Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 19 November 2019 AT 7.00pm

Level 3, Council Chamber

Agenda

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

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

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

In accordance with 10(2)(a):

C.1 General Manager Performance Review

Attachment 1: Confidential Report to Ku-ring-gai Council – Review Outcome

Attachment 2: Record of Review

In accordance with 10(2)(c):

C.2 Potential Acquisition of Land – St Ives

Attachment 1: Location Sketch for St Ives Park

Attachment 2: Valuation – 58 Stanley Street

Attachment 3: Valuation – 60 Stanley Street

NOTE:

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

GB.1 RFT05-2019 – Lindfield Village Hub Developer – Tender Readiness

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

Attachment 1: Report – LVH – NS Projects – 191025 LVH Development Review Tender

Readiness - FINAL

Attachment 2: Report – MPAC Draft LVH Report 31 October 2019

Attachment 3: Confidential Attachment – Pre Tender Review Issues

Attachment 5: Report – LVH – CBRE – Commercial Appraisal – Addendum Report DRAFT

151019 (Confidential) v2(2) – October 2019

Attachment 6: Summary – LVH – KMC – Financial Considerations

GB.10 Tender RFT9-2019 Cleaning – Council Buildings and Amenities

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

Attachment 1: RFT9-2019 List of Submitters

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

Attachment 2: RFT9-2019 Tender Evaluation Report

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 13

File: S02131

Meeting held 22 October 2019

Minutes numbered 183 to 213

minutes from the Mayor

MM.1 Waste Recycling 37

File: S02046/12

The purpose of this Mayoral Minute is to ask for Council support for the campaign by the peak body for local government in NSW – LGNSW – urging the State Government to do more for waste recycling.

The Save Our Recycling campaign is outlined in the LGNSW report At the Crossroads: The State of Waste and Recycling in NSW.

The NSW Government collects revenue from a waste levy via licensed waste facilities in NSW to discourage the amount of waste being landfilled and to promote recycling and resource recovery. According to the latest NSW Budget papers, this waste levy totalled $772 million in 2018/19.

Revenue from the waste levy is expected to increase by about 70 percent from 2012/13 to 2022/23. By the end of this period waste levy revenue is forecast to have increased to more than $800 million a year: $100 for every woman, man and child in NSW. Yet, only a small portion –less than one fifth – of this revenue is invested back into waste and recycling programs.

The NSW Government promised a major education campaign to help support kerbside recycling in 2015. However, this has not been delivered. A Waste Infrastructure Plan and a new Waste Strategy are also overdue.

The Government is also likely to miss key targets in its existing Waste Avoidance and Resource Recovery Strategy 2014-21. Its latest 2017/18 Progress Report shows that in NSW:

· household recycling rates are decreasing

· less waste per person is being diverted from landfill

· the amount of waste being generated is expected to grow by 36 percent by 2036 – well above population growth.

Recent decisions by China and other countries to put in place measures to stop the importation of plastic and paper recycling from countries like Australia are also making it more challenging to find markets for recycled products.

Local Councils in NSW are calling on the NSW Government to reverse this downward slide: to invest the money it collects from the waste levy to help fix NSW’s ailing waste and recycling.

The Save our Recycling campaign outlines ways the NSW Government can work with us to properly develop, fund and deliver the waste and recycling systems our communities deserve.

Delegates at the LGNSW 2018 Conference unanimously voted to call on the NSW Government to reinvest the waste levy in recycling and waste infrastructure and programs.

The 2019 Conference further supported this approach, outlining specific solutions to the waste and recycling crisis which could be delivered in partnership with local government. These steps are outlined in the Mayoral Minute and include:

· Funded regional waste plans for the future of waste and resource recovery developed by councils for their regions.

· Funding for and delivery of infrastructure and other local government projects necessary to deliver these regional-scale plans, particularly where market failure has been identified

· Increased local and State Government procurement of recycled goods made with domestic content such as:

o recycled content targets to help drive demand and provide incentives to deliver on these targets.

o funded research, development and delivery of recycling technologies and products generated from recyclables, particularly by local or regional councils.

Ku-ring-gai Council is developing a new waste strategy and trialling innovative ways of using waste such as content for road mix. However these initiatives are being conducted against a backdrop of inaction on the looming crisis affecting waste recycling.

Petitions

PT.1 Petition to Keep Natural Grass at Mimosa Oval 40

File: S02617

At the 22 October 2019 Ordinary Meeting of Council, a petition to “Keep Natural Grass at Mimosa Oval” was tabled. This petition consisted of 1,241 signatures.

Council has since received a further email attaching an additional 631 signatures. The head petitioner has requested that petition be resubmitted to note the additional signatures.

This brings the total number of signatures to 1,872.

“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 (1,872 signatures)”.

Recommendations from Committee

RC.1 Minutes of Ku-ring-gai Traffic Committee 17 October 2019 41

File: CY00022/11

Meeting held 17 October 2019

Minutes numbered KTC11 to KTC14.

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 RFT05-2019 - Lindfield Village Hub Developer - Tender Readiness 48

File: RFT5-2019

To request approval to issue the Invitation for Request for Tender (RFT) to the market in December 2019

Recommendation:

A. That Council note the reports from NS Projects and the Major Projects Advisory Committee and endorse proceeding in accordance with the staff responses to the issues raised.

B. That Council note the financial implications of proceeding with the tender as indicated in the attached commercial appraisal report and financial summary.

C. That, subject to Council’s internal Major Projects Steering Committee being satisfied, and the key pre-tender issues raised by NS Projects and the Major Projects Advisory Committee have been adequately addressed, Council authorise the General Manager to finalise the tender documents and issue to the shortlisted tenderers.

GB.2 Council Meeting and Public Forum Dates for 2020 64

File: CY00438/7

To set future Council Meeting and Public Forum dates for 2020.

Recommendation:

That Council adopt the proposed Council Meeting and Public Forum dates.

GB.3 Model Code of Conduct Councillor's Consultation - Gifts and Benefits 71

File: S12251

The Minister for Local Government is undertaking consultation into the $50 monetary cap placed on gifts and benefits that may be accepted by Council Officials in accordance with the Model Code of Conduct for Local Councils in NSW (Model Code).

Recommendation:

That Council make a submission to the Minister for Local Government to raise the monetary cap on the value of gifts that may be accepted by Councillors only to $100.

GB.4 4th Annual Smart Local Government Summit 2020 74

File: FY00581/5

To inform Councillors of the 4^th Annual Smart Local Government Summit 2020 being held in Swanston, Melbourne.

Recommendation:

That any Councillors wishing to attend the 4^th Annual Smart Local Government Summit notify the General Manager by 8 December 2019.

GB.5 2019 - 2020 Budget Review - 1st Quarter ended September 2019 86

File: S09112/8

To inform Council of the results of the first quarter budget review of 2019/20 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2019 to 30 September 2019.

Recommendation:

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

GB.6 Analysis of Land and Environment Court Costs - 1st Quarter 2019 to 2020 119

File: FY00623/2

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2019.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 30 September 2019 be received and noted.

GB.7 Investment Report as at 31 October 2019 137

File: FY00623/2

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

Recommendation:

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

GB.8 Development and Regulation Policy Reviews and Updates 145

File: S07151

To inform Council of the review and update of two policies under the jurisdiction of the Development and Regulation Department and to seek Council’s endorsement of these updated policies.

The relevant policies are:

- The Compliance Policy

- Local Approvals Policy

Recommendation:

A. That the Compliance Policy, Version 3, 2019 be adopted.

B. That the Local Approvals Policy , Version 4, 2019 be adopted

C. That Council formally advise the NSW Environmental Protection Authority of Council’s self-nomination for the Ku-ring-gai Local Government Area to transition from Part 1 so as to be included in Part 2 and 3 of Schedule 8 of the Protection of the Environment Operations ( Clean Air) Regulation 2010, the purpose being to assist residents in lessening the” red tape “ in securing approvals to undertake bush fire protection pile burns on private lands that exhibit extreme access difficulty due to their location or topography.

GB.9 Waste Management Strategy 214

File: S12188

To present the Draft Waste Strategy for Public Exhibition

Recommendation:

That Council place the draft Waste Strategy on public exhibition for 28 days and that a report be presented to Council on completion of the exhibition period.

GB.10 Tender RFT9-2019 Cleaning - Council Buildings and Amenities 270

File: RFT9-2019

To consider the tenders received for Cleaning – Council buildings and amenities 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.11 Ku-ring-gai Traffic Committee Meeting Dates for 2020 275

File: CY00022/11

To determine Ku-ring-gai Traffic Committee meeting dates for 2020.

Recommendation:

That Ku-ring-gai Traffic Committee meetings for 2020 be scheduled monthly between February and November as per dates requested and that meetings be held only as required.

GB.12 Environmentally Friendly Fixtures in Public Places 278

File: S04730

To update Council on fixtures used for upcoming projects and various streetscape upgrades.

Recommendation:

That the report be received and noted.

GB.13 Post Exhibition - Consideration of Submissions - Local Strategic Planning Statement 282

File: S12396

For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Local Strategic Planning Statement.

For Council to endorse the draft Ku-ring-gai Local Strategic Planning Statement for referral to the Greater Sydney Commission for the purpose of assurance.

Recommendation:

That Council endorses the draft Ku-ring-gai Local Strategic Planning Statement for referral to the Greater Sydney Commission for the purpose of assurance.

GB.14 Update Report on the Development Contributions System 446

File: S06785/3

The purpose of this report is to provide Council with an update of key activities and highlights in the development contributions system and the anticipated actions and highlights in the near future.

Recommendation:

That the information in the report be received and noted and the contributions plans and policies be scheduled for updating concurrent with the broader strategic planning framework.

GB.15 Submissions on the Single-use Plastic and Sustainable Event Management Policies 456

File: S09069/9

For Council to adopt the exhibited Single-use Plastic Policy and Sustainable Event Management Policy, with no amendments.

Recommendation:

A. That Council adopts the exhibited Single-use Plastic Policy and Sustainable Event Management Policy, with no amendments.

B. That the adopted Single-use Plastic Policy and Sustainable Event Management Policy are placed on Council’s website.

C. That Council acknowledges the formal submissions made and responds to the authors with the outcomes.

GB.16 Baseball/softball batting cage proposal at Sir David Martin Reserve (Auluba 3), South Turramurra 481

File: S04471

To update Council following community consultation on the Kissing Point Baseball Club’s (KPBC) proposal to include a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra.

Recommendation:

That Council approves the installation of a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra.

GB.17 Proposed synthetic surface at Rofe Park (Mimosa Sportsground), South Turramurra 522

File: S02617

The purpose of the report is to provide Council with feedback received from the community during the public exhibition period for the proposed synthetic surface at Rofe Park, also known as Mimosa Sportsground in South Turramurra.

Recommendation:

Council proceeds to design and construction of a synthetic surface at Rofe Park this financial year.

GB.18 Policy updates - Commercial Leasing Policy, Acquisition and Divestment of Land Policy, Easement Management Policy and Planning Agreement Policy 567

File: CY00473/6

For Council to consider the updates of four (4) policies including the:

1. Commercial Leasing Policy 2019;

2. Acquisition and Divestment of Land Policy 2019;

3. Easement Management Policy 2019; and the

4. Planning Agreement Policy 2019.

Recommendation:

That Council adopts the Commercial Leasing Policy 2019, the Acquisition and Divestment of Land Policy 2019, the Easement Management Policy 2019, and the Planning Agreement Policy 2019.

GB.19 Environmental Levy Grant Program -
Round 21 648

File: S04553/15

To seek Council’s endorsement to fund round twenty-one (21) of the Environmental Levy grants program.

Recommendation:

That Council support the recommendation of the Environmental Levy Grants Assessment Panel to fund twenty-three (23) projects, totalling $59,999, under round twenty-one (21) of the Environmental Levy grants program.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Planning Proposal for 45-47 Tennyson Avenue and
105 Eastern Road, Turramurra 657

File: S12120

Notice of Motion from Councillor Spencer dated 18 October 2019

At its Ordinary Meeting of Council of 26 March 2019 Council resolved, inter alia, to support a Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra. At this point in time the Department of Planning and Environment has not seen fit to issue a Gateway Determination to allow the Planning Proposal to be publicly exhibited. I am concerned that the proposal is inappropriate for this location and should not proceed to a Gateway Determination.

I therefore move:

That Council resolves not to support the SJB Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra as previously submitted for a Gateway Determination and that the Department of Planning and Environment be advised accordingly.

NM.2 Sydney North Planning Panel (SNPP) 658

File: S11352

Notice of Rescission from Councillors Spencer, Ngai and Pettett dated 23 October 2019

We, the undersigned, hereby move on rescinding NM1 Sydney North Planning Panel (SNPP), of the Ordinary Meeting of Council of 22 October 2019. This rescission includes all amendments and supplementary recommendations in relation to the matter

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 General Manager Performance Review

File: CY00254/11

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

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

Report by Mayor Councillor Jennifer Anderson

C.2 Potential Acquisition of Land - St Ives

File: S08130/10

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

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

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

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

Report by Manager Property

John McKee

General Manager

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

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 22 October 2019

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Finance (Angela Apostol)

Team Leader – Regulation (Tony McCormack)

Manager Governance and Corporate Strategy (Michael Wearne)

Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

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.

No Interests were declared.

183

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Greenfield/Szatow)

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

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

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:

Memorandums:

GB22 Tender RFT13-2019 Processing and Marketing of Recyclables

Confidential Memorandum from Director Operations dated 21 October 2019 to Mayor, Councillors and Directors

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

Memorandum from Manager Governance & Corporate Strategy dated 22 October 2019 to Mayor, Councillors and Directors.

CONFIRMATION OF MINUTEs

184

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 17 September 2019

Minutes numbered 156 to 182

Resolved:

(Moved: Councillors Clarke/Greenfield)

That Minutes numbered 156 to 182 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

PETITIONS

185

Petition for Pedestrian and Vehicular Traffic Changes

File: S12447

Vide: PT.1

“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)“.

Resolved:

(Moved: Councillors Clarke/Szatow)

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

CARRIED UNANIMOUSLY

186

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.

File: TM9/11

Vide: PT.2

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)“.

Resolved:

(Moved: Councillors Kay/Smith)

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

CARRIED UNANIMOUSLY

187

Petition to Keep Natural Grass at Mimosa Oval

File: S02617

Vide: PT.3

Resolved:

(Moved: Councillors Pettett/Clarke)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

188

Delegation of Authority - Mayor for 2019-2020 Mayoral Term

File: CY00259/11

Vide: GB.1

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

Resolved:

(Moved: Councillors Clarke/Smith)

That the Delegations of Authority as outlined in Attachment A1 be granted to the Mayor for the 2019 – 2020 mayoral term.

CARRIED UNANIMOUSLY

189

Delegation of Authority - Deputy Mayor for 2019-2020 Term

File: CY00259/11

Vide: GB.2

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

Resolved:

(Moved: Councillors Clarke/Greenfield)

That the Delegations of Authority as outlined in Attachment A1 be granted to the Deputy Mayor for the 2019 – 2020 term of Council.

CARRIED UNANIMOUSLY

190

Disclosures of Interest Returns Register 2018/2019

File: CY00440/7

Vide: GB.3

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).

Resolved:

(Moved: Councillors Clarke/Szatow)

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

CARRIED UNANIMOUSLY

191

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

File: S03662

Vide: GB.4

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

Resolved:

(Moved: Councillors Clarke/Ngai)

That:

A. Council appoint Councillor Christine Kay as the second alternative 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.

CARRIED UNANIMOUSLY

192

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

File: CY00458/7

Vide: GB.6

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

Resolved:

(Moved: Councillors Clarke/Greenfield)

Council receives and notes the contents of this report.

CARRIED UNANIMOUSLY

193

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

File: FY00259/12

Vide: GB.7

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.

Resolved:

(Moved: Councillors Clarke/Szatow)

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.

CARRIED UNANIMOUSLY

194

Review of Council's Investment Policy

File: FY00623/2

Vide: GB.8

To adopt Council's revised Investment Policy.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That the attached revised Investment Policy be adopted by Council.

CARRIED UNANIMOUSLY

195

Investment Report as at 30 September 2019

File: FY00623/2

Vide: GB.9

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

Resolved:

(Moved: Councillors Clarke/Kelly)

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

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

CARRIED UNANIMOUSLY

196

Cat Trapping Trial and Mini Cat Expo

File: CY00445/7

Vide: GB.10

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

Resolved:

(Moved: Councillors Clarke/Greenfield)

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.

CARRIED UNANIMOUSLY

197

Urban Forest Policy

File: S12227

Vide: GB.11

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

Resolved:

(Moved: Councillors Clarke/Szatow)

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.

CARRIED UNANIMOUSLY

198

Operations Policy Reviews and Updates

File: CY00554/2

Vide: GB.12

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

Resolved:

(Moved: Councillors Clarke/Szatow)

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

CARRIED UNANIMOUSLY

199

Project Status Report - October 2019

File: FY00621/2

Vide: GB.13

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

Resolved:

(Moved: Councillors Clarke/Smith)

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

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

CARRIED UNANIMOUSLY

200

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

File: S12263

Vide: GB.14

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.

Resolved:

(Moved: Councillors Clarke/Szatow)

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.

CARRIED UNANIMOUSLY

201

Draft Robert Pymble Park Master Plan

File: S11630

Vide: GB.15

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

Resolved:

(Moved: Councillors Clarke/Smith)

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.

CARRIED UNANIMOUSLY

202

Recreation in Natural Areas Strategy

File: S11290

Vide: GB.16

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

Resolved:

(Moved: Councillors Clarke/Szatow)

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.

CARRIED UNANIMOUSLY

203

Flood Risk Management Committee Meeting Minutes - 27 August 2019

File: S10746

Vide: GB.17

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

Resolved:

(Moved: Councillors Clarke/Ngai)

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

CARRIED UNANIMOUSLY

204

Draft Community Participation Plan

File: S12564

Vide: GB.18

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

Resolved:

(Moved: Councillors Clarke/Kelly)

A. That the Draft Ku-ring-gai Community Participation Plan be placed on public exhibition for a minimum of 28 days.

B. That a report be brought back to Council following the completion of the exhibition period outlining the outcomes of the community feedback and with a final Community Participation Plan for Council’s consideration.

CARRIED UNANIMOUSLY

205

St Johns Avenue Streetscape Improvements

File: S12238

Vide: GB.20

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.

Resolved:

(Moved: Councillors Clarke/Kelly)

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.

CARRIED UNANIMOUSLY

206

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

File: RFT12-2019

Vide: GB.21

To consider the tenders received for North Turramurra Golf Course Professional Management Services and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Smith)

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Golf Professional Management Services at North Turramurra Golf Course for a four (4) year contract term with a four (4) 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

207

Tender RFT13-2019 Processing and Marketing of Recyclables

File: RFT13-2019

Vide: GB.22

To consider the tenders received for Processing and Marketing of Recyclables and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Szatow)

A. That having considered the tenders submitted for the proposed contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 1995 (“the Regulation”), Council declines to accept any of the tenders.

B. That fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited because such a procedure would cause delay and would be unlikely to achieve a satisfactory outcome.

C. That pursuant to clause 178(3)(e) of the Regulation, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender in terms acceptable to Council’s requirements.

D. That the Mayor and the General Manager be delegated authority to execute all documents on Council’s behalf relation to any contract formed as a result of the above.

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

F. That all tenderers be advised of Council’s decision in accordance with clause 178 of the Regulation

CARRIED UNANIMOUSLY

208

Tender RFT14-2019 Processing and Marketing of Vegetation Waste

File: RFT14-2019

Vide: GB.23

To consider the tenders received for Processing and Marketing of Vegetation Waste and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Kelly)

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Processing and Marketing of Councils collected Vegetation Waste for an eight (8) year contract with a four (4) 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

209

Tender RFT15-2019 Gordon Recreation Ground Playground Upgrade

File: RFT15-2019

Vide: GB.24

To consider the tenders received for Gordon Recreation Ground playground upgrade and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Szatow)

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Gordon Recreation Ground playground upgrade.

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

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

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

CARRIED UNANIMOUSLY

210

Ku-ring-gai Hornsby Meals on Wheels Service

File: CY00377/7-1

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)(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.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a) is a substantial issue relating to a matter in which the Council is involved

(b) is clearly identified in the advice, and

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 dated 17 September 2019

Resolved:

(Moved: Councillors Clarke/Pettett)

That Council write to KOPWA as outlined in the body of this report.

CARRIED UNANIMOUSLY

211

Council's Annual Program of Conferences

File: S03779/2

Vide: GB.5

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.

Resolved:

(Moved: Councillors Ngai/Spencer)

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

Conference	Anticipated Month of Conference:
ALGWA NSW Conference	March
LGNSW Tourism Conference	April/May
ALGWA National Conference	May
ALGA National General Assembly	June
LGNSW Water Management Conference	September
LGNSW Annual Conference	October / December (Election year only)
International Cities, Town Centres and Communities Conference	October
LGNSW Council Summits (Summit topics are based on current matters of importance within the industry)	Approx. 4 per year

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.

CARRIED UNANIMOUSLY

212

Memorial Club Roseville - Draft Voluntary Planning Agreement - Exhibition

File: S12306

Vide: GB.19

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.

Resolved:

(Moved: Councillors Ngai/Spencer)

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.

E. That the report contemplated in part C above include a Council commissioned independent valuation of the parcel of land .

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

213

Sydney North Planning Panel (SNPP)

File: S11352

Vide: NM.1

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.

MOTION:

(Moved: Councillors Szatow/ Smith)

That the above Notice of Motion as printed be adopted.

AMENDMENT:

(Moved: Councillors Ngai/ Spencer)

That:

A. Council thanks Councillors Szatow and Smith for their enthusiasm in serving on the Sydney North Planning Panel (SNPP).

B. Council acknowledges that the appointment of Councillors Spencer and Ngai to the SNPP by resolution of Council dated 10 October 2017 was consistent with the State Government’s Planning Panels Operational Procedures (page 9) which states that:

o Two council members are appointed by each council.

o 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.

o Councils should reconsider if the nominations to the panels are appropriate within 12 months following a council election.

C. Council acknowledges that while the “termination” of Councillors Spencer and Ngai is permissible under the Planning Panel Operational Procedures, the Procedures also state that:

o Generally, so as to ensure the greatest degree of continuity for the panels, councils should consider appointing members for the maximum of three years provided for under the EP&A Act.

D. Council understands the spirit of the Planning Panel Operational Procedures, which seeks to ensure that adequately qualified councillors are involved in the planning process and that there is continuity on the panel to minimise disruptions to the planning process.

E. In order to respect the spirit of the Planning Panel Operational Procedures, Ku-ring-gai Councillor membership on the SNPP is staggered. Staggering refers to a common corporate governance practice which involves board or committee positions expiring at different times in order to maximise continuity and minimise disruptions.

F. Councillor Ngai’s appointment to the SNPP is terminated and Councillor Szatow is appointed to replace him for a term of three years, which is the maximum provided for under the EP&A Act. Councillor Ngai is thanked for his two years of service, and Councillor Szatow’s term will finish October 2022.

G. Councillor Spencer remains on the SNPP to complete a three year term, and following the September 2020 Local Government Elections, another councillor will be appointed to replace him for a term of three years.

H. The councillor members of SNPP will continue to be paid at the current rate established by Council Resolution dated 30 October 2018.

Procedural Motion:

(Moved: Councillor Clarke)

That the Amendment be now put.

The procedural motion was put and declared carried.

CARRIED UNANIMOUSLY

The Amendment was put and declared LOST, with the Mayor using her casting vote.

For the Amendment: Councillors Ngai, Pettett, Spencer, Kelly and Kay

Against the Amendment: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Szatow and Smith

Councillors resumed debate on the original motion.

Councillor Pettett withdrew during discussion

Councillor Pettett returned

SECOND AMENDMENT

(Moved: Councillors Spencer/ Pettett)

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. That Councillors Smith and Szatow not be paid.

Procedural Motion:

(Moved: Councillor Szatow)

That the Amendment be now put.

The procedural motion was put and declared carried.

CARRIED UNANIMOUSLY

The Amendment was put and declared LOST.

For the Amendment: Councillors Spencer, Pettett and Kelly

Against the Amendment: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Greenfield, Szatow, Smith and Kay

Councillors resumed debate on the original motion.

Resolved:

(Moved: Councillors Szatow/Smith)

That the above Notice of Motion as printed be adopted.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Smith and Szatow

Against the Resolution: Councillors Ngai, Pettett, Spencer, Kelly and Kay

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

The Meeting closed at 8.00pm

The Minutes of the Ordinary Meeting of Council held on 22 October 2019 (Pages 1 - 24) were confirmed as a full and accurate record of proceedings on 19 November 2019.

__________________________ __________________________

General Manager Mayor / Chairperson

Minute Ku-ring-gai Council Page

MINUTES OF Ku-ring-gai Traffic Committee
HELD ON Thursday, 17 October 2019

Present:	Ku-ring-gai Council (Councillor Peter Kelly, Chairperson) Director Operations (George Bounassif) Roads & Maritime Services (Nina Fard) Representing Police Local Area Command Kuring-gai (Snr Const Narelle Tomich) Representing Police Local Area Command North Shore (Sgt Ryan Edwards) Representing Member for Davidson (Mr Michael Lane) Representing Member for Ku-ring-gai (Mr David Ross)

Staff Present:	Manager Traffic and Transport (Mr Deva Thevaraja) Team Leader Traffic (Mr Michael Foskett) Strategic Transport Engineer (Mr Joseph Piccoli) Administration Officer (Nala Redford) Executive Assistant - Director Operations (Amanda Halcrow)

Apologies:	Ku-ring-gai Council (Councillor Cedric Spencer) State Member for Ku-ring-gai (Alister Henskens) Representing Bike North (Ms Lyness Beavis)

The Meeting commenced at 9.00 AM

Director Operations advised that during the Ordinary Meeting of Council in September 2019 it was voted unanimously that Councillor Spencer elected as Chairperson and Councillor Kelly elected as Deputy Chairperson for the Ku-ring-gai Traffic Committee.

DECLARATIONS OF INTEREST

No interest was declared.

CONFIRMATION OF MINUTEs

KTC11

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/11

Meeting held 28 February 2019

Minutes numbered KTC01 to KTC10

Representing Member for Davidson requested for an update on the Traffic & Transport Policy.

Director Operations provided background information regarding the Traffic & Transport Policy and what steps Council has taken since the February Traffic Committee meeting:

At the last Traffic Committee meeting it was recommended that Council consult further with the community. Council engaged a consultant to review the entire policy. This draft is currently being reviewed and prepared to come back to the Traffic Committee.

The review of the draft policy by the Traffic Committee is the first stage of consultation with an opportunity for the Committee to review and make comments. Once the policy has been reviewed and recommended by the Traffic Committee it will remain in draft format and go to the Ordinary Meeting of Council for approval for the policy to go on public exhibition. All public policies require a Council resolution to be put on public exhibition.

It is expected that the Traffic & Transport Policy will be reported to the November 2019 Traffic Committee meeting, then be reported to the December 2019 Ordinary Meeting of Council for community consultation. During this time Council will liaise with local members about their concerns giving the members enough time to review feedback from the community. The policy will then be reviewed and a final version will be reported to the Traffic Committee prior to being recommended to Council for adoption.

The Committee Recommends:

That Minutes numbered KTC01 to KTC10 were received and confirmed as an accurate record of the proceedings of the meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

KTC12	LINK ROAD, ST IVES File: TM9/11 Vide: GB.1
	To consider the feasibility of installing mid-block pedestrian signals on Link Road, between Stanley Street and Newhaven Place.
	The Committee’s Comments: Representing Member for Davidson made comments on the speed and accident crash data for St Ives.
	The Committee Recommends: That it be noted that it is not feasible to install mid-block traffic signals on Link Road. CARRIED UNANIMOUSLY

KTC13	St Ives High Pedestrian Activity Area File: S02171 Vide: GB.2
	To consider the introduction of a 40km/h High Pedestrian Activity Area in the vicinity of the St Ives Shopping Centre.
	The Committee’s Comments: Manger Traffic & Transport provided background information on this item: In mid-2018 Roads & Maritime Services approached Council regarding areas that had been identified in the Sydney metropolitan as high pedestrian incident areas, one being St Ives, and would like to introduce a 40km speed limit area in St Ives. Roads & Maritime Services enquired whether Council is willing to participate as there is 100% funding from Roads & Maritime Services. It was requested by Roads & Maritime Services for Council to undertake traffic studies and a proposal that satisfies their requirements to introduce the 40km speed limit area. A consultant was engaged and Roads & Maritime Services agreed with Council’s proposal for the 40km speed limit area. Roads & Maritime services offered $424,000 funding to implement the scheme. The scheme is for 2019/2020 financial year and the funding must be spent prior to 30 June 2020. As part of the proposal to encourage 40km speed limit, it would not be adequate unless speed devices are introduced. The Traffic & Transport Policy states Council does not introduce speed humps, however one of the items that is being reviewed in the Traffic & Transport Policy is to introduce speed cushions which is a form of speed hump. Representing Member for Davidson provided comments: The speed cushions are not in Council’s policy and the probability of getting them into the policy is restricted and unlikely as I consider the speed cushions highly dangerous devices. Director Operations provided further comments: The Traffic Committee can make recommendations, while taking into consideration the Traffic & Transport Policy, and can make a recommendation contrary to the policy. The recommendations will go to Ordinary Meeting of Council for adoption and if the Traffic Committee views it as essential it can be recommended that the policy be put aside for this instance. The final decision will be left to Council. Representing Member for Davidson provided comments regarding the justification for a high pedestrian activity area: I can’t see the justification for a high pedestrian activity area. Cowan only has one row of residence on one side. The numbers on the figures provided by Director Operations does not seem to justify high pedestrian use except for Village Green Parade. Director Operations advised that Representing Member for Davidson enquired whether a traffic count was undertaken for the area and these figures were provided to the member. Director Operations provided further comments: Council was approached by Roads & Maritime Services who nominated the site and the streets as a high pedestrian activity area. How Roads & Maritime Services and what guidelines they followed for this particular site is a matter for Roads & Maritime Services, Council is only working with Roads & Maritime Services on this particular project. The traffic count figures were provided to Roads & Maritime Services and they have approved the project based on those numbers or other guidelines. My concern is that if we stall this project any further we will run out of time to complete the project and lose the funding from Roads & Maritime Services. Manger Traffic & Transport provided further background information. Roads & Maritime Services Representative provided comments: The 40km speed limit area is part of State Government initiative for active transport trying to encourage people to walk more and drive less. If you have a cluster of pedestrian accidents in a certain location it is Council’s chance to use the money to encourage people to walk more and drive less. There has been a lot of these 40km speed limits areas installed in other LGAs. Councillor Kelly provided comments on seeing this matte as pre-emptive for future pedestrian traffic in the area. Representing Member for Davidson questioned the alleged roundabout at Village Green Parade and Cowan Road. Manager Traffic & Transport and Team Leader Traffic provided comments: The roundabouts are mainly provided to slow down speed along the stretch of the road and another is improving access. Cowan Road at the moment has the traffic going straight through, they have right of way. If you put the roundabout in they got to slow down to give way to people at the roundabout. The current intersection layout also requires motorists turning right into Village Green Parade to keep to the right of the traffic island. This is an unusual layout and could be confusing to some motorists, and installing a roundabout would resolve this issue. Roads & Maritime Services Representative provided further comments: It is entirely a matter for Council to review. An exemption to the policy for the 40km speed limit area will be a good idea, you won’t have them everywhere but you have them as part of the 40km speed limit area. Roads & Maritime Services have to approve with the conditions of the speed cushions going in. If the cushions are not part of your policy and not going in then this will lapse and the funding will be retrieved. Representing Member for Davidson provided comments dissenting the recommendations for speed cushions.
	The Committee Recommends: A. That the proposed traffic calming measures and signposting and line marking in Cowan Road, Memorial Avenue, Village Green Parade, Denley Lane and Durham Avenue be installed as shown in the Concept Plans. B. That detailed designs for the roundabout and slow point in Cowan Road, and the pedestrian refuge in Memorial Avenue be submitted to RMS for approval. For the Resolution: Deputy Chair Councillor Kelly, RMS, Representing Member for Ku-ring-gai and Local Area Command Ku-ring-gai Against the Resolution: Representing Member for Davidson

KTC14	Lindfield Village Green - On-street parking changes and traffic facilities File: S12201 Vide: GB.3
	To seek approval for on-street parking changes and traffic facilities associated with the Lindfield Village Green (LVG) project.
	The Committee’s Comments: Strategic Transport Engineer provided information on the proposals in this item. Roads & Maritime Services Representative provided comments: The proposed temporary parking layouts have been referred to Transport for NSW and Roads & Maritime Services have not received their comments back as of yet. There are limitations of delegation as it is within 1km of a train station and it can’t go through until Transport for NSW approves. Part B of the recommendation will need to come back to the Committee. Representing Member for Davidson provided comments dissenting the recommendations for speed cushions and recommended making a “No Left Turn” from the exit on Kochia Lane with an exception for local residents. Roads & Maritime Services Representative provided comments advising that the “No Left Turn’ is a regulatory sign and you can’t have an exception on a regulatory sign. Director Operations provided comments: Council needs to be careful because this is part of the 30 million dollar development of the Linfield Village Green. Council had a traffic study undertaken as part of the submission for the Development Application. If Council puts a “No Left Turn”, Council may need to go back to the drawing boards. Director Operations provided comments regarding the loading zone request: Council will take into consideration the loading zone request as part of the review and will report back to the Traffic Committee. Strategic Transport Engineer confirmed that there is a condition as part of the Development Application requiring a raised traffic device.
	The Committee Recommends: A. That the proposed traffic facilities in Milray Street (at Kochia Lane) to accommodate heavy vehicle movements into the LVG site be approved; B. That the proposed temporary parking layout in the streets surrounding the LVG be reviewed in consultation with TfNSW and reported back to the November Traffic Committee meeting; C. That 7 temporary permits be issued (to the owners/users of parking spaces connected to No.s 1-21 Lindfield Avenue) for 7 “No Parking Authorised Vehicles Excepted” spaces on the southern side of Tryon Road, while access to Chapman Lane is not available; D. That speed cushions in Milray Street, north of Kochia Lane, be approved; E. That a Traffic Management Plan (TMP) for the closure of Kochia Lane (between Lindfield Avenue and Havilah Lane) and a Shared Zone in Chapman Lane be submitted to Transport for NSW/Roads and Maritime Services for approval. F. That residents and businesses within the area directly affected by changes in this report be notified of Council’s decision. CARRIED UNANIMOUSLY

general discussion

No General Discussion

The Meeting closed at 9:50 AM

Ordinary Meeting of Council - 19 November 2019	GB.1 / 46

Item GB.1	RFT5-2019

RFT05-2019 - Lindfield Village Hub Developer - Tender Readiness

EXECUTIVE SUMMARY

purpose of report:	To request approval to issue the Invitation for Request for Tender (RFT) to the market in December 2019

background:	Council at 26 June 2018 OMC resolved to pursue an EOI from the market in or around October 2018 followed by an RFT. The EOI was completed early this year and shortlist approved at OMC 26 February 2019. The Report was presented to Council at OMC 23 July 2019 with a Planning Proposal for the LVH and Council made a decision on 20 August 2019 to lodge a different Planning Proposal with reduced height and development potential. This was submitted on 11 October 2019 following an update of the Planning proposal to reflect the revised height for the project.

comments:	The RFT is the second step of a select tender process to engage a developer for the Lindfield Village Hub Project. The RFT is on track to be issued to the market in December 2019 with documentation in final draft. The RFT is going to be released to the five prequalified shortlisted Developers.

recommendation:	A. That Council note the reports from NS Projects and the Major Projects Advisory Committee and endorse proceeding in accordance with the staff responses to the issues raised. B. That Council note the financial implications of proceeding with the tender as indicated in the attached commercial appraisal report and financial summary. C. That, subject to Council’s internal Major Projects Steering Committee being satisfied, and the key pre-tender issues raised by NS Projects and the Major Projects Advisory Committee have been adequately addressed, Council authorise the General Manager to finalise the tender documents and issue to the shortlisted tenderers.

Purpose of Report

To request approval to issue the Invitation for Request for Tender (RFT) to the market in December 2019.

Background

On 23 May 2017, Council resolved to procure the Lindfield Village Hub using a competitive tendering process under Section 55 of the Local Government Act 1993(NSW)(LGA).

On 26 June 2018, Council resolved to pursue an EOI from the market in or around October 2018, for the development of the Lindfield Village Hub, followed by an RFT at a later date.

On 26 February 2019 Council resolved to accept a shortlist of five (5) Developers.

On 23 July 2019 a report was presented to Council recommending a planning proposal with a maximum height of 14 storeys.

On 20 August 2019 Ku-ring-gai Municipal Council resolved that future development at the site should be no higher than the tallest building in Lindfield being the buildings at 23 –41 Lindfield Avenue (known as the Aqualand building), which equates to no more than a 9 storey building on the Lindfield Village Hub site, including a provision at Clause 4.3 to allow for roof top plant, lift overruns and rooftop communal open space (and associated structures) to be located above the proposed maximum height limits, where appropriate.

The draft Planning Proposal was submitted to the KMC Planning on 11 October 2019.

As part of the new governance structure for all Major Projects, Councillors’ acceptance of Tender readiness to issue the RFT is now required.

Comments

Tender Readiness Report

An independent Project management consultant has provided a Tender Readiness Review to the General Manager that addressed the following items:

• Scope definition and obligations

• Key planning risks and approval pathways

• Program

• Financial: budget, cash-flow, funding mechanisms

• Procurement strategy

• Contracting approach / Development Agreement

• Development risk profile

• Stakeholder management

• Council’s Resourcing Strategy (internal & external)

• Operational considerations

The report is provided to Council as Confidential Attachment A1 and KMC responses to Recommendations and any other outstanding issues is provided in Confidential Attachment A3 – Pre-Tender Issue Review.

Mandatory Requirements

As a result of the resolution of Council on 20 August 2019, the draft Planning Proposal and its attachments were updated to reflect the parameters adopted by Council and the comparative list of mandatory requirements, including the updated requirements as per the submitted draft Planning proposal, provided in Attachment A4.

Legal and commercial advisors in conjunctions with Council are finalising RFT documents and reviewing them as suitable to go to Tender. Probity advisors are observing and advising on the preparation and finalisation of the tender documents.

Developer RFT Status

The Developer RFT procurement process is on track for release to the market in December 2019.

A summary program is below to identify the key steps and timing of the RFT procurement process:

RFT Process
Invitation for RFT Release	December 2019
Workshop 1 - Developer Briefing session	January 2020
Workshop 2 – Q & A	February 2020
Workshop 3 – Developer Presentations	March 2020
Workshop 4	March 2020
RFT Close	3 April 2020

Currently, the following key documents have been prepared for the RFT and are in the process of being finalised:

1. ‘Invitation for Request for Tender’ will provide shortlisted developers with information about the procurement rules, a description of the RFT process such as how to ask questions and how to lodge an RFT, Council’s objectives for the project, information about the Site and the evaluation criteria.

2. ‘Risk Allocation Matrix’ will set out major risks and who the responsibilities for these lie with.

3. ‘Returnable Schedules’ will provide shortlisted developers with the formatting and content structure of their returns.

4. ‘Evaluation Plan’ will provide to the Evaluation Committee guidance on the roles and responsibilities and detailed steps in the evaluation of the RFTs.

5. ‘Heads of Project Delivery Agreement’ set out key contractual terms and risk allocations that the Developers will be expected to agree to in the event of being awarded the tender.

This document will form the basis of the full Project Delivery Agreement that will be negotiated and executed with the successful Tenderer. The RFT will also provide a draft suite of legal agreements that will form a full PDA suite and are as follows:

a. Design Build Contract – Community Assets

b. Contract of Sale – Residential

c. Strata Management Statement/ HOA

d. Stratum Lease

e. Implementation Program

f. Development Lease

g. Concurrent Development Lease

h. Deed of Guarantee

i. Financier Side Deed

The RFT has been prepared with the input of specialist consultants including legal, commercial and project management. In addition, the RFT has been prepared with an oversight from the independent probity advisors and reviewed as part of the Tender Readiness Review, as described above.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P4.1 Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.	P4.1.3 Secure a development partner for Lindfield Community Hub.	P4.3.1.1 Complete and obtain endorsement for the final feasibility plan for the project

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4.1.3 Secure a development partner for Lindfield Community Hub.

P4.3.1.1 Complete and obtain endorsement for the final feasibility plan for the project

Governance Matters

It was resolved at an Ordinary Meeting of Council on 26 June 2018 that Council pursue an Expression of Interest (EOI) from the market in or around October 2018 for the development of the Lindfield Village Hub and a subsequent Request for Tender (RFT). The EOI was released to market 2 October 2018 and, following an extensive and positive response from the market, 18 submissions were received on 2 November 2018. On completion of an evaluation process, at 26 February 2019 OMC Council resolved to accept a shortlist of five (5) Developers.

The Tender Readiness report was submitted to Council’s Major Projects Advisory Committee (MPAC) for review and MPAC have prepared an independent assessment report. This is attached as Attachment A2 and KMC responses are contained in Confidential Attachment A3 - Pre-Tender Issue Review.

Risk Management

A risk assessment has been undertaken as part of due diligence.

Financial Considerations

A Commercial Appraisal undertaken by CBRE has been previously issued to Council for the 23 July 2019 OMC and an addendum was completed following the Council resolution on the 20 August 2019 OMC to reduce the scheme which is provided here a Confidential Attachment A5. A summary of the financial issues is also provided in Confidential Attachment A6.

Social Considerations

The social and economic considerations arising from this report relate mainly to ensuring that Council is able to realise new and sustainable community services, assets and places through a well-considered asset and service delivery strategy.

Environmental Considerations

There are no direct environmental considerations arising from this report.

Community Consultation

Following the 26 February 2019 Ordinary Meeting of Council the community were informed of the Developers shortlisted for the Tender.

From August 2018 to May 2019 Council involved the community in a broad discussion to extend understanding about the Lindfield Village Hub mixed use development, as a Council-led development providing new community facilities and enhanced social outcomes for the Ku-ring-gai and Lindfield communities and the key findings and outcomes were presented to Council at a briefing on 21 May 2019.

Internal Consultation

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

Summary

The RFT documentation has been developed with input from Council’s internal teams and external advisors (Transaction Advisor (CBRE), Legal Advisors (Minter Ellison) and Probity Advisors (OCM)).

Independent pre-tender reports have been provided by NS Projects and MPAC with various recommendations. Comments in response from staff have been provided to Council. Subject to adequate resolution of the key issues raised by NS Projects and MPAC, this report recommends that the RFT be issued to the market.

Recommendation:

A. That Council note the reports from NS Projects and the Major Projects Advisory Committee and endorse proceeding in accordance with the staff responses to the issues raised.

B. That Council note the financial implications of proceeding with the tender as indicated in the attached commercial appraisal report and financial summary.

Inna Hawkins

Project Coordinator - Procurement Officer

Geoff Douglas

Group Lead - Major Projects

Attachments:	A1	Report - LVH - NS projects - 191025 LVH Development Review Tender Readiness - FINAL	Confidential
	A2	Report - MPAC Draft LVH Report 31 October 2019	Confidential
	A3	Confidential Attachment - PRE TENDER REVIEW ISSUES	Confidential
	A4 ⇩	LVH mandatory requirements - history incl post 20 August 2019a	2019/335257
	A5	Report - LVH - CBRE - Commercial Appraisal - Addendum Report DRAFT 151019 (Confidential) v2(2) - October 2019	Confidential
	A6	Summary - LVH - KMC - Financial Considerations	Confidential

Ordinary Meeting of Council - 19 November 2019	GB.2 / 61

Item GB.2	CY00438/7
	30 August 2019

Council Meeting and Public Forum Dates for 2020

EXECUTIVE SUMMARY

purpose of report:	To set future Council Meeting and Public Forum dates for 2020.

background:	Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month. The dates proposed reflect the new Code of Meeting Practice put to Council at the Ordinary Meeting of Council on 11 June 2019. The dates set for 2020 attempt to avoid school holidays, public holidays and other events that may make attendance for Councillors and/or the public difficult. It is also proposed that Council go into recess from the second week of December to the end of January. As per the dates set for the remainder of 2019 at the Ordinary Meeting of Council on 11 June 2019, it is now Council’s practice to set Public Forums on the second Tuesday of each month and Ordinary Meetings of Council on the third Tuesday of each month.

comments:	A Council Meeting and Public Forum cycle for 2020 has been prepared for consideration.

recommendation:	That Council adopt the proposed Council Meeting and Public Forum dates.

Purpose of Report

To set future Council Meeting and Public Forum dates for 2020.

Background

Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month.

The dates proposed reflect the new Code of Meeting Practice put to Council at the Ordinary Meeting of Council on 11 June 2019. The dates set for 2020 attempt to avoid school holidays, public holidays and other events that may make attendance for Councillors and/or the public difficult. It is also proposed that Council go into recess from the second week of December to the end of January.

As per the dates set for the remainder of 2019 at the Ordinary Meeting of Council on 11 June 2019, it is now Council’s practice to set Public Forums on the second Tuesday of each month and Ordinary Meetings of Council on the third Tuesday of each month.

Comments

The proposed scheduled meeting cycle for 2020 is as follows:

February
11 February 2020	Public Forum
18 February 2020	Ordinary Meeting of Council
March
10 March 2020	Public Forum
17 March 2020	Ordinary Meeting of Council
April
21 April 2020	Public Forum
28 April 2020	Ordinary Meeting of Council
May
12 May 2020	Public Forum
19 May 2020	Ordinary Meeting of Council
June
23 June 2020	Public Forum
30 June 2020	Ordinary Meeting of Council
July
21 July 2020	Public Forum
28 July 2020	Ordinary Meeting of Council
August
18 August 2020	Public Forum
25 August 2020	Ordinary Meeting of Council
September
NONE	Public Forum
22 September 2020	Ordinary Meeting of Council (Mayoral Election)
October
13 October 2020	Public Forum
20 October 2020	Ordinary Meeting of Council
November
10 November 2020	Public Forum
17 November 2020	Ordinary Meeting of Council
December
1 December 2020	Public Forum
8 December 2020	Ordinary Meeting of Council
February
9 February 2021	Public Forum
16 February 2021	Ordinary Meeting of Council

The school holiday periods for 2020 (sourced from https://education.nsw.gov.au/public-schools/going-to-a-public-school/calendars), public holidays (sourced from https://www.nsw.gov.au/about-new-south-wales/public-holidays/) and other potential conflicts in relation to the 2^nd and 4^th Tuesday of the month are listed in the table below, along with a proposed action. This table excludes the proposed recess period during December and January.

School Holiday Period	Public Holidays	Other Considerations	Dates Affected	Proposed Action
13 April 2020 to 24 April 2020	10, 11, 12, 13, 25 April 2020		14 April 2020 Public Forum 21 April 2020 Ordinary Meeting of Council	Ordinary Meeting of Council is pushed back to April 28 2020 and Public Forum to 21 April 2020 for minimal interference.
	8 June 2020	National General Assembly (NGA) of Local Government Conference (Canberra) 14-17 June 2020	16 June 2020	Public Forum is pushed back to 23 June 2020 and Ordinary Meeting of Council is pushed back to 30 June 2020.
6 July 2020 to 17 July 2020
		Local Government Elections 12 September 2020	15 September 2020 Public Forum	No Public Forum as the September OMC will only consist of Mayoral and other election related matters.
28 September 2020 to 9 October 2020	5 October 2020

Recess 2020/2021

It is proposed that the last Public Forum for 2020 be held on Tuesday, 1 December 2020 and that the last Ordinary Meeting of Council for 2020 be held on Tuesday, 8 December 2020, and that Council resume from the recess on Tuesday, 9 February 2021 for Public Forum and Tuesday, 16 February 2021 for the Ordinary Meeting of Council.

School holidays during this period run from Monday, 21 December 2020 to Monday, 26 January 2021.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month.

Council’s current practice is to set Public Forums on the second Tuesday of each month and Ordinary Meetings of Council on the third Tuesday of each month.

The dates set for 2020 attempt to avoid school holidays, public holidays and other events that may make attendance for Councillors and/or the public difficult. It is also proposed that Council go into recess from the second week of December to the end of January.

A Council Meeting and Public Forum cycle for 2020 has been prepared for consideration.

Recommendation:

That Council adopt the following Meeting dates:

February
11 February 2020	Public Forum
18 February 2020	Ordinary Meeting of Council
March
10 March 2020	Public Forum
17 March 2020	Ordinary Meeting of Council
April
21 April 2020	Public Forum
28 April 2020	Ordinary Meeting of Council
May
12 May 2020	Public Forum
19 May 2020	Ordinary Meeting of Council
June
23 June 2020	Public Forum
30 June 2020	Ordinary Meeting of Council
July
21 July 2020	Public Forum
28 July 2020	Ordinary Meeting of Council
August
18 August 2020	Public Forum
25 August 2020	Ordinary Meeting of Council
September
NONE	Public Forum
22 September 2020	Ordinary Meeting of Council (Mayoral Election)
October
13 October 2020	Public Forum
20 October 2020	Ordinary Meeting of Council
November
10 November 2020	Public Forum
17 November 2020	Ordinary Meeting of Council
December
1 December 2020	Public Forum
8 December 2020	Ordinary Meeting of Council
February
9 February 2021	Public Forum
16 February 2021	Ordinary Meeting of Council

Michael Wearne

Manager Governance and Corporate Strategy

David Marshall

Director Corporate

Ordinary Meeting of Council - 19 November 2019	GB.5 / 82

Item GB.5	S09112/8
	23 October 2019

2019 - 2020 Budget Review - 1st Quarter ended September 2019

EXECUTIVE SUMMARY

Purpose of report:	To inform Council of the results of the first quarter budget review of 2019/20 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2019 to 30 September 2019.

background:	Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2019/20) financial year.

comments:	Budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $701k compared to revised budget, primarily due reduced Financial Assistance Grant (FAG) received in advance in June 2019 (timing variance), partly offset by other adjustments in income and expense as detailed in the report. The forecast working capital balance at 30 June 2020 is projected to decrease to $5m, moderately lower than the Long Term Financial Plan target of $5.1m.

recommendation:	That the September 2019 Quarterly Budget Review and the recommended changes are received and noted.

Purpose of Report

Background

In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”):

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

The Office of Local Government has developed a set of minimum requirements that assists councils in meeting their obligations as set out in legislation.

At the Council meeting held on 25 June 2019, Council adopted the Revised Delivery Program 2018-2021 & Operational Plan 2019-2020, which incorporated the Annual Budget for 2019-2020.

Comments

This review analyses Council’s financial performance for the first quarter of 2019/20 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $701k compared to revised budget. This is primarily due to reduced FAG received in advance in June 2019 (timing variance, two instalments), partly offset by other adjustments in income and expense as detailed further in the report

The change to the operating result is largely due to increased “Other revenue” ($374k) as a result of higher than forecast property rental income (partly restricted), decreased operating grants and mainly due to adjustment for FAG received in advance ($1.9m) partly offset by other operating grants and contributions received ($370k) and capital grants ($666k).

Operating expenditure is forecast to increase by ($107k) mainly due to increased workers’ compensation premium ($182k), additional building compliance staff ($300k) funded by compliance levy, increased DA legal fees and consultants ($250k) and other minor adjustments, increased operating project expenditure ($351k) funded from grants and contributions. The increase in expenditure is partly offset by savings in street lighting component charges ($500k), decreased rental rebates ($261k) and insurance costs ($111k).

Major variations to the operating projects budget are due to:

· Projects funded from additional revenue, grants and contribution ($528k);

· Projects deferred to 2020/21 ($148k)

Major variations to the capital budget are due to:

· New RMS grants received ($672k);

· Increased funding of projects from the environmental levy reserve ($300k);

· Deferral of projects funded from the environmental levy ($976k), S7.11 ($18.9m), S94A ($2.2m), Infrastructure & Facilities Reserve (I&F) ($839k) and Asset Sale Reserve ($1.9m);

Other budget adjustments to capital projects are detailed further in the report and listed in Attachment A2.

The forecast working capital balance at 30 June 2020 is projected to decrease to $5m, moderately lower than the Long Term Financial Plan target of $5.1m.

Quarterly Budget Review Statements (QBRS)

The Quarterly Budget Review Statements (QBRS) as prescribed by the OLG guidelines are composed of the following budget review reports:

· Income and Expenses Budget Review Statement (Table 1)

· Capital Budget (Expenditure and Funding) Budget Review Statement (Table 2)

· Proposed Operating Budget Adjustments by Resource Group (Table 3)

· Proposed Capital Budget Adjustments by Resource Group (Table 4)

· Income and Expenses Statement by Theme (Table 5)

· Cash and Investments position (Table 6)

· Contracts and Consultancy Expenses (Table 7)

· Capital & Operational Projects Summary (Table 8)

· Statement by the Responsible Accounting Officer

These statements are shown below.

Proposed Budget Adjustments

The table below lists the proposed budget adjustments, including comments for the September Quarterly Budget Review.

Attachment A2 summarises all proposed budget adjustments for Projects.

The table below splits the current budget by six themes identified within Council’s Delivery Program 2018 – 2021. These themes are used as a platform for planning our activities to address the community’s stated needs and aspirations.

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as per the September Investment Report is $208.8m.

A detailed Restricted Assets Report as at September 2019 (Actual) is shown in Attachment A1.

Contracts and Consultancy Expenses

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 30 September 2019 is $7.9m against the full year budget of $93m. The September review decreases the forecast project budget by $24m mainly due to deferral of projects to future years.

The table and chart below shows the YTD actual project expenditure against 2019/20 full year revised budget and projected forecast.

The proposed budget changes to operational and capital projects represent a decrease of $24m. The most significant variations and projects proposed for adjustment are listed below:

· Lindfield Village Green ($13.5m) deferred to 2020-21;

· St Ives Village Green New Recreation Precinct ($1.5m) deferred to 2020-21;

· St Ives Cultural and Environmental Education Centre ($1.8m) deferred to 2020-21;

· S7.12/94A Plan Projects - to be defined ($1.1m) deferred to 2020-21;

All Proposed Budget adjustments for each Project and explanation for the changes are detailed in

Attachment A2 – Summary of Capital and Operational Project Budget Adjustments

Statement by Responsible Accounting Officer

It is my opinion the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 30 September 2019 indicates Council’s projected financial position at 30 June 2020 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

One of Council’s key performance indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum available working capital balance of $5.1m. The forecast working capital balance at 30 June 2020 is projected to achieve $5m, moderately lower than the Long Term Financial Plan target.

integrated planning and reporting

Theme 6: 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.

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

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current financial year.

Risk Management

Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure cannot be directly controlled, it can be monitored and action taken to mitigate potential financial or budgetary risk. Further, Council staff utilise monthly management reporting for managing operational and project income and expenditure, and any budget variations are reported to the Director. The executive team are also provided with monthly financial reports that allow Directors to make informed decisions and plan ahead to ensure budget targets are met.

Financial Considerations

Budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $701k compared to revised budget.

The forecast working capital balance at 30 June 2020 is projected to achieve $5m, moderately lower than the Long Term Financial Plan target of $5.08m

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

Finance met with directors and managers as part of the Quarterly Budget Review process to ensure departmental budget targets reflect current forecasts.

Summary

The recommended budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $701k compared to revised budget, primarily due reduced Financial Assistance Grant (FAG) received in advance in June 2019 (timing variance), partly offset by other adjustments in income and expense as detailed in the report.

The forecast working capital balance at 30 June 2020 is projected to achieve $5m, moderately lower than the Long Term Financial Plan target.

Recommendation:

That the September 2019 Quarterly Budget Review and the recommended changes be received and noted.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:	A1 ⇩	Attachment A1 - Restricted Assets Report - September 2019		2019/327388
	A2 ⇩	Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - September 2019		2019/327385

Ordinary Meeting of Council - 19 November 2019	GB.6 / 114

Item GB.6	FY00623/2
	17 October 2019

Analysis of Land and Environment Court Costs - 1st Quarter 2019 to 2020

EXECUTIVE SUMMARY

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2019.

background:	A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused. An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders

comments:	For the three months ended 30 September 2019, Council’s legal and associated payments in relation to the Land and Environment Court were $417,046. This compares with the annual budget of $1,246,100.

recommendation:	That the analysis of Land and Environment Court costs for the quarter ended 30 September 2019 be received and noted.

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2019.

Background

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. Council is a respondent to such proceedings.

Comments

Appeals Lodged

In quarter ended 30 September 2019 there were 10 new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:

Financial year	Number of appeals received (whole year)
2015/2016	38
2016/2017	41
2017/2018	45
2018/2019	44
2019/2020 (as at 30 September 2019)	10

The appeals commenced during the three months to 30 September 2019 concerned the following subject matters:

· seniors living

· boarding house

· modification of Court-granted consent

· child care centre

· residential care facility

· multi-unit dwelling

costs

For the quarter ended 30 September 2019, Council made payments of $417,046 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual budget of $1,246,100

In addition to expenditure on appeals, a further amount of $ 4,079 was spent in obtaining expert advice regarding development assessment matters.

Land & Environment Court Costs 2015/2016 - 2018/2019
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2016/2017* (41 appeals lodged)	$1,054,747	$202,574	$196,949	$285,681	$369,543
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2017/2018* (45 appeals lodged)	$1,267,706	$221,520	$461,976	$201,332	$382,878
2018/2019* (42 appeals lodged)	$1,648,229	$372,972	$491,788	$336,336	$447,133
2019/2020 (10 appeals lodged)	$417,046	$417,046	$0	$0	$0

* Costs reported to Council in previous reports

The costs incurred in the quarter as at 30 September 2019 are greater than one quarter of the annual budget of $1,246,100. As noted above, the number of appeals lodged has been high. The commencement of appeals does not lie within the control of Council, however there a number of factors that appear to have influenced the volume of appeals:

· Amendments to the Environmental Planning and Assessment Act made in 2013 reduced the timeframe for lodgement of an appeal from twelve months to six months. This continues to have the effect of applicants for more substantial and complex development proposals lodging appeals for no other reason than as a mechanism to preserve early appeal rights. The number of development applications received by Council in recent periods has itself been high.

· In addition, the prospect of changing economic market conditions appears to have led to urgency on the part of developers of multi-housing developments in particular, with a particularly high number and proportion of appeals commenced immediately on the basis of deemed refusal. As a result, Court listings are currently heavily booked and long delays for several months for the holding of both mediation conferences and hearings are occurring.

Current delays in the Court have resulted in limited progress of many of the current appeals this financial year. Accordingly, the number of unresolved matters has grown during the period. The higher level of expenditure compared to the previous financial year is explained in large part by matters of an unusual and complex nature which were in somewhat greater number. These matters excepted, the average level of expenditure for appeals of a routine nature is broadly consistent with costs incurred in previous years.

Notwithstanding these factors, Council’s overall success rate in appeals for the year has been high.

In relation to costs recovered, the amount of $75,584 had been recovered as at the end of the quarter to 30 September 2019 compared to an annual budget for costs recovered of $140,000.

Outcomes

At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.

In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.

In this context, any of three outcomes can be regarded as favourable, namely:

1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;

2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court;

3. If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.

Eight matters were concluded during the quarter. A partly or wholly favourable outcome was achieved in all matters but one:

· Three matters were discontinued by the applicants;

· Three matters were resolved by agreement in relation to an amended proposal;

· One matter was upheld in relation to an amended proposal;

· One matter was upheld.

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.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

Governance Matters

Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.

Risk Management

Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.

Financial Considerations

Land & Environment Court legal costs form part of Council’s recurrent operating budget.

Social Considerations

None undertaken or required.

Environmental Considerations

None undertaken or required.

Community Consultation

None undertaken or required.

Internal Consultation

This report has been developed with input from Council’s Corporate Lawyer, Director Corporate and Director Development & Regulation.

Summary

For the quarter ended 30 September 2019, Council made payments of $417,046 on Land & Environment Court appeals. This compares with the annual budget of $1,246,100.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 30 September 2019 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

Michael Miocic

Director Development & Regulation

David Marshall

Director Corporate

Attachments:

A1 ⇩

Individual Case Summary September 2019 - Land and Environment Court Costs

2019/324741

Ordinary Meeting of Council - 19 November 2019	GB.8 / 139

Item GB.8	S07151

Development and Regulation Policy Reviews and Updates

EXECUTIVE SUMMARY

purpose of report:	To inform Council of the review and update of two policies under the jurisdiction of the Development and Regulation Department and to seek Council’s endorsement of these updated policies. The relevant policies are: - The Compliance Policy - Local Approvals Policy

background:	Council has a responsibility to review its policies from time to time to ensure all content is in accord with industry best practice.

comments:	The Compliance Policy remains principally unchanged from the previous version. An amendment has been made regarding the deletion of previous references to the repealed Noxious Weeds Act and in turn inserting the new legislation covering weeds, that being the Biosecurity Act, 2015.Further minor amendments were made in regard to Council’s obligations in administering the Food Act, 2003. The Local Approvals Policy remains principally unchanged with the exception of procedures covering applications for bushfire “pile burns” on private properties. This change is so as to lessen red tape and make it easier for residents to gain the necessary pre approvals before conducting burns on their properties.

recommendation:	A. That the Compliance Policy, Version 3, 2019 be adopted. B. That the Local Approvals Policy , Version 4, 2019 be adopted C. That Council formally advise the NSW Environmental Protection Authority of Council’s self-nomination for the Ku-ring-gai Local Government Area to transition from Part 1 so as to be included in Part 2 and 3 of Schedule 8 of the Protection of the Environment Operations ( Clean Air) Regulation 2010, the purpose being to assist residents in lessening the” red tape “ in securing approvals to undertake bush fire protection pile burns on private lands that exhibit extreme access difficulty due to their location or topography.

Purpose of Report

To inform Council of the review and update of two policies under the jurisdiction of the Development and Regulation Department and to seek Council’s endorsement of these updated policies.

The relevant policies are:

- The Compliance Policy

- Local Approvals Policy

Background

Council has a responsibility to review its policies from time to time to ensure they are current and in accord with industry best practice.

Part 3 of the Local Government Act sets the requirements that apply to the adoption of local policies concerning approvals and orders. Preparation of the Ku-ring-gai Compliance Policy and Local Approval Policy is in accord with this guideline.

The Ku-ring-gai Compliance Policy was prepared with reference to NSW Ombudsman’s “Enforcement Guideline for Councils”. This document included a model compliance policy document that was customised for Ku-ring-gai Council use.

The purpose of the policies is to provide guidance to Council staff and the community with regard to the implementation of compliance, enforcement and the local approval processes.

Comments

Council’s current policies generally reflect industry best practice. The current review is principally to uphold the requirements of the Local Government Act that requires councils to review their policies from time to time to ensure that they reflect legislative changes and also to streamline internal processes.

The Compliance Policy remains principally unchanged from the previous version. An amendment has been made regarding the deletion of previous references to the now repealed Noxious Weeds Act and in turn inserting the new legislation covering weeds, that being the Biosecurity Act, 2015.Further minor amendments were made in regard to Council’s obligations in administering the Food Act, 2003, setting out the regulatory options available for officers when dealing with breaches of food laws.

The Local Approvals Policy also remains principally unchanged from the previous version, with the exception of changes to how persons may seek a local approval to carry out a pile burn for the purpose of bushfire protection upon their private lands. This change has been recommended so as to assist in lessening the burden of red tape for individuals applying for such a permit.

Pile burn permits will only be considered for those properties that exhibit extreme access difficulties due to their location or topography that make it very difficult for vegetative waste to be transported off site.

The timing of this review of the Ku-ring-gai Local Approvals Policy aligns with the current State Government review of the Protection of Environment Operations Act and associated regulations. The Protection of the Environment Operations (Clean Air) Regulation 2010, currently has Ku-ring-gai Council listed within Part 1 of Schedule 8 of the Regulation which prohibits any burning in the Ku-ring-gai local government area except with approval of the NSW Environmental Protection Authority.

A recent invitation to Council to provide feedback on the state review of the Protection of Environment Operations Act and Associated Regulation has provided opportunity for Council to self-nominate to transfer from Part 1 of Schedule 8 to parts 2 & 3 of Part 8. This transition is in line with the NSW government’s desire to lessen red tape and make it easier for persons to do business in NSW.

Verbal advice from officers of NSW Environment Protection Authority(EPA), indicates that the review will not be formally presented to the government until February 2020, so if Ku-ring-gai Council is of the mind to transition, it would be prudent to adopt such recommendation at this time and then formally advise the EPA of Ku-ring-gai Council’s resolution.

The adoption of this change would not result in any noticeable change in local air quality. On average, Council receives less than ten notifications/ applications per year. These permits are strictly only available to landowners with difficult site access and pre- inspections of premises by Council officers will determine if the burns are appropriate. This suggested change is only to assist in an ease of administration processes currently faced by applicants.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Council’s governance framework is developed to ensure probity, transparency and sustainability.

Continue to improve internal Council policies and maintain registers in accordance with legislation.

Maintain a policy review program to ensure currency of all policy documents

Governance Matters

Council policies are periodically updated in accordance with adopted review periods outlined in each respective policy or to reflect legislative changes. This ensures that the administration of the policies is consistent with legislation and ensures that a consistent management framework is applied across Council. Part 3 of the Local Government Act, Sections 158 – 167 specifically deals with local policies that cover approvals and orders. The policies subject of this report are in accord with these guidelines.

Risk Management

Updates to these policies ensure integrity of the risk management framework associated with the administration of each respective policy.

Financial Considerations

Management actions associated with the implementation of these policies is funded through Council’s recurrent budget.

Social Considerations

Each respective policy provides transparent guidelines for implementation.

Environmental Considerations

Relevant environmental legislation is referred to within each respective policy where appropriate.

Community Consultation

There has been no community consultation in regard to review of these policies. As amendments reflect statutory changes only and streamlining of process, no external consultation is required.

Discussions were held with the EPA regarding pending changes to Council’s classification within the Protection of Environment Operations Act from a Schedule 1 Local Government Authority, to a Schedule 2 & 3 Local Government Authority. The advice received was that a Council resolution would be required acknowledging this pending change in classification. This change would be included in the EPA statutory review of the Protection of Environment Operations Act that is on track for release in February 2020.

Internal Consultation

No internal consultation was undertaken in the review of these policies, with the exception of informing Council’s “Technical Officer – Bushfires” of the proposed changes to the approval process for obtaining a bush fire pile burn approval. The officer in turn provided comment on the standard conditions of approval attached to these permits, with suggested minor wording amendments that have been included in this review.

Summary

Council’s inaugural Compliance Policy and Local Approvals Policy were adopted in 2010. In line with Council’s governance responsibilities review of these policies are systematically required from time to time.

The revised policies , subject of this report, have been amended to reflect recent legislative changes. Both policies essentially retain the substantive content of the existing policies.

Recommendation:

A. That the Compliance Policy, Version 3, be adopted.

B. That the Local Approvals Policy , Version 4 ,be adopted.

Anne Seaton

Manager Regulation & Compliance

Michael Miocic

Director Development & Regulation

Attachments:	A1 ⇩	Draft Compliance Policy		2019/334103
	A2 ⇩	Draft Local Approvals Policy		2019/334102

Ordinary Meeting of Council - 19 November 2019	GB.10 / 264

Item GB.10	RFT9-2019

Tender RFT9-2019 Cleaning - Council Buildings and Amenities

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Cleaning – Council buildings and amenities and to appoint the preferred tenderer.

background:	Council has annual recurrent funding for the cleaning of Council buildings and amenities. An appointment of an external contractor is required due to issues with the current contract produced by NSW State Government for the cleaning of Council buildings and amenities. The contract term is for a three (3) year period with a two (2) x one (1) year option to extend. Tender documents were released through Tenderlink on 6^th August 2019 and closed on the 3rd September 2019.

comments:	Council received seventeen (17) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

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

Purpose of Report

To consider the tenders received for Cleaning – Council buildings and amenities and to appoint the preferred tenderer.

Background

Council has annual recurrent funding for the cleaning of Council buildings and amenities. An appointment of an external contractor is required due to issues with the current contract produced by NSW State Government for the cleaning of Council buildings and amenities.

The contract term is for a three (3) year period with a two (2) x one (1) year option to extend. Tender documents were released through Tenderlink on 6^th August 2019 and closed on the 3rd September 2019.

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

Comments

Seventeen (17) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel (TEP) consisting of staff from the Operations Department and Community Department was formed to assess the seventeen (17) tenders received.

Two (2) tenders were assessed as outside the budget and were excluded from the evaluation process. The further 15 submissions were assessed using agreed criteria which identified the best value for money to Council.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

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

integrated planning and reporting

Places, Spaces and Infrastructure

P7: Enhancing community buildings and facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

P7.1: Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs

P7.1.1: The condition and functionality of existing and new assets is improved

P7.1.1.1: Implement a prioritised program of improvements to community meeting rooms, halls, buildings and facilities.

Governance Matters

Tender documents were prepared and released through Tenderlink on 6^th August 2019 and closed on the 3rd September 2019. At the close of tender, seventeen (17) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department and Community Department was formed to assess the seventeen (17) tenders received. The evaluation considered:

· Conformity of submission,

· Lump sum fee,

· Ability to provide full range of services with suitably qualified staff,

· Risk Management and Environmental

· Work Health and Safety

· Performance and Financial Assessment including reference checks.

· Site Inspection of preferred companies.

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

Risk Management

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

· That the cleaning be carried out by a contractor with ability to provide full range of services with suitably qualified staff.

· Risk Management, Environmental and WHS.

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

As part of the independent Financial and Performance Assessment of Tenderer ‘A’ by Corporate Scorecard Pty Ltd, the following areas were examined:

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

· That Tenderer ‘A’ has been trading in a profitable and responsible manner during the last three (3) years as reviewed by Corporate Scorecard.

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

· Reference checks

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

Financial Considerations

The cleaning of Council buildings and amenities will be funded from the annual recurrent budget.

Social Considerations

The ongoing cleaning of Councils buildings and amenities will provide facilities which are in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions of multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs.

Environmental Considerations

The successful tenderer is to take all environmental considerations as part of the works and materials used throughout the contract.

Community Consultation

No Community consultation was required for this contract. All Council community halls, buildings and amenity user groups needs and requirements were taken into consideration during the tender specification process.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT9-2019 Cleaning – Council buildings and amenities was released through Tenderlink on 6^th August 2019 and closed on the 3rd September 2019

A Tender Evaluation Panel was formed consisting of representatives from the Operations Department and Community Department. Council received seventeen (17) tenders. All tenders were recorded in accordance with Council’s tendering policy.

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

Recommendation:

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Cleaning of Councils buildings and amenities.

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

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

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

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT9-2019 List of Submitters		Confidential
	A2	RFT9-2019 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 19 November 2019	GB.13 / 276

Item GB.13	S12396

Post Exhibition - Consideration of Submissions - Local Strategic Planning Statement

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Local Strategic Planning Statement. For Council to endorse the draft Ku-ring-gai Local Strategic Planning Statement for referral to the Greater Sydney Commission for the purpose of assurance.

background:	In March 2018 the NSW State Government brought in state wide changes requiring all Councils to prepare a Local Strategic Planning Statement (LSPS). The LSPS sets out the 20 year vision for land use within Ku-ring-gai, and looks to protect the areas of unique character by guiding the provision of additional infrastructure, facilities and housing. The LSPS provides a locally relevant response to the State Government’s strategic plans The Greater Sydney Region Plan – A Metropolis of Three Cities and the North District Plan. The LSPS is required to be finalised by 31 March 2020.

comments:	The draft Ku-ring-gai Local Strategic Planning Statement was placed on public exhibition for a period of 6 weeks, from 1 July 2019 to 12 August 2019.

recommendation:	That Council endorses the draft Ku-ring-gai Local Strategic Planning Statement for referral to the Greater Sydney Commission for the purpose of assurance.

Purpose of Report

For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Local Strategic Planning Statement.

For Council to endorse the draft Ku-ring-gai Local Strategic Planning Statement for referral to the Greater Sydney Commission for the purpose of assurance.

Background

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

· where future housing, jobs and services will go;

· what infrastructure (such as community facilities, open space, transport improvements) is required to support future growth; and

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

The LSPS provides a locally relevant response to the State Government’s strategic plans The Greater Sydney Region Plan – A Metropolis of Three Cities and the North District Plan.

The role of the LSPS is to provide a basis for planning decisions, and to provide an alignment between the State Government’s regional and district strategic plans and Council’s local strategic planning and delivery. The LSPS and associated strategies, such as the housing strategy, will guide future updates to Council’s Local Environmental Plan (LEP).

Council considered a report at OMC 11 June 2019 on the preparation of the draft Ku-ring-gai Local Strategic Planning Statement, and endorsed the draft Ku-ring-gai LSPS for public exhibition.

Comments

The draft Ku-ring-gai LSPS was placed on public exhibition for a period of 6 weeks from 1 July to 12 August 2019.

Refer to the section of this report on ‘Community Consultation’ which details the engagement and promotion undertaken for the public exhibition of the draft Ku-ring-gai Local Strategic Planning Statement.

A. Written Submissions

A total of 78 of submissions were received in response to the public exhibition of the draft Ku-ring-gai LSPS.

Submissions were received from:

· Ku-ring-gai residents;

· community groups such as STEP Inc, Save Our Suburbs and FOKE;

· State agencies such as Transport for NSW, Sydney Water, NSW Health;

· companies such as Mirvac, Stockland and Charter Hall;

· charities and church organisations such as Saint Vincent de Paul, Cancer Council NSW and Gordon Pymble Uniting Church; and

· the State Member for Davidson.

A Submission Summary Table is included at Attachment A1 and the State Agency Submission Summary Table is included at Attachment A2. These tables summarise the matters raised within the submissions, Council’s comment in response to matters raised and a recommendation whether changes be made to the draft Ku-ring-gai LSPS.

Some of the key matters raised within the submission include:

· Population increase and impacts

Concern was raised with the historical population increase within Ku-ring-gai, as well as the projected population increase to 2036, and the associated impacts such as putting pressure on infrastructure such as community facilities, education, sporting and recreation facilities, open space and traffic. A number of submissions requested that limits to population increases should be restricted.

Council comment: The preparation of the LSPS has involved an evidence-based assessment of demographic patterns and projections, in order to understand the possible impacts of Ku-ring-gai’s changing population upon infrastructure, services and housing delivery. The Department of Planning, Industry and Environment projections indicate that over the next 20years, Ku-ring-gai’s population is expected to increase by 31,000 people.

If we don’t plan for growth now, we will face serious challenges in the future (such as traffic congestion, not enough houses, poor service delivery and over-use of facilities). The NSW State Government is the provider of significant supporting infrastructure to accommodate future growth in Ku-ring-gai. The LSPS acknowledges the need for Council to collaborate with state agencies to coordinate land use and infrastructure planning and delivery within Ku-ring-gai.

It is up to Council and the community to influence how growth happens. This is about setting in the plan in place now so that the future of Ku-ring-gai is sustainable. If we do nothing, Ku-ring-gai will have less control over future housing growth in the right locations.

· Dwelling targets – historical and future

Concern was raised with the historical 10,000 dwelling housing target, dwelling approvals and completions to date, and the amount of future housing delivery.

Council comment: The historic 10,000 dwelling target for Ku-ring-gai came from the 2007 North Subregion Draft Subregional Strategy and Metropolitan Strategy. These documents have since been superseded by A Plan for Growing Sydney (2014) and the current A Metropolis of Three Cities – Greater Sydney Region Plan (2018) and North District Plan (2018). Amendments to the Environmental Planning & Assessment Act 1979 in 2018 created a statutory requirement for all Councils to implement the new Sydney region and district plans.

The North District Plan requires Ku-ring-gai Council to delivery 4,000 dwellings during the 5 year period of 2016-2021. This requirement from the North District Plan resets the housing delivery clock for Council, and renders the previous 10,000 dwelling target from 2007 redundant.

More than half of the 4,000 dwellings required in the 2016-2021 period have already been constructed, and the remaining half is fully deliverable through the current development approvals and the existing zoning within the LEPs. This means that the 0-5 year housing supply target is achievable under the existing LEPs, and no immediate amendment is necessary to accommodate additional housing delivery.

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

Figure 2.13 Potential Housing Supply, Draft Ku-ring-gai LSPS

The draft Ku-ring-gai LSPS does not include any specific housing target beyond the 4,000 dwellings for the 0-5 year (2016-2021) as required by the North District Plan. Rather than include future housing targets, the LSPS includes an action to prepare a housing strategy to meet future housing demands over the next 20 years.

The North District Plan has a target of 92,000 dwellings for the whole of the North District from 2016-2036. Through the housing strategy, Council will determine in conjunction with the Greater Sydney Commission what portion of housing Ku-ring-gai will contribute to the 92,000 target over the 20year period from 2016-2036.

· Locations for future housing

Many submissions supported locating high and medium density around centres due to the good public transport access, proximity to shops and services and allowing the protection of character throughout the rest of Ku-ring-gai.

Some submissions raised concern with the 800m radius for high density housing and 400m radius for medium density housing, that these distances were too far and would lead to destruction of existing suburbs, removal of significant trees and allow for a continuum of high density the whole way up the highway.

Council comment: Places with public transport services, access to amenity and proximity to shops and community facilities are more suitable for new housing. Not every part of Ku-ring-gai will see growth. Some areas of Ku-ring-gai are not suitable to accommodate substantial growth. Considerations include access to public transport, employment and other services, and constraints such as bushland, bushfire and heritage.

The 800m radius for high density around primary and secondary local centres and 400m radius for medium density around neighbourhood centres are just the identification of an area for investigation. This does not mean that the entire 800m radius around a local centre will be rezoned to permit high density. There are many lots within the 800m radius which will not be suitable for increased density, such as heritage items, conservation areas, land within environmental constraints such as significant trees and vegetation, slope, or riparian lands.

It is recommended that the LSPS be amended to identify that future housing within the St Ives Local Centre be subject to the provision of transport infrastructure (rapid transit bus linking Mona Vale to Macquarie Park).

· Greater housing mix and diversity

Many submissions outlined the need for greater housing diversity and mix of housing types to cater for the changing community, changing family structures, and to provide more options for residents to age in place. Submissions specifically supported more medium density/townhouse style housing to provide a balance between high density apartments and low density single dwelling houses.

Council comment: The support for greater housing mix and diversity is noted. This feedback correlates with the community feedback received through the Community Strategic Plan, where it was made clear the community desire greater housing choice for all age groups. The housing strategy will look at the type, location and amount of future housing required to meet the changing needs of the Ku-ring-gai community, and how this new housing can be integrated into the Ku-ring-gai’s valued local character.

· Support for affordable housing

Many submissions supported the inclusion within the LSPS of providing affordable housing within Ku-ring-gai, through the preparation of a SEPP 70 affordable housing scheme.

Council comment: The support for the provision of affordable housing within Ku-ring-gai is noted. A housing affordability study will be undertaken as part of Council’s housing strategy, in order to determine the profile of local residents and essential workers in need of affordable housing. This study will also determine the appropriate location. Additionally, Council will need to prepare a SEPP 70 affordable housing contribution scheme to enable a mechanism for the delivery of local affordable housing.

· Local Character

Many submissions raised concern with the loss of character within Ku-ring-gai from the high density housing that has been constructed over the past 14 years. Submissions also outlined elements which they believed contributed to the local character of Ku-ring-gai such as tree canopy, and how important it is to protect Ku-ring-gai’s local character into the future.

Council comment: The LSPS acknowledges the importance of Ku-ring-gai’s unique visual and landscape local character, and outlines that Council will be undertaking a local character study to identify areas of special landscape character relating to views, visual quality, tree canopy, street trees and topography. The study will also identify important visual and landscape character elements of the local government area that need to be protected and enhanced including landmark locations, gateway entries, important views, movement corridors, centres, heritage conservation areas and heritage items, and natural vegetation. The study will also consider the desired future character of some areas, such as the local centres, and how these areas may change over time, including the identification of characteristics to be retained or enhanced.

The study will be used to prepare local character mapping within the LEP and local character statements within the development control plan.

Additionally, the housing strategy will also consider how new housing can be integrated into Ku-ring-gai’s valued local character.

· Revitalising of Local Centres and Urban Design Excellence

Many submissions supported the planning priority and actions to revitalise the local centres, as well as support for the establishment of a vision and structure plan for each of the primary local centres.

Many submissions also supported the objective of achieving urban design excellence.

A large number of submissions raised centre specific matters, for example the lack of infrastructure in St Ives, the traffic and parking within Turramurra, the hub projects within Turramurra and Lindfield, and pedestrian linkages in Gordon.

Council comment: The support for Council’s Local Planning Priorities and Actions in relation to the local and neighbourhood centres is noted. Council will undertake detailed place-based master planning process for all the local centres, to ensure the unique and valued characteristics if each centre are conserved, while also providing for additional housing and jobs. The master plans will be used to inform for land uses, building heights and floorspace ratios within each centre. Additionally, Council will also be preparing public domain plans for all the local centres, which will include new community infrastructure such as cycleways, parks and pedestrian links. The LSPS is proposed to be amended to acknowledge that any future housing growth in the St Ives local centre will be reliant on the implementation of higher efficiency public transport modes along the A3 (Mona Vale Road/Lane Cove Road) corridor.

· Open Space

Many submissions outlined the need for more open space to be provided, particularly noting population growth. Needs included parks, and sporting fields and facilities. A number of submissions raised concern with recreational activities in natural areas and ensuring these activities do not compromise the environment.

Council comment: Council is committed to delivering new parks and open space, which is demonstrated through Councils Open Space Acquisition Program which will deliver over 50,000sqm of new local parks and civic spaces within close proximity to high density residential areas in Ku-ring-gai. To date, Council has acquired over 23,000sqm of land to create new parks and civic spaces. In response to the Actions in the draft LSPS Council has commenced studies to identify locations for new parks in the remaining priority areas of Roseville, Gordon, Pymble and St Ives. This work will be progressed over the next 6-12 months.

The potential to acquire land for sports fields is limited, due to the shortage of land and high land values, however Council is initiating strategies to maximise use of existing sporting facilities including dual usage, floodlights, synthetic field options and partnerships with schools.

The Recreation in Natural Areas Strategy contains management actions to ensure that damaging recreation does not occur in areas containing critically endangered ecological communities. It is proposed to amend Local Planning Priority K18. Ensuring recreational activities in natural areas are conducted in harmony with the local environment and within ecological limits, with no net impact on endangered ecological communities and endangered species or their habitats.

· Bushland and Biodiversity

Many submissions supported the planning priorities relating to improving and enhancing bushland and biodiversity within Ku-ring-gai, and noted that stronger protection is required.

A number of submissions also raised concern regarding the loss of bushland and biodiversity through the construction of high density apartments, and concern that more high density will lead to further loss.

Council comment: The LSPS supports the protection of biodiversity above that required by current Federal and State legislation, as well as a review of current biodiversity protection clauses within the LEP and DCP.

In meeting the required future growth demands for Ku-ring-gai and Sydney, it will be important for Council to develop and support opportunities to leverage upon planned infrastructure improvements and urban density, including the creation of new areas of habitat and connectivity and long term sustainable management of the urban forest. The LSPS seeks to foster this approach through:

- the identification and support of Green Grid links (including recreation and green infrastructure);

- implementation of green infrastructure within the LGA outside of Green link areas;

- continued protection and management of Council bushland areas;

- improve urban forest quality, diversity and canopy extent; and

- improvement to Councils LEP and DCP controls, addressing issues such as urban forest, biodiversity and green grid.

Protection and enhancement of existing natural assets as well as the creation of new natural assets (e.g. planting) will be a key consideration in Council’s ability to meet these outcomes.

B. Survey - Local Planning Priorities

As the local planning priorities form a key part of the draft Ku-ring-gai LSPS, the community were invited to participate in an online and paper survey which asked respondents to indicate their level of support for the LSPS Vision and each Local Planning Priority, and to capture any comments about them.

A total of 65 responses to the survey were completed, online and in hard copy. Some of the key outcomes of the survey are as follows:

· 77% of respondents agreed or strongly agreed with the 20 year vision set out in the LSPS;

· the most supported Local Planning Priorities were:

- K27. Ensuring the provision of sufficient open space to meet the need of a growing and changing community (73% strongly support);

- K35. Protecting and improving the health of waterways and riparian areas (95% support or strongly support);

· The lowest supported Local Planning Priorities were:

- K21. Prioritising new development and housing in locations that enable 30min access to key strategic centres (61% support/strongly support and 22% do not support/do not support at all);

- K8. Promoting Gordon as the centre for business and civic functions and as the cultural heart of Ku-ring-gai (10% do not support at all); and

- K24. Diversifying Ku-ring-gai’s local economy through the expansion of tourism and the local visitor economy (22% do not support/do not support at all).

A Summary Report of the engagement outcomes from the Local Planning Priorities Survey is included at Attachment A3.

C. Amendments to draft Ku-ring-gai Local Strategic Planning Statement

Amendments are proposed to the draft Ku-ring-gai LSPS for the following reasons:

· correction of minor errors;

· further refinement and/or provision of additional detail;

· revisions as a result of matters raised during the public exhibition from both state agencies and the community; and

· feedback from the Greater Sydney Commission.

A Table of Amendments to the draft LSPS is included at Attachment A4.

The draft revised Ku-ring-gai Local Strategic Planning Statement for Council endorsement is Attachment A5.

integrated planning and reporting

Theme – Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

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

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

· actions for achieving those priorities; and

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

Phase 3 Assurance – Finalising the LSPS

The Greater Sydney Commission must advise Council that it supports the draft Ku-ring-gai LSPS as being consistent with the Greater Sydney Region Plan and North District Plan prior to the finalisation of the draft LSPS. The Greater Sydney Commission has provided a letter (Attachment A6) outlining the steps and dates involved in the assurance of the final LSPS. There main steps involved in the assurance process are:

1. Preliminary Review Meeting – 5 September 2019

Following completion of exhibition of draft LSPS, meeting between Council staff and the Greater Sydney Commissions to confirm key dates for the assurance process for the making of the final LSPS and to clarify any critical issues.

2. Draft Final LSPS Technical Health Check – 17 October 2019

This meeting with the Greater Sydney Commission, state agencies and Council to advise on key issues arising from the public exhibition, and any issues relating to the draft final LSPS. The feedback from the Greater Sydney Commission is included at Attachment A7 and discussed in more detail below.

3. Submission of Final LSPS – 20 November 2019

Following Council endorsement of the LSPS it will be referred to the Greater Sydney Commission 1 week prior to Assurance Panel.

4. Assurance Panel – 27 November 2019

Formal assessment of consistency between the Ku-ring-gai LSPS and the North District Plan. The Panel comprises the Chief Commissioner (or delegate) and the District Commissioner. Following the assurance panel, a letter of support (which may include conditions or terms for support) is to be issued to Councils where the LSPS is consistent with the North District Plan.

Greater Sydney Commission Feedback – Technical Health Check 17 October 2019

The Greater Sydney Commission have provide the following feedback and comments regarding the draft Ku-ring-gai LSPS. Council comment on how these matters will be addressed in the final LSPS is outlined below:

Issue	GSC suggested Action/Comment	Council Comment
Housing target	Consider acknowledging need for housing diversity in the draft LSPS	The LSPS acknowledges the need for housing diversity: · K4. Providing a range of diverse housing to accommodate the changing structure of families and households and enable ageing in place (P.33) · Specific identification of the need to provide housing for the aged and housing for cultural and linguistically diverse backgrounds (p.40) · Housing Strategy will examine housing diversity – enabling housing choice that supports the variety of household structures and life cycle changes for existing and future residents (p.43) · Action – conduct research including Housing Needs Study to determine housing types that will meet the changing needs of the local community and enable ageing in place (p.46) · Action - Investigate appropriate locations for and models of medium density housing (p.46)
SAN hospital	· Map various features of the Fox Valley Health and Education cluster · Provide more detail regarding potential for jobs growth	It is not considered suitable to include a map of the SAN Hospital. Further detail within the text will be included regarding the SAN Hospitals Concept Plan. An additional Action will be included which outlines that Council will liaise with the stakeholders within the precinct to understand the role and potential for jobs growth.
Waterways and foreshores	Describe opportunities for public access to waterways and foreshores most within Green Grid	The LSPS has been amended to: · Update Figure 2-24 Open Space, Recreation and Sport to identify public boat ramps · Green Grid – outline that Green Grid Strategy will include further consideration of access to waterways, water based recreation and creation/inclusion of Water Sensitive City features
Contaminated land	Note contaminated lands (e.g. historic orchard) and discourage intensification unless remediated	The LSPS has been amended to: · Include new Local Planning Priority ‘Mitigating the impacts of urban and natural hazards’ · Include information on contamination of land, including historic land uses of market gardens and orchards which may result in contamination of land from metal based pesticides. Outlines that intensification of land use is discouraged unless it can be suitably remediated.
Pedestrian and cycle links	Expand notes about better access to all centres – not just along railway between Hornsby and Chatswood or for leisure and cycling.	The LSPS already acknowledges active transport (pedestrian and cycle links) through Local Planning Priority K23 – Providing safe and convenient walking and cycling networks within Ku-ring-gai. Figure 3-4 Active Transport Cycle Routes identifies existing and proposed bicycle networks within Ku-ring-gai, and identifies additional routes for investigation, generally from neighbourhood centres to Local Centres/Train Stations. Proposed to amend LSPS to include additional Action: · Investigate additional walking and cycling routes from neighbourhood centres and surrounding areas to the Local Centres and Train Stations, as part of the review of the Integrated Transport Strategy (short- medium term)
Car park adaptation	Include statement about future adaptation, describe opportunities for leisure activities outside of key hours for car park use, design with extra height, describe opportunities for rooftop parks	The LSPS has been amended to: · Include Action: Investigate the mechanisms and opportunities for public car parks to be utilised and adapted for other uses, either out of peak hours or in the future when demand for parking decreases
Freight	Suggest highlight/map major routes	The LSPS has been amended to: · Highlight the importance of freight to the local economy · Highlight Pacific Highway and Mona Vale Road as key freight movement corridors
Role of SEPPs and S9.1	Acknowledge the role of SEPPs and Section 9.1 Directions	The LSPS has been amended to: · Highlight the role of SEPPs and Section 9.1 Directions within Policy Context
Bushfire prone land	Include map to add spatial dimension or provide link if not shown	The LSPS has been amended to include Bushfire Prone Land Map within section on Climate Resilience and Adaption.
Tree canopy mapping	Suggest mapping of tree canopy using DPIE data	This mapping is already contained with the LSPS - Figure 4-6 Urban Vegetation Cover – Tree Canopy
Principle Housing - Large lot low density housing	Concern that this does not indicate an intention to provide additional housing. Principle could be re-worded to focus on landscape setting rather than large lot low density. Suggestion to preface Housing Principles with a description of the role of the Local Housing Strategy to identify and provide evidence for the location, supply and diversity to meet future needs	The LSPS has been amended to: · Include a preface under the heading ‘Principals for the Location of Housing’ outlining the role of the Housing Strategy identifying the supply location and diversity of future housing. · Amend the wording of the first principal to emphasise the housing in a landscape setting rather than large lot low density.
Principle Housing - Consolidating future housing within Local Centres	Concern there is limitation to providing a diverse range of housing types within Centres. Consider rewording principle to relate to staging of housing supply rather than consolidation.	The LSPS has been amended to replace the delete the word ‘consolidate’ and replace with the word ‘stage’ in the second housing principal.
Local Housing Strategy	The LSPS could include more detailed explanation on the further work to be undertaken as part of the Local Housing Strategy to assess housing demand and diverse needs.	The LSPS includes the following explanation on the Housing Strategy: · The Housing Strategy will examine three key aspects: o Housing location – enabling good proximity to amenity such as transport, employment, services and alignment of built form typology with existing and local character o Housing diversity – enabling housing choice that supports the variety of household structure and life cycle changes for existing and future residents o Housing affordability – enable local residents and workers to live within the area close to family, established networks and places of employment. (p.43) · The Strategy will inform numbers location and typology of dwellings deliverable within Ku-ring-gai and address the growing issues of housing affordability (p.43) · Action – Conduct research including Housing Needs Study to determine housing types that will meet the changing needs of the local community and enable ageing in place (p.46)
400m/800m radius – unclear if this falls within investigation areas for future housing Local Character of Centres	· Principles for the location of additional housing could note whether transition areas/interface areas will be within centre investigation areas (400m/800m radius) · Include consideration of future character as well as existing character.	The LSPS has been amended to confirm that the housing strategy will provide the evidence to identify appropriate locations for transition/interface areas. The LSPS has been amended to outline that the Local Character Study will include consideration of desired future character of some areas, such as the Local Centres, and how these may change over time, including identification of characteristics to be retained or enhanced.
Local Character	Action could be reworded to emphasise working/ collaborating with DPIE on local character	The LSPS will be amended to identify the need to work in collaboration with DPIE on the local character study.
SAN Hospital – Health and Education Precinct	Suggest that Council liaise with precinct stakeholders and relevant agencies to understand the role of hospital and potential to deliver Action 29 of North District Plan, which includes facilitating high levels of accessibility	An additional Action will be included which outlines that Council will liaise with the stakeholders within the precinct to understand the role and potential for jobs growth.

Finalisation of LSPS

Following the GSC’s letter of support, the making of the Ku-ring-gai LSPS is required to be finalised by 31 March 2020.

Once finalised, the Local Strategic Planning Statement must be reviewed at least every 7 years. It is proposed that Ku-ring-gai will undertake its first review of the LSPS in 2021, following the completion of key strategic studies, such as the housing strategy, employment lands study and retail / commercial centres study. It is then proposed to review the LSPS every 4 years to align the review period with Council’s overarching Community Strategic Plan and the Integrated Planning and Reporting Framework.

Risk Management

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

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

Financial Considerations

The cost of preparing the draft Ku-ring-gai LSPS is covered by the Urban Heritage – Strategy & Environment budget. There are several studies being commissioned to support the LSPS and future LEP amendments, which have also been allocated funding under the Urban Planning – Strategy and Environment budget.

Given the long term timeframe of the LSPS (20 years), several of the local planning priorities have actions which identify additional strategies and plans to be prepared to support the delivery and implementation of the LSPS. These additional strategies and plans have been identified and programmed where possible to be consistent with the timing identified within Council Community Strategic Plan, Delivery Plan and Operational Plan, and the associated Resourcing Strategy.

The following projects identified within the LSPS are currently unfunded:

Projects	draft LSPS	Timing (FY)
Local Centre Site Specific DCPs	short-medium	2022
Local Character Study	short	2021
Open Space Sport And Recreation Study	short	2021
Green Grid Strategy	medium	2022-2023
Complete Creative Arts Strategy	short	2021
Urban Forest Strategy	short	2021
St Ives Showground Master Plan	short	2021

Social Considerations

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

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

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

· provision of open space and recreation facilities; and

· protection of heritage.

Environmental Considerations

The draft Ku-ring-gai LSPS specifically addresses environmental considerations for the future planning of Ku-ring-gai under the ‘sustainability’ theme, including:

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

· increasing urban tree canopy;

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

· reducing greenhouse gas emissions; and

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

Community Consultation

Schedule 1 of the Environmental Planning and Assessment Act 1979 outlines that draft Local strategic planning statements are to be placed on public exhibition for a minimum of 28 days.

The draft Ku-ring-gai Local Strategic Planning Statement was placed on public exhibition for a period of 6 weeks, from 1 July 2019 to 12 August 2019.

The engagement and promotion undertaken for the public exhibition of the draft Ku-ring-gai Local Strategic Planning Statement included the following:

· Ad – North Shore Times Thursday 4 July 2019

· Media Releases (and published on news section of Councils website):

- 2 July – Public Exhibition commencement

- 15 July – Advertising community drop-in sessions at libraries

- 31 July – Advertising additional community drop-in sessions to be held

· E-news –8 July - E-news contained article advertising public exhibition of Draft LSPS. E-news is sent to 11,000 subscribers

· Email – 1 July 2019 – Email advertising commencement of public exhibition and drop-in sessions sent to 204 residents who had participated in the LSPS Survey undertaken for the preparation of the LSPS (phase 1) in April/May and who expressed interest in staying informed on project.

· Mayoral message in North Shore Times:

- Thursday 4 July

- Thursday 18 July

· Facebook posts:

- 3 July – public exhibition commencement

- 21 July – advertising community drop-in sessions

- 1 August – advertising additional community drop-in sessions

- 8 August – advertising closing date of exhibition and last chance to have say

· Community Drop-in sessions where residents can ask questions one-on-one with planning staff – total of 8 drop-in sessions:

- 4 x 2hr sessions:

§ 23 July at Gordon Library 4pm-6pm – 9 attended

§ 25 July at Turramurra Library 3pm-5pm – 5 attended

§ 29 July at St Ives Library 3pm-5pm – 10 attended

§ 31 July at Lindfield Library 3pm-5pm – 10 attended

- 4 x 1hr additional sessions:

§ 5 August at St Ives Library 4-5pm – 0 attended

§ 6 August at Gordon Library 6-7pm – 6 attended

§ 7 August at Lindfield Library 4-5pm – 1 attended

§ 8 August at Turramurra Library 4-5pm – 0 attended

· Web banner – across top of Council website homepage advertising LSPS public exhibition.

· Posters – in libraries and customer service advertising community drop-in sessions.

· Printed brochure – overview on LSPS and includes details on community drop-in sessions – available at Customer Service, all libraries and at drop-in sessions.

· FAQ document – available at Customer Service, all libraries and at drop-in sessions.

· Community survey – available online and hard copies available at Customer Service, all libraries and at drop in sessions.

· “Have my say” – public exhibition page on Council website containing:

- draft LSPS;

- supporting Information including brochure information sheet, How to Read this Statement and FAQs;

- link to online survey; and

- details of community drop-in sessions provided.

· Hard copy of Draft LSPS and supporting information provided at Customer Service and all libraries.

· Planning staff available to take community phone call enquires during ordinary business hours.

Further Community Consultation – Studies and Strategies

Over the next 12 months further detailed community consultation and engagement will also take place as part of the housing strategy, and other key strategies and plans identified within the LSPS.

Internal Consultation

The preparation of the draft Ku-ring-gai LSPS involved input and guidance from numerous specialist areas within Council, including urban planning, traffic, natural areas, corporate planning, community engagement, environment and sustainability and finance.

Throughout the preparation of the draft Ku-ring-gai LSPS a number of Councillor briefings were held (26 September 2018, Councillor Workshop February 2019, 16 April 2019 and 21 May 2019) to keep Councillors informed.

Summary

The draft Ku-ring-gai Local Strategic Planning Statement was placed on public exhibition for a period of 6 weeks, from 1 July to 12 August 2019.

A total of 78 of written submissions were received and a total of 65 of local planning priority surveys were completed.

A number of amendments are proposed to the draft Ku-ring-gai LSPS in order to correct minor errors, as well as revisions resulting from matters raised during public exhibition from state agencies and the community, and feedback from the Greater Sydney Commission.

The draft LSPS is required to be submitted to the Greater Sydney Commission for an assurance process, and the Greater Sydney Commission must advise Council that it supports the draft Ku-ring-gai LSPS as being consistent with the Greater Sydney Region Plan and North District Plan prior to the finalisation of the draft LSPS. The LSPS is required to be finalised by 31 March 2020.

Recommendation:

A. That amendments to the draft Ku-ring-gai Local Strategic Planning Statement be made in accordance with Attachment A4 of this report.

B. That Council endorses the draft Ku-ring-gai Local Strategic Planning Statement (as amended) for referral to the Greater Sydney Commission for the purpose of assurance.

C. That Following receipt of a ‘letter of support’ from the Greater Sydney Commission’s LSPS Assurance Panel, the final Ku-ring-gai Local Strategic Planning Statement be reported back to Council for finalisation.

D. That delegation be given to the General Manager and Director Strategy and Environment to correct any inconsistencies or errors in local strategic planning statement prior to submission for assurance.

Alexandra Plumb

Urban Planner

Craige Wyse

Team Leader Urban Planning

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Submission Summary Table		2019/332495
	A2 ⇩	State Agency Submission Summary Table - LSPS		2019/331647
	A3 ⇩	Community Engagement Phase 2 Summary Report		2019/320285
	A4 ⇩	Table of Amendments to the draft Ku-ring-gai LSPS		2019/332868
	A5 ⇨	LSPS Revised Draft for Council Endorsement	Excluded	2019/334134
	A6 ⇩	Letter GSC - Phase 3 Assurance Finalising LSPS and Attachment A Dates		2019/243783
	A7 ⇩	Letter and Meeting Minutes - Greater Sydney Commission - Technical Health Check 17 October 2019		2019/333186

Ordinary Meeting of Council - 19 November 2019	GB.14 / 439

Item GB.14	S06785/3
	1 October 2019

Update Report on the Development Contributions System

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to provide Council with an update of key activities and highlights in the development contributions system and the anticipated actions and highlights in the near future.

background:	Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer services, financial management, project management and the delivery of community assets. In this context, ‘development contributions’ means all aspects of the development contributions system under Part 7 Infrastructure Contributions and Finance, of the Environmental Planning and Assessment Act, 1979.

comments:	This report focuses on key highlights of the development contributions system. More technical detail on particular key projects and financial management can be found in the quarterly and annual financial reports and annual delivery programmes as well as project-specific reports for significant items of community infrastructure, especially the hub projects, which combine most categories of contributions as well as other funding sources towards the delivery of these major projects.

recommendation:	That the information in the report be received and noted and the contributions plans and policies be scheduled for updating concurrent with the broader strategic planning framework.

Purpose of Report

The purpose of this report is to provide Council with an update of key activities and highlights in the development contributions system and the anticipated actions and highlights in the near future.

Background

Contributions Update Reports provide more information on current topical aspects of the policy, funding and works programmes covered by Council’s Contributions Plans. These are strategic planning documents that are governed by Part 7 of the Environmental Planning and Assessment Act 1979.

This report focuses on the progress or achievement of two key works, wholly or partly funded by development contributions. It is not intended to be a replacement for comprehensive project or financial reporting.

Comments

Rolling Works Programme Delivery

Hanson Way, Gordon

Hanson Way is the new name of the road link between Dumaresq Street and Moree Street in Gordon. Along with the diagonally opposite Beans Farm Road (which was delivered in 2015) the two roads facilitate vehicular and pedestrian movements around the Gordon local centre, breaking up the long blocks between the Pacific Highway and Vale Street.

Beans Farm Road was delivered by Council after negotiations with the adjoining development for a Planning Agreement stalled in the period between the 2010 and 2012 Local Environmental Plans. Hanson Way, however, was delivered under two Planning Agreements with the respective adjoining developments.

Above: The Dumaresq Street section was completed in December 2018 (looking south 11/12/2018)

Above: The Moree Street section completed the link in July 2019 (looking north 22/07/2019)

The name of Hanson Way was the subject of community consultation and submitted to the Geographical Names Board for approval. Council resolved to formally adopt the name at the OMC of 20 August 2019.

Allan Avenue Park, Turramurra (working title)

Allan Avenue Park (sometimes called Allan Avenue Reserve) is the working title for the new park on the corner of Allan Avenue and Duff Street on the western side of the Turramurra Local Centre.

Ku-ring-gai Council progressively acquired four adjoining properties to form a combined area of approximately 2,700 square metres.

The first three properties were acquired over a two year period from 2008 to 2010: 23 Duff Street was acquired in September 2008; 25 Duff Street was acquired in June 2010; 1 Allen Avenue was acquired in September 2010. The final property, 27 Duff Street, was acquired in October 2015. The process highlights the progressive nature of the acquisition and consolidation of adjoining properties to deliver a park of a functional size supporting several activities.

Construction on the park is actively progressing with final delivery being expected early in 2020 (weather and any other unforeseen events permitting).

Above: Works progress as of September 2019

Above: Concept Plan for Allan Avenue Park

These properties were the latest acquisitions of those targeted under the 2007 Open Space Acquisition Strategy to be finalised to date. Council is currently investigating opportunities for additional new parks in St Ives and Roseville which have not yet had a substantial new park delivered following the active redevelopment of new units in both suburbs. St Ives has received the small playground of Lapwing Reserve however a larger active space is very much needed.

The Open Space Acquisition Strategy is also currently being revised to support a future acquisition and delivery programme as part of the strategic planning works being undertaken for the Greater Sydney Commission. This revision will be duly reported to Council in due course.

Current Strategic Planning Programme

Greater Sydney Commission

Council staff are currently preparing a suite of documents under the guidance of the Greater Sydney Commission of which the first has been the exhibition of the Draft Local Strategic Planning Statements. Staff are now consulting on the preparation of a draft Housing Strategy.

Part of this strategic planning focus will include the review, during the course of 2020, of Ku-ring-gai Contributions Plan 2010. This plan is the main contributions plan, formally a s94 contributions plan, now called a s7.11 contributions plan following the renumbering and restructuring of the Environmental Planning and Assessment Act, 1979. Ku-ring-gai also has another contributions plan which is a percentage levy plan, formally under s94A and now under s7.12. That plan is called the Ku-ring-gai s94A Contributions Plan 2015. That plan, being a more straightforward document in a technical context, will be revised early in 2020.

integrated planning and reporting

Theme One: Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C1.1 An equitable and inclusion community that cares and provides for its members.

Our community facilities are accessible and function as cultural hubs to attract a range of users

C6.1.1.1.1-C6.1.1.1.3 New community facilities under design and planned delivery for Lindfield Local Centre and Turramurra Local Centre

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

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

C4.1.2.1.1; C4.1.2.1.2; and

C4.1.2.1.3

Balcombe Park, Greengate Park, Charles Bean Sportsfield & Community centre, Cameron Park & Lapwing Reserve delivered. Allan Avenue Park under design & community consultation.

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

P1.1.1.1.2

Lindfield and Turramurra Masterplanning is well-advanced.

P6.1 Recreation, sporting and

leisure facilities are available to meet the community’s diverse and changing needs

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

C4.1.2.1.2-3;

Allan Avenue Park in Turramurra is the next park to be in the design and public consultation phase.

P7. Multipurpose community

buildings and facilities are available to meet the community’s diverse and changing needs

Standards are developed to

improve the condition and functionality of existing and new assets

C6.1.2.1.2

New community facilities including new library facilities and multi-purpose community facilities will be delivered in Lindfield & Turramurra.

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

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

C6.1.2.1.2; C4.1.2.1.3

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

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T3.1 An accessible public

transport and regional road network that meets the diverse and changing needs of the community

A strategic access, traffic

and transport plan is being implemented for the Northern Sydney Region

C6.1.2.1.1; T 1.1.3.1.1

Commuter car parking integrated into major projects and new link roads.

Theme Six: Leadership and Governance

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1 A shared long term vision

for Ku-ring-gai underpins strategic collaboration, policy development and community engagement

Council’s responses to government policy and reforms are guided by and aligned with the adopted Community Strategic Plan 2030 “Our Community – Our

Future”

L1.1.2.1.1 and L1.1.2.1.2

Ku-ring-gai responds to requests for comment by the Department of Planning and the Greater Sydney Commission.

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 in Lindfield & Turramurra.

Governance Matters

Regular reporting

The need to give members of Council and the community more information on the progress and activity in the development contributions systems was identified as part of the Delivery Program and the Operational Plans. More detailed reports relating to specific projects are separately provided to Council. Development Contributions reporting is also incorporated into regular financial reporting to Council.

Risk Management

A rolling works programme

The works programme arising out of Ku-ring-gai Contributions Plan 2010 through to at least 2031 is a multi-million dollar undertaking. Infrastructure delivery will be possible only through the receipt of contributions which will be affected by several economic cycles over the life of the contributions plan. The risks in taking such a strategic horizon are intended to be managed through regular reviews of the contributions plan, generally after the release of data from each five-yearly census or, potentially, more frequently, if the pace or scale of development is definitely changed by any statutory process or economic cycle. However the current review is delayed until information from the Greater Sydney Commission is available to inform the review. The rate and scale of development is monitored by Council staff. Sydney Water figures for delivered dwelling yield are also referenced.

Proposed reforms to the Planning Legislation that governs development contributions

The Environmental Planning and Assessment Act 1979 has recently undergone an amendment, including substantial renumbering. Direct development contributions, such as those under Ku‑ring-gai Contributions Plan 2010, were formally known as s94 contributions and are now known as s7.11 contributions. Indirect contributions under s94A are now known as s7.12 contributions and continue to be levied under Ku-ring-gai s94A Contributions Plan 2015. Both plans are under review concurrent with related strategic planning work.

Financial Considerations

Council maintains a dynamic Long Term Financial Plan (LTFP). The works program of Ku-ring-gai Contributions Plan 2010 was integrated into the LTFP from the start of 2011 and adopted by Council on 3 May 2011. Since that date, it has been updated and reported to Council annually to ensure its currency.

Staff from both the Finance Unit and the Urban Planning & Heritage Unit monitor both income and development growth respectively and liaise to maintain a deliverable works programme. The scheduling of works through to the long term should be considered somewhat fluid depending on strategic opportunities that might arise from time-to-time and the management of cash flows during the economic cycle.

In this context, the Ku-ring-gai Contributions Plan 2010 comprises a large range of works from small-scale parkland embellishments to major community infrastructure. This range facilitates considerable flexibility in managing a financially deliverable work programme over time, while retaining adequate balances to support the contributions component of the complex delivery of major integrated community facilities and public domain works. These works include the Lindfield Village Green, the Lindfield Community Hub and the Turramurra Community Hub.

Contributions are also being received under Ku-ring-gai s94A Contributions Plan 2015. The receipting for these contributions is also fully integrated into the mainframe Property and Rating system and the financial management systems.

Ku-ring-gai Council’s Finance staff continue to refine the cash-flow management of development contributions to support and facilitate the infrastructure delivery programmes over the life of both contributions plans.

Social Considerations

The Ku-ring-gai Local Government Area has been going through a period of change which commenced around 2004. This is bringing about population growth and demographic change following a period of declining and stable population from the 1980s.

Infrastructure is essential to support and encourage the integration of the new residents in Ku‑ring-gai, both among residents of the new dwellings being built and those moving into larger existing housing vacated by the members of Ku‑ring-gai’s older population who have ‘downsized’ into smaller local accommodation.

The provision of additional community infrastructure providing both outdoor and indoor community spaces and improved accessibility will continue to support this process and help Ku‑ring-gai continue to be a vibrant and popular place to live for all ages.

Ku-ring-gai Council continues to prioritise the delivery of community infrastructure in areas of high development activity and in accessible locations for the majority of residents as well as local businesses and their employees.

The 2016 census was held on Tuesday, 9 August 2016. There has been significant change in Ku‑ring-gai since the 2011 census with the construction of many more medium-to-high density units. Census data is currently being analysed to support the preparation of the Ku-ring-gai Housing Strategy and the revision of the Contributions Plans.

Environmental Considerations

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

Community Consultation

Extensive community consultation is part of the delivery aspect of all key items of infrastructure including new parks and community facilities.

Early in 2016, Ku-ring-gai revamped the webpages that relate to the development contributions system including highlighting the rolling infrastructure delivery programme. Major items of infrastructure are highlighted with links to the specific progress pages presented online for community information.

Internal Consultation

The management of the development contributions system is a truly whole-of-Council system from policy development, to contributions calculation, through inflation and receipting to infrastructure development. All aspects of the contributions system are co-ordinated across Council with input from all areas with a direct interest in an aspect of the system on an on-going basis.

Summary

This report summarises Ku-ring-gai’s recent achievements in infrastructure delivery funded, or partly funded, by development contributions across the LGA.

It should be remembered that this is a summary outline report. Much more extensive technical and financial detail is reported quarterly as part of Council’s Long Term Financial Plan, in Council’s annual budget and delivery programmes and, in the case of major items of infrastructure, such as Lindfield Community Hub, Lindfield Village Green and the Turramurra Community Hub Project and major new parks, these are also subject to separate, more detailed, project reporting on a regular basis.

Recommendation:

That the Development Contributions Update Report - November 2019 be received and noted.

Kate Paterson

Infrastructure Coordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 19 November 2019	GB.15 / 449

Item GB.15	S09069/9

Submissions on the Single-use Plastic and Sustainable Event Management Policies

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the exhibited Single-use Plastic Policy and Sustainable Event Management Policy, with no amendments.

background:	To ensure that any potential negative impacts of events in Ku-ring-gai are eliminated or minimised and that the desired positive impacts arising from events are realised, a review has been undertaken of Council’s Sustainable Event Management Policy, which provides a framework for the integration of sustainability principles and practices into the planning, management, delivery and evaluation of events held in the Ku-ring-gai Local Government Area (LGA). In response to strong community concern and due to the significant evidence: (i) that plastic pollution is a major cause of global environmental degradation and species decline; (ii) that the pollution and greenhouse gas emissions from plastics place an inequitable burden on future generations; (iii) that the production of plastics relies on non-renewable resources; and (iv) that plastic pollution persists in the environment and has detrimental effects on human health, a Single-use Plastic Policy has also been developed.

comments:	The draft Sustainable Event Management Policy and draft Single-use Plastic Policy were placed on public exhibition from Thursday, 19 September 2019 to Friday, 18 October 2019. Copies of the documents were made available on Council’s website, at Council Chambers and at Council’s four (4) libraries. The public exhibition period was promoted through Council’s social media platforms, including Facebook and Twitter; online e-news communications; and local news media.

recommendation:	A. That Council adopts the exhibited Single-use Plastic Policy and Sustainable Event Management Policy, with no amendments. B. That the adopted Single-use Plastic Policy and Sustainable Event Management Policy are placed on Council’s website. C. That Council acknowledges the formal submissions made and responds to the authors with the outcomes.

Purpose of Report

For Council to adopt the exhibited Single-use Plastic Policy and Sustainable Event Management Policy, with no amendments.

Background

To ensure that any potential negative impacts of events are eliminated or minimised and that the desired positive impacts arising from events are realised, at its Ordinary Meeting of Council on 29 April 2014 Council endorsed a Sustainable Event Management Policy, which provides a framework for the integration of sustainability principles and practices into the planning, management, delivery and evaluation of events held in the Ku-ring-gai Local Government Area (LGA). This Policy is due for review and has been updated accordingly (Attachment A1).

In response to strong community concern and due to the significant evidence: (i) that plastic pollution is a major cause of global environmental degradation and species decline; (ii) that the pollution and greenhouse gas emissions from plastics place an inequitable burden on future generations; (iii) that the production of plastics relies on non-renewable resources; and (iv) that plastic pollution persists in the environment and has detrimental effects on human health, a Single-use Plastic Policy has also been developed (Attachment A2).

At its Ordinary Meeting of Council on 17 September 2019 the draft Sustainable Event Management Policy and draft Single-use Plastic Policy was endorsed for public exhibition.

Comments

The draft Sustainable Event Management Policy and draft Single-use Plastic Policy were placed on public exhibition from Thursday, 19 September 2019 to Friday, 18 October 2019. Copies of the documents were made available on Council’s website, at Council Chambers and at Council’s four (4) libraries. The public exhibition period was promoted through Council’s social media platforms, including Facebook and Twitter; online e-news communications; and local news media.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Sustainability is integrated into Council’s business framework.

Review and implement policies, strategies and plans to advance sustainability and environmental management.

Governance Matters

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

In relation to the Sustainable Event Management Policy:

For major events run by Council, an Event and Sustainability Risk Management Plan (ESRMP) must be submitted and approved, through the event booking process. The ESRMP must demonstrate that any mandatory requirements will be implemented and that other sustainability aspects have been considered and incorporated, where possible. The following supporting resources will be provided to ensure that the requirements of the ESRMP are met:

· Sustainable Event Stallholder Guidelines

· Sustainable Catering Products for Council Events

· Sustainable Caterers Guide

For major events run by external organisers, a Sustainable Events Management Plan (SEMP) must be submitted and approved, through Council’s event booking or seasonal booking process. The SEMP must demonstrate that any mandatory requirements will be implemented and that other sustainability aspects have been considered and incorporated, where possible. The following supporting resources will be provided to ensure that the requirements of the SEMP are met:

· Special Event Guidelines

· Sustainable Event Stallholder Guidelines

· How to Run a Sustainable Event Guide

For minor Council events, a Sustainable Events Checklist (SEC) must be submitted and approved as part of the event organising process. The SEC must demonstrate that any mandatory requirements will be implemented and that other sustainability aspects have been considered and incorporated, where possible. For the delivery of a series of events of a similar nature the annual submission and approval of a SEC is all that is required. The following supporting resources will be provided to ensure that the requirements of the SEC are met:

· Sustainable Catering Products for Council Events

· Sustainable Caterers Guide

For minor events run by external organisers, the following supporting resource will be provided to assist event organisers in organising a sustainable event, as part of Council’s event booking process.

· How to Run a Sustainable Event Guide

For internal Council events, a Sustainable Events Checklist (SEC) will be available to all Council staff and Council’s Environment and Sustainability team will be an available resource for any support needed by internal event organisers to fulfil the requirements of the SEC. The following supporting resources will be provided to ensure that the requirements of the SEC are met:

· Sustainable Catering Products for Council Events

· Sustainable Caterers Guide

The Single-use Plastic Policy will be supported by a Single-use Plastic Reduction Implementation Plan.

Risk Management

The implementation of these policies will reduce the environmental and health risks associated with plastic pollution and unsustainable event management.

Council faces a reputational risk should it fail to meet the requirements of these policies and a risk also exists that alternative goods and services are available within the transition period to enable the objectives of these policies to be met. The staff and financial resources that will be dedicated to the implementation of these policies by the Environment and Sustainability section and the transition period conditions address these risks.

Financial Considerations

The financial implications of the implementation of these policies will not be significant and are largely related to the potential cost increases from procuring more sustainable goods and services. Cost competitiveness will be sought, however, through the procurement process.

Social Considerations

Through the Sustainable Event Management Policy, Council is committed to ensuring that the planning, management, delivery and evaluation of events:

· is inclusive of the broader community and contributes to the diversity and cohesiveness of the Ku-ring-gai community;

· respects and publicly acknowledges indigenous heritage and traditions; and

· applies sustainable and ethical purchasing principles for the procurement of goods and services for events.

Through the Single-use Plastic Policy, Council aims to reduce the health risks associated with plastic pollution.

Environmental Considerations

Through the Sustainable Event Management Policy, Council is committed to ensuring that the planning, management, delivery and evaluation of events:

· minimises impacts on the environment, including biodiversity and natural resources;

· implements efficiency measures to minimise energy and water consumption and greenhouse gas emissions;

· implements waste avoidance and minimisation strategies and maximises resource recovery for events; and

· encourages the use of sustainable transport to and from events.

Through the Single-use Plastic Policy, Council aims to reduce the environmental risks associated with plastic production, consumption and pollution.

Community Consultation

Three written submissions were received on the Single-use Plastic Policy and no submissions were received on the Sustainable Event Management Policy as a result of the exhibition period. The matters identified along with the responses are summarised in the following table.

Single-use Plastic Policy
Submission	Submission details
1. Individual	Support for the policy, stating: “Congratulations on taking a leadership position! As a local small business owner and resident I support your policy. We need to do all we can. We can adapt and change, for the sake of this and future generations”.
Response: Support for policy noted
2. Individual	Support for the policy, stating: “I’m very pleased to see the Council looking to implement this policy. I think a 2 year transition period is more than sufficient for people to make the required changes. Publicising this policy will be very important not just for information for those affected but also so that other council areas and people from out of area can see that Ku-ring-gai are taking this matter seriously. Thank you for your work on this”.
Response: Support for policy noted
3. Individual	Support for the policy, stating: “Congratulations to Council on making single-use plastic a policy issue and taking positive steps for its elimination/reduction in Ku-ring-gai”. Additional comments on objectives 2 and 3 of the Policy are summarised below: 1. Council can play an important advocacy role in influencing (i) NSW single-use plastic legislation and (ii) plastic-producers and retailers to fund schemes to reuse, recycle and/or dispose of plastic sustainably 2. Council could consider how the general waste bin can be restricted so that less ends up in landfill and to facilitate more recycling (especially soft plastic recycling) 3. Council’s aim should be to create a circular economy in plastic through the use of new technologies 4. Council could do more to educate the community on single-use plastics through: a separate web page; an information sheet on plastics posted out to householders; the promotion of alternatives to single-use plastics; the promotion of initiatives like ‘Plastic Free July and “Sick of Plastic’ 5. Council could assist businesses with plans/strategies for shops, malls, food outlets (takeaways and food courts) and businesses to reduce and gradually eliminate single-use plastics and instigate local awards for businesses, strata-living communities and residents who are employing sustainable practices in eliminating single-use plastic.
Response: Support for policy noted. 1. As part of the implementation of the Single-use Plastic Policy, Council will utilise appropriate opportunities to advocate for NSW legislative / policy change. One such opportunity exists with the upcoming discussion paper on tackling all types of plastic waste due to be released by the NSW Government by the end of the year. 2. Whilst Council does not have regulatory powers to restrict what goes into the waste bins other than dangerous goods, we encourage waste avoidance and recycling (including soft-plastics recycling) through our community education programs (see point 4 below). 3. As part of its Waste Management Strategy, Council will look for opportunities to contribute to a circular economy, aimed at eliminating plastic waste and the continual use of plastic resources, as potential markets emerge and there is greater demand for plastic materials. For example, Council has recently upgraded two carparks with recycled plastic content. 4. Council educates the community on single-use plastics through a range of mechanisms, namely: its Sustainable Living webpages http://www.kmc.nsw.gov.au/Current_projects_priorities/Key_priorities/Environment_sustainability/Sustainable_Living (which includes information on alternatives to single-use plastics); social media posts; community educational events and workshops; and an annual Plastic Free July campaign. 5. As part of Council’s Better Business Partnership (BBP) program, local Ku-ring-gai businesses receive specialised advice on reducing and gradually eliminate single-use plastics, specifically through the Bye Bye Plastic program https://byebyeplastic.org.au/. The BBP program also hosts the BBP awards, which celebrates the success of businesses that are part of the program, every 18 months.

Internal Consultation

The revision of the Sustainable Event Management Policy and Single-use Plastic Policy involved extensive consultation, through workshops and one-on-one consultations, with staff and managers from across Council.

Summary

To ensure that any potential negative impacts of events in Ku-ring-gai are eliminated or minimised and that the desired positive impacts arising from events are realised, a review has been undertaken of Council’s Sustainable Event Management Policy (Attachment A1) which provides a framework for the integration of sustainability principles and practices into the planning, management, delivery and evaluation of events held in the Ku-ring-gai Local Government Area (LGA).

Recommendation:

A. That Council adopt the exhibited Single-use Plastic Policy and Sustainable Event Management Policy, with no amendments.

B. That the adopted Single-use Plastic Policy and Sustainable Event Management Policy are placed on Council’s website.

C. That Council acknowledges the formal submissions made and responds to the authors with the outcomes.

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Sustainable Event Management Policy - Exhibited Draft		2019/252959
	A2 ⇩	Single-Use Plastic Policy - Exhibited Draft		2019/252940

Ordinary Meeting of Council - 19 November 2019	GB.16 / 473

Item GB.16	S04471

Baseball/softball batting cage proposal at Sir David Martin Reserve (Auluba 3), South Turramurra

EXECUTIVE SUMMARY

purpose of report:	To update Council following community consultation on the Kissing Point Baseball Club’s (KPBC) proposal to include a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra.

background:	At the Ordinary Meeting of Council on 20 August 2019, Council provided approval to undertake community consultation for the inclusion of a baseball/softball batting cage at Auluba 3, South Turramurra.

comments:	The Kissing Point Baseball Club has secured funding of $50,000 from the Community Building Partnership Program to contribute towards the delivery of a new batting cage at Auluba 3. The proposed new structure has not been considered under the current masterplan and will require community consultation and subsequent endorsement by Council.

recommendation:	That Council approves the installation of a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra.

Purpose of Report

Background

The Sir David Martin Reserve Landscape Masterplan which encompasses Auluba 1, 2 and 3 sports fields was adopted in November 2007 (Attachment A1). Consistent with this plan, a baseball/ softball batting cage was constructed in 2010 adjacent to the cricket nets at Auluba 1 and 2.

In recent years, KPBC has been motivated to include a batting cage adjacent to the fence at the south-west end of Auluba 3 (Attachment A2). The existing batting cage at Auluba 1 and 2 is not able to cater to all age groups due to its size and it also creates a safety issue with young children having to walk through bush and out of sight from Auluba 3. Constructing a batting cage at Auluba 3 would enable players to centralise their training activities and utilise it during games to warm up before batting.

A new batting machine to be included with the proposed batting cage was recently donated to KPBC. KPBC believe that the batting machine, which is a training aid for baseball/softball players of all ages, will draw representative teams to Auluba 3 and promote the game of baseball to juniors in Ku-ring-gai.

At the Ordinary Meeting of Council on 20 August 2019, Council provided approval to undertake community consultation for the inclusion of a baseball/softball batting cage at Auluba 3, South Turramurra.

Comments

With Council’s consent, KPBC was successful in securing $50,000 from the Community Building Partnership Program 2018 to contribute towards the delivery of the new batting cage at Auluba 3.

The proposed new structure has not been considered under the current masterplan and will require community consultation and subsequent endorsement by Council.

As the proposed new structure at Auluba 3 has not been considered under the current masterplan, Council requested comment from the local community via public exhibition. The results from the public exhibition period have been provided under Community Consultation.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

Risk Management

If the project is not able to proceed:

· Council and KPBC are at risk of losing the funding opportunity of $50,000 (Community Building Partnership Program);

· Council is at risk of losing the club’s contributing funds of $30,000 towards the batting cage; and

· The training needs for KPBC and the sport will not be enhanced to meet the growing demand.

Financial Considerations

KPBC has secured funding of $50,000 from the Community Building Partnership Program to contribute towards the delivery of a new batting cage at Auluba 3, South Turramurra. The project completion deadline set by program guidelines is 31 March 2020. KPBC has also advised that the Club has been able to save and fundraise an additional $30,000 to contribute towards the project.

Social Considerations

The provision of a batting cage at Auluba 3 will enable better utilisation of facilities by KPBC and will contribute towards the growth of the sport in Ku-ring-gai.

The vision of the existing Landscape Master Plan aims to minimise the proliferation of sports structures within the broader park areas. The proposed location of the batting cage has been chosen in consideration of this as it closely aligns to the perimeter fence and does not intrude the field nor will it impact formal or informal recreation and sporting activities.

Environmental Considerations

Under the Environmental Planning and Assessment Act 1979 (EPA Act), Council has a responsibility to consider the likely environmental impact of any proposed activity. When considering the baseball/softball batting cage at Auluba 3, Council must identify all potential impacts of that activity and consider the scale and significance of any such impacts, to determine whether the proposal should precede, be modified, reviewed or not undertaken at all.

According to the EPA Act, exempt development may be carried out under certain circumstances if the development is of ‘minimal environmental impact’.

Community Consultation

The preparation of the Landscape Masterplan involved an extensive and thorough consultation process, including a community workshop, two site meetings and interview and email responses.

Council acknowledges that this consultation process occurred in 2006. The proposed structure was not included in the adopted plan and additional consultation with the community was carried out between 9 September and 7 October 2019 (inclusive). Consultation included resident notification, information on Council’s website and notification in the local press.

Of the five (5) responses Council received from the public exhibition (Attachment A3), four (4) were in favour of the proposal to include a batting cage at Auluba 3 (80%), and one (1) was against the proposal. The solitary objection was more to do with decentralising sporting facilities from this area due to traffic and noise issues rather than objection to the batting cage itself.

The five (5) residents who provided a response have been notified that the report will be an agenda item at the Ordinary Meeting of Council on Tuesday, 19 November 2019.

Internal Consultation

This report has been prepared in consultation with the Strategy and Environment and Operations Departments.

Summary

The Kissing Point Baseball Club has secured funding of $50,000 from the Community Building Partnership Program to contribute towards the delivery of a new batting cage at Auluba 3.

The proposed new structure has not been considered under the current masterplan, however, Council has recently completed a public exhibition with the community which has largely supported the inclusion of a batting cage at Auluba 3.

The provision of a batting cage at Auluba 3 will enable better utilisation of facilities by KPBC and will contribute towards the growth of the sport in Ku-ring-gai.

Recommendation:

A. That Council approve the installation of a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra.

B. That residents who submitted a response during the public exhibition period be provided an update of the decision.

Guy Thomas

Strategic Recreation Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Sir David Martin Reserve Landscape Masterplan - adopted 13 November 2007	986043
	A2 ⇩	Kissing Point Baseball Club - Proposed Batting Cage Design	2019/224107
	A3 ⇩	Submission Summary - Batting Cage Proposal at Auluba 3	2019/327532

Ordinary Meeting of Council - 19 November 2019	GB.17 / 514

Item GB.17	S02617

Proposed synthetic surface at Rofe Park (Mimosa Sportsground), South Turramurra

EXECUTIVE SUMMARY

purpose of report:	The purpose of the report is to provide Council with feedback received from the community during the public exhibition period for the proposed synthetic surface at Rofe Park, also known as Mimosa Sportsground in South Turramurra.

background:	For the past two years, Council has investigated the prospect of converting Norman Griffiths Oval, West Pymble to a synthetic field as part of the capital works program. As the site is a flood detention basin, the project is not viable due to constraints and prohibitive costs associated with the conversion. At the Ordinary Meeting of Council on 9 April 2019, Council resolved to include Rofe Park in the capital works program (2018/2019 and 2019/2020) to progress the necessary stages of assessment, design, consultation and delivery.

comments:	The plan to install a synthetic surface field is part of a wider response by the Council to the increasing population and projected participation growth in local sports and the associated wear and tear on grass fields. The proposal was on public exhibition for comment from Wednesday, 7 August 2019 to Monday, 23 September 2019. 395 submissions were received. Overall, 206 were supportive of the proposal, 177 objected and 12 were noted as ‘other’ neither supporting nor objecting the proposal. The responses received have been addressed in the Community Consultation section of this report.

recommendation:	Council proceeds to design and construction of a synthetic surface at Rofe Park this financial year.

Purpose of Report

Background

Norman Griffiths Oval – Synthetic Field Investigation

Between November 2016 and October 2018, Jacobs Group (Australia) was engaged by Council to undertake a flood assessment for Norman Griffiths Oval in West Pymble. The oval currently serves as a flood detention basin on Quarry Creek, which is a part of the Lofberg Quarry Catchment. It was proposed to upgrade the existing oval from natural turf to a synthetic surface. As part of the upgrade, drainage works were required to achieve flood immunity of the oval up to the 2% Annual Exceedance Probability (AEP) flood event.

Two feasibility options were identified and assessed in this study to maintain existing flow conditions in Quarry Creek downstream of the oval. The first, the underground detention tank option, includes three options from two separate suppliers which vary in cost (approximately $1.1 to $1.7 million in 2017 dollars) and suitability, depending on the vehicular load expected for the oval.

The second, the split basin option, is a less expensive alternative (approximately $282,000) involving earthworks to construct a new detention basin and utilisation of a part of the existing basin storage to achieve flow mitigation. Due to the probative costs associated with the first option and in consultation with both internal staff and stakeholders, the selection of the split basin was the preferred option subject to environmental assessment.

Norman Griffiths Oval – Synthetic Field Design

Council initially prepared two concept plan options to Jacobs Group to ensure that the proposed split basin design met the flood immunity requirements. Both options were not able to achieve the flood immunity for the oval for 2% AEP. Option 1 with the basin configuration was highly preferred as it allowed for a full-sized soccer field, with reduced flood storage volume. The alternative option basin configuration required a reduced-size soccer field to achieve a larger flood storage volume.

Council staff, in conjunction with the Northern Suburbs Football Association (NSFA), considered the advice provided by Jacobs Group (Australia) along with factors including cost/available funding, desired space for the sports field, likely use (vehicular traffic) and environmental aspects, among other, in selection of a preferred concept.

Subsequent revision of the preferred concept plan was able to achieve a full-size field (100m x 70m) and the minimum basin volume levels to meet flood immunity for the oval for 2% AEP. Unfortunately, due to the site complexities it was determined that the project was simply not viable. Major site constraints such as the oval being a flood detention basin, limiting size or space to achieve flood immunity whilst maintaining a full size field, environmental factors and visual connectivity with the surrounding Bicentennial Park identified prohibitive costs to achieve the conversion.

In response to the lost opportunity of a synthetic field at Norman Griffiths Oval and the need to meet the community sporting demand within the immediate area, Council has investigated Rofe Park as an alternative site suitable for a synthetic surface.

Current usage at Rofe Park and Norman Griffiths Oval

In the winter season, both Rofe Park and Norman Griffiths Oval are utilised by NSFA for training and competition. West Pymble Football Club is the second largest club in Ku-ring-gai and place a heavy reliance on the use of each site (particularly Norman Griffiths Oval being their home venue for training and competition). As a result, Norman Griffiths Oval is in very poor condition and has progressively declined over the years from overuse and its sub-standard surface.

In the summer season, there are currently no requirements for training at Rofe Park. Competition occurs on Saturdays by Hornsby, Ku-ring-gai and Hills District Cricket Association (HKHDCA) and Sunday mornings by North Shore Junior Cricket Association. Norman Griffiths Oval is a dormant facility in the summer season with no turf or synthetic wicket available.

NSW Primary Schools Sport Association utilise both sites for weekly public school sport.

Opportunity for a synthetic field at Rofe Park

In light of the significant constraints and costs associated with the proposed synthetic conversion at Norman Griffiths Oval, Rofe Park presents as a suitable synthetic field alternative due to:

· the location (optimal position as it is high and dry for synthetic). This should also reflect positively with project costs with less complexities involved with the conversion;

· the close proximity to Norman Griffiths Oval (adequately accommodate the demand of sporting groups within the area);

· the full size field (100m x 70m) and capacity to include a synthetic field;

· the existing 100 lux floodlighting available;

· the car parking (off-street) available;

· the field is fully fenced;

· the field is not a designated dog off leash park; and

· the field is not currently irrigated with stormwater harvesting nor is it identified as a future water harvesting site due to its location.

Recommendations and community outcomes

Council realises true value and benefit to the club, association and broader community with the upgrade of Norman Griffiths Oval as a natural field and the proposed upgrade of Rofe Park as a synthetic field.

It has been confirmed by the grant providers that the external contributions intended for Norman Griffiths Oval can be transferred to largely fund the proposal at Rofe Park. In order to utilise the grant contributions in an appropriate timeframe and to ensure Norman Griffiths Oval is not placed under added pressure from extensive use once upgraded, it would be strongly recommended that the proposed works at Rofe Park were to take place first and once complete, commence works at Norman Griffiths Oval.

It would also be recommended that HKHDCA and NSJCA relocate from Rofe Park to Norman Griffiths Oval with the inclusion of a synthetic turf wicket. This will ensure the provision of cricket facilities in the local area remains the same and Rofe Park will not require wicket conversions. It will also allow multi-purpose usage at Rofe Park over the summer season.

Ordinary Meeting of Council – 9 April 2019

A report was prepared for the Ordinary Meeting of Council on 9 April 2019, proposing a synthetic surface to be established at Rofe Park with the following resolution:

· That Council approves the inclusion of Rofe Park (Mimosa Sportsground) in the capital works program (2018/2019 and 2019/2020) to progress the necessary stages of assessment, design, consultation and delivery. That the external funding of $928,765 is utilised towards this project.

· Council agrees to complete the capital works at Norman Griffiths Oval following the proposed works at Rofe Park.

· Council approves the transfer of any outstanding funds from the natural turf upgrade at Norman Griffiths Oval to contribute to the synthetic field conversion at Rofe Park pending the final costs for each project.

· Subject to community consultation, Council provides consent to relocate cricket formally played at Rofe Park to Norman Griffiths Oval.

Comments

The case for synthetics

Strategies for sports facilities have been prepared at a regional level and by each Council in the region. These studies found a shortage of sportsgrounds. Most grounds are overused in winter, and playing surfaces are sometimes poor, particularly in wet weather. To meet existing and projected demand more sports fields are required and/or existing fields must be developed with substantially increased usage capacity. Substantially increasing use can only be achieved by constructing synthetic turf surfaces.

As of 2016, the population of the north district was over 886,600, which is forecast to increase to 981,600 in 2026 and 1,082,800 in 2036, which represents a 22% increase. Demand for sports facilities is expected to increase significantly across the region.

It will particularly impact Ku-ring-gai, Hornsby and Ryde. Ku-ring-gai’s population as of 2016 was 123,500 with this set to increase 31,000 people by 2036 representing a 25% increase. These three Councils in particular will also have increased difficulty meeting demand generated by junior (12 – 17 year old) sports. Ku-ring-gai has a high 0 – 19 year old population with dependent children aged 0 – 14 years making up 20% of the population.

The implication for each Council is that greater pressure will be placed on a range of community facilities including sports fields. Given that all Councils are experiencing a shortage of sports fields, if the forecasts are accurate, the current shortfall is likely to increase.

Football, rugby union, rugby league, Australian football, cricket and hockey all support the development of synthetic turf sports fields. All sports report that adequate sports fields do not exist in the region to accommodate current demand for playing field space and time.

Northern Sydney Regional Organisation of Councils - Regional Sportsground Strategy

In December 2017, Northern Sydney Regional Organisation of Councils (NSROC) completed a Regional Sportsground Strategy. This study has quantified and reaffirmed the gap between demand and supply of sportsgrounds in the NSROC area. The future gap between demand and supply has been estimated in view of future population growth and potential increases in sportsground capacity.

Based on the models developed, there is a need to increase the current supply capacity by around 26% to 2026 (equivalent to 62Ha or playing space²) and 40% to 2036 (equivalent to 96Ha of playing space²).

One of the key actions recommended in the review is for each Council to identify initiatives to increase the capacity of sportsgrounds. Consideration for the installation of multi-purpose synthetic surfaces or special purpose surfaces at new or existing sites is vital to meeting the current and future demands within Ku-ring-gai.

The standard capacity benchmark for natural turf fields with floodlights is 25 to 30 hours per week whereas for synthetic fields it is 60 plus hours per week. Synthetic surfaces can increase the intensity of use and lessen pressure on the surrounding natural grass fields.

Meeting the Challenge

Whilst the region does not have adequate sports fields, it also does not have large greenfield areas for new sports fields. Consequently, increased use of existing sports fields needs to occur. A mix of strategies is required to increase the supply of sports fields such as:

· develop sports fields on greenfield sites;

· increase community use of existing natural turf, school sports fields;

· community access to synthetic sports fields at schools, including private schools;

· increasing the maintenance regime on natural turf sports fields will allow increased use for training and competitions;

· improving floodlighting to spread the load on natural turf surfaces; and

· convert natural turf to synthetic turf surfaces.

The main reasons for installing a synthetic sports field are:

1) Climatic: Under drought and water restrictions or excessive rain conditions, it can be difficult to provide a safe and suitable natural grass surface. Synthetic sports surfaces in general are not affected by the reduced or increased rainfall.

2) Use: There is a limit to the hours natural turf can be used before there is a significant impact on surface condition. A high quality turf surface may only be able to be used for up to 20 hours per week before it starts to deteriorate. Synthetic surfaces can sustain significantly higher use than natural grass with 60 hours plus per week as an acceptable expectation.

3) Maintenance: Synthetic surfaces require lower ongoing maintenance than a natural turf surface particularly when the amount of use (per head and hours of use) can be measured.

Life expectancy of a synthetic field is a minimum of 8 years with most synthetic fields being replaced at the 10 year mark with good maintenance practices. Natural turf fields receiving high usage over a 12 year period would be resurfaced 3 times.

4) Consistency and quality of play: Synthetic surfaces provide a consistent and safe surface all year round for all sports to play on, thus improving the quality of performance for each sport, when comparing to natural playing surfaces.

5) Health: By allowing play on the surface more often and under safer conditions, it enhances physical health and well-being of participants.

6) Mandated: some sports governing bodies insist that if a particular level of game is to be played, it has to be played on a particular level of synthetic surface (e.g. Federation of International Hockey with Hockey fields etc.).

In addition to these reasons, synthetic turf is often promoted as being a “green” alternative to natural grass. The main ecological benefits of synthetic turf that are promoted are:

· synthetic turf fields eliminate the use of irrigation, toxic fertilisers and chemicals which are absorbed into the soil on natural fields;

· synthetic turf systems today are 100% environmentally friendly and no carcinogens present in the manufacturing of the turf, pads or virgin infills;

· organic infills are also available on the synthetic turf market which are 100% sustainable and also reduce the overall heat of the turf system bringing it within five (5) degrees of natural turf; and

· synthetic turf systems have been tested and approved by the National Association of Testing Authorities, Australia to the Building Code of Australia fire rating criteria and have been installed in many indoor and outdoor facilities.

Given the existing deficiency in sports fields across the region, the projected population growth, and the potential increase in demand, it is unlikely that demand and supply will be in balance without the construction of more synthetic sports fields.

Planning issues and approaches

Substantial debate has occurred around the decision to install a synthetic sports field or retain/develop a natural turf field at Rofe Park. Two documents - The Decision Making Guide Natural Grass v Synthetic Turf produced by the Department of Sport and Recreation (WA) and the Synthetic Sports Surfaces Study prepared for the City of Ryde - includes background material which is summarised below:

1) When determining whether to install a synthetic surface, a suite of considerations must be addressed:

a. demand and capacity;

b. local climatic and environmental factors;

c. sport specific requirements;

d. environmental issues;

e. social impacts;

f. health impacts;

g. lifecycle costing;

h. asset management.

As each situation is unique, the decision will specifically relate to the individual site. A generic solution to all situations is not appropriate.

2) Synthetic sports fields have increased use capacity over natural turf fields. However, this increased use requires additional infrastructure and can negatively impact on the local community. Community concerns need to be taken into account in the development stage of a project to introduce synthetic surfaces to existing playing fields. In this regard, the Northbridge Oval Management Plan (Willoughby Council) is an example of working with the local community to both shape and manage expectations relating to increased usage of a site.

3) The “One Turf” program has produced a specification which suit most field sports – football, rugby union, rugby league, touch, Australian football and junior or lower grade hockey. Very few natural turf surfaces are capable of such a diverse range of sports.

4) Synthetic sports fields require maintenance at two levels. On a day to day basis they require sweeping and replenishing the infill. On a periodic basis high use areas may require replacement.

5) Establishing a synthetic sports field will impact on multiple stakeholders – local and regional sporting clubs and associations, other user groups, local residents, advocacy and lobby groups. It is imperative that all stakeholders, particularly residents, are engaged and protocols are established which minimise or eliminate negative impacts.

6) Constructing additional synthetic sports fields will satisfy some of the demand pressures. However, by constructing a large number within a short time frame does not provide the opportunity to assess the regional impact when a facility is opened. Currently, demand far outstrips supply of sports fields, therefore the few synthetic surfaces are extensively used, and generate substantial incomes. There is a risk that a point will be reached if too many synthetic surfaces are established, that revenue will be inadequate to cover operating and replacement costs. It may be prudent to build the synthetic sports fields already in the planning phase, and then individually and collectively evaluate these facilities from a usage, financial, environmental and community perspective.

Northern Sydney Regional Organisation of Councils – Provision of Synthetic Fields

15 synthetic sportsgrounds currently exist in the NSROC region with seven (7) sites proposed. The synthetic sportsground provision for the northern region is as follows;

Council	Current Synthetic Field(s)	Proposed Synthetic Field(s)	Total Synthetic Fields (Current and Proposed)
Hornsby	3 (x1 football; x2 hockey)	1 (identified in the Sportsground Strategy. Site to be confirmed)	4
Hunters Hill	0	0	0
Ku-ring-gai	2 (x2 football)	3 (x1 football at Rofe Park, x1 football and cricket at Warrimoo Oval and x1 hockey at Barra Brui Sportsground)	5
Lane Cove	1 (AFL and cricket)	0	1
Mosman	0	0	0
North Sydney	1 (football and rugby)	0	1
Ryde	4 (x1 hockey; x3 football)	2 (football at Westminster Park in 2021 and Meadowbank Park in 2023)	6
Willoughby	4 (football and cricket)	1 (full size football field at Willoughby Girls High School in 2021)	5
Total:	15	7	22

Limited options for the conversion of natural fields to synthetic in Ku-ring-gai

The aforementioned suite of considerations when determining whether to install a synthetic surface has been addressed to an extent across all sportsgrounds in Ku-ring-gai.

Of the 55 sportsgrounds within the LGA:

· 2 sportsgrounds (3.63%) are currently synthetic;

· 3 sportsgrounds (5.45%) are currently proposed for synthetic;

· 40 sportsgrounds (72.72%) are not viable and/or are not appropriate to convert to synthetic*;

· 10 sportsgrounds (18.18%) could be considered for synthetic in the future subject to approval, funding, environmental assessment and public consultation. Of these 10, 5 sportsgrounds (9.09%) are located within close proximity to an existing synthetic sportsground and 5 sportsgrounds (9.09%) are suitably located within the LGA.

* Of the 40 sportsgrounds that are not considered viable and/or appropriate to convert to synthetic, the major factors taken into consideration was that the provision of synthetic was not suitable or preferred at that site for a particular sport/user group, site constraints (flood prone), junior size field or turf wicket sportsgrounds.

Synthetic Field Options in Ku-ring-gai

One of the considerations when determining the suitability of a synthetic field at a particular site is its location within the LGA to ensure the provision of synthetic is able to accommodate sport demand within the localised area. Ku-ring-gai currently has two (2) synthetic sites at Charles Bean Sportsground, West Lindfield and North Turramurra Recreation Area, North Turramurra. The three (3) proposed sites for synthetic (Rofe Park, South Turramurra, Barra Brui Sportsground, St Ives and Warrimoo Oval, St Ives Chase) each have a strong sporting demand and are suitably located for usage from the localised population.

The five (5) additional sportsgrounds that could be considered for synthetic that are suitably located within the LGA are Alan Small Park in Killara, Sir David Martin Reserve (Auluba 1 and 2) in South Turramurra, George Christie Sportsground in Wahroonga, Howson Oval in South Turramurra and Kent Road Sportsground in Turramurra. Limitations do exist at a number of these sites such as no off-street parking available at Sir David Martin Reserve, no existing lighting at George Christie Sportsground or Kent Road Sportsground and Howson Oval has only recently received a $1 million upgrade.

The majority of Ku-ring-gai’s sportsgrounds are located within close proximity of residents and/or bushland. All potential synthetic sites are subject to environmental assessment and public consultation. Given that there has been a strong localised objection against a synthetic field at Rofe Park, it is not unreasonable to suggest that this localised objection could occur at other sites when a synthetic field is proposed. If the decision for a synthetic field at Rofe Park is not to proceed, this could challenge the endorsement of future synthetic fields within Ku-ring-gai. Given the existing deficiency in sports fields and the rising population and sport demands, this provision gap will only worsen if additional synthetic sports fields are not delivered.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

Risk Management

If the project is not able to proceed:

· Council, West Pymble Football Club and NSFA are at risk of losing the funding opportunities of $500,000 (Category 3 Office of Liquor and Gaming), $150,000 (NSW Asian Cup Legacy Fund), $26,340 (Local Sport Grant) and $20,000 (Stronger Communities Programme) – a total of $696,340;

· Council is at risk of losing the club’s contributing funds of $100,000;

· Council is at risk of losing the association’s contributing funds of $132,425;

· the future gap between sportsground demand and supply will not be enhanced in view of future population growth and potential increases in sportsground capacity; and

· future proposals to convert other sportsgrounds to a synthetic surface are at risk of not being supported due to localised objection.

Financial Considerations

Norman Griffiths Oval has been identified within 2016/2017 and 2017/2018 Capital Works Program and Operational Plan. The assigned budget is approximately $932,000 to contribute to the project. It is worth noting that the source of this budget is $481,500 from asset sales and $450,900 from Infrastructure and Facilities. Similar to other projects, asset sales have not been forthcoming so this will need to be taken into consideration with regard to the final scope and provision of funding.

An additional $928,765 has been contributed towards the Norman Griffiths Oval project as follows:

· West Pymble Football Club $100,000

· Northern Suburbs Football Association $132,425

· Category 3 Office of Liquor and Gaming $500,000

· NSW Asian Cup Legacy Fund $150,000

· Local Sport Program $26,340

· Stronger Communities Programme $20,000

· Total $928,765

=======

With approval, Council would utilise the assigned budget (approximately $932,000 pending asset sales contribution or other source) to complete a full upgrade of Norman Griffiths Oval and for it to remain a natural turf oval. The proposed works at Rofe Park is unfunded and therefore the external contribution of $928,765 would be utilised towards this project.

It would be requested that any outstanding funds from the natural turf upgrade at Norman Griffiths Oval be transferred to the synthetic field conversion at Rofe Park pending the final costs for each project.

Social Considerations

The provision of a synthetic surface at Rofe Park will provide increased social benefits for the community and enable better utilisation of facilities. Similarly, Norman Griffiths Oval is well overdue for a major upgrade and improvements to this facility will benefit the club, association and the local community.

The usage of sportsgrounds within Ku-ring-gai (including Rofe Park) is directed by the Sports Facilities Plan of Management (2015). In part, the plan aims to:

· minimise the impacts from activities associated with sports facilities upon residents and the environment; and

· maximise the active and passive recreational opportunities provided by the sports facilities network in Ku-ring-gai.

Working with the local community to both shape and manage expectations relating to increased usage of a site. Consideration towards the local residents and ongoing management with user groups will be required from Council to minimise any such impacts that may occur from usage.

Environmental Considerations

Under Part 5 of the Environmental Planning and Assessment Act 1979 (EPA Act), Council has a responsibility to consider the likely environmental impact of any proposed activity. When considering the synthetic proposal at Rofe Park, Council must identify all potential impacts of that activity and consider the scale and significance of any such impacts, to determine whether the proposal should precede, be modified, reviewed or not undertaken at all.

According to the EPA Act, exempt development may be carried out under Part 5 of the Act if the development is of ‘minimal environmental impact’.

To determine the ‘minimal environmental impact’ for the proposed synthetic field at Rofe Park, Council has completed a preliminary environmental assessment (Attachment A1). Based on the completed preliminary environmental assessment and knowledge of the project, the assessment has been adequately completed and the conclusion as to the likely environmental impact of the project is reasonable. Following finalisation of detailed plans and approval via a detailed environmental assessment the project can proceed, subject to the relevant control measures and conditions in any subsequent/required approvals, licences or permits and having regard to responses provided to Council where notification is required.

In addition, Council has discussed the proposal with the Biodiversity Conservation Trust (BCT). BCT’s main concern is that any proposal considers the biobanking area and, in particular, that Council identifies any indirect impacts the proposal could have on the adjacent area.

BCT have been advised that Council has undertaken a preliminary assessment which refers to some of the indirect impacts identified such as stormwater run-off, microclimate, material toxicity (rubber vs cork infill) and potential foraging impacts (e.g. birds). If the project is to proceed, BCT will be engaged as we enter into the design phase and detailed environmental assessment.

Community Consultation

The proposal to convert from a natural field to a synthetic field is the first of its kind for Ku-ring-gai. Council acknowledges that community engagement is a vital step in the planning process, particularly in identifying possible concerns or issues that may exist. Feedback in support or against can be taken into consideration of design should the proposal be adopted. This information can assist in reaching the best possible outcome for stakeholders and the community.

The proposal was on public exhibition for comment from Wednesday, 7 August 2019 to Monday, 23 September 2019 (48 days inclusive).

395 submissions were received. Overall, 206 were supportive of the proposal, 177 objected and 12 were noted as ‘other’ neither supporting nor objecting the proposal. In addition, a petition to challenge the proposal has been activated with a total of 1,258 signatures (as of 30 October 2019) and a petition to support the proposal with a total of 1,863 signatures (as of 30 October 2019).

Objection themes

The majority of objections were specific to Rofe Park rather than an objection to synthetic fields within the LGA. Many residents had a strong view that a synthetic field should not be considered at Rofe Park but would have no objection to another site such as Norman Griffiths Oval to be considered.

The main objections have been grouped under the following key themes:

1. Environmental

2. Health risk

3. Equitable use

4. Traffic and parking

5. Noise

6. Lighting

7. Economic

Theme 1 - Environmental

Of the 177 submissions that did not support the synthetic proposal at Rofe Park, the majority were primarily concerned that the synthetic field will have a negative impact on the surrounding environment, in particular with the neighbouring Biobanking/Biodiversity Stewardship site. The introduction of an artificial surface which is not biodegradable could pose as a risk to the surrounding landscape, waterways and localised fauna.

This is addressed under Environmental Considerations.

Theme 2 – Health risk

Similar to environmental issues, the other common response was the potential health and safety concerns of athletes and/or community who use the sportsground due to rising temperatures (particularly in summer) and the excessive heat generated from a synthetic field. Organic infills are available on the synthetic turf market which are 100% sustainable and also reduce the overall heat of the turf system bringing it within five (5) degrees of natural turf.

Given the evolving issues surrounding climate change, there has been concern around the use of rubber infill (which was the most common infill for synthetic turf in the past) and the toxic fumes this may cause in the event of a fire. Synthetic turf systems today are 100% environmentally friendly and no carcinogens present in the manufacturing of the turf, pads or virgin infills.

Synthetic turf systems have been tested and approved by the National Association of Testing Authorities, Australia to the Building Code of Australia fire rating criteria and have been installed in many indoor and outdoor facilities.

It is likely that the climate change as predicted by the Commonwealth Scientific and Industrial Research Organisation will see Ku-ring-gai experience longer inter-rain periods, extreme wind and rain events and an increase in frequency of extreme temperature days. Notable secondary impacts may include more extreme and frequent bush fire events, electricity, water, gas and sewer disruption, extremes in heat, more intense and frequent storms, local flooding and prolonged droughts.

These could affect Council’s sports facilities. Bushfires can be a threat to some residential areas. Council’s sports facility network can be used during fire events by providing a marshalling area for emergency services and the large static water supplies will provide a significant water supply in the event of a bushfire hazard. Climate change is also impacting on rainfall and air temperature and is projected to continue. The current drought and water restrictions are likely to create unprecedented operational facility management challenges. The implications of climate change, including water restrictions likely to be long-term or permanent, on the traditional provision of sportsgrounds are significant.

Theme 3 – Equitable use

There is a concern from the local community that if the synthetic field is approved, this will place a negative impact on casual usage by residents (dog walking, walking or running and general passive or active recreation) particularly with usage likely to increase with a synthetic field. There is also an opportunity to retain natural grass areas around the perimeter of the synthetic field and/or a walking path in the design phase that will encourage multiuse of the facility.

The usage of sportsgrounds within Ku-ring-gai (including Rofe Park) is directed by the Sports Facilities Plan of Management (2015). In part, the plan aims to maximise the active and passive recreational opportunities provided by the sports facilities network in Ku-ring-gai. Whilst there will be an expected increase of use of a synthetic field, as with all sportsgrounds, access from the community is still a common feature of use.

In addition, Council can work with the local community to both shape and manage expectations relating to increased usage of a site. Consideration towards the local residents and ongoing management with user groups will be required from Council to minimise any such impacts that may occur from usage.

Some stakeholders and residents have concern that the synthetic proposal is not inclusive of cricket. It has been recommended that HKHDCA and NSJCA relocate from Rofe Park to Norman Griffiths Oval (currently dormant in summer) with the inclusion of a synthetic turf wicket. This will ensure the provision of cricket facilities in the local area remains the same and Rofe Park will not require wicket conversions. It will also allow multi-purpose usage at Rofe Park over the summer season for multi sports requiring access for training and/or competition.

Theme 4 – Traffic and Parking

It has been acknowledged by local residents that introducing a synthetic field at Rofe Park will increase the amount of traffic to surrounding streets and place additional demand to on and off-street parking.

A first principles assessment of the car parking requirements has been prepared by Council (Attachment A2). The assessment is based on an extended winter training session on weekdays (between 4.30pm – 6.00pm) as the current usage does not cater for this time slot every day. This is also just outside the existing peak period of 4pm – 5pm (school pick up).

The current parking provision is approximately 40 spaces available in the off-street car park and a further 14 angle parking spaces on Mimosa Road frontage (northern side) with no time restrictions.

Parking restrictions prevent weekday evening and weekend daytime parking on the southern side of Mimosa Road.

Based on the weekday assumptions in the first principles assessment, if there are 55 players needing to be dropped off/picked up at the changeover time of 6pm (15 minutes either side of 6pm) it is estimated that up to 19 spaces will be required. Given that there are approximately 40 spaces off-street and another 14 spaces on the Mimosa Road frontage, there is enough capacity to accommodate drop off and pick up at the changeover time.

Existing hourly traffic counts on Mimosa Road between 5.30pm and 6.30pm were recorded at approximately 134 vehicles per hour (from February 2018 traffic counts on Mimosa Road). It is forecast that there will be an additional 129 vehicle trips (15 minutes either side of 6pm) resulting from pick up and drop off.

The estimated total hourly flows at pick up and drop off would therefore be 263 vehicles per hour. To put this into context, the Roads and Maritime (RMS) environmental capacity performance standard for a local street is 200 vehicles per hour (desirable) and 300 vehicles per hour (maximum). The projected hourly traffic flows (at pick up and drop off times) would not exceed the RMS environmental capacity performance standard for a local street.

Theme 5 – Noise

Similar to traffic and parking, there is a concern from local residents that there will be an increase in noise generated from Rofe Park if it becomes a synthetic field.

Whilst there is a change proposed to the surface which will generate additional use, there is no change to the type of operations or additional fields proposed. Noise levels at the nearest receivers from the proposal are not expected to change in level from the existing situation. The usage of Rofe Park will be no different to that of all sportsgrounds within Ku-ring-gai as directed by the Sports Facilities Plan of Management (2015).

Theme 6 – Lighting

Lighting has been available at Rofe Park for many years, however, there has been some concern from local residents as to the increase of light usage with a synthetic surface. The light usage at Rofe Park, as with all floodlit sportsgrounds, will be controlled by Ku-ring-gai and as directed by the Sports Facilities Plan of Management (2015).

Whilst there are no immediate plans to upgrade the lighting, advances in technology (LED) mean that lighting can be upgraded whilst at the same time minimising impact of lighting overspill on adjoining residents, the natural environment and reduce energy consumption.

Theme 7 - Economic

Some residents have voiced their concern that the inclusion of a synthetic field at Rofe Park is a misuse of taxpayers’ money both in terms of the capital and ongoing maintenance costs.

The proposal encompasses external funding of $928,765 ($696,340 in grant funding and an additional $232,425 funded by the WPFC and NSFA). Council is expected to fund the remainder of the project (funding from Norman Griffiths Oval) which is expected to cost approximately $1.5 million pending final design. Council has agreed to complete the capital works at Norman Griffiths Oval following the proposed works at Rofe Park. Again, pending final design and based on similar projects, the probable cost is approximately $1 million.

Due to the prohibitive costs and constraints associated with the proposed synthetic field at Norman Griffiths Oval, Council will essentially upgrade two sportsgrounds for the price of one with this approach and deliver a synthetic field for the greater West Pymble/South Turramurra area.

Whilst the ongoing maintenance and replacement costs can be debated between natural grass vs synthetic, it cannot be understated the greater use (per head and hours of use) that can be achieved with a synthetic field. Life expectancy of a synthetic field is a minimum of 8 years with most synthetic fields being replaced at the 10 year mark with good maintenance practices. Natural turf fields receiving high usage over a 12 year period would be resurfaced 3 times.

The 395 residents who provided a response have been notified that the report will be an agenda item at the Ordinary Meeting of Council on Tuesday, 19 November 2019.

Internal Consultation

This report has been prepared in consultation with the Strategy and Environment, Operations and Community Departments.

Summary

Ku-ring-gai has been actively involved in the Northern Sydney Regional Organisation of Councils - Regional Sportsground Strategy to ensure the gap does not worsen between the supply of sportsgrounds and the increase in sporting demand and population growth (31,000 people by 2036 representing a 25% increase).

One of the key actions recommended in the review is for each Council to identify initiatives to increase the capacity of sportsgrounds. Substantially increasing use of existing sportsgrounds can only be achieved by constructing synthetic turf surfaces.

For the past two years, Council has investigated the prospect of converting Norman Griffiths Oval, West Pymble to a synthetic field as part of the capital works program. As the site is a flood detention basin, the project is not viable due to constraints and prohibitive costs associated with the conversion. Significant funding towards the Norman Griffiths Oval project has been provided by the West Pymble Football Club, Northern Suburbs Football Association and grant contributions.

With the lost opportunity of a synthetic field at Norman Griffiths Oval and the need to meet the community sporting demand within the immediate area, Council has investigated Rofe Park, (Mimosa Sportsground) as an alternative site suitable for a synthetic surface. If the proposal is not endorsed by Council, Norman Griffiths Oval will not be reconsidered (due to constraints and prohibitive costs) and future proposals to convert other sportsgrounds to a synthetic surface are at risk of not being supported due to localised objection.

Council has agreed to complete the capital works at Norman Griffiths Oval following the proposed works at Rofe Park. Due to the prohibitive costs and constraints associated with the proposed synthetic field at Norman Griffiths Oval, Council will essentially upgrade two sportsgrounds for the price of one with this approach and deliver a synthetic field for the greater West Pymble/South Turramurra area.

Recommendation:

A. That Council proceed to design and construction of a synthetic surface at Rofe Park this financial year.

B. That Council agree to complete the capital works at Norman Griffiths Oval following the proposed works at Rofe Park.

C. That residents who submitted a response during the public exhibition period be provided an update of the decision.

Guy Thomas

Strategic Recreation Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Potential Impact Assessment - Rofe Park (Mimosa Sportsground) Artificial Playing Field - Preliminary Assessment 2019		2019/173496
	A2 ⇩	Rofe Park (Mimosa Sportsground) First Principles Assessment of Car Parking Requirements and Traffic Generation		2019/324590

Ordinary Meeting of Council - 19 November 2019	GB.18 / 557

Item GB.18	CY00473/6

Policy updates - Commercial Leasing Policy, Acquisition and Divestment of Land Policy, Easement Management Policy and Planning Agreement Policy

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the updates of four (4) policies including the: 1. Commercial Leasing Policy 2019; 2. Acquisition and Divestment of Land Policy 2019; 3. Easement Management Policy 2019; and the 4. Planning Agreement Policy 2019.

background:	On 20 August 2019, Council resolved to place four (4) draft policies on exhibition for 28 days and report back to Council thereafter.

comments:	The four (4) draft policies were placed on exhibition on Friday, 6 September 2019 until Friday, 4 October 2019. One submission was received during the exhibition period in response to the draft Acquisition and Divestment of Land Policy 2019.

recommendation:	That Council adopts the Commercial Leasing Policy 2019, the Acquisition and Divestment of Land Policy 2019, the Easement Management Policy 2019, and the Planning Agreement Policy 2019.

Purpose of Report

For Council to consider the updates of four (4) policies including the:

1. Commercial Leasing Policy 2019;

2. Acquisition and Divestment of Land Policy 2019;

3. Easement Management Policy 2019; and the

4. Planning Agreement Policy 2019.

Background

In August 2019, Council staff reviewed the existing four (4) policies and prepared four (4) new draft policies for Council’s consideration to ensure the policies accounted for any legislative changes that had occurred and remained appropriate and relevant.

At the Ordinary Meeting of Council on 20 August 2019, Council resolved:

That the following policies be exhibited for at least 28 days and reported back to Council.

1. Commercial Leasing Policy 2019

2. Acquisition and Divestment of Land Policy 2019

3. Easement Management Policy 2019

4. Planning Agreement Policy 2019

1. Commercial Leasing Policy 2019

The Commercial Leasing Policy 2019 (Attachment A1) sets out the framework, responsibilities and processes for leasing and licensing Council and Crown owned land.

Changes from the 2014 Policy include formatting changes and the insertion of references to Crown Land as a result of the new Crown Land Management Act 2016 and the associated Native Title requirements. It also advises that there is a fee involved in obtaining Native Title advice which is included in Council’s adopted Fees and Charges. The policy also provides the opportunity to impose sales based rents for certain commercial operations.

2. Acquisition and Divestment of Land Policy 2019

The Acquisition and Divestment of Land Policy 2019 (Attachment A2) outlines the criteria which must be considered prior to the acquisition or divestment of Council owned land and explains the process involved.

Changes from the 2014 Policy include increasing the property value threshold from $2 million to $4 million. This means that under the proposed Policy where the value of a property to be acquired or divested is expected to be less than $4 million, only one valuation must be sought and where the expected value exceeds $4 million, two valuations must be sought. This increase has been proposed due to the significant rise in housing prices since 2014 when the last Acquisition and Divestment of Land Policy was adopted. Minor changes have also been made to the formatting of the Policy and the included list of related legislation has also been updated.

3. Easement Management Policy 2019

The Easement Management Policy 2019 (Attachment A3) sets out the criteria and procedures for creating, modifying or extinguishing easements where Council is an interested party or where a property owner makes a request. This Policy relates to both Council and privately owned land.

Changes from the 2013 Policy include formatting updates, removing references to outdated legislation and clarification of the terms “compensation” and “commercial consideration”.

4. Planning Agreement Policy 2019

The Planning Agreement Policy 2019 (Attachment A4) sets out the framework, responsibilities and processes for negotiating a Voluntary Planning Agreement with Ku-ring-gai Council.

Changes from the 2016 Policy include updated references to the renumbered and restructured Environmental Planning and Assessment Act 1979 and, where relevant, changes foreshadowed in the draft Practice Note for Planning Agreements dated November 2016. This draft Practice Note has been exhibited but not yet adopted by the Department of Planning.

It is anticipated that a more comprehensive review of the Planning Agreement Policy will follow the comprehensive review of other related documents, such as the Development Contributions Plans, as part of the strategic planning work required as part of the Greater Sydney Commission’s present focus.

Comments

The four draft policies were placed on exhibition on Friday, 6 September 2019 until Friday, 4 October 2019. One submission was received during the exhibition period in response to the draft Acquisition and Divestment of Land Policy 2019.

The submission in response to the draft Acquisition and Divestment of Land Policy 2019, suggested that the process for reclassifying land from Community Land to Operational Land should be included in the policy.

Council’s Property and Urban Planning teams reviewed the submission and formed the following view:

The process for reclassification is set out under the Local Government Act 1993 and the Environmental Planning & Assessment Act 1979. Replicating this process within the Acquisition and Divestment of Land Policy is not supported as it should be read in its entirety and within the context of the aforementioned legislation.

No changes to the proposed four policies have been made.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.2: Council’s Governance framework is developed to ensure probity and transparency.

L3.1.2.5: Maintain a policy review program to ensure the currency of all policy documents.

Governance Matters

The four policies have been updated to reflect any legislative changes that may have occurred since the time that the policies were last reviewed.

Risk Management

By updating Council’s policies regularly, any risks which Council could be exposed to as a result of following out of date policies will be minimised.

Financial Considerations

The draft Commercial Leasing Policy 2019 details the fee for obtaining the necessary Native Title advice as a result of the new Crown Land Management Act 2016 requirements. It also provides the opportunity for Council to impose sales based rents for certain commercial operations.

The draft Acquisition and Divestment of Land Policy proposes an increase in the property value threshold from $2 million to $4 million. This means where the value of a property to be acquired or divested is expected to be less than $4 million, only one valuation must be sought and where the expected value exceeds $4 million, two valuations must be sought. This change has been proposed as a result of the significant rise in housing prices since 2014 when the last policy was adopted.

Social Considerations

Nil

Environmental Considerations

Nil

Community Consultation

The four (4) draft policies were placed on exhibition on Friday, 6 September 2019 until Friday, 4 October 2019.

Copies of the draft policies were made available on Council’s website and at the Customer Service desk at Council Chambers.

One submission was received in which the Property and Urban Planning Teams considered and formulated a response which has been addressed in this report.

Internal Consultation

Where relevant other Departments were consulted in the preparation of this report including, the Property and Urban Planning Teams in the preparation of the draft policies.

Summary

In August 2019, Council staff reviewed the existing Commercial Leasing Policy, Acquisition and Divestment of Land Policy, Easement Management Policy and Planning Agreement Policy and prepared four (4) replacement draft policies for Council’s consideration.

On 20 August 2019, Council resolved to place four (4) draft policies on exhibition for 28 days and report back to Council thereafter.

One submission was received during the exhibition period in response to the draft Acquisition and Divestment of Land Policy 2019.

No changes have been made to the draft policies that were presented to Council at the Ordinary Meeting of Council on 20 August 2019 and thereafter exhibited for a period of 28 days.

Recommendation:

A. That Council adopt the Commercial Leasing Policy 2019.

B. That Council adopt the Acquisition and Divestment of Land Policy 2019.

C. That Council adopt the Easement Management Policy 2019.

D. That Council adopt the Planning Agreement Policy 2019.

Claire Khalil

Property Officer - Community Leasing

Kate Paterson

Infrastructure Coordinator

Steve Johnson

Manager Property

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Commercial Leasing Policy 2019	2019/326931
	A2 ⇩	Acquisition and Divestment of Land Policy 2019	2019/326926
	A3 ⇩	Easement Management Policy 2019	2019/326932
	A4 ⇩	Planning Agreement Policy 2019	2019/326915

Ordinary Meeting of Council - 19 November 2019	GB.19 / 637

Item GB.19	S04553/15
	28 October 2019

Environmental Levy Grant Program -
Round 21

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to fund round twenty-one (21) of the Environmental Levy grants program.

background:	The Environmental Levy grants are designed to assist the Ku-ring-gai community to deliver small, community based environmental projects. An independent assessment panel assesses the grant applications against the grant criteria.

comments:	Twenty-five (25) applications totalling $120,461 were received under round twenty-one (21) of the Environmental Levy grants program. Of these, the Environmental Levy grants assessment panel recommends funding or part funding twenty-three (23) projects, totalling $59,999.

recommendation:	That Council support the recommendation of the Environmental Levy Grants Assessment Panel to fund twenty-three (23) projects, totalling $59,999, under round twenty-one (21) of the Environmental Levy grants program.

Purpose of Report

To seek Council’s endorsement to fund round twenty-one (21) of the Environmental Levy grants program.

Background

The Environmental Levy grants are open to groups, schools and individuals within Ku-ring-gai and assist the Ku-ring-gai community to deliver small, community based environmental projects that enhance our local environment, engage our community, or solve an environmental problem. The grants were identified in the development of the Environmental Levy, with strong support from residents and Councillors, as an opportunity to invest in projects with direct community benefit.

A five (5) member panel made up of two (2) local community members and three (3) Council staff members assess the grant applications against a set of criteria, ensuring projects deliver at least one of the following:

· increased community understanding of the value of the natural environment and local issues and impacts;

· community action which benefits the natural environment;

· improvements to local bushland or the conservation of native flora and fauna;

· a more sustainable community.

The panel makes recommendations to Council for the funding of projects, which is the subject of this report.

Table 1 outlines the number of projects and funding allocations through the Environmental Levy grants program to date.

Round	Number of successful applications	Funding allocation
Round 1	3	$12,500
Round 2	12	$52,249
Round 3	9	$36,982
Round 4	9	$40,000
Round 5	10	$39,576
Round 6	11	$39,721
Round 7	10	$33,102
Round 8	11	$40,636
Round 9	12	$40,069
Round 10	7	$40,343
Round 11	11	$46,174
Round 12	10	$45,276
Round 13	13	$40,068
Round 14	15	$43,357
Round 15	15	$50,278
Round 16	15	$49,902
Round 17	14	$41,779
Round 18	16	$47,654
Round 19	14	$46,700
Round 20	14	$47,637
TOTAL	231	$834,003

Table 1: Summary of funding through Environmental Levy grants program

Comments

Round twenty-one (21) of the Environmental Levy grants program was promoted through advertisements in local newspapers, Council’s sustainability e-news and across social media. Additionally, electronic promotion was conducted through Council’s website and Council’s environmental email distribution lists.

Round twenty-one (21) of the Environmental Levy Grants had 2 tiers of funding available. Tier 1 was for grants up to $5,000 and Tier 2 was for grants up to $20,000. A total of twenty-three (23) Tier 1 funding requests were received, totalling $80,461, and two (2) Tier 2 funding requests, totalling $40,000.

The budget for round twenty-one (21) of the grants program is $60,000. Tier 1 applications were assessed against the criteria by the assessment panel. Tier 2 applications were assessed by staff from the Environment and Sustainability section of Council. In addition to the Tier 1 grant criteria (see the background section above), Tier 2 applications were expected to demonstrate:

· A measurable benefit to the Ku-ring-gai environment or community;

· partnerships with local groups/people to achieve project outcomes;

· ability to effectively measure and meet objectives.

Please see Attachment A1 for a summary of the assessment panel review. Based on this review, a summary of the recommended projects for funding is provided in Table 2.

Applicant	Project name	Recommended funding
St Ives Barra Brui Preschool	Barra Brui native beehive	$ 635
Department of Environmental Sciences, Macquarie University	Habitat Stepping Stones - native plants and education program	$1,800
Water Streetcare group	Water Streetcare	$1,200
Larkin Streetcare group	Larkin Streetcare - erosion control to improve flora and fauna	$3,000
Turramurra North Public School	Turramurra North Public School - wildlife corridor extension, information and monitoring project	$2,500
Guari Maini	Uralba Place storm water control - street garden	$2,300
Christine Hooton	Ku-ring-gai plant rescue	$3,000
Melissa Pacque and Lucinda Freeman	Keeping Ku-ring-gai clean group	$1,300
Crop Swap Sydney	Sydney Edible Garden Trail	$5,000
Hampshire Avenue Bushcare Group	Hampshire Ave - Bushcare site	$3,000
Boomerang Bags Ku-ring-gai	Boomerang Bags - recycling	$3,559
Lady Game Community Garden	Lady Game Community Kindergarten - native bee and insect garden	$700
Newington College	Newington College - native bee hive installation and garden	$2,000
Sydney Adventist Organisation	Coups Creek environmental corridor	$3,000
Quarry Creek Bushcare, FLCNP and NPWS	Quarry Creek Bushcare - protection of high value native vegetation along Quarry Creek, West Pymble	$3,000
Centre for Ecosystem Science, University of NSW	Ecology of critically endangered Hibbertia spanantha	$4,047
Abington / Longford Bushcare Group	Consolidation of core area of Abingdon/Longford Bushcare site	$3,000
Kimo Bushcare Group	Kimo Bushcare - bandicoot bungalows	$400
Nancy Pallin	Paddy Pallin Reserve - madeira vine and camphor laurel	$4,873
Minamurra Bushcare Group	Minnamurra Bushcare - woody vine and invasive weed removal	$3,000
Bicentennial Park Bushcare Group	Bicentennial Park Bushcare - consolidation of bush regeneration at source of Quarry Creek	$3,000
Ku-ring-gai High School	Ku-ring-gai High School - species survey of endangered bushland	$3,685
WildThings NSW	WildThings - insect hotels workshops	$2,000
TOTAL		$59,999

Table 2: Summary of successful applications – Round 21 of Environmental Levy grants program

No Tier 2 applications are recommended for funding in round twenty-one (21) of the Environmental Levy grants program.

INTEGRATED PLANNING AND REPORTING

Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community empowered with knowledge, learning and information that benefits the environment

Increased community action that benefits the environment

Deliver environmental resources and programs for residents

Governance Matters

The Environmental Levy grants program, delivered through the Environmental Levy, provides annual funding to support environmental projects. Community development programs are highlighted in Ku-ring-gai’s Community Strategic Plan as a key area for Council.

Risk Management

The Environmental Levy grants program covers a range of projects with a variety of associated risks. Council ensures reduced risk to the community and the environment by working closely with grant recipients to ensure that work undertaken in bushland is handled by professionals and that contractors are sourced with appropriate training, safety standards, relevant insurance and licensing.

Financial Considerations

The Environmental Levy has allocated $60,000 for round twenty-one (21) of the Environmental Levy grants program.

Social Considerations

The Environmental Levy grants program provides an opportunity to invest at the local level in projects with direct community benefit. Many of the grant program’s projects see community members working closely together on a project with an environmental focus. Thus, the program has positive social benefits as well as environmental.

Environmental Considerations

Round twenty-one (21) funding has been allocated to enable activities such as bush regeneration, habitat creation and sustainability projects at local schools. A number of outstanding applications were received which will help promote a greater appreciation and understanding of the natural environment within the Ku-ring-gai Local Government Area (LGA).

The evaluation criteria for the Environmental Levy grants program ensure that all projects benefit the natural environment.

Community Consultation

The panel for round twenty-one (21) included 2 community members and 3 Council staff members. The panel met to review the proposals and rank them against the evaluation criteria.

Internal Consultation

In reviewing the grant applications, Council’s Environmental Volunteer Programs Coordinator liaised with the Natural Areas Program Leader and other relevant staff in relation to projects that fell within their areas of professional expertise.

Summary

This report seeks Council’s support to fund round twenty-one (21) of the Environmental Levy grants program.

Twenty-five (25) applications were received under round twenty-one (21) of the program. The Environmental Levy grants assessment panel recommends funding twenty-three (23) projects, totalling $59,999, as outlined in this report.

Recommendation:

That Council support the recommendation of the Environmental Levy Grants Assessment Panel to fund twenty-three (23) projects under round twenty-one (21) of the Environmental Levy grants program, totalling $59,999.

Jacob Sife

Natural Areas Program Leader

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1 ⇩

Summary of the assessment panel review of applications for the Environmental Levy grants program - Round 21

2019/282666

Ordinary Meeting of Council - 19 November 2019	MM.1 / 35

Item MM.1	S02046/12

Ordinary Meeting of Council - 19 November 2019	GB.3 / 68

Item GB.3	S12251

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Item GB.4	FY00581/5

Ordinary Meeting of Council - 19 November 2019	GB.7 / 131

Item GB.7	FY00623/2
	1 November 2019

Ordinary Meeting of Council - 19 November 2019	GB.9 / 208

Item GB.9	S12188

Ordinary Meeting of Council - 19 November 2019	PT.1 / 38

Item PT.1	S02617

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Item GB.11	CY00022/11

Ordinary Meeting of Council - 19 November 2019	GB.12 / 272

Item GB.12	S04730

Ordinary Meeting of Council - 19 November 2019	NM.1 / 646

Item NM.1	S12120

Ordinary Meeting of Council - 19 November 2019	NM.2 / 647

Item NM.2	S11352