task	Budget
2020	Implementation of master plan	$159,200.00
2020	Resurface two acrylic tennis courts	$44,400.00
2021	Park construction works	$983,600.00
2022	Park construction works	TBC

Some works identified in the master plan are of an operational nature and can be completed within existing recurrent budgets.

In addition to the above funds the Ku-ring-gai Contributions Plan 2010 Works Programmes: Local roads; Local bus facilities and Local drainage facilities – Pymble identifies funds available for the following works within or adjoining Robert Pymble Park:

· improvements to stormwater detention and treatment (WSUD) within or around the park;

· removal of existing power poles on Park Crescent and relocating the lines underground to improve tree growth conditions;

· new bicycle parking facilities in the park;

· upgrade of the Park Crescent streetscape including footpaths and pedestrian lighting;

· modifications to the Park Crescent road reserve to improve traffic, parking and pedestrian movements; and

· pedestrian crossing/traffic island on Park Crescent to improve pedestrian access from the rail station to the park.

These funds will be allocated to the park upgrade programme for the years post-2021 in consultation with Council’s finance department.

The following budget is proposed:

Robert Pymble Park Masterplan - Proposed budget
Funding source	Project Code	Project Bid	Value	Current Year	Proposed Year
Park works
Parks Development	107139	PB000063	$ 102,390.00	2019	2019
Parks Development	107139	PB000063	$ 159,200.00	2020	2020
Parks Development	107139	PB000063	$ 960,500.00	2021	2021
Parks Development	107139	PB000063	$ 960,500.00	2022	2022
		SUBTOTAL	$ 2,182,590.00
Park Crescent Works
Stormwater detention and treatment		PB000130	$ 209,000.00	2027	2022
Underground Power		PB000281	$ 2,669,700.00	2031	2022
Streetscape		PB000269	$ 322,600.00	2031	2022
Road modification		PB000128	$ 875,800.00	2032	2022
Pedestrian crossing/traffic island		PB000119	$ 43,600.00	2032	2022
		SUBTOTAL	$ 4,120,700.00

TOTAL NEW BUDGET		TOTAL	$ 6,303,290.00

Social Considerations

The Robert Pymble Park Landscape Masterplan provides additional leisure and passive recreation facilities and amenities for a wider range of users than exists currently, and will to cater for a growing population. Estimates associated with new development in the surrounding area predict that there will be an additional 460 residents within 400m walk of the park in the near future.

The proposed new facilities are designed to encourage social interaction, community inclusion and enjoyment of the outdoors. The improvements to the park will provide additional opportunities for healthy outdoor pursuits for residents living in nearby apartments.

The park and playground design provides overlapping territories for each age/ability group to encourage social inclusion. The new playground layout will provide graduated challenges and opportunities to self-initiate and learn through practice, aiming to empower children to develop the bodily competence it takes to master the equipment or activity and feel independence and a sense of achievement. The play space design will contain facilities for carers/parents to actively supervise and be involved in the play activities of their charges, to promote social interaction that can increase trust and shared values between generations.

The assets and facilities improvements proposed in the Landscape Masterplan will encourage community inclusion through increased recreational and play opportunities. By creating visitor experiences and recreational value, residents will be drawn to the park where a diverse mix of open space opportunities will help meet increasing demand for open space from a growing population

Environmental Considerations

Under Part 5 of the Environmental Planning and Assessment Act 1979, Council has a responsibility to consider the likely environmental impact of any proposed activity.

Preliminary environmental site analysis has been carried out at the site with staff from Strategy and Environment and Operations Departments to determine site constraints early in the design process and to ensure any new park embellishments have minimal or positive impacts on the environment.

Arboricultural consultants were commissioned by Council in August 2019 to prepare a preliminary report to review the condition and significance of the approximately 163 trees within or adjacent to Robert Pymble Park. Several of the large trees within the park are remnants of the original vegetation community that existed prior to the development of the area. These trees are characteristic of the Blue Gum High Forest which is identified as a critically endangered ecological community in the Biodiversity Conservation Act 2016 (NSW), and the Environment Protection and Biodiversity Conservation Act 1999. A large proportion of the trees were found to be in good condition and of high landscape significance. Trees nominated for removal on the Landscape Masterplan are typically classified as being of ‘low’ to ‘very low’ retention value. A small number are assessed as being of ‘moderate’ value.

Positive impacts of the Landscape Masterplan proposals include:

· increasing tree protection areas around existing trees;

· realigning existing paths away from existing tree trunks and roots;

· improving the energy and water use of the existing lighting and toilet facilities through asset upgrades;

· improvements in the capture of stormwater runoff and drainage; and

· the proposed planting of replacement canopy trees.

The embellishment works proposed in the Landscape Masterplan are listed as exempt development under SEPP – Infrastructure, Clause 66 (1) (a) (i), (iv). Council’s environmental assessment processes will be followed as determined by site requirements and an Environmental Assessment will address all relevant environmental impact issues. The Environmental Assessment will be prepared by Council’s Natural Areas Officers and approved by Director Strategy and Environment and Director Operations, prior to tender.

During construction the site will be subject to legislative and contractual obligations such as an environmental management plan which will ensure appropriate controls are in place and maintained during the works, such as, protective fencing, erosion control, silt fencing, runoff protection, tree protection, recycling appropriate materials, dust and noise abatement, and weed and waste control.

Community Consultation

Community consultation and engagement for this project is being delivered as a two-phase process. Phase 1, delivered in February 2018 was designed to gather community opinions about the park. Outputs of this phase have been used to inform development of the draft Landscape Masterplan.

Phase 2 engagement (public exhibition) will seek feedback on the draft Landscape Masterplan to help ensure the final document meets the needs and expectations of the local community.

Phase 1 Engagement

In February 2018, Council undertook the first phase of community engagement. This consisted of an online and paper survey designed to gather feedback about how residents currently use Robert Pymble Park and what facilities they would like to see in the future.

The online survey was hosted on Council’s community engagement platform and the printed survey was mailed to 1425 residents who live within 500 metres of the park.

A total of 78 responses were received. A summary of the survey responses is provided in Attachment A2.

In summary it was found that the majority of survey respondents use the park for exercise and visit the park with family. The park provides a welcome escape from the noise and activity of the nearby Pacific Highway. Respondents most valued the open spaces and trees, in addition to the tennis courts and peaceful aspect of the park.

A number of respondents expressed concern about the toilet facilities, remarking that the toilet block was outdated, prone to vandalism & graffiti, and often dirty. Security was another area of concern, with a number of respondents commenting that the park did not feel safe at night due to poor lighting, lack of visibility due to large trees, and antisocial behaviour (drinking and drug use) near the toilet block. Other areas of concern included outdated play equipment, inadequate seating, and negative interactions with dogs (particularly around the children’s playground).

Respondents would like to see additional seating, tables and covered areas, as well an upgrade of the existing toilet block and children’s playground to improve accessibility & inclusivity.

Suggestions for increasing recreational opportunities included:

· Basketball/netball hoop

· Soccer net/rugby post

· Sandpit

· Climbing net

· Table tennis

· Cricket net

· Chess table

· Flat area for pentaque/boules

There was also interest in the addition of BBQ facilities, adult exercise equipment, and events (e.g. markets, concerts, open-air cinema). Respondents also suggested a bike path/jogging track around the perimeter of the park to improve pedestrian safety and provide a safe area for children to practice riding bikes/scooters.

Accessibility was another area of interest. Suggestions for improvements included the addition of accessible:

· toilet facilities;

· pathways;

· seating; and

· parking spaces close to the entrance points.

The results of the questionnaire, along with additional comments offered, provided valuable input for the preparation of the draft Landscape Masterplan.

Phase 2 Engagement - Exhibition of draft Landscape Masterplan

Using outputs from Phase 1 engagement, the draft Landscape Masterplan has been prepared for Robert Pymble Park. It is proposed that the draft Landscape Masterplan be publicly exhibited throughout the month of November 2019.

A community event will be held to complement the public exhibition. The event will be family-focused and host a range of children’s activities and outdoor games, with refreshments provided by a local community organisation (TBC). The event will be held in the park on Sunday, 3 November from 9:30am – 12:30pm.

The event will be designed to encourage community engagement and give visitors the opportunity to ask questions about the proposal and complete surveys in person. Council’s Urban Design team and Community Engagement officers would be on hand to answer any questions and provide advice.

In addition the community will be able to provide feedback on the draft Landscape Masterplan via:

· online survey - hosted on Council’s online engagement platform oursay.org;

· paper survey (provided on request and available at Community information event – see below);

· online discussion forum – hosted on Council’s online engagement platform oursay.org; and

· written submission.

The event and exhibition will be promoted via:

· Council’s website;

· North Shore Times;

· Council’s social media channels;

· E-newsletters;

· direct contact with Phase 1 engagement participants;

· letter box drop to notify local residents within a 500m radius of the park; and

· signage and information in the park.

All of the community feedback received will help to guide the preparation of the amended Landscape Masterplan and, whilst it is not possible to implement all of the community’s ideas, the amended Landscape Masterplan will seek to provide a balanced solution considering the many and varied opinions expressed during consultation.

Internal Consultation

Internal consultation has been undertaken in the process of preparing the Landscape Masterplan with relevant staff in Community, Strategy and Environment, and Operations.

An internal stakeholder meeting was held on 13 August 2019 with feedback on the masterplan having been incorporated into the design. A summary of the feedback received is included in Attachment A3.

Council’s Open Space Operations maintenance staff and supervisors have been consulted to determine maintenance issues and asset condition. The arboricultural report has been reviewed by Council’s Tree Management and Natural Areas staff.

Internal consultation is supportive of the Landscape Masterplan.

Summary

The preparation of the draft Landscape Masterplan to date has developed in response to initial community consultation, incorporating elements identified as priorities for upgrade as part of this process. This initial community consultation was conducted in February 2018, and highlighted the need for an improved playground, accessibility in and around the park, an upgrade to amenities, and improvements to visitor safety. The draft concept plan has also been subject to rigorous internal stakeholder consultation and review through ongoing liaison and formal meetings. This has been supported by the procurement of additional specialist advice relating to existing trees and walls in the form of a preliminary arboricultural report, and an initial structural engineering report. Further specialist advice is being sought following the receipt of this preliminary information to better inform future works.

The draft Landscape Masterplan is now at a stage where it is ready to be presented to the community as part of public exhibition. The proposed strategy for public exhibition includes traditional online and hardcopy correspondence, supported by a pop-up activation event in the park.

It is recommended that it be placed on public exhibition in November 2019 in order to seek further community input.

Results of this community consultation feedback will then guide the progression of the Landscape Masterplan document, enabling its finalisation for Council endorsement and adoption.

Recommendation:

A. That Council places the Robert Pymble Park draft Landscape Masterplan on public exhibition for a minimum of 28 days.

B. That following exhibition an amended Landscape Masterplan incorporating community comment be reported back to Council for adoption.

Fleur Rees

Senior Landscape Architect

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	DRAFT - Robert Pymble Park - Landscape Masterplan	2019/238632
	A2⇩	Robert Pymble Park - Phase 1 Community Consultation	2019/287259
	A3⇩	Robert Pymble Park - Draft Landscape Masterplan - Summary of Internal Stakeholder Feedback	2019/280989

Ordinary Meeting of Council - 22 October 2019	GB.16 / 240

Item GB.16	S11290

Recreation in Natural Areas Strategy

EXECUTIVE SUMMARY

purpose of report:	For Council to endorse the draft Recreation in Natural Areas Strategy for public exhibition.

background:	Council currently has in place a Recreation in Natural Areas Policy, endorsed by Council in 1997, and reviewed in 2001, and an Unstructured Recreation Strategy, endorsed by Council on 9 November 2010. This Policy and Strategy are outdated and are due for review.

comments:	A draft Recreation in Natural Areas Strategy has been developed (Attachment A1) to supersede the Unstructured Recreation Strategy, which provides a management framework for the provision and support of a diverse and accessible range of recreation opportunities in the natural areas of Ku-ring-gai, in a way that protects and enhances our local environment. The content of the Recreation in Natural Areas Policy is largely contained in the Recreation in Natural Areas Strategy and the Ku-ring-gai Bushland Reserves Plan of Management and hence the Recreation in Natural Areas Strategy also supersedes the Recreation in Natural Areas Policy. The development of this Strategy involved extensive community consultation over three stages, namely a: 1. User based online survey and consultation workshop; 2. Environmentally focused online survey and consultation workshop; 3. Community forum. It is intended to place the Recreation in Natural Areas Strategy on public exhibition for a period of 28 days, offering a final chance for the community to provide additional feedback.

recommendation:	A. That Council endorse the draft Recreation in Natural Areas Strategy for public exhibition. B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received on this Strategy.

Purpose of Report

For Council to endorse the draft Recreation in Natural Areas Strategy for public exhibition.

Background

Council currently has in place a Recreation in Natural Areas Policy, endorsed by Council in 1997, and reviewed in 2001, and an Unstructured Recreation Strategy, endorsed by Council on 9 November 2010. This Policy and Strategy are outdated and are due for review.

Comments

A draft Recreation in Natural Areas Strategy has been developed (Attachment A1) to supersede the Unstructured Recreation Strategy, which provides a management framework for the provision and support of a diverse and accessible range of recreation opportunities in the natural areas of Ku-ring-gai, in a way that protects and enhances our local environment.

The content of the Recreation in Natural Areas Policy is largely contained in the Recreation in Natural Areas Strategy and the Ku-ring-gai Bushland Reserves Plan of Management and hence the Recreation in Natural Areas Strategy also supersedes the Recreation in Natural Areas Policy.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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.

Implement priority actions from the Recreation in Natural Areas Strategy.

Governance Matters

These policies will be delivered through the Environment and Sustainability section of Council, in collaboration with a number of sections across Council.

The implementation of the Recreation in Natural Areas Strategy will ensure that a consistent management framework is applied across Council for the provision and support of a diverse and accessible range of recreation opportunities in the natural areas of Ku-ring-gai, in a way that protects and enhances our local environment.

Risk Management

There are many inherent risks to recreation in a natural area setting. Risks can relate directly to those participating in recreation, to others in the community impacted as bystanders, or to the environment, and can be negative or positive.

Council will adopt a risk management approach when managing recreation in Ku-ring-gai’s natural areas; however, reducing risk is a shared responsibility.

A risk assessment for trail dependent recreation, mountain biking, rock climbing and bouldering and orienteering conducted within Ku-ring-gai’s natural areas has been completed and forms part of the Recreation in Natural Areas Strategy as Appendix 1. This risk assessment identifies a number of controls to reduce the safety and environmental risks or consequences associated with recreation in natural areas and to ensure that recreation in natural areas is conducted in a safe and environmentally sustainable manner.

Financial Considerations

The implementation of the Recreation in Natural Areas Strategy will involve the delivery of a number of capital and operational projects, drawing on both financial and staff resources.

Staff resources will be dedicated to the implementation of the Strategy primarily from the Environment and Sustainability and Bushland Services teams.

Environmental Levy funding has been dedicated to the implementation of projects that form part of the Strategy.

Social Considerations

Nature based recreation benefits individuals and the wider community by improving physical and mental health (with associated economic benefits), facilitating social interactions, providing economic development and increasing environmental awareness and stewardship.

There are numerous health benefits associated with recreation, including: improved short term memory, reduced stress, reduced fatigue, reduced depression and anxiety, improved ability to focus, lowered blood pressure, a boosted immune system, stronger bones and muscles; a reduced risk of obesity and lifestyle related illnesses across life stages, such as diabetes, heart attack or stroke; and increased life expectancy. Regular exercise can also improve coordination, balance and flexibility.

Participation in recreational activities is an important contributor to mental health, general wellbeing and quality of life, boosting self-esteem and personal growth.

Recreation brings people and communities together which contributes to a stronger, more socially inclusive society. Recreation promotes social bonds by uniting families and friends and provides a positive outlet for our youth. Proximity to recreation facilities leads to volunteerism and livelier communities.

Environmental Considerations

In Ku-ring-gai, nature based recreation is dependent on a healthy and expansive bushland reserves network and the adjoining bushland of national parks and other LGAs. Wildlife corridors and connectivity, whilst crucial for the health of our wildlife and bushland, in some instances also provide strategic recreational and commuting links.

Nature-based recreation operates within an ecological system, where respect and protection of this ecological system and the services the system provides is paramount to the sustainability of the system.

Whilst recognising the importance of providing opportunities to participate in recreation activities within Ku-ring-gai’s natural areas, Council and the community must manage the potential detrimental impacts of these activities on ecosystem components. In providing recreation opportunities, the limits of the ecological system needs to be considered, as well as the capacity of an area to support recreation infrastructure, so that unacceptable and often cumulative damage to these ecological systems is avoided, both now and for future generations. If not managed correctly, recreation in natural areas can have serious and irreversible impacts on the environment and act to enhance a number of key threatening processes.

Section 8A (2) of the Local Government Act 1993 requires Councils to consider the principles of ecologically sustainable development; diverse community needs and interests; and the long term and cumulative impacts of actions on future generations in their decision making.

The core objectives for the management of community land categorised as Natural Areas under the NSW Local Government Act 1993 include:

a) to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and

b) to maintain the land, or that feature or habitat, in its natural state and setting, and

c) to provide for the restoration and regeneration of the land, and

d) to provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion.

Community Consultation

The development of this Strategy involved extensive community consultation over a number of stages.

Stage 1: User based consultation

Input was sought through an online survey and four consultation workshops with primarily individuals, and representatives of groups, who undertake recreation activities in our natural areas. The workshops focused on:

· Mountain biking (all disciplines)

· Orienteering and rogaining

· Rock climbing, abseiling and bouldering, and

· Track dependant recreation

At the workshops, participants were asked to provide feedback on the following areas relating to their recreation activity area:

· Amount of infrastructure

· Appropriateness / suitability of infrastructure

· Condition of infrastructure

· Bookings process

· Signage

· Access

· Promotion/ communication

· Advocacy

Additionally, at each of the four user group workshops, participants were engaged in discussions related to risk management and ecological sustainability.

Stage 2: Environmentally focused consultation

Input was then sought through an online survey and consultation workshop with individuals and representatives of environment or community groups who have a specific interest in the Strategy from an environmental perspective. Through the workshop, Council sought specific input on strategies to proactively manage the potential impacts of recreation in natural areas and to balance the need for environmental protection with the demand for recreation.

Stage 3: Community forum

Following the targeted consultation sessions, the draft Strategy was presented at a community forum. At the forum Council:

· provided a summary of the key issues raised at the consultation workshops and the response to these issues in the Strategy;

· outlined the framework for the Strategy; and

· provided the management actions in the Strategy for the four activity areas (mountain biking, orienteering / rogaining, rock-climbing/abseiling and track dependent recreation) and invited feedback on these management actions.

Feedback at the community forum was largely incorporated into the draft Recreation in Natural Areas Strategy that is the subject of this report.

Of particular concern to some community members at the forum was that the implementation of the Recreation in Natural Areas Strategy would open up Sheldon Forest, an important and ecologically sensitive area, to increased recreation (particularly orienteering) and, as a consequence, negative environmental impacts. Council staff have considered this feedback and provide the following responses:

· This revision of the Strategy does not facilitate any additional recreation in Sheldon Forest that has not been conducted before and which has been limited to track dependant recreation (such as bushwalking, running and bird watching) and one-off on-track orienteering events;

· Well-planned and managed on-track orienteering and rogaining events have been assessed and are considered low impact recreation activities; and not dissimilar to the minimal impact activities of bushwalking, running and bird watching;

· Whilst the Strategy lists Sheldon Forest as a pre-assessed on-track orienteering site, approval is still required based on a stringent set of approval conditions; and

· Orienteering events in Sheldon Forest are restricted to one on-track event per year. Following events, community and staff feedback will ensure adherence to all conditions and help improve management of future events.

Stage 4: Public exhibition

It is intended to place the Recreation in Natural Areas Strategy on public exhibition for a period of 28 days, offering a final chance for the community to provide additional feedback.

Internal Consultation

The development of the Recreation in Natural Areas Strategy involved consultation with the Corporate Risk & Assurance, Bushland Services and Visitor Experience and Events sections of Council.

Summary

The development of this Strategy involved extensive community consultation over three stages, namely a:

1. User based online survey and consultation workshop;

2. Environmentally focused online survey and consultation workshop;

3. Community forum.

· Whilst the Strategy lists Sheldon Forest as a pre-assessed on-track orienteering site, approval is still required based on a stringent set of approval conditions; and

It is intended to place the Recreation in Natural Areas Strategy on public exhibition for a period of 28 days, offering a final chance for the community to provide additional feedback.

Recommendation:

A. That Council endorse the draft Recreation in Natural Areas Strategy for public exhibition.

B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received on this Strategy.

Jacob Sife

Natural Areas Program Leader

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Draft Recreation in Natural Areas Strategy

2019/046934

Ordinary Meeting of Council - 22 October 2019	GB.19 / 338

Item GB.19	S12306

Memorial Club Roseville - Draft Voluntary Planning Agreement - Exhibition

EXECUTIVE SUMMARY

urpose of report:	To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment and Council’s land at Roseville.

background:	Council’s plans make provision for the treatment of Larkin Lane to achieve improved vehicular access and pedestrian amenity and also to achieve the efficient use of land concurrent with development.

comments:	This report provides an overview of the proposed public benefits associated with the inclusion of Council land in the proposed redevelopment of the existing Memorial Club together with the retention and enhancement of public access provisions and recommends the exhibition of the draft Planning Agreement for Part 62 and 64-66 Pacific Highway Roseville which backs on to Larkin Lane and adjoins Roseville Memorial Park.

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

Purpose of Report

To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment and Council’s land at Roseville.

Background

Roseville Memorial Club intends to redevelop the site at part 62 and 64-66 Pacific Highway Roseville. The property at 64-66 Pacific Highway Roseville is occupied by the current Memorial Club premises. Part 62 is the description of that part of Lot 2 (being #62) that is the small area of land shown hatched on the aerial photograph below. At present that land remains part of the greater area of Lot 2 that is chiefly occupied by Memorial Park. This land is currently owned by Council. Notwithstanding, the axe handle is currently utilised by the Club for car parking.

Roseville Memorial Park and its axe handle are currently in one allotment being Lot 2 DP 202148 and known as 62 Pacific Highway, Roseville. This land was formally reclassified from Community land to Operational land in December 2016. The reclassification was necessary for the purposes of permitting the subdivision to excise the axe-handle from Memorial Park. Memorial Park itself is to revert to community classification following this subdivision in accordance with Council’s original resolution in relation to the proposed reclassification dated 9 December 2014 which reads as follows:

A. That the property of 62 Pacific Highway, Roseville be reclassified from Community land to Operational land as per the planning proposal.

B. That the Council delegate authority to the General Manager to undertake all necessary requirements to effect a subdivision of 62 Pacific Highway Roseville to achieve the separation of the area that currently comprises Memorial Park from the axe handle currently utilised for car parking purposes generally along the zoning line between the RE1 zoned land and the B2 zoned land but primarily in a continuing line extended from the southern boundary of the property owned by the RSL, following the reclassification of the land to Operational Land.

C. That, upon registration of the subdivision of 62 Pacific Highway Roseville, referred to above, the new allotment which comprises Memorial Park be classified as community land and the new allotment which comprises the area utilised primarily for car parking retain an Operational classification.

In March 2019 Roseville Memorial Club (“the Club”) submitted a letter of offer to enter into a Planning Agreement associated with the current Development Application DA0134/18 inclusive of a formal notice of intention to acquire the land. The letter of offer includes provision for the creation of easements in gross for the public purpose of securing future public access in accordance with Council’s Development Control Plan and Public Domain Plan.

Council considered this formal letter of offer from the Club at the OMC of 9 April 2019 and endorsed the formal commencement of the negotiation of the draft planning agreement inclusive of the intention in principle to ultimately divest the axe-handle land to the club, subject to formal valuation and the negotiation of an agreed price. Because this process was incorporated with the draft PA by way of the letter of offer drafted by the Club, it was essential to obtain Council’s in principle endorsement to formally commence the process of negotiation of a future sale concurrent with the draft Planning Agreement.

The area of Council land involved will, on subdivision, be an undersized lot of 156.80m² and is located directly behind the property of the Roseville Memorial Club at 64-66 Pacific Highway Roseville on its rear Larkin Lane frontage. As such, it should be noted that the Club is the only potential purchaser of this sliver of land. Council’s in principle support of this course of action (subject to valuation and price negotiation) was an essential prerequisite to its inclusion in the draft Planning Agreement that is now presented for exhibition.

This report also provides additional clarification on the processes for divestment going forwards, should Council formally agree to enter into the Planning Agreement and the Put and Call Option Deed once it is reported back to Council after statutory exhibition. As an Attachment to a draft Planning Agreement, the Put and Call Option Deed and its attachments must also be part of the statutory public exhibition. The exception to this are the schedules that relate to the title searches and related matters as the intended sale lot does not yet formally exist as a separate allotment of real property.

Planning Context

The site is currently the subject of:

· a Development Application DA0134/18 seeking consent to a mixed use development under the current planning controls;

· an offer to purchase the 156.80m² axe handle of Council land at the rear of the Club’s site at 64-66 Pacific Highway Roseville at a price yet to be formally agreed;

· a Planning Proposal to increase the height and floor space ratio applicable to the combined site including a small portion of Council land at the rear of the site; and to rezone the small (less than 5m² plus bitumen curb) garden bed sized plot (indicated bounded by the black line in the aerial photograph above and included within the 156.80 m², which currently has an RE1 zoning; and

· a draft Planning Agreement that includes a Put & Call Option Deed.

This report deals with the draft Planning Agreement and the associated property matters including subdivision, creation of easements, registration of the Planning Agreement on title, and, ultimately, the prospective sale of the 156.80m² axe handle after its creation as a separate lot. It seeks Council’s concurrence for endorsement to place the draft Planning Agreement on statutory public exhibition, together with all of its attachments.

The report does not deal with the Planning Proposal and any other aspects of the Development Application including any merit assessment, and any references in this report to those matters are provided for reasons of context only.

Comments

Draft Planning Agreement – Exhibition Draft

The draft Planning Agreement (Attachment A1) provides for the prospective sale of a sliver of land of 156.80m² which is to be excised from Memorial Park by way of subdivision. This land, parallel to Larkin Lane, is currently being used by the Memorial Club for restricted car parking, which has, in practice, removed it from practical public use for many years. When added to the larger Memorial Club site at 64-66 Pacific Highway Roseville, the additional land makes up less than 12% of the total redevelopment site.

The draft Planning Agreement allows for the divestment of this land but the retention of public access over the land. This is in line with related adopted strategic planning policies for the future activation of Larkin Lane under the Ku-ring-gai Development Control Plan. A fair and reasonable market value in the unique circumstances of the case is to be determined in accordance with Council’s Acquisition and Divestment of Land Policy by agreed valuation which is to specifically reference the policy. More detail on this process, and the stage it has reached, is discussed section below.

A Planning Agreement must be associated with either an application to develop land (a Development Application) or with a proposal to amend a planning instrument (a planning proposal). While the subject site is the subject of both a DA and a PP, the current Development Application would, in the absence of a Planning Agreement, be inhibited in its assessment by the lack of clarity in the inclusion of the sliver of land at the rear. The draft Planning Agreement provides context and certainty to that inclusion. However, it is emphasised that, due to the inclusion of the land, that the Development Application is under independent assessment by an external consultant.

The draft Planning Agreement includes at Sheet 3 of Schedule 2 Drawings the proposed plan of subdivision. Details of the proposed easements are provided at Schedule 1 Development Contributions.

A draft Explanatory Note (Attachment A2) is required to be exhibited and retained as part of all Planning Agreements.

This report recommends only that the statutory exhibition process for public comments now commence. A further report will be provided to Council after the close of the exhibition period. It is at this later meeting that formal decisions concerning the execution of the Planning Agreement and the associated sale of the land will be made.

Property Transactions – Divestment of land and creation of easements in gross in Council’s favour to maintain public access

The proposed divestment of Council’s land entails a small undersized lot of 156.80m² which cannot be put on the open market. Council’s Acquisition and Divestment of Land Policy provides:

Sale to Adjoining Owners

In circumstances where Land is not able to be sold in isolation on the open market (such as small parcels, undersized lots, former road widening, closed laneways, boundary adjustments etc) and the only potential purchasers are adjoining owners; the Land must be offered in equal proportions to each adjoining owner on identical sale terms and conditions.

The Club is the only potential buyer of the land. In order to satisfy probity and transparency consideration and for Council to receive a fair market value for the land in question, the Club engaged an independent valuer to assess the value. The brief for the valuation specified that the market value of the land would need to be assessed consistent with Council’s Acquisition and Divestment of Land Policy and other valuation principles including the “highest and best use” for the land. A confidential copy of the valuation has been provided to Councillors (Confidential Attachment A3).

The valuation is considered acceptable and reflects market value. Draft contractual documentation forms part of the draft Planning Agreement and, if endorsed following public exhibition, will trigger the sale of the land. However, the draft Planning Agreement and draft contractual documentation also provides that the valuation may be subject to review, if the negotiations become protracted and there is a noticeable upward movement in the property market or should there be a further uplift in value, as a consequence of the redevelopment of the site. This safeguard is at Council’s discretion only.

If, following public exhibition, Council formally approves of the proposed divestment of the land to the Club at an agreed price, it is also proposed, on subdivision of Lot 2 DP 202148, to create easements in gross in Council’s favour over the new lot to be established at no cost to Council. The easements will facilitate ongoing public access and place an obligation on the Club, as owner, to maintain the land to Council’s satisfaction.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

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

P4.1 Our centres offer a broad

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

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

C6.1.2.1.2; C4.1.2.1.3

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

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

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

C6.1.2.1.2; C4.1.2.1.3

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

Theme Six: Leadership and Governance

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council expenditure satisfies

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

C6.1.1.1.2

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

Governance Matters

Negotiation of the latest draft Planning Agreement commenced under Ku‑ring‑gai Planning Agreement Policy 2016.

The draft Planning Agreement has been prepared with input from Urban Planning, the Property Unit and the Corporate Lawyer. Council appointed the legal firm Shaw Reynolds to act on its behalf.

The developers/landowners of the site at 64-66 Pacific Highway Roseville are represented by Mills Oakley. Each party has participated in the cooperative preparation of the draft Planning Agreement.

Because the Development Application with which this Planning Agreement is associated involves Council land, an independent consultant has been appointed for the assessment of the Development Application.

Additionally, the concurrent Planning Proposal, that seeks to increase the yield of the consolidated site, is also being assessed by an independent external consultant in view of the inclusion of land that is currently owned by Council.

The proposed divestment of Council’s land is also consistent with the procedures and requirements set out in Council’s Acquisition and Divestment of Land Policy.

Risk Management

Council has commissioned the same legal team to manage both the property transactions and the draft Planning Agreement in view of their integration by the legal team representing Roseville Memorial Club.

Financial Considerations

All draft Planning Agreements must state the relationship to other development contributions provisions including s7.11 (formerly s94) and s7.12 (formerly s94A) of the Environmental Planning and Assessment Act 1979. This draft Planning Agreement does not exclude the application of s7.11 or s7.12 contributions to the site as noted in Clause 3, nor will the provision of public access support any argument for reduction in the s7.11 contributions applicable to the site. As such, standard development contributions will apply to this development as for any other as part of the development assessment process, ensuring that this development also makes pro-rata provision for the demand arising from the development as provided for by Ku-ring-gai Contributions Plan 2010.

To satisfy probity and transparency consideration and for Council to receive a fair market value for the land proposed for divestment the Club engaged an independent valuer to assess the value. The valuation of market value of the land took account of Council’s Acquisition and Divestment of Land Policy and other valuation principles including the “highest and best use” for the land and noting the potential for uplift in the event that the Planning Proposal is ultimately successful.

Social Considerations

The Development Control Plan and the Public Domain Plan provide for improved pedestrian access along Larkin Lane as a long term strategy as redevelopment takes place along the Pacific Highway in Roseville. The improvements support the activation of the lane with positive associated social impacts such as encouraging the likelihood of more active ground level uses, more social activity and interaction, better amenity and safety arising from greater surveillance. Easements as part of the Planning Agreement make provision for on-going public access across the land despite the sale, however the sale permits the carpark of the proposed development to be constructed beneath the public way underground.

Environmental Considerations

Environmental considerations are a core component of the detailed design of all Council’s public domain improvement works, and minimising the time for construction works and disruptions, as well as cost savings, are a part of these considerations.

Community Consultation

The relevant legislation governing Planning Agreements falls under the Environmental Planning and Assessment Act 1979 described in the newly renumbered Part 7 and the associated Environmental Planning and Assessment Regulation 2000.

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

This report proposes the statutory public exhibition of the draft Planning Agreement together with an associated Explanatory Note and all attachments for public comment (excepting only the title searches and the like as they will not be created until the allotment is created). A report will be brought back to Council following the completion of that exhibition.

Internal Consultation

Staff members from Urban Planning, the Property Unit and the Corporate Lawyer have been directly involved in this matter. Council appointed the legal firm Shaw Reynolds to act on their behalf. All parties involved in the process are now satisfied that the draft Planning Agreement is ready to be placed on public exhibition.

Summary

This report provides an overview of the status of the draft Planning Agreement for the Memorial Club in Roseville.

The report proposes that the draft Planning Agreement between Ku-ring-gai Council and Roseville Memorial Club be now placed on public exhibition for community comment.

The draft Planning Agreement is intended to facilitate the proposed divestment of a small parcel of Council land to the Club comprising an area of 156.80m² within Lot 2 DP 202148 at market value as part of DA0134/18. The subdivision of the land for divestment will also involve the concurrent creation of easements in favour of Council, in order to provide ongoing public access and place an obligation on the Club to maintain the land in a satisfactory condition to Council’s satisfaction at its cost. At the completion of the statutory exhibition process, Council will be in a position to consider a resolution for the divestment of the subject land and the creation of the easements.

It must be emphasised that the decision to place a draft Planning Agreement on exhibition, does not constitute a final endorsement of the planning agreement and that changes may be negotiated as a result of the feedback from the exhibition. All matters relating to the divestment of the land, including the price to be agreed between the parties should the Planning Agreement be ultimately agreed, will be formally determined at an OMC after the close of the exhibition period, irrespective of the inclusion of any formal offer from the owners or developers appearing in the exhibition material.

Recommendation:

A. That public notice of the exhibition of the draft Planning Agreement, Explanatory Note and additional attachments relating to the property at Part 62 and 64-66 Pacific Highway Roseville, be duly given.

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

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement and all attachments including the offer to purchase Council land.

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

Kate Paterson

Infrastructure Coordinator

Vince Rago

Property Program Coordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Draft Planning Agreement	2019/298822
	A2⇩	Draft Explanatory Note	2019/299561
	A3	Valuation Advice	Confidential

Ordinary Meeting of Council - 22 October 2019	GB.20 / 478

Item GB.20	S12238

St Johns Avenue Streetscape Improvements

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the outcome of community consultation and seek Council’s endorsement of the final concept design for the St Johns Avenue Upgrade and proceed to tender for construction.

background:	On 25 June, 2019 the Council report on St Johns Ave Streetscape Improvements recommending the concept design to go to public exhibition, was adopted. The public exhibition was held between 16 August and 13 September, 2019, including a “pop-up” park for community information drop-in sessions.

comments:	Public exhibition period returned overwhelming support (over 80%) for the project. All of the design features mentioned in the previous report remain in the design. Some minor changes to the concept design are required including: - adjustment to the kerb alignment for the left turn into St Johns Avenue from the Pacific Highway to provide more room for turning buses; - the provision of umbrellas for shade until the tree canopies are established; and - markings on pavement to delineate outdoor dining lease areas so that there are no disputes over the allocation of leased space. The concept design has been costed and it falls within the allocated budget for the project.

recommendation:	Based on the discussion in this report it is recommended that Council adopts the concept design for St Johns Avenue Streetscape Upgrade so that it can be progressed to detailed design and the preparation of tender documents, with the aim of tendering for construction in mid-2020.

Purpose of Report

To report to Council on the outcome of community consultation and seek Council’s endorsement of the final concept design for the St Johns Avenue Upgrade and proceed to tender for construction.

Background

On 25 June, 2019 the Council report on St Johns Ave Streetscape Improvements recommending the concept design to go to public exhibition, was adopted. The public exhibition was held between 16 August and 13 September, 2019. The exhibition also included two on-site drop-in sessions within St Johns Ave, Gordon. The “pop-up” park involved the removal of a parking lane on the south side of St Johns Avenue and laying artificial turf carpet. Outdoor dining “booths” were provided along with deckchairs and bean bags for casual seating. Potted plants from the Council nursery added greenery. Local musicians were enlisted to provide entertainment and attract public participation Survey forms were provided to gather feedback and Council officers were on hand to answer community questions about the proposal. An image of the “pop-up” park created for the drop-in sessions is provided below.

There were 115 surveys completed over the two days. A summary of the survey and feedback from the community is provided below.

Comments

Key Design Inclusions

The overwhelming community support for the project suggests the concept design has provided the right balance of elements and response to community needs. Some minor changes to the concept design are required including:

- adjustment to the kerb alignment for the left turn into St Johns Avenue from the Pacific Highway to provide more room for turning buses;

- the provision of umbrellas for shade until the tree canopies are established; and

- markings on pavement to delineate outdoor dining lease areas so that there are no disputes over the allocation of leased space.

The proposed key design elements for the concept design of the St Johns Avenue Precinct include:

St Johns Avenue

- widening of footpaths to both sides of St Johns Avenue;

- removal of parking lanes and creating new short stay car parking spaces in the Wade Lane car park;

- terraced pavements for outdoor dining areas to create flat areas for comfortable dining zones;

- new footpaths along the shop fronts to a minimum width of 2 metres;

- footpath re-grading to allow for entry into dining terraces and rest areas for mobility impaired users;

- regular landings for resting and turning;

- hand rails along paths to assist mobility impaired users;

- tactile surface indicators to meet AS1428 for quality and visual contrast;

- planting of deciduous trees in terraces for shade in summer and solar access in winter;

- the use of strata cells under pavement to ensure maximum soil volume for healthy tree growth;

- low level shrub planting around terraced areas and along kerb line to soften appearance of retaining walls;

- bronze balustrades to reflect Ku-ring-gai local character colours;

- public spaces with seating where outdoor dining zones are not required for general public use and gathering spaces;

- defined spaces for outdoor dining areas through pavement marking, or the like;

- selected public domain paving for footpaths;

- brick paving in the terraces;

- new LED street lighting for improved lighting levels with higher quality fittings;

- raised thresholds at approved zebra crossings;

- shared zone at southern end of Wade Lane with a kiss and ride zone which would also function for accessible kiss and ride and control turning movements out of Wade Lane car park;

- shared zone to western arm of Clipsham Lane;

- infrastructure for community street events such as power and communications;

- possible digital display signs for transport and community information;

- improved way finding;

- improved signage; and

- installation of public art works. (An artist will be commissioned to work with Council’s Public Domain Team to develop art pieces to be included in the works).

Henry Street

- re-aligned footpath with new pavements;

- new street-tree planting to replace tree to be removed as part of the works;

- verge planting of low shrubs and groundcovers;

- improved kiss and ride with paving to the kerb, seating, lighting and shelter;

- on-road shared cycle route through Church Hill Lane.

Heritage Square

- redesigning Heritage Square to create an inviting and more accessible passive space for the community including:

o new paving;

o new seating;

o the provision of and accessible path of travel with maximum 1:20 grade for equal access without handrails;

o food themed planting as a response to the eat street theme but also encourages sustainable urban farming practices and activates the senses through smell, taste and touch;

o small retaining walls as informal seating options;

o timber deck beneath the large Turpentine tree for seating and lounging;

o fairy lights in the Turpentine tree;

o playful food sculptures for children to explore set on artificial turf;

o new and improved LED lighting; and

o a water feature.

Following discussion with Council’s Heritage Specialist Planner, the existing sculpture of Captain Arthur Philip along with the brick plinth will be temporarily relocated to the Secret Garden behind the Old School Building and Gordon Library. The flag poles in Heritage Square will be removed.

An illustrative summary of the proposed key design elements can be found in Attachment A1. Hardcopies of the drawings had been previously circulated to Councillors in June.

During the community consultation process and discussions with the Project Reference Group, the issue of the provision of public toilets was raised. Toilets have not been included in the design or budget at this stage, but the cost and location will be investigated and reported back to Council.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Long Term Objective 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.

P4.1.1.2: Review policies and processes to encourage vibrant local centres including outdoor dining and activities.

P4.1.1.3: Actively engage with residents, key agencies, landholders, businesses and other stakeholders to assist with the delivery of the Activate Ku-ring-gai Program.

Governance Matters

The design proposal is consistent with:

· the Principles and Actions within the Greater Sydney Commission’s North District Plan and Council’s Draft Local Strategic Planning Statement;

· the Vision and Themes from Council’s Community Strategic Plan 2038;

· the Principles, Guidelines and Strategies in the Ku-ring-gai Town Centre Public Domain Plan 2010;

· the Draft Ku-ring-gai Pedestrian Access and Mobility Plan; and

· the Ku-ring-gai Contributions Plan, 2010.

Risk Management

The previous Council report (June 2019) nominated a risk to the project being the community’s objection to the proposal. This risk has now been mitigated through engagement with business owners, residents, Councillors and the public exhibition.

A risk at this point in time is that the cost of the proposed works exceeds the allocated budget. Cost estimates based on the concept design have shown that the project is within budget nearly 40% contingency. This risk will be mitigated by engaging a quantity surveyor to prepare a cost reports at critical stages of the design development and documentation to ensure the project remains within budget, including contingencies.

A further risk is the objection by the Traffic Committee to the proposed plans. Throughout the design processes the designers have worked closely with Council’s Strategic Traffic Engineer to ensure traffic concerns have been addressed. A report will be submitted to the Traffic Committee in November for consideration and approval.

Though not part of this project, a separate study has been commission by Council on behalf of Transport for NSW/Roads and Maritime Services, to investigate the feasibility of a High Pedestrian Activity Area in Gordon Local Centre. In the study, St Johns Avenue was identified as a High Pedestrian Activity Area and accepted as such by Transport for NSW. Recommendations were made to implement traffic calming measures along St Johns Avenue. Narrowing of the carriage way is one such measure that can be implemented. Based on this acceptance from Transport for NSW/Roads and Maritime Services, and the significant support from the community, it is unlikely the proposal will be rejected by the Traffic Committee. Removal of parking in St Johns Avenue would also result in less likelihood of traffic queuing back to Pacific Highway while vehicles try to access car spaces, which would be supported by Transport for NSW/Roads and Maritime Services.

Financial Considerations

This project is fully funded by Section 94 funds raised under the Ku-ring-gai Contributions Plan, 2010.

The budget remaining for the years 2019 – 2020 is approximately $400,000 which will cover all detail design and associated costs. Approximately $5M is allocated for the years 2021 and 2022 in Council’s Long Term Financial Plan for construction.

Social Considerations

The aim is to create a vibrant eat-street environment and public spaces for residents and visitors to gather, interact and linger within the St Johns Avenue precinct. This includes week days and weekends and it is anticipated that it will activate a night-time economy to boost business and safety in the area. The creation of a space for community street events is also being considered as part of the design.

Environmental Considerations

New tree planting of deciduous trees to St Johns Avenue will provide shade in the warmer months and allow sun to shine through in the winter. The shading from the trees will not only benefit the diners in the outdoor dining spaces but will cool the adjoining premises, potentially reducing cooling requirements and electrical bills. The trees will add to the urban canopy of Ku-ring-gai.

The significant trees in Heritage Square will be protected and retained. Food themed planting for Heritage Square is a response to the eat-street theme, but also encourages sustainable urban farming practices and activates the senses through smell, taste and touch.

Stormwater will be diverted from the kerb and gutter into the tree pits which will filter the stormwater before ultimately entering the stormwater system, if the water is not absorbed by the trees and plants. This assists in providing additional water to the planting during rain events.

A water feature in Heritage Square will provide a cooling effect, particularly on hot days. It can also provide an aural buffer to the highway noise.

Community Consultation

Council engaged with the community between 16 August and 13 September 2019. A range of engagement tools were employed which included a survey (online and paper) and a two-day pop-up park community drop-in event on St Johns Avenue. These approaches were supported using online tools as well as face-to-face discussions, and promoted via digital and traditional media.

The vast majority of the community supported the concept plan (over 80% on average). Those not supporting the concept expressed concerns about the loss of parking and potential impacts on business as well as the suitability of the plan for St Johns Avenue due to the gradient and issues associated with high traffic movements in the area.

Overall, the vast majority of the community supported the project suggesting it would enliven the street and bring more life to Gordon, which is a key objective for the project.

A full report of the community consultation has been provided in Attachment A2.

Internal Consultation

The internal Project Reference Group (PRG) had a second meeting on 2 July, 2019 with representatives from a broad spectrum of Council Departments including Strategy and Environment, Community, Regulation and Operations Departments. The meeting was attended by the following Council officers:

· Public Domain Co-ordinator

· Public Domain Officer

· Team Leader Urban Design

· Community Development Officer - Disability Services

· Strategic Traffic Engineer

· Manager Technical Services – Operations

· Coordinator Design, Operations

· Civil Design Engineer

· Environmental Health Officers

Additional meetings of the PRG are proposed as the documentation of the design progresses to review design, materials and detail, following approval from Council to proceed with the design development of the streetscape improvement works.

Councillors will be briefed on 15 October 2019 to update Councillors on and respond to any questions about the project prior to this report being tabled at the OMC on 22 October, 2019.

A report to the Traffic Committee to gain approval for the proposed traffic alterations in St Johns Avenue has been programed for 21 November, 2019.

Summary

St Johns Avenue is one of the key streets in the Gordon local centre. It has a high level of pedestrian activity and a number of established cafes and eateries. It is already well along the path of becoming an “Eat Street” for Gordon. The draft concept design was released for Public Exhibition following adoption by Council in June.

The proposed concept design provides for:

· widening of footpaths along St Johns Avenue;

· removal of parking lanes and with the transferral of short stay parking in the Wade Lane car park;

· terraced paved platforms for outdoor dining areas;

· regraded footpaths with hand rails and landings to assist mobility impaired users;

· new paving and street lighting;

· planting of deciduous street trees;

· planting of low shrubs and groundcovers to add greenery, colour and texture;

· re-design of Heritage Square; and

· public artworks in Heritage Square and St Johns Avenue.

The ideas and concepts discussed in this report have been tested during internal and external consultation:

· the public exhibition period returned overwhelming support (over 90%) for the project.

· the adoption of the Concept Design for public exhibition was unanimous; and

· the internal Project Reference Group strongly supports the project.

Prior to the public exhibition, a quantity surveyor was engaged to prepare a preliminary cost report and confirmed the draft plan can be constructed within the available budget.

Based on the discussion in this report it is recommended that Council adopt the concept design for St Johns Avenue Streetscape Upgrade so that it can be progressed to detailed design and the preparation of tender documents, with the aim of tendering for construction in mid-2020.

Recommendation:

Maria Rigoli

Public Domain Co-ordinator – Local Centres

William Adames

Community & Business Engagement Co-ordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	1 St Johns Avenue Concept Plan		2019/294210
	A2⇩	2 St Johns Avenue Community Consultation Report		2019/294221

Ordinary Meeting of Council - 22 October 2019	PT.1 / 36

Item PT.1	S12447

Ordinary Meeting of Council - 22 October 2019	PT.2 / 37

Item PT.2	TM9/11

Ordinary Meeting of Council - 22 October 2019	PT.3 / 38

Item PT.3	S02617

Ordinary Meeting of Council - 22 October 2019	GB.1 / 39

Item GB.1	CY00259/11
	16 September 2019

Ordinary Meeting of Council - 22 October 2019	GB.2 / 44

Item GB.2	CY00259/11
	16 September 2019

Attachments:	A1⇩	Attachment 1 - Delegation of Authority - Deputy Mayor 2019-2020 Term		2019/285216
	A2 ⇩	Attachment 2 - Delegation of Authority - Mayor 2019-2020 Term		2019/285224

Ordinary Meeting of Council - 22 October 2019	GB.3 / 50

Item GB.3	CY00440/7
	30 August 2019

Ordinary Meeting of Council - 22 October 2019	GB.4 / 53

Item GB.4	S03662
	19 September 2019

Ordinary Meeting of Council - 22 October 2019	GB.5 / 57

Item GB.5	S03779/2

Conference	Anticipated Month of Conference:
LGNSW Annual Conference	October / December (Election year only)
International Cities, Town Centres and Communities Conference	October
LGNSW Tourism Conference	April/May
ALWGA National Conference	May
ALGA National General Assembly	June
LGNSW Council Summits (Summit topics are based on current matters of importance within the industry)	Approx. 4 per year

Ordinary Meeting of Council - 22 October 2019	GB.6 / 61

Item GB.6	CY00458/7

Attachments:	A1⇩	2019 223358 AC MINUTES 27.6.19 - Council report version		2019/293723
	A2⇩	2019 277624 AC MINUTES 12.9.19 - Council report version		2019/293726

Ordinary Meeting of Council - 22 October 2019	GB.8 / 86

Item GB.8	FY00623/2
	1 October 2019

Ordinary Meeting of Council - 22 October 2019	GB.9 / 104

Item GB.9	FY00623/2
	2 October 2019

Ordinary Meeting of Council - 22 October 2019	GB.12 / 143

Item GB.12	CY00554/2

Attachments:	A1⇩	Controlled Document Number 59 - Dividing Fences adjoining Council Land Policy and Procedures - Version 2 - Draft	2019/302307
	A2⇩	Controlled Document Number 16 - Temporary Access over Community Lands Policy - Version 2 - Draft	2019/302311
	A3 ⇩	Controlled Document Number 62 - Private use of Road Reserves and Nature Strips Policy - Version 3 - Draft	2019/302323

Ordinary Meeting of Council - 22 October 2019	GB.13 / 162

Item GB.13	FY00621/2

Ordinary Meeting of Council - 22 October 2019	GB.17 / 290

Item GB.17	S10746

Ordinary Meeting of Council - 22 October 2019	GB.18 / 297

Item GB.18	S12564

Ordinary Meeting of Council - 22 October 2019	GB.21 / 517

Item GB.21	RFT12-2019

Attachments:	A1	RFT12-2019 List of submitters		Confidential
	A2	RFT12-2019 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 22 October 2019	GB.22 / 522

Item GB.22	RFT13-2019

Attachments:	A1	RFT13-2019 List of Submitters		Confidential
	A2	RFT13-2019 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 22 October 2019	GB.23 / 526

Item GB.23	RFT14-2019

Attachments:	A1	RFT14-2019 List of Submitters		Confidential
	A2	RFT14-2019 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 22 October 2019	GB.24 / 530

Item GB.24	RFT15-2019

Attachments:	A1	RFT15-2019 List of Submitters		Confidential
	A2	RFT15-2019 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 22 October 2019	NM.1 / 535

Item NM.1	S11352