Agenda of Ordinary Meeting of Council - Tuesday, 25 August 2020

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 25 August 2020 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

The Livestream can be viewed here:

http://www.kmc.nsw.gov.au/Your_Council/Meetings/Council_Meeting_livestream

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the KMC website. Although Council will do its best to ensure the public is excluded from the livestream, Council cannot guarantee a person’s image and/or voice won’t be broadcast. Accordingly, attendance at Council meetings is considered consent by a person for their image and/or voice to be webcast. Council accepts no liability for any damage that may result from defamatory comments made by persons attending meetings. As per clause 15.21 of Council’s Code of Meeting Practice, a person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording or photograph of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the council.

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

GB.9 RFT9-2020 Kissing Point Village Green Playground Upgrade

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

Attachment 1: Confidential Attachment A1 – RFT9-2020 List of Submitters

Attachment 2: Confidential Attachment A2 – RFT9-2020 Kissing Point Village Green – Tender
Evaluation Report

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 9

File: S02131

Meeting held 28 July 2020

Minutes numbered 127 to 147

minutes from the Mayor

MM.1 Ku-ring-gai wins Excellence in Communication Award during Local Government Week 29

File: S06038

It is my pleasant duty to advise our community that Ku-ring-gai Council has won the Excellence in Communication category in this year’s RH Dougherty Awards.

The RH Dougherty Awards are presented annually during Local Government Week for Council projects demonstrating excellence in communication. The awards are hosted by LGNSW, the peak body for 128 NSW councils.

Ku-ring-gai Council won the large council category (70,000 residents plus) for its 2019-2020 Get Ready Ku-ring-gai campaign, beating ten other entries from councils including Waverley, Randwick and Northern Beaches.

Get Ready Ku-ring-gai aimed to raise awareness of the need for residents to plan ahead for the bushfire season. The campaign used an innovative 3D simulation tool called the Sim Table to show residents how a bushfire could start and spread in their neighbourhood.

Residents were invited to see the Sim Table at workshops conducted by Council staff and RFS volunteers, who then provided advice on how to put together a bushfire plan. The workshops were also supported by the SES.

Get Ready Ku-ring-gai was boosted through a video, social media posts and e-news stories, which increased participation in bushfire planning workshops during 2019-2020 by around 50%.

According to the judges, the Get Ready Ku-ring-gai campaign was ‘an excellent project…..and gets higher marks because of the innovation element and also the collaborative approach taken with relevant partners’.

Ku-ring-gai Council’s pioneering approach with this project is being followed by other councils. Our council was the first in NSW to use the Sim Table to educate residents on bushfire planning.

Overall the Get Ready Ku-ring-gai campaign has been a great example of collaboration between the Council’s communications and sustainability staff and our external volunteer bodies, the RFS and SES.

On behalf of my Councillor colleagues, I congratulate all concerned on the success of Get Ready Ku-ring-gai.

Recommendation:

That:

A. The Mayoral Minute be received and noted.

B. The Mayor congratulate all staff concerned on the success of Get Ready Ku-ring-ga

Petitions

GENERAL BUSINESS

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

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

GB.1 Draft Ku-ring-gai Council Access and Disability Inclusion Plan 2020 – 2024 31

File: CY00140/12

To provide Councillors with the updated draft Access and Disability Inclusion Plan 2020-2024, and seek approval for a number of proposed changes to the updated Plan.

Recommendation:

That Council approve the proposed changes in the draft Access and Disability Inclusion Plan 2020 – 2024, and that the draft Plan be placed on exhibition for 28 days for community feedback, and resubmitted to Council following the public exhibition period.

GB.2 Mayoral Donations for Financial Year 2019/2020 92

File: FY00275/12

To advise Council of the Mayoral donations made during the 2019/2020 financial year.

Recommendation:

That the report be received and noted.

GB.3 Local Government NSW Annual Conference 2020 - Registration, Voting Delegates and Call for Motions 96

File: S02046/13

To advise Council that registrations are now open for the Local Government NSW Annual Conference 2020, the criteria and deadline for the submission of Motions to be considered at the Conference, and for Council to determine its voting delegates at the Conference.

Recommendation:

That:

A. Councillors provide any proposed motions for submission to the 2020 Local Government NSW to the General Manager by Monday, 31 August 2020 and;

B. A report providing details of any proposed motions be referred to Council at its meeting on 22 September 2020, for approval prior to submission to LGNSW.

C. Council determines its six (6) voting delegates in respect of motions at the Local Government NSW Annual Conference 2020; and;

D. Any other Councillors interested in attending the conference notify the General Manager by Monday, 31 August 2020.

GB.4 Delivery Program 2018-2021 and Operational Plan 2019-2020: June 2020 Bi-Annual Report 120

File: FY00382/12

To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2019-2020, for the period January to June 2020.

Recommendation:

That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2019-2020 be received and noted.

GB.5 Investment Report as at 31 July 2020 128

File: FY00623/3

To present Council’s investment portfolio performance for July 2020.

Recommendation:

That the summary of investments performance for July 2020 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.6 Analysis of Land and Environment Court Costs - 4th Quarter 2019 to 2020 136

File: FY00623/3

To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2020.

Recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2020 be received and noted.

GB.7 Carried Forward Projects Expenditure - 2019/20 154

File: FY00259/13

To seek endorsement from Council to carry forward the attached list of 2019/20 projects into the current financial year.

Recommendation:

That Council approve the attached list of 2019/20 carried forward projects into the current financial year.

GB.8 Minutes of Audit, Risk & Improvement Committee meeting held on 12 March 2020 170

File: CY00458/8

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meeting held on 12 March 2020.

Recommendation:

That Council receive and note the contents of this report.

GB.9 RFT9-2020 Kissing Point Village Green Playground Upgrade 179

File: RFT9-2020

To consider the tenders received for Kissing Point Village Green playground upgrade and to appoint the preferred tenderer.

Recommendation:

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

GB.10 Post Exhibition - Consideration of Submissions - Consolidation of Development Control Plans (DCPS) 184

File: S12804

For Council to consider the submissions received during the public exhibition of the draft consolidated Ku-ring-gai Development Control Plan.

Recommendation:

That Council adopt the consolidated Ku-ring-gai Development Control Plan to come into effect at the same time as the consolidated Ku-ring-gai Local Environmental Plan.

GB.11 Draft Ku-ring-gai Retail and Commercial Centres Strategy 1232

File: S12199

To seek Council endorsement to place the draft Ku-ring-gai Retail and Commercial Centres Strategy on public exhibition.

Recommendation:

That Council endorse the draft Ku-ring-gai Retail and Commercial Centres Strategy for public exhibition.

GB.12 Heritage Reference Committee Minutes and reallocation of declined Heritage Home Grants funds 1369

File: CY00413/8

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meetings held on 4September 2019 and 21 May 2020, and to reallocate $1,000 of declined funds from the Heritage Home Grants Program 2020/21 to another suitable applicant.

Recommendation:

A. That Council receives and notes the HRC minutes from 4 September 2019 and 21 May 2020.

B. That the declined $1,000 in Heritage Home Grants Funding previously allocated to 26 Treatts Road, Lindfield, be reallocated to 1 Frances Street, Lindfield.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Proposed Heritage Listing - 6 Springdale Road Killara 1382

File: S11660

Notice of Rescission from Councillors Kelly, Spencer, Ngai, Kay and Pettett dated 29 July 2020

We, the undersigned, hereby move on rescinding GB.10 – Proposed Heritage Listing – 6 Springdale Road Killara, of the Ordinary Meeting of Council on 28 July 2020. This rescission includes all amendments and supplementary recommendations in relation to the matter.

Recommendation:

That the above Notice of Motion as printed be adopted

NM.2 Roseville RSL - Amended DA0134/18 1383

File: DA0134/18

Notice of Motion from Councillor Kelly dated 7 August 2020

Having regard to: –

1. The wide community interest in this development,

2.    The concerns expressed by local residents, including those most affected by the
          proposed development, in relation to the highly arguable legalistic claims made by the
          applicant in its clause 4.6 Variation Requests to overcome floor space ratio and height
          non- compliance,

3. The importance of these Requests in the forthcoming hearing by the SNPP and in
relation to their effect on the relevant council LEP and DCP,

4.    The submissions made by these local residents to council staff and the Independent
           assessor, Vince Hardy, to obtain independent legal advice to fully scrutinise and test
           the claims referred to in 2 above,

5.    The strong belief expressed by at least 10 local residents that the obligations of care
           and diligence under clause 3.2 of the Code of Conduct require councillors to make
           reasonable efforts to ensure that major developments like this are not approved
           without vital controversial legal claims being tested by appropriate independent legal
           advice.

I move that:

Council now resolve to direct its relevant staff, to obtain independent legal advice on all contentious legal claims made by the applicant in its clause 46 Variation Requests, as a matter of urgency having regard to the fact that the next scheduled hearing of the SNPP on this development will take place on 2 September 2020. The purpose of obtaining this advice shall be for Council to consider whether to make a submission on this matter to Sydney North Planning Panel.

Recommendation:

That the above Notice of Motion as printed be adopted

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 28 July 2020

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 Corporate Communications (Virginia Leafe) Manager Governance and Corporate Strategy (Michael Wearne) Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska) Manager Urban and Heritage Planning (Antony Fabbro) Team Leader Urban Design (Bill Royal) Team Leader Urban Planning (Craige Wyse) Acting Senior Urban Planner (Alexandra Plumb) Urban Design Projects Officer (Divya Verma)

The Meeting commenced at 7:01pm

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.

The following interests were declared:

Councillor Kay declared a non-pecuniary, less than significant interest for Item GB.9 due to her role with Wild Things NSW, and she will leave the meeting during debate of the item.

The Mayor, Councillor Anderson declared a non-pecuniary, less than significant interest for Item GB.10. Up until 2016, she resided next door to the subject property whilst the former owner held ownership and as such, she will remain in the Chair during debate of the item.

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:

GB.3 – Draft Ku-ring-gai Housing Strategy to 2036

Consideration of Submissions and Local Centre

Delivery Plans

Memorandum from Director Strategy and Environment dated 28 July 2020 to the Mayor and Councillors responding to Support Lindfield dwelling numbers.

GB.3 – Draft Ku-ring-gai Housing Strategy to 2036 -

Consideration of Submissions and Local Centre

Delivery Plans

Memorandum from Director Strategy and Environment dated 28 July 2020 to the Mayor and Councillors outlining key matters raised in Public Forum submissions received.

GB.3 – Draft Ku-ring-gai Housing Strategy to 2036 –

Consideration of Submissions and Local Centre

Delivery Plans

Memorandum from Director Strategy and Environment dated 28 July 2020 to the Mayor and Councillors attaching a minor amendment to attachment A9.

GB.4 – Housing Strategy Implementation - Program and

Funding

Memorandum from Director Strategy and Environment dated 28 July 2020 to the Mayor and Councillors amending a sentence at the top of page 244 in the report.

GB.10 – Proposed Heritage Listing – 6 Springdale Road Killara

Memorandum from Director Strategy and Environment dated 22 July 2020 to the Mayor and Councillors detailing the site inspection undertaken on 17 July 2020.

Councillor Spencer departed the meeting.

CONFIRMATION OF MINUTEs

127

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 30 June 2020

Minutes numbered 98 to 126

Resolved:

(Moved: Councillors Clarke/Smith)

That Minutes numbered 98 to 126 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

Councillor Spencer returned to the meeting.

minutes from the Mayor

128

Jennifer Harvey - Member of the Ku-ring-gai Heritage Committee

File: CY00413/8

Vide: MM.1

I write this Mayoral Minute to acknowledge the contribution of Jennifer Harvey to the Council’s Heritage Advisory Committee and her longstanding contribution to preserving local heritage.

Mrs. Harvey recently found it necessary to resign from the Committee for personal reasons.

Mrs. Harvey has been the Ku-ring-gai Historical Society representative on the Committee since 2004.

During her 20 years with the Historical Society, which she joined in 2000, Mrs. Harvey served as its Vice-President from 2008 to 2013, President from 2013 to 2014 and co-editor, researcher and contributor to the Society’s publication called The Historian from 2003 to 2019.

She also served as a curator and archivist of the Society’s prolific collection of historical items about Ku-ring-gai, with her speciality being local built heritage.

She has been the recipient of several awards over the years including:

2006 - the Ku-ring-gai Historical Society’s Historian of the Year.

2009 - the Gem of Ku-ring-gai Award to recognise the work of women in our community to celebrate International Women’s Day.

2012 - the first recipient of the Ku-ring-gai Heritage Award presented on Australia Day that year. The award recognised the significant work done by Ms Harvey and her built heritage team at the Historical Society, and their contribution to the conservation and protection of heritage in Ku-ring-gai.

In recognition of her expertise and knowledge of built heritage, Mrs. Harvey was employed by NSW Railway Infrastructure to help research and co-write the statement of heritage impact for Gordon Railway Station. She was also instrumental in contributing design features for the recent installation of lifts and platform alterations at the station.

Jennifer Harvey was nominated as the Ku-ring-gai Historical Society’s member of Council’s Heritage Advisory Committee in 2004 and represented the Society until May 2020. She was a very valuable contributor to the Committee, identifying and promoting Ku-ring-gai’s heritage through major reviews, promoting the expansion of Ku-ring-gai’s heritage conservation areas and identifying new heritage items, particularly examples of post-World War Two housing.

Her countless hours of fastidious research and meticulous supporting documentation cannot be over-estimated.

On behalf of Council and her community, I thank Jennifer Harvey for her valued contribution to protecting Ku-ring-gai’s unique heritage. Her knowledge of and passion for Ku-ring-gai’s built environment will be greatly missed by her Committee colleagues.

Resolved:

A. That the Mayoral Minute be received and noted.

B. That the Mayor write to Mrs Harvey thanking her for her valued contribution and enclosing a copy of this Mayoral Minute.

CARRIED UNANIMOUSLY

129

Vale Loraine Unicomb - Doyenne of Ku-ring-gai's Netballing Community

File: CY00455/8

Vide: MM.2

This Mayoral Minute is to mark the sad passing of one of Ku-ring-gai’s most dedicated netballers, Loraine Unicomb.

Loraine passed away in May this year, following a brave battle with cancer.

Loraine’s passion for netball was unstoppable and she was a powerful advocate for the sport she loved. As well as being President of the West Pymble Netball Club for the past seven years, she was a coach and grader for more than a decade. She also umpired many games as a badged umpire for the Ku-ring-gai Netball Association.

In addition to her commitment to local netball, Loraine was a great contributor to the wider Pymble community. In 2017 Ku-ring-gai Council recognised her voluntary efforts with a community service award and in 2018, she received the Lion’s Club of Ku-ring-gai award for services to sport.

The West Pymble Netball Club circulated this tribute to Loraine Unicomb following news of her death. ‘Her guiding philosophy was to make every member of our club feel part of the broader family, treated fairly and valued. It is her values that have shaped this club and we are going to deeply miss her guidance, her wisdom, her humour and care. The world would be a truly special place if we all could have the attitude and energy of Loraine. We have lost a special person, mother, club member, president.’

Last month the club paid tribute to her by setting up a memorial fence at the West Pymble netball courts. Friends and family placed flowers and tied pink, blue and yellow ribbons on the fence in a moving farewell to Loraine.

On behalf of the Council and the Ku-ring-gai community, I express my sincere condolences to Loraine’s family and many friends. May she rest in peace.

Resolved:

A. That the Mayoral Minute be received and noted.

B. That we stand for a minute’s silence to honour Loraine Unicomb.

C. That the Mayor write to Mrs Unicomb’s family and enclose a copy of this Mayoral Minute.

CARRIED UNANIMOUSLY

Recommendations from Committee

130

Minutes of Ku-ring-gai Traffic Committee 4 May 2020

File: CY00022/12

Vide: RC.1

Meeting held 4 May 2020

Minutes numbered KTC08 to KTC10.

Resolved:

(Moved: Councillors Spencer/Kelly)

CARRIED UNANIMOUSLY

131

Fox Valley Road, Wahroonga - Proposed Intersection Treatment at Adventist School Entrance

File: TM11/12

Ward: Comenarra

Electorate: Ku-ring-gai

Vide Minute No KTC09

To consider the control mode for the new intersection of Fox Valley Road and the new access road to the Wahroonga Adventist School.

Resolved:

(Moved: Councillors Spencer/Kelly)

A. That Council adopt (in-principle) a traffic signal control arrangement as per appendix one of business paper on Fox Valley Road as the preferred control mode and layout for the new intersection.

B. That Council write to Transport for NSW expressing its support for the above mentioned intersection control mode and configuration, and seek in-principle concurrence/approval.

CARRIED UNANIMOUSLY

The above Resolution was CARRIED as an Amendment to the Original Recommendation. The Original Recommendation was:

A. That Council adopt (in-principle) a traffic signal control arrangement comprising a 4 lane/2-way configuration on Fox Valley Road (without dedicated right turn bays) as the preferred control mode and layout for the new intersection.

B. That Council write to Transport for NSW expressing its support for the abovementioned intersection control mode and configuration, and seek in-principle concurrence/approval.

132

St Johns Avenue and Henry Street Gordon - Alterations to Parking Restrictions

File: TM4/12

Ward: Gordon

Electorate: Ku-ring-gai

Vide Minute No KTC10

To seek approval for proposed changes to parking restrictions in St Johns Avenue and Henry Street following the adoption by Council of the final concept design for the St Johns Avenue Upgrade project.

Resolved:

(Moved: Councillors Spencer/Kelly)

That the following changes to parking and traffic conditions be approved, to support the concept design for St Johns Avenue Streetscape Upgrade:

A. Removal of existing 1P restrictions (and kerbside parking spaces) in St Johns Avenue between Pacific Highway and Wade Lane;

B. Modification of the existing 3 spaces in Henry Street from P15 parking restrictions to No Parking (“Kiss and Ride”) 6.30am-9.30am and from 3.30pm-6.30pm Mon-Fri, and P15 minute parking at all other times;

C. Marking of cycle logos in Churchill Lane, to indicate an on-road/mixed traffic cycle route.

CARRIED UNANIMOUSLY

REQUEST FOR SITE INSPECTION

133

Request for Further Site Inspection - 6 Springdale Road, Killara - Heritage Listing

File: s11660

Vide: GB.16

To re-present the matter of the proposed heritage listing of 6 Springdale Road Killara on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 following a site inspection by Councillors held on Friday, 17 July 2020.

Resolved:

(Moved: Councillors Kelly/Spencer)

Motion:

That further consideration of this matter be deferred pending an inspection of the subject site.

For the Resolution: Councillors Ngai, Pettett, Spencer, Kelly and Kay.

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

The voting being EQUAL, the Mayor exercised her

Casting Vote AGAINST the Motion

GENERAL BUSINESS

134

Investment Report as at 30 June 2020

File: FY00623/3

Vide: GB.1

To present Council’s investment portfolio performance for June 2020.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. The summary of investments and performance for June 2020 be received and noted.

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

CARRIED UNANIMOUSLY

135

Progress Status Report - June 2020

File: FY00621/3

Vide: GB.2

To provide Council with the Project Status Report reflecting results for April, May and June 2020

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. Council receive and note the Project Status Report for June 2020.

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

CARRIED UNANIMOUSLY

136

Draft Bushland Dumping and Encroachment Policy

File: CY00295/11

Vide: GB.5

For Council to consider the update of the Bushland Dumping and Encroachment Policy 2020.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That the draft Bushland Dumping and Encroachment Policy 2020 be exhibited for at least 28 days and be reported back to Council.

CARRIED UNANIMOUSLY

137

Minutes of the Flood Risk Management Committee December 2019 and June 2020 Meetings

File: S10746

Vide: GB.6

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 10 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2).

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. Council receive and note the Minutes of the Flood Risk Management Committee meetings held on 19 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2);

B. Council adopt the amended Flood Risk Management Committee Terms of Reference in Attachment A3.

CARRIED UNANIMOUSLY

138

Climate Change Policy and Action Plan

File: S09069/10

Vide: GB.7

For Council to adopt the exhibited Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan with the amendments as outlined in this report.

Resolved:

(Moved: Councillors Clarke/Szatow)

A. That Council adopt the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan.

B. That a copy of the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan be placed on Council’s website.

CARRIED UNANIMOUSLY

Councillor Kay, having prior declared a conflict, withdrew during debate and voting on GB.8.

139

Environmental Levy Grant Program -
Round 22

File: S04553/16

Vide: GB.8

To seek Council’s endorsement to fund round twenty-two (22) of the Environmental Levy grants program.

Resolved:

(Moved: Councillors Clarke/Szatow)

That Council endorse the recommendations of the Environmental Levy Grants Assessment Panel to fund fourteen (14) projects under round twenty-two (22) of the Environmental Levy grants program, totalling $54,954.

CARRIED UNANIMOUSLY

Councillor Kay returned to the meeting following the conclusion of debate and voting on GB.8.

140

Heritage Home Grants - Financial Year 2020/2021

File: S11080

Vide: GB.9

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2020/21.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. Council approve the grant applications summarised in Attachment A2 for the Heritage Home Grants Fund 2020/21 under the conditions outlined in Attachment A3.

B. Council waive any applicable Minor Works approval fee required by successful funding recipients to undertake their projects as identified in Attachment A3.

C. Council consider increasing the Heritage Home Grant funding pool from $50,000 to $80,000, to be made available for the 2021/2022 Financial Year as part of that year’s budget preparation.

D. All applicants be notified of Council’s decision.

CARRIED UNANIMOUSLY

141

Recreation in Natural Areas - Environmental Advisory Group

File: S11290

Vide: GB.12

To present Council with the draft Terms of Reference for the Recreation in Natural Areas – Environmental Advisory Group.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. Council approve the draft Terms of Reference for the Recreation in Natural Areas – Environmental Advisory Group.

B. Council call for expressions of interest to form the Recreation in Natural Areas – Environmental Advisory Group.

CARRIED UNANIMOUSLY

142

Draft Ku-ring-gai Housing Strategy to 2036 - Consideration of Submissions and Local Centre Delivery Plans

File: S12728

Vide: GB.3

For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Housing Strategy to 2036.

For Council to adopt the Housing Strategy and Housing Delivery Plans for the provision of housing within the Local Centres of Turramurra, Gordon and Lindfield.

Motion:

(Moved: Councillors Szatow/Kelly)

A. That the issue be deferred until the September 2020 Ordinary Meeting of Council to afford the Council the opportunity to digest the issues raised, particularly in Lindfield.

B. That the correspondence received from our two Local State Members of Parliament be forwarded to the NSW Premier seeking clarification on the content and the obligations of Council in relation to it.

Amendment:

(Moved: Councillors Ngai/ Kay)

That Council:

A. Not adopt the draft Housing Strategy in its current form, with some of the reasons as follows:

i. Despite the significant role of the housing strategy in shaping Ku-ring-gai’s future, public engagement on the matter has been low with only 253 submissions received (which is less than 0.6% of Ku-ring-gai households). Council has concerns about adopting this significant strategic document with so little community input.

ii. Councillors have received strong concerns from some residents about building heights in Ku-ring-gai’s Primary Town Centres ranging from 10 to 20 storeys.

iii. With the COVID-19 pandemic it is too early to know what impact it will have on population growth targets and what implications it will have for demand for different dwelling types (e.g. stronger preference for low density areas with close access to recreational space, lower demand for 30-minute access to city centres, and lower demand for high rise buildings with shared corridors, lifts and ventilation systems).

iv. There has been strong interest by some residents for Council to explore an Option 4, which involves reducing the heights in Primary Town Centres whilst gently increasing the dwelling capacity in Secondary Town Centres and Neighbourhood Centres. Given the strong interest in a potential Option 4 and the potential implications of COVID-19 on demand for different housing types and transport infrastructure preferences, Option 4 (including its benefits and disadvantages) should be incorporated in the public consultation of any future housing strategy.

v. There is currently no explicit policy from the Greater Sydney Commission or the NSW State Government requiring Ku-ring-gai to increase its dwelling capacity by 10,660 in the period from 2016 to 2036, and if any targets should be set then this could arguably be lower.

B. Believes community consultation and engagement on the draft Housing Strategy would have been more effective had physical information packs gone out to every Ku-ring-gai household via addressed mail.

C. Staff should propose an alternate approach to the Draft Housing Strategy, addressing the concerns listed above, and present it before Council within the next two months.

Procedural Motion:

(Moved: Councillor Smith)

That the amendment be now put.

The procedural motion was put and declared carried.

For the Procedural Motion: The Mayor, Councillor Anderson and Councillors Clarke, Greenfield, Smith and Szatow.

Against the Procedural Motion: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her

Casting Vote IN FAVOUR of the Amendment now being put.

The Amendment was put and declared LOST.

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

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

The voting being EQUAL, the Mayor exercised her

Casting Vote AGAINST the Amendment.

As the Amendment was lost, debate recommenced on the Motion.

Procedural Motion:

(Moved: Councillor Smith)

That the Motion be now put.

For the Procedural Motion: Councillors The Mayor, Councillor Anderson and Councillors Clarke, Greenfield, Kelly, Smith and Szatow.

Against the Procedural Motion: Councillors Kay, Ngai, Pettett and Spencer.

The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillors Szatow/Kelly)

A. That the issue be deferred until the September 2020 Ordinary Meeting of Council to afford the Council the opportunity to digest the issues raised, particularly in Lindfield.

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

Against the Resolution: Councillors Kay, Ngai and Spencer.

143

Housing Strategy Implementation - Program and Funding

File: S12198

Vide: GB.4

The purpose of this report is to:

· Clarify the commitments that have been made to implement Council’s Local Strategic Planning Statement (LSPS); and

· Put forward an accelerated programme to prepare a Planning Proposal (PP) in accordance with Council’s draft Housing Strategy to meet targets set by the Department of Planning, Industry and Environment (DPIE) in the event Council wishes to do so.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council defer the issue until the September 2020 Ordinary Meeting of Council when the matter can be considered in conjunction with the Draft Ku-ring-gai Housing Strategy to 2036.

CARRIED UNANIMOUSLY

144

Proposed Heritage Listing - 6 Springdale Road Killara

File: S11660

Vide: GB.10

Motion:

(Moved: Councillors Kelly/Kay)

A. That Council amends the appropriate records to include 6 Springdale Road, Killara [Lot 1, DP505522] as a local limited example of architect Ken Woolley's work.

B. That the Interim Heritage Order be withdrawn, allowing the owners to fully occupy the property and get on with the minor works applied for.

C. That the Council immediately advise the owners of this decision.

Procedural Motion:

(Moved: Councillor Smith)

That the Motion be now put.

For the Procedural Motion: The Mayor, Councillor Anderson and Councillors Clarke, Greenfield, Kelly, Ngai, Pettett, Smith, Spencer and Szatow.

Against the Procedural Motion: Councillor Kay.

The Motion was put and declared LOST.

For the Motion: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

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

The voting being EQUAL, the Mayor exercised her

Casting Vote AGAINST the Motion.

Resolved:

(Moved: Councillors Szatow/Smith)

That:

A. Council proceeds to prepare a Planning Proposal to amend KLEP2015 to include 6 Springdale Road, Killara [Lot 1, DP505522] as a local heritage item in Schedule 5.

B. The Planning Proposal is referred to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice in accordance with the Local Planning Panel Direction – Planning Proposals.

C. A report be brought back to Council following the advice from the KLPP for Council to consider whether or not to forward the Planning Proposal for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979.

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

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

The voting being EQUAL, the Mayor exercised her

Casting Vote IN FAVOUR of the Resolution.

145

Post Exhibition Consideration of Submissions- Planning Proposal and Site Specific DCP 45-47 Tennyson Avenue & 105 Eastern Road, Turramurra

File: S12120

Vide: GB.11

To have Council consider the submissions received in response to the exhibition of the Planning Proposal and site specific DCP for 47-47 Tennyson Ave and 105 Eastern Road, Turramurra.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. Council adopt the Planning Proposal to amend the Ku-ring-gai Local Environmental Plan 2015 for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra to:

1. Rezone from R2 Low Density Residential to B1 Neighbourhood Centre;

and

2. Remove minimum lot size development standard of 940sqm.

B. Council, as the local plan-making authority, exercises the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 and proceed to make the Plan under delegated authority.

C. Council adopt the Ku-ring-gai Development Control Plan amendment associated with the Planning Proposal, subject to the amendments outlined in Part 3 of this report. The Development Control Plan is to come into effect on the same date as the Planning Proposal.

D. Those persons who made submissions be notified of Council’s decision.

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

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

The voting being EQUAL, the Mayor exercised her

Casting Vote IN FAVOUR of the Resolution.

QUESTIONS WITH NOTICE

146

Potential for a Drive-in at St Ives Showground

File: S10531

Vide: QN.1

QUESTION:

Question from Cr Sam Ngai dated 17 June 2016:

Potential for a Drive-in at St Ives Showground

There is currently a petition on change.org regarding the potential for a drive-in theatre at the St Ives Showground. Stated benefits include making greater use of an under-utilised facility, supporting social distancing whilst minimising noise objections as sound is broadcast via FM radio, and providing a great entertainment venue for the community.

As at 17 June 2020 the petition has attracted over 1,100 signatures.

I know the petition isn't formatted in the usual manner required by council, but can we please provide an initial comment on whether a drive-in can be entertained? For example:

- YES we can consider it subject to feasibility studies;

- NO we cannot go down that path as it conflicts with council's other plans for the site; or

- MAYBE we could consider it subject to certain factors / conditions.

It would be great if residents could get an official indicative response before too much is emotionally invested in the idea.

Further detail as follows.

https://www.change.org/p/ku-ring-gai-council-drive-in-at-st-ives-showground

ReSPONSE:

Response from Director Community Janice Bevan:

Council staff will certainly review and discuss any operator applications for a drive-in theatre to operate at the St Ives showground, as proposed in the change.org petition.

There have been preliminary enquiries from major event companies about establishing a drive-in theatre at the St Ives showground. These enquiries however have not progressed, as the operators have indicated that long term, rather than short term pop-up locations, are preferable.

To ensure the viability of the drive-in theatre the operators have indicated that they prefer to secure a fixed length of exclusive time (over 4-6 weeks) to set up and operate the drive-in theatre without disruption. To date, Council has not been able to satisfy this request because of existing bookings from community and sporting groups that regularly use the St Ives showground.

Should an operator be satisfied with a shorter period of time (a weekend or 4-6 days) for a pop-up drive-in theatre, and submit a proposal, it would be considered and assessed, particularly in terms of environmental impacts and traffic implications. A drive-in theatre would also need to be compatible with existing community and sporting groups that are currently using the showground.

147

Potential Council use of Electronic Advertising at Bus Shelters

File: S03552/19

Vide: QN.2

QUESTION:

Question from Councillor Ngai dated 12 June 2020:

I was recently driving through another LGA and noticed that at one of the bus shelters, it had electronic advertising on a screen instead of the standard static or scrolling poster.

Is there any scope or possibility for council to adopt electronic advertising boards as a means of communicating key messages to our residents (e.g. public health matters, upcoming events, items on public exhibition)? It would certainly broaden our reach which so far is limited to channels such as newsletter mail outs, emails, and social media.

ReSPONSE:

Response from Director Strategy & Environment Andrew Watson:

Council’s current contract with its bus shelter advertising provider has ended. That provider’s static display equipment has been removed from shelters within Ku-ring-gai as from Monday, 6 July 2020.

Council is currently investigating ways forward which may or may not involve the former adverting provider or going to the market for a new provider. Given the market uncertainty arising from the current COVID-19 pandemic, about which Council has previously considered a report, short term arrangements may or may not include digital advertising given anticipated lower advertising returns and the payback period for installing digital equipment.

The General Manager advised everyone present in the Chambers that a Notice of Rescission Motion has been submitted for GB.10 – Proposed Heritage Listing – 6 Springdale Road Killara.

The Meeting closed at 9:22pm

The Minutes of the Ordinary Meeting of Council held on 28 July 2020 (Pages 1 - 20) were confirmed as a full and accurate record of proceedings on 25 August 2020.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 25 August 2020	GB.1 / 37

Item GB.1	CY00140/12

Draft Ku-ring-gai Council Access and Disability Inclusion Plan 2020 – 2024

EXECUTIVE SUMMARY

purpose of report:	To provide Councillors with the updated draft Access and Disability Inclusion Plan 2020-2024, and seek approval for a number of proposed changes to the updated Plan.

background:	In 2014, Council resolved to adopt the Access and Disability Inclusion Plan and was among the first Council’s in NSW to submit this document to the New South Wales Disability Council. Legislation requires that the Plan be reviewed at regular intervals to ensure compliance with legislative requirements, identification of emerging community needs and gaps in service delivery. The 2014-2018 Plan has now been reviewed and updated to reflect the changes in legislation, updated policy, community needs and specialist consultation.

comments:	The Access and Disability Inclusion Plan provides a framework for Council to address access and disability inclusion across all of Council’s operations and to support its statutory obligations.

recommendation:	That: A. Council approve the proposed changes in the draft Access and Disability Inclusion Plan 2020 – 2024 and; B. The draft Plan be placed on exhibition for 28 days for community feedback, and resubmitted to Council following the public exhibition period.

Purpose of Report

To provide Councillors with the updated draft Access and Disability Inclusion Plan 2020-2024, and seek approval for a number of proposed changes to the updated Plan.

Background

In 2014, Council resolved to adopt the Access and Disability Inclusion Plan and was among the first Council’s in NSW to submit this document to the New South Wales Disability Council. Legislation requires that the Plan be reviewed at regular intervals to ensure compliance with legislative requirements, identification of emerging community needs and gaps in service delivery.

The 2014-2018 Plan has been reviewed and updated to reflect the changes in legislation, policy and changing community needs.

The 2016 Census data identified 22,015 Ku-ring-gai residents have a disability with many more people experiencing a range of access barriers throughout their lifetime. These access challenges may be experienced due to ageing, disability and illness, and also because of life stages such as parents needing to push a pram.

Comments

The Access and Disability Inclusion Plan provides a framework for Council to address access and disability inclusion across all of Council’s operations and to support its statutory obligations.

The draft Plan has been reviewed and some minor changes have been made which are summarised below:

· Updated demographic information and analysis for the in Ku-ring-gai Council area based on the 2016 Census data.

· Long term objectives in Council’s Community Strategic Plan and Delivery Program have been updated, primarily to reflect the new page numbers.

· The history section was updated to include the history of the 2014-2018 Plan

· Updated the Reviewing the Plan section on page 9 of the Access and Disability Inclusion Plan.

The actions and outcomes that have been added to the draft Plan are tabled below:

Area	Action	Outcome	Time
Streets and footpaths across the LGA	Tactile ground indicators (TGI) are installed following the Australian Standards.	Installation of tactile ground indicators are installed consistently across the LGA and are in-line with the Australian Standards. People who have vision impairment are able to safely navigate the LGA.	On-going
Streets and footpaths across the LGA	Kerb ramps are installed following Council’s standards and drawings.	New pathways have kerb ramps installed. Existing footpaths have kerb ramps installed/upgraded/replaced when maintenance is required on the footpath.	On-going
Streets and footpaths (high use pedestrian areas and town centre developments)	Implement the outdoor dining and footpath trading policy.	Traders and restauranteurs provide clear paths of travel for all pedestrians using footpaths, walkways and crossings.	On-going
Affordable, accessible and adaptable housing	Complete a housing study to identify the housing needs of all demographics and household structures within Ku-ring-gai.	The need for affordable, adaptable and accessible housing in the LGA is identified by the study. Council develops policy and controls that aim to increase the provision of adaptable and accessible housing to meet targets. A housing strategy is developed to manage growth and the changing housing needs of residents.
Community consultation and meetings	Provide information in an accessible and inclusive format that supports the needs of all community members to understand public information, community projects and community consultation.	Public information can be provided in plain English, video format, and audio clips to make information more accessible to community members. Captions can also be provided upon request.
Bush walking tracks	Document specific information on track conditions such as barriers on tracks and facilities available on tracks so that individuals can determine if the track is accessible to them.	Access to bushwalks is improved by providing information on Council’s website. Ku-ring-gai Council’s bushwalks are more inclusive.	2019-2022
Playgrounds	Develop a play strategy to guide future planning and funding allocation for play spaces. Ensure new playgrounds and major playground upgrades comply with relevant playground standards and legislation for safety and access for people who have a disability.	The play needs of today’s community will be addressed and will include access and inclusion considerations. Play equipment is provided to meet the need of children and their varying abilities. Recreation areas promote access and inclusion. Accessible playground information is made available on the Council’s website.	On-going
Accessible formats	Inclusive communication methods are used to assist the community to be able to understand Council’s communication.	Information is provided in plain English, community languages and video format and audio clips to make information more accessible. Captions are also available for Council meetings.	On-going
Annual Council events	Plan and promote inclusive community events to attract more people to attend the event and have a good experience at the event.	More people attend and stay at the event. People who have a disability and their families are able to attend the event and stay longer. A range of supports and aides are provided to people who have a disability so that they can participate in the event more fully. A sensory tent is available.	On-going
Employment opportunities for people who have a disability	Policies and procedure are developed to support the recruitment and retention of people who have a disability.	People who have a disability have equitable employment opportunities. All areas of employment are free from unlawful discrimination. The recruitment and interview stage for Council jobs will be adapted to accommodate the needs of people who have a disability. Reasonable adjustments are made to meet the needs of people who have a disability. Barriers to successful employment are identified and resolved where reasonable. Ku-ring-gai Council will reflect the diversity of the wider community

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C1.1.1 An equitable and inclusive community that cares and provides for its members.	C1.1.2 Access has increased for communities that face barriers to using social services and community facilities.	C.1.1.2.2 Implement Council’s Access Disability and Inclusion Plan.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C1.1.1 An equitable and inclusive community that cares and provides for its members.

C1.1.2 Access has increased for communities that face barriers to using social services and community facilities.

C.1.1.2.2 Implement Council’s Access Disability and Inclusion Plan.

Governance Matters

The Disability Inclusion Act (2014) states that each public authority such as Councils must have a Disability Inclusion and Action Plan. The NSW State Plan sets out four focus areas that must be addressed in Council’s Access and Disability Inclusion Plans. Ku-ring-gai Council’s Plan sets out goals, objectives and timeframes in each of the four focus areas that supports the inclusion of people who have a disability in the community.

Each quarter, action progress updates are provided on the implementation of Council’s Access and Disability Inclusion Plan. In addition, each year, progress reports are provided to the Minister and Local Councils NSW on the implementation of the Plan.

The key policy and legislative requirements that impact on Council’s planning for disability, access and inclusion are outlined below:

· Disability Access to Premises- Building Standards 2010

· Disability Inclusion Act- 2014

· Disability Discrimination Act-1992

· Australian Standards Design for Access and Mobility

· Commonwealth National Disability Strategy 2010-2020

· NSW Implementation Plan 2012-2014

Risk Management

The changes to the draft Access and Disability Inclusion Plan will help improve accessibility and inclusion. These improvements will help to mitigate the risk of complaints under the Disability Discrimination Act, as the proposed additions in the draft Plan will result in buildings, amenities, policies, procedures and events becoming more accessible and inclusive.

Financial Considerations

Each action contained within the draft Plan will be incorporated in Council’s Delivery Program and Operational Plan and Annual Budget process by the responsible Departments and financial considerations reported to Council as required. All programs and priority actions will be conducted within the yearly-allocated budget.

Social Considerations

People with disabilities face a number of barriers to participate fully in the social, economic, and civic life of our community. The draft Access and Disability Inclusion Plan aims to reduce these barriers through a range of actions and specified timeframes. These include:

· Getting around the community

· Health and well-being

· Employment of people who have a disability

· Housing choice

· Accessing information and communication

· Social inclusion

Environmental Considerations

Many of the actions listed in the draft Access and Disability Inclusion Plan aim to positively change the built environment, making it more accessible and inclusive for all members of the community.

The draft Plan seeks to ensure that any new buildings or structures within the community are accessible and inclusive. In addition, the draft Plan has actions within it that aim to make the natural environment more accessible to people who use walking aides or have health related limitations.

Community Consultation

Initial feedback on the revised draft Access and Disability Inclusion Plan was sought through a range of measures including consultation with various stakeholders in the community, mail out to service providers and meetings government department representatives.

It is proposed that the following consultation measures in accessible formats be included when seeking broad community feedback:

· Placed on 28 day public exhibition period

· Council’s website

· E-News

· Mayor’s column in the North Shore Times.

· A direct mail out community groups, disability services and interested residents requesting their feedback.

· Resident feedback survey

Internal Consultation

Individual meetings were held with the Community Development Officer for Disability Services and specialist officers and Managers responsible for actions within the Plan. Actions and timeframes were discussed to gauge if the actions are still relevant, if they had been completed or if there were changes required.

Summary

The draft Access and Disability Inclusion Plan aims to increase access and inclusion within the community. While only minor changes have been made, the draft Plan has been updated, in consultation with specialist from relevant departments and community members to reflect current policy and legislation.

Recommendation:

That:

A. Council approve the proposed changes in the draft Access and Disability Inclusion Plan 2020 – 2024 and;

B. The Plan be placed on public exhibition for 28 days and resubmitted to Council following the exhibition period.

Samantha Marren

Community Development Officer - Disability Services

Danny Houseas

Manager Community Development

Janice Bevan

Director Community

Attachments:

A1 ⇩

Access and Disability Inclusion Plan_Update 2019_08

2020/216305

Ordinary Meeting of Council - 25 August 2020	GB.3 / 100

Item GB.3	S02046/13
	24 July 2020

Local Government NSW Annual Conference 2020 - Registration, Voting Delegates and Call for Motions

EXECUTIVE SUMMARY

purpose of report:	To advise Council that registrations are now open for the Local Government NSW Annual Conference 2020, the criteria and deadline for the submission of Motions to be considered at the Conference, and for Council to determine its voting delegates at the Conference.

background:	The Conference will be held at the Crowne Plaza Hunter Valley from Sunday, 22 November 2020 to Tuesday, 24 November 2020. The Conference is the annual policy-making event for NSW general-purpose councils and associate members. It is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

comments:	The number of voting delegates for each Council is dependent upon population. Based on Ku-ring-gai’s population, Council is entitled to six (6) voting delegates in respect of motions. The deadline for motions to be received is Monday, 28 September 2020.

recommendation:	That: A. Councillors provide any proposed motions for submission to the 2020 Local Government NSW to the General Manager by Monday, 31 August 2020 and B. A report providing details of any proposed motions be referred to Council at its meeting on 22 September 2020, for approval prior to submission to LGNSW. C. Council determines its six (6) voting delegates in respect of motions at the Local Government NSW Annual Conference 2020; and D. Any other Councillors interested in attending the conference notify the General Manager by Monday, 31 August 2020.

Purpose of Report

Background

The Conference is the annual policy-making event for NSW general-purpose councils and associate members. It is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

Comments

Registration and Voting Delegates:

The Local Government NSW (LGNSW) Annual Conference will be held at the Crowne Plaza Hotel Hunter Valley, 430 Wine Country Drive, Lovedale from Sunday, 22 November 2020 to Tuesday, 24 November 2020.

At present, a draft program for the conference is available and has been appended to this report (Attachment A).

The number of voting delegates for each Council is dependent on population. Based on Ku-ring-gai’s population, Council is entitled to six (6) voting delegates in respect of motions being considered at the conference. In previous years, voting delegates in respect to motions have been the first six (6) Councillors who advise the General Manager after the meeting of their interest in both attending the conference and being a voting delegate.

The Election of Office Bearers and the Board occurs every second year and as 2019 was the last election year for LGNSW, there is no need to appoint voting delegates in this regard for 2020.

Calls for Motions:

LGNSW has advised that proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions and also encourages members to familiarise themselves with the existing principles and positions of LGNSW on issues of importance to the sector via the policy platform.

This policy platform consisting of Policy Principles and Position Statements is available at https://lgnsw.org.au/policy/policy-principles. Members should consider how proposed motions adhere to the policy principles or provide strong justification for a proposed motion which seeks to change LGNSW policy.

The Board has resolved that motions will be included in the Business Paper for the Conference only where they:

1. are consistent with the objects of the Association (see Rule 4 of the Association’s rules);

2. relate to Local Government in NSW and/or across Australia;

3. concern or are likely to concern Local Government as a sector;

4. seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6. are clearly worded and unambiguous in nature; and

7. do not express preference for one or several members over one or several other members.

LGNSW also encourages members to review Action Reports from previous conferences before submitting motions for the 2020 conference to ensure newly proposed motion wording reflects recent developments and does not duplicate existing positions.

Please note the Board will not include motions in the Business Paper which do not advance the local government policy agenda. Therefore a motion will not be included if it is operational, rather than strategic; a matter which could be actioned by LGNSW without going to Conference; not local government business; focused on a local issue only, or if the motion is consistent with longstanding actions of LGNSW and the Local Government and Shire's Association.

Each motion submission made via the online form should include:

1. Council name

2. Name and contact details of submitting Officer

3. Indicative category of the motion

4. Motion title

5. Motion wording

6. Background note explaining the rationale of the motion (max 1 or 2 paragraphs)

7. Indication of whether the motion conflicts with one or more of the Fundamental Principles

8. Attach evidence of council support for the motion (i.e. extract of the minutes of the meeting at which the member resolved to submit the motion for consideration by the Conference, or in the absence of a council meeting, a letter signed by the Mayor and General Manager)

Consistent with previous years’ Annual Conferences, the LGNSW Board has established a Motions Sub-Committee to delegate the function of managing incoming motions for the 2020 Annual Conference. The Chief Executive will refer motions to the Sub-Committee that are either deemed outside the criteria, or it is unclear whether they meet the criteria, and the Sub-Committee will make the final decision on inclusion of those motions into the Conference Business Paper.

Prior to the Sub-Committee making a final decision, LGNSW may contact the council which submitted the motion to seek clarity about its intent or wording.

Motions will be grouped into categories of like motions and you are asked to suggest a category when submitting each motion. The seven categories are:

1. Economic

2. Infrastructure

3. Planning

4. Environment

5. Social and Community

6. Governance of Councils

7. Accountability of Councils

In line with the LGNSW rules, members are requested to submit motions for possible debate by 12 midnight AEST, Monday, 28 September 2020 to allow printing and distribution of the Business Paper well in advance of the conference.

Any Councillor considering proposing a motion for the conference is encouraged to review the full information provided by LGNSW on their website: https://www.lgnsw.org.au/events-training/local-government-nsw-annual-conference/motions. LGNSW Policy Officer, Ms Elle Brunsdon, is available to assist Councillors prepare draft motions.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Council leads the community by advocating, influencing and participating in policy development to the benefit of the local area.

Council actively engages with stakeholder to inform the development of Council’s strategies and plans as appropriate.

Pursue opportunities to contribute to policy development affecting Ku-ring-gai at state and regional levels.

Governance Matters

The Policy for the Payment of Expenses and Provision of Facilities to Councillors provides for Council to meet the reasonable costs of Councillors attending conferences authorised by resolution of Council.

Submitting motions consistent with the requirements outlined above is a way for Council to engage and influence the Local Government policy agenda.

Risk Management

Nil.

Financial Considerations

Registration for attendance is currently open. The Early Bird registration cost is $840 and the standard fee is $940. Accommodation and travel costs are an additional expense.

Attendance is provided for in the Councillor’s conference budget in accordance with the Policy for the Payment of Expenses and Provision of Facilities to Councillors.

A sum of $22,600 has been included in the 2020/2021 annual budget for Councillors’ attendance at conferences during this period.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

None required or undertaken.

Internal Consultation

None required or undertaken.

Summary

The 2020 Local Government NSW Annual Conference will be held at the Crowne Plaza Hotel, Hunter Valley from Sunday, 22 November 2020 to Tuesday, 24 November 2020.

Council is asked to determine its voting delegates at the conference.

All LGNSW members are able to put forward motions to be considered at the conference.

The LGNSW Board seeks to ensure that the motions debate advances the sector wide policy agenda. Any Councillor considering proposing a motion for the conference is encouraged to review the full information provided by LGNSW on their website: https://www.lgnsw.org.au/events-training/local-government-nsw-annual-conference/motions.

Recommendation:

That:

A. Councillors provide any proposed motions for submission to the 2020 Local Government NSW to the General Manager by Monday, 31 August 2020;

B. A report providing details of any proposed motions be referred to Council at its meeting on 22 September 2020, for approval prior to submission to LGNSW;

C. Council determines its six (6) voting delegates in respect of motions at the Local Government NSW Annual Conference 2020; and

D. Any other Councillors interested in attending the conference notify the General Manager by Monday, 31 August 2020.

Michael Wearne

Manager Governance and Corporate Strategy

David Marshall

Director Corporate

Attachments:	A1⇩	Attachment 1 - LGNSW Annual Conference 2020 Draft Program		2020/213401
	A2 ⇩	Attachment 2 - LGNSW 2020 Annual Conference Motions Submission Guide		2020/213411

Ordinary Meeting of Council - 25 August 2020	GB.4 / 126

Item GB.4	FY00382/12

Delivery Program 2018-2021 and Operational Plan 2019-2020: June 2020 Bi-Annual Report

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2019-2020, for the period January to June 2020.

background:	Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 (six) months.

comments:	This report provides a summary of progress and performance for the Delivery Program 2018-2021 and Operational Plan 2019-2020 for the period January to June 2020.

recommendation:	That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2019-2020 be received and noted.

Purpose of Report

To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2019-2020, for the period January to June 2020.

Background

The Delivery Program 2018-2021 and Operational Plan 2019-2020 were adopted by Council on 25 June 2019. To assist the community in understanding Council’s programs, both the Delivery Program and Operational Plan are presented in the same document.

A progress report is required to be presented to Council on the principal activities in the Delivery Program every six months. Progress on the Operational Plan is also included in the review due to the plan’s important contribution to the Delivery Program and to provide Council with a comprehensive view of progress for the period.

This report provides six month progress results for one year tasks and three year term achievements as well as twelve month results for performance indicators.

Tied to this reporting, Council has received quarterly budget reports during 2019-2020 which provide data on the financial position of Council in terms of its income and expenditure, as well as the status of its adopted capital works program. The March quarter budget review for 2019-2020 was reported to Council’s Ordinary Meeting of 19 May 2020.

Comments

The June bi-annual report (Attachment A1) presents the organisation’s progress against term achievements, tasks and performance indicators in the Delivery Program and Operational Plan.

Reasons for delays and remedial actions are provided for term achievements and tasks behind schedule. Explanatory comments are provided for performance indicators not achieved. All Departments have provided progress comments and status updates for the attached report.

Financial information presented in the attached report is subject to the completion of the end of year financial review and external audit review, which will be reported to Council later this year as part of the audited Financial Statements for 2019-2020.

During the reporting period the organisation provided responses to the ongoing NSW bushfire emergency, a second storm event in February and local flooding. From March onwards State and Federal government health directives in relation to the COVID-19 pandemic required the temporary closure of a number of Council facilities and cessation of Council activities with significant impacts on the planned delivery of services and programs for 2019/20.

While impacted sections of the organisation adapted quickly to the COVID-19 restrictions, which were outside Council’s control, and implemented innovative solutions to deliver services and programs, this nevertheless resulted in modified and reduced delivery levels to those originally planned. As a record of the impacts of these events on the delivery of tasks in the Operational Plan 2019/20, as well as organisational responses, staff have provided commentary explaining the impacts, challenges and how they were addressed.

This work has resulted in more commentary being provided for a bi-annual review then normal, but provides a solid record of organisational responses, how challenges were addressed and key achievements.

The review also includes an assessment of those impacts on the completion of tasks, progress of term achievements and achievement of performance measures.

Summary of Performance

Due to the significant impact of the COVID-19 restrictions, outside of Council’s control, on the delivery of a number of services and programs during March to June, performance has been assessed on the basis of both including and excluding COVID-19 impacts.

· Inclusion of COVID-19 impacts

The impacts of the COVID-19 restrictions meant the reduced delivery of planned services and programs with resultant reductions in percentage progress for the reporting period. This included progress of tasks and term achievements, as well as the achievement of performance indicators. The results of these impacts are shown in the following table with overall performance below levels in previous years.

Performance results including COVID-19 impacts

Item	Green traffic light /tick	Amber traffic light	Red traffic light	White traffic light
Tasks	76%	21%	3%	1 task *
Term Achievements	75%	25%	Nil
Performance Indicators (1 year) **	66% achieved	-	34% not achieved

· Exclusion of COVID-19 impacts

A further assessment of performance was undertaken that identified those tasks, term achievements and performance indicators that would have achieved completion or their targets, based on previous bi-annual reviews and commentary from staff. The results, shown in the following table, indicate performance results significantly higher and consistent with levels achieved in previous years. The difference demonstrates the effect of the COVID-19 health restrictions on Council’s planned delivery of services and program in 2019/20.

Performance results excluding COVID-19 impacts

Item	Green traffic light /tick	Amber traffic light	Red traffic light	White traffic light
Tasks	90%	7%	3%	1 task *
Term Achievements	93%	7%	Nil
Performance Indicators (1 year) **	82% achieved	-	18% not achieved

The task* indicated with a white traffic light has not been included in % performance calculations.

· Explanation of traffic lights/ticks

Green traffic light /tick – completed (tick) or progressed to schedule

Amber traffic light – Behind schedule (Delayed performance progress with remedial action required.)

Red traffic light – Significantly behind schedule (Performance issues resulting in major delays. Actions to address issues included.)

White traffic light – Council resolved to not proceed OR place on hold.

Key achievements and challenges

Key achievements and challenges for the six month period January to June 2019 are listed in the draft bi-annual Report. In summary:

· The organisation responded to newly emerging needs within the community quickly due to the COVID-19 pandemic. With many programs put on hold, Council provided meaningful online activities that supported the most vulnerable communities.

· Staff successfully transitioned to working from home in a short timeframe, whilst continuing to maintain customer service standards for residents and customers.

· Staff successfully facilitated major changes to the way Council operated in response to the COVID-19 restrictions including enhancing remote working capacity, enabling video conferencing and expanding hardware and software requirements to meet changing demands.

· Council successfully communicated important health, safety and service information to the community during the period, initially in response to the bushfire crisis and storm damage and followed by the COVID-19 pandemic.

· The financial performance for the 2019/20 financial year has been regularly reviewed and monitored through the year. It is expected that Council will finish the year with a satisfactory operating result and within allocated budgets.

· Council’s comprehensive business engagement events program successfully transitioned to online forums due to the COVID-19 pandemic. The online series has been hugely popular with an increase in participants and workshops delivered.

· During the COVID-19 closure periods, the Library worked closely with Council’s Parking Rangers to deliver library materials to resident's homes during the closure. The Rangers managed to deliver an impressive 3,646 items to very grateful Ku-ring-gai residents over a 6 week period. This was an average of 610 items per week.

· Library funding was diverted to e-resources to satisfy the increased demand with specialist staff adopting digital technologies to stay in-touch with our community. Over 85,000 items were accessed, which included e-books, e-audio, e-magazines and e-comics, films and music streaming.

· Council developed a Life Online webpage to support the community through the COVID-19 pandemic and a Facebook page for environmental volunteers to share knowledge and experiences and improve communication.

· Council provided approximately $80,000 in grants to 20 community organisations to assist the provision of services and address emerging community needs as a result of COVID-19 restrictions.

Other achievements

· A development application for the refurbishment of the Marian Street Theatre was lodged.

· The draft Ku-ring-gai Housing Strategy was prepared and exhibited.

· Council launched the New Lunar New Year Festival in January 2020.

· The Cultural and Environmental Education Centre design consultancy was awarded with the commencement of design services.

· A fleet transition strategy to electric vehicles commenced, with one Hyundai Ionic, and two Renault Kangoos procured for an electric vehicle (EV) trial.

· Council`s Local Strategic Planning Statement, received final assurance from the Greater Sydney Commission and came into effect on 19 March 2020.

· Council adopted the planning proposal for a Consolidated Ku-ring-gai Local Environment Plan (LEP).

· Council was awarded $100,000 through the State Government Everyone Can Play initiative ($50,000 each project) for the playground upgrades at Abingdon Road, Lindfield and Kissing Point Village Green, South Turramurra.

· Council was successful in receiving $88,000 from the Crowns Land Showground Stimulus Program for a power upgrade at the St Ives Showground to support future regional events.

· The Warrimoo Downhill Mountain Bike Trail was reopened.

· A 29% reduction, compared to 2018/19, of Greenhouse gas emissions from Council operations.

· Council received $248,000 (for 50/50 funding) through the NSW Government’s Active Transport Program for constructing pedestrian facilities around schools in Ku-ring-gai.

· Council received funding for the Burns Road and Ellalong Road, North Turramurra 2020/2021 Black Spot Program.

· Council’s Annual Report for the 2018-2019 financial year received a gold award from the Australasian Reporting Awards for excellence in report content and presentation.

· Development of the Climate Change Policy and Action Plan as well as the adoption of the Recreation in Natural Areas Strategy.

integrated planning and reporting

Theme 6 – 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.

L1.1.1 - The priorities of our

community are reflected in the

Ku-ring-gai Community Strategic Plan and inform Council’s policy development, decision-making and program delivery.

L1.1.1.3 – Complete all statutory reporting required under the Local Government Act, 1993 and Integrated Planning and Reporting Framework.

Governance Matters

The NSW Division of Local Government’s Integrated Planning and Reporting guidelines and the Local Government Amendment (Planning and Reporting) Act, 2009, Section 404 of the Local Government Act, 1993 requires a progress report to be presented to the Council on the principal activities detailed in the Delivery Program and Operational Plan at least every six (6) months.

Risk Management

The preparation, reporting and consideration by Council on the progress of the Delivery Plan is undertaken every six (6) months.

Financial Considerations

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. Final Audited Financial Statements for 2019-2020 will be included in Council’s Annual Report 2019-2020, to be published in November 2020.

Social Considerations

On 26 June 2018, Council adopted a Community Strategic Plan (CSP) - Our Ku-ring-gai 2038, to address the long term needs and expectations of the community. The CSP also provided Council with the strategic direction to align its policies, programs and services and acted as a guide for other organisations and individuals in planning and delivering services for the area.

Environmental Considerations

There are no specific environmental impacts associated with the preparation of this report. A range of environmental initiatives continued to be progressed within the limits of the COVID-19 restrictions.

Community Consultation

Although no specific community consultation was undertaken for the preparation of this report, community engagement and consultation played a significant role in the delivery of services, programs, projects and actions as detailed in the bi-annual progress report.

Internal Consultation

All Departments have provided status updates and comments on the progress of term achievements, performance indicators and tasks as provided at Attachment A1.

Summary

The progress of the Delivery Program 2018-2021 and Operational Plan 2019-2020 are reported bi-annually to Council. This report includes progress comments for term achievements, tasks and performance indicators under each theme or principal activity area. Reasons for delays and proposed remedial actions are also provided.

All Departments have provided progress comments and status updates for the attached report.

Any financial information presented is subject to completion of the end of year financial review and external audit, which will be reported to Council later this year as part of the draft Financial Statements for 2019-2020.

Of particular importance for this bi-annual review was identifying and assessing the many challenges Council faced during the different emergency events that affected the Ku-ring-gai community, particularly COVID-19 in the period March to June. Our assessment indicates that, without the COVID-19 health restrictions, performance for the review period would have met or exceeded normal performance targets. The assessment, including COVID-19 impacts, indicates lower performance results when compared to previous years, and demonstrates the significant impact of the mandatory health restrictions on Council’s planned activities for 2019/20.

Recommendation:

That the report on the six (6) monthly progress review of the Delivery Program, 2018-2021 and Operational Plan 2019-2020 for the period of January 2020 to June 2020 be received and noted.

Helen Lowndes

Integrated Planning Coordinator

Michael Wearne

Manager Governance and Corporate Strategy

David Marshall

Director Corporate

Attachments:

Revised Delivery Program 2018-2021 and Operational Plan 2019-2020 - June 2020 bi-annual

Excluded

2020/230189

Ordinary Meeting of Council - 25 August 2020	GB.5 / 134

Item GB.5	FY00623/3
	6 August 2020

Investment Report as at 31 July 2020

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for July 2020.

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

comments:	The net return on investments for the financial year to July 2020 was $341,000, against an annual budget of $304,000 giving a year to date favourable variance of $37,000.

recommendation:	That: A. The summary of investments performance for July 2020 be received and noted and; B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

To present Council’s investment portfolio performance for July 2020.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Budget

The net return on investments for the financial year to 31 July 2020 was $341,000 against an annual budget of $304,000 giving a year to date favourable variance of $37,000 as shown in the table below.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of July 2020 was $195,903,000 compared to $198,843,000 at the end of June 2020, a net cash outflow of $2,940,000 was mainly due to creditor payments.

Three investments matured and three new investments were made during the month.

Investment Performance against Industry Benchmark

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

Table 1 - Investments Performance against Industry Benchmarks

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

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

Table 2 - Investments Portfolio Summary during July 2020

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The budget for interest on investments for the financial year 2020/2021 is $3,580,800. Of this amount approximately $2,514,600 is restricted for the benefit of future expenditure relating to development contributions, $671,800 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $394,400 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 31 July 2020:

· Council’s total cash and investment portfolio is $195,903,000.

· The net return on investments for the financial year to July 2020 was $341,000 against an annual budget of $304,000, giving a YTD favourable variance of $37,000.

Recommendation:

That:

A. The summary of investments and performance for July 2020 be received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Ordinary Meeting of Council - 25 August 2020	GB.6 / 141

Item GB.6	FY00623/3
	4 August 2020

Analysis of Land and Environment Court Costs - 4th 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 year ended 30 June 2020.

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 year ended 30 June 2020, Council’s legal and associated payments in relation to the Land and Environment Court were $1,892,040. This compares with the annual revised budget of $1,496,100.

recommendation:	That the analysis of Land and Environment Court costs for the year ended 30 June 2020 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 year ended 30 June 2020.

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 June 2020 there were 3 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 June 2020)	25

The appeals commenced during the year to 30 June 2020 concerned the following subject matters:

· Residential flat building

· Mixed use

· childcare centre

costs

For the year ended 30 June 2020, Council made payments of $1,892,040 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual revised budget of $1,496,100.

In addition to expenditure on appeals, a further amount of $24,881 was spent in obtaining expert advice regarding development assessment matters.

Land & Environment Court Costs 2016/2017 - 2019/2020
*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 (25 appeals lodged)	$1,892,040	$417,046	$446,071	$543,218	$485,705

* Costs reported to Council in previous reports

The costs incurred in the period to 30 June 2020 are greater than the annual revised budget of $1,496,100. It may be noted that of the costs recorded in the third quarter, $220,000 of that amount related to the resolution of an outstanding costs claim in the finalised Bunnings matter, one-off in nature. Ignoring this extraordinary expense, and taking into account the favourable exceedance of the costs recovered budget (below), the performance against budget equates to an unfavourable variation of $98,795, or 6.6% of the legal costs budget.

As noted above, the number of appeals lodged up until the most recent quarter 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 in recent periods appears to have led to urgency on the part of developers, with a particularly high number and proportion of appeals commenced at an early stage 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. Most recently, this situation has been exacerbated as a result of disruption caused by measures associated with COVID-19.

· Due to the abovementioned delays in the listing of Court-convened mediation conferences, the Court has required parties to participate in without-prejudice meetings in the meantime. These meetings have tended to result in additional iterations of amended plans being provided by applicants during the appeal process and therefore, additional costs.

Current delays in the Court have resulted in limited progress of many of the current appeals this financial year. 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 $219,545 had been recovered as at the end of the quarter to 30 June 2020 compared to an annual revised budget for costs recovered of $142,400.

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.

Seven matters were concluded during the quarter. A favourable outcome was achieved in all matters, all of which were resolved by agreement in each case in accordance with an amended proposal.

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 year ended 30 June 2020, Council made payments of $1,892,040 on Land & Environment Court appeals. This compares with the annual revised budget of $1,496,100.

Recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2020 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 June 2020 - Land and Environment Court Costs

2020/227387

Ordinary Meeting of Council - 25 August 2020	GB.9 / 182

Item GB.9	RFT9-2020

RFT9-2020 Kissing Point Village Green Playground Upgrade

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Kissing Point Village Green playground upgrade and to appoint the preferred tenderer.

background:	Council approved the funding for Kissing Point Village Green playground upgrade. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 7^th July 2020 and closed on the 28^th July 2020.

comments:	Council received fifteen (15) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

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

Purpose of Report

To consider the tenders received for Kissing Point Village Green playground upgrade and to appoint the preferred tenderer.

Background

Council approved the funding for Kissing Point Village Green playground upgrade. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 7^th July 2020 and closed on the 28^th July 2020.

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

Fifteen (15) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the fifteen (15) tenders received.

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing 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)

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

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

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

P6.1.1.1: Deliver Council’s adopted Open Space Capital Works Program.

Governance Matters

Tender documents were prepared and released through Tenderlink on 7^th July 2020 and closed on the 28^th July 2020. At the close of tender, fifteen (15) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the fifteen (15) tenders received. The evaluation considered:

· Conformity of submission,

· Lump sum fee,

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

· Availability – Start Date, methodology and estimated duration of work,

· Risk Management and Environmental

· Work Health and Safety

· Performance and Financial Assessment.

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)(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 construction be carried out by a contractor with the ability to provide a 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 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.

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 construction of the Kissing Point Village Green playground upgrade will be funded from the Section 7.12 Contribution Plan and the Infrastructure Facilities Reserve. An additional $50,000 has been obtained through a State Government grant ‘Everyone can play - Disability Access’

Social Considerations

On completion, the proposed work will provide a facility which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions including recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

Environmental Considerations

An Environmental Minor Works Assessment (MWA) has been undertaken and there were no significant impacts identified.

Community Consultation

Local residents were invited to make comment through a community consultation survey on the Kissing Point Village Green playground upgrade concept plan. The survey went to 605 residents within 500m of Kissing Point Village Green playground and received 71 responses. The final design was put on Councils website and replies were sent out to the 71 respondents’.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT9-2020 Kissing Point Village Green playground upgrade was released through Tenderlink on 7^th July 2020 and closed on the 28^th July 2020.

A Tender Evaluation Panel was formed consisting of representatives from the Operations Department. Council received fifteen (15) 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:

That:

A. Council accept the tender submission from Tenderer ‘A’ to carry out the Kissing Point Village Green playground upgrade.

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

C. The Seal of Council be affixed to all necessary documents.

D. 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	RFT9-2020 List of Submitters		Confidential
	A2	RFT9-2020 Kissing Point Village Green - Tender evaluation report		Confidential

Ordinary Meeting of Council - 25 August 2020	GB.11 / 197

Item GB.11	S12199

Post Exhibition - Consideration of Submissions - Consolidation of Development Control Plans (DCPS)

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the draft consolidated Ku-ring-gai Development Control Plan.

background:	Ku-ring-gai currently has two [2] development control plans (Ku-ring-gai Development Control Plan 2019 and Ku-ring-gai Local Centres Development Control Plan 2017) that support Ku-ring-gai’s Local Environmental Plans. In March 2020 Council resolved to consolidate Ku-ring-gai’s Local Environmental Plans into a single LEP. The proposed consolidation of Ku-ring-gai’s DCP’s into a single document aligns with this change. The consolidation is largely an administrative process.

comments:	The draft consolidated Ku-ring-gai Development Control Plan was placed on public exhibition for a period of 28 days, from Thursday, 4 June 2020 to Thursday, 2 July 2020. One submission was received.

recommendation:	That Council adopts the consolidated Ku-ring-gai Development Control Plan to come into effect at the same time as the consolidated Ku-ring-gai Local Environmental Plan.

Purpose of Report

For Council to consider the submissions received during the public exhibition of the draft consolidated Ku-ring-gai Development Control Plan.

Background

On 17 March 2020 Council resolved to adopt the Planning Proposal for the consolidation of Ku‑ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC) and Ku-ring-gai Local Environmental Plan 2015 (KLEP). The Planning Proposal has been submitted to the Department of Planning, Industry and Environment (DPIE) to be made in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

Development Control Plans (DCPs) help facilitate development and assist in achieving land use objectives in LEPs. Ku-ring-gai currently has two development control plans (DCP), one supporting each of Ku-ring-gai’s Local Environmental Plans (LEPs). Section 3.43(2) of the EP&A Act requires that only one DCP may apply in respect of the same land. In order to align with the new consolidated LEP when it is made, it is intended that the Ku-ring-gai Development Control Plan (KDCP) and Ku-ring-gai Local Centres Development Control Plan (KDCP LC) be consolidated into a single document.

The proposed new consolidated DCP will give effect to the aims and objectives of Ku-ring-gai’s new consolidated LEP. The consolidation will provide a direct link between the two single documents, with a single LEP and single DCP each covering the whole of the local government area. It is recommended that when the plan is finalised the consolidated Ku-ring-gai Local Environmental Plan and consolidated Ku-ring-gai Development Control Plan come into effect at the same time.

To consolidate Ku-ring-gai’s two DCPs, the KDCP LC was merged into the KDCP to form a single DCP. This included; updating references to the KLEP, updating references to the decimal section numbering of the Environmental Planning and Assessment Act 1979 (as amended), correcting formatting irregularities, consolidation of maps and images, and merging of Local Centres objectives to be present within the KDCP to form the new draft consolidated DCP.

Consolidation also included amendment to:

· Part 1 Introduction – inclusion of references to Local Centre land use zones and aims as detailed in KDCP LC.

· Part 14 Urban Precincts – inclusion of six urban sites from KDCP LC; St Ives Local Centre, Turramurra Local Centre, Pymble Local Centre, Gordon Local Centre, Lindfield Local Centre and Roseville Local Centre, along with their accompanying Masterplans.

· Part 13 Tree and Vegetation Preservation – updated references to current legislation.

· Part 25 Notification – removal of Part 25, with notification provisions now within the Ku-ring-gai Community Participation Plan adopted in December 2019.

· Holford Crescent, Gordon – following Council’s adoption of the consolidated KLEP, Council’s commitment to the retention and enhancement of Holford Crescent, Gordon made in the draft consolidated DCP with site specific controls included under Part 14J of the draft consolidated DCP.

Comments

The draft consolidated Ku-ring-gai Development Control Plan was publically exhibited from 4 June 2020 to 2 July 2020 (Attachment A1).

One submission was received. The submission discussed zoning and local business considerations of the Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra. The matters raised in this submission are not relevant to the exhibition of the consolidated DCP.

There were no further submissions.

45-47 Tennyson Avenue and 105 Eastern Road, Turramurra

On 28 July 2020 when Council resolved to adopt the Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra it also resolved the following:

The Ku-ring-gai Development Control Plan amendment associated with the Planning Proposal for 45-47 Tennyson Avenue and 105 Eastern Road came into effect on 5 August 2020. To be consistent with the merging of Ku-ring-gai’s two DCPs, the site specific controls for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra, have been added to the consolidated Ku-ring-gai Development Control Plan, maintaining the new KDCP Amendment in the new proposed Plan.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P1.1 Ku-ring-gai’s unique visual character and identity is maintained.	P1.1.1 Strategies, plans and processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character.	Continue to review the effectiveness of existing strategies, plans and processes across all programs.
P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.	P2.1.1 Land use strategies, plans and processes are in place to effectively manage the impacts of new development.	Implement and monitor the Local Environmental Plans and supporting Development Control Plans.
P5.1 Ku-ring-gai’s heritage is protected, promoted and responsibly managed.	P5.1.1 Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets.	Implement, monitor and review Ku-ring-gai’s heritage planning controls.

Governance Matters

The process for preparing development control plans is governed by provisions within the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

For the preparation of development control plans under s3.41[1] of the EP&A Act, Council acts as the relevant planning authority. Under s3.34[1] of the EP&A Act preparation of development control plans is required to provide guidance for development carried out by local environmental plans. Council may amend development control plans by a subsequent development control plan.

Clause 21(1) of the Environmental Planning and Assessment Regulation 2000 outlines that after considering any submission about a draft Development Control Plan, Council may:

(a) Approve the plan in the form in which it was publicly exhibited; or

(b) Approve the plan with alterations; or

Clause 21(4) of the Environmental Planning and Assessment Regulation 2000 outlines that a development control plan comes into effect on the date that public notice of its approval is given on Council’s website, or on a later date specified in the notice. It is recommended that the consolidated Ku-ring-gai Development Control Plan comes into effect on the same day that the consolidated Ku-ring-gai Local Environmental Plan comes into force. That date is yet to be determined.

Risk Management

By consolidating Ku-ring-gai’s two DCPs it will reflect the recently consolidated LEP, providing a clear relationship between the LEP and its supporting DCP. This will assist to reduce complexity of the local planning system and allow Council to more efficiently deliver on future strategic planning decisions guided by the North District Plan.

Financial Considerations

The cost of preparing and exhibiting the consolidated DCP is covered by the Strategy and Environment operational budget.

Social Considerations

Social issues cover all aspects of human life, including how we live, our culture, our community, health, wellbeing and aspirations. It is not expected that the new consolidated Ku-ring-gai Development Control Plan will result in any adverse social impacts.

Environmental Considerations

The consolidation of the KDCP and KDCP LC will not result in any adverse environmental impacts. All existing environmental provisions within the DCPs are retained.

Community Consultation

The draft consolidated Ku-ring-gai Development Control Plan was publically exhibited for a period of 28 days from 4 June 2020 to 2 July 2020.

An advertisement was placed in the Sydney Morning Herald on Wednesday, 3 June 2020. The exhibition material was available on Council’s website, and in hard copy at Customer Service.

Internal Consultation

Council officers from Strategy and Environment, Development & Regulation and Operations Departments were consulted with during the preparation of the consolidated DCP and this report.

Summary

Ku-ring-gai currently has two DCPs that support Ku-ring-gai’s LEPs to guide development across the local government area. The consolidation of the KLEP and KLEP LC into a single LEP applying to the whole local government area provides need for the supporting DCPs to be consolidated into a single platform in order to align with this change. This facilitates more efficient administration to help achieve NSW Government planning objectives and assists in reducing complexity within the local planning system.

The draft consolidated Ku-ring-gai Development Control Plan was publically exhibited from 4 June 2020 to 2 July 2020. Only one submission was received, the matters raised in this submission were not relevant to the consolidated DCP exhibition.

Recommendation:

That:

A. Council adopt the consolidated Ku-ring-gai Development Control Plan in Attachment A1.

B. The consolidated Ku-ring-gai Development Control Plan is to come into effect at a time as the Ku-ring-gai’s consolidated Local Environmental Plan comes into effect.

C. Council’s adoption of the consolidated Ku-ring-gai Development Control Plan be notified on Council’s website in accordance with Clause 21(4) of the Environmental Planning and Assessment Regulation 2000.

D. Delegation be given to the General Manager and Director Strategy and Environment to correct any inconsistencies or errors in the consolidated Development Control Plan prior to it coming into effect.

Bethany Lane

Student Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Ku-ring-gai Consolidated DCP Part 1 - Council Report August 2020	Excluded	2020/230390
	A2	Ku-ring-gai Consolidated DCP Part 2 - Council Report August 2020	Excluded	2020/230431
	A3	Ku-ring-gai Consolidated DCP Part 3 - Council Report August 2020	Excluded	2020/230432
	A4	Ku-ring-gai Consolidated DCP Part 4 - Council Report August 2020	Excluded	2020/230435
	A5	Ku-ring-gai Consolidated DCP Part 5 - Council Report August 2020	Excluded	2020/230436

Draft Ku-ring-gai Retail and Commercial Centres Strategy

EXECUTIVE SUMMARY

purpose of report:	To seek Council endorsement to place the draft Ku-ring-gai Retail and Commercial Centres Strategy on public exhibition.

background:	The current Retail Centres Study for Ku-ring-gai was undertaken in 2005 by Hill PDA. The Ku-ring-gai LSPS includes an action to prepare a new retail/commercial centres strategy to align with population growth and address retail supply and demand in Ku-ring-gai.

comments:	Consultants AEC Group were engaged to undertake a retail and commercial centres strategy for Ku-ring-gai to: · understand the current state of the centres including current and future demand and supply of retail and commercial space; · understand the impact of retail trends and drivers; · identify the key issues for the centres; and · develop an evidence base to inform decisions about centres particularly regarding centre hierarchy and roles of centres. The strategy also takes into consideration the impacts of the Covid 19 Pandemic.

recommendation:	That Council endorses the draft Ku-ring-gai Retail and Commercial Centres Strategy for public exhibition.

Purpose of Report

To seek Council endorsement to place the draft Ku-ring-gai Retail and Commercial Centres Strategy on public exhibition.

Background

Ku-ring-gai Retail Centres Study 2005

A retail centres study for Ku-ring-gai was undertaken in 2005 by Hill PDA. The study analysed the retail / commercial centres, assessed their function and performance and provided directions and priorities for planning and future implementation measures to help Council best manage the future direction, role and functions of the centres for the benefit of local businesses and residents.

The recommendations from this study were used to inform the development of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 and Ku-ring-gai Local Environmental Plan 2015.

Ku-ring-gai Local Strategic Planning Statement (LSPS) March 2020 and Community Strategic Plan 2038

The Ku-ring-gai Local Strategic Planning Statement identifies the following Local Planning Priority and associated Action in relation to retail and commercial centres:

· Local Planning Priority K25. Providing for the retail and commercial needs of the local community within Ku-ring-gai’s centres.

Action: Prepare a Retail/Commercial Centres Strategy to align with population growth and address retail supply and demand in Ku-ring-gai, including the following:

- establish a centres hierarchy and investigate the inter-relationship between centres, and their roles and functions;

- future demand for retail and commercial floor space in the context of population growth, demographic changes and retail trends;

- assessment of impact and influence of nearby strategic centres e.g. Hornsby and Macquarie Park.

The revitalisation of the primary local centres has been identified as a long-term objective in Council’s Community Strategic Plan 2038, as follows:

· P4 Revitalisation of our centres

· 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

Comments

AEC Group were engaged in September 2019 to prepare a retail and commercial centres strategy for Ku-ring-gai. A copy of the draft Ku-ring-gai Retail and Commercial Centres Strategy is included at Attachment A1 to this report.

Objectives of the Strategy

The objectives of the Strategy are to:

· Understand the identity, character, size and land use mix, function, catchment and potential of each centre;

· understand the hierarchy of centres within Ku-ring-gai, and the relationship to the North District;

· identify strengths, weaknesses, constraints and potential opportunities for future growth;

· understand current and likely future retail and commercial land use patterns, trends and drivers in the retail market and changes to business and employment type;

· identify where demand for additional retail / commercial floorspace may be required in response to population growth;

· develop an evidence base to inform policy decisions about retail / commercial centre, particularly regarding centres hierarchy, roles of centre and future growth options;

· identify future planning responses to deliver the outcomes of the Retail / Commercial Centres Strategy e.g. amendments to the LEP/DCP;

· ensure an integrated approach to centre planning throughout Ku-ring-gai.

The draft strategy also takes into account the impacts of Covid 19 pandemic on the retail and commercial sectors insofar as that is possible at this stage of the pandemic.

Overview of Centres

Ku-ring-gai has 22 centres ranging in size, and one designated business park. Overall, the centres comprise 1,460 shopfronts and tenancies, totalling 284,782sqm. Of this around 96,000sqm is used for retailing and 157,427sqm is used for commercial and other non-retail services, and 31,427sqm is vacant.

Retail Floorspace in Ku-ring-gai and Demand

Retail floorspace in Ku-ring-gai is currently predominantly strip retailing. The highest provision of retail floorspace in Ku-ring-gai is St Ives, with the St Ives Village shopping centre. There are no regional or sub-regional centre, no bulky good clusters, no dedicated large format retail facilities or limited cinemas and entertainment facilities. Accordingly, residents must leave the LGA to the neighbouring regional centres of Macquarie, Chatswood and Hornsby when they need to purchase higher-order goods. As such, it is estimated that the total escape expenditure is estimated at approximately 62% across Ku-ring-gai. This is up from the 43% escape expenditure identified in the 2005 study.

Table 1 – Retail floorspace – projected demand and supply 2019-2036

There is currently an undersupply of 35,000sqm of retail floorspace within Ku-ring-gai, and based on the projected population increases to 2036, this deficit will increase to 43,000sqm of retail floorspace by 2036.

The existing provision of supermarket floorspace is lower than the metropolitan Sydney and Australian benchmark. One full-line supermarket typically requires 8,000-10,000 persons in order to be sustainable. This indicates that 13 full line supermarkets are currently supportable in the LGA, increasing to 15 by 2036.

Commercial Floorspace in Ku-ring-gai and Demand

Commercial and other non-retail floorspace is provided both in the Pymble Business Park and within the centres. The majority of non-retail floorspace is dedicated to business services (e.g. accounting, legal and other corporate services), and health and medical related businesses.

Pymble Business Park has an estimated floorspace of approximately 81,000sqm, with 55% being dedicated to commercial floorspace, and the other uses include small retail tenancies, and storage facilities. There is a vacancy rate of approximately 16.3%. The estimated commercial floorspace in the centres is 92,300sqm, comprising service based local firms, health and medical related businesses and larger commercial operators. Of the local centres, Gordon provides the largest commercial floorspace. There is also substantial provision of commercial floorspace in Sydney Adventist Hospital precinct at Fox Valley, Wahroonga.

Table 2 – Commercial floorspace – projected demand and supply 2019-2036

The current quantum of commercial and other non-retail floorspace is estimated to be sufficient to meet projected demand until 2036. The issues with commercial floorspace within Ku-ring-gai is not whether there is sufficient supply, but the quality of supply. The existing commercial stock is aged and deteriorating in quality, resulting in high vacancy rates and an oversupply of commercial floorspace.

Centres Hierarchy

The strategy recommends a centres hierarchy as depicted in Table 3 and Image 1 below. The hierarchy provides a clear definition of the vision, role and function of the centres within Ku-ring-gai LGA. Gordon Centre has been identified as the major centre, as the civic, cultural and commercial heart of Ku-ring-gai and is the highest order centre in the LGA, and provides the largest mix of retail, commercial, administrative and community facilities. St Ives, Lindfield and Turramurra are identified as primary local centres.

Table 3 – Proposed Centres Hierarchy

Image 1 – Centres Hierarchy

Vision, Recommendations and Actions

The vision for the centres is to provide 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.

The Strategy has identified key issues impeding the regeneration of the centres:

· Land and development constraints – these include high fragmentation of ownership, the prohibitive cost of consolidating land, the Pacific Highway dissecting the centres, and development approvals are costly and a high risk for developers.

· Issues in the functionality of the centres – these include undersupply of retail floorspace in the centres, high vacancies in commercial spaces (particularly Pymble Business Park), high escape expenditure to neighbouring centres, lack of large format retail facilities and ageing retail facilities.

The recommendations in the Strategy include:

1. promote mixed-use development in the centres whilst mandating minimum levels of commercial and retail;

2. investigate increases in FSR and Building Heights within the B2 Local Centre zones;

3. provide a flexible approach to planning controls;

4. provide incentives for investment;

5. facilitate improvement of the retail offering;

6. encourage entertainment facilities in the centres higher up in the hierarchy to create a night-time economy;

7. prioritise unlocking major developments of Gordon Centre and St Ives Shopping Centre; and

8. prioritise a specific study for Pymble Business Park to investigate the most appropriate future uses for this area.

integrated planning and reporting

Theme 3 – Places, Spaces and Infrastructure and Theme 5 – Local Economy and Employment

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 Prepare plans and strategies as required by the Greater Sydney Commission’s North District Plan

E1.1 Ku-ring-gai is an attractive location for business investment

E1.1.1 Ku-ring-gai’s opportunities and assets are promoted and strengthened to attract business and employment in the area

E1.1.1.5 Prepare a Retail and Commercial Centres Strategy for Ku-ring-gai

Governance Matters

Section 3.8 of the Environmental Planning and Assessment Act requires Councils to ‘give effect to’ the district strategic plan, being the North District Plan. The North District Plan identifies principles for place-based planning in centres are:

· to protect or expand retail and/or commercial floor space; and

· to protect or expand employment opportunities

The Ku-ring-gai LSPS includes the Local Planning Priority K25: Providing for the retail and commercial needs of the local community within Ku-ring-gai’s centres.

Risk Management

There is projected growth in retail demand within Ku-ring-gai, however by not appropriately planning for this growth it is unlikely that the growth will be captured in the LGA and the following is likely to result:

· deteriorating commercial and retail buildings;

· higher vacancies;

· reduction of jobs in the LGA;

· increase in escape expenditure to neighbouring centres, such as Macquarie and Chatswood; and

· reduced investment and reduced amenity.

Financial Considerations

The draft Ku-ring-gai Retail and Commercial Centres Strategy was funded through the Urban Planning, Strategy and Environment budget allocated for the implementation of the LSPS.

Social Considerations

Ku-ring-gai’s centres play a vital role to both the financial and social needs of the community. The centres provide a diverse mix of office, retail, support services, community facilities and transport connections. It is essential to ensure the hierarchy of centres provides for the retail needs of the community with access to day-to-day services close to where people live.

Environmental Considerations

There are no direct environmental considerations as a result of this report.

Community Consultation

As part of the preparation of the draft strategy, AEC undertook engagement with key stakeholders in Ku-ring-gai’s retail and commercial centres, representing a cross section of organisations including developers, occupiers, and advocates in the retail and commercial sector. The engagement was undertaken to understand the challenges and opportunities, and a summary of the key matters including general comments, land constraints, retail environment and Pymble Business Park, is included at Section 4.12 of the draft strategy.

This report seeks endorsement of the draft Ku-ring-gai Retail and Commercial Centres Strategy for public exhibition.

Internal Consultation

A staff briefing was held on 29 July 2020. A Councillor briefing was held on 4 August 2020.

Summary

The current Retail Centres Study for Ku-ring-gai was undertaken in 2005 by Hill PDA.

The Ku-ring-gai LSPS includes an Action to prepare a new retail/commercial centres strategy to align with population growth and address retail supply and demand in Ku-ring-gai as a short term (2 year) action.

AEC Group have been engaged to undertake a Retail and Commercial Centres Strategy for Ku-ring-gai to:

· understand the current state of the centres, including currently and future demand and supply of retail and commercial space;

· understand the impact of retail trends and drivers;

· identify the key issues for the centres; and

· develop an evidence base to inform decisions about centres particularly regarding centre hierarchy and roles of centres.

The strategy also takes into consideration the potential impacts of the Covid19 Pandemic.

Recommendation:

That:

A. Council endorse the draft Ku-ring-gai Retail and Commercial Centres Strategy for public exhibition;

B. The draft Ku-ring-gai Retail and Commercial Centres Strategy be placed on public exhibition for a period of 28 days;

C. A report be brought back to Council following the conclusion of the public exhibition.

Alexandra Plumb

Acting Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Draft Retail and Commercial Centres Strategy

2020/227194

Ordinary Meeting of Council - 25 August 2020	GB.12 / 330

Item GB.12	CY00413/8

Heritage Reference Committee Minutes and reallocation of declined Heritage Home Grants funds

EXECUTIVE SUMMARY

purpose of report:	To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meetings held on 4September 2019 and 21 May 2020, and to reallocate $1,000 of declined funds from the Heritage Home Grants Program 2020/21 to another suitable applicant.

background:	Council is required to consider and receive the minutes of the Heritage Reference Committee and to make them publically available via Council’s website. HRC minutes are confirmed by HRC prior to being presented to OMC. The allocation of Heritage Home Grants funding for 2020/21 was adopted at the 28 June 2020 OMC.

comments:	The HRC minutes under consideration are attached. Heritage Home Grant applicant 26 Treatts Road Lindfield was allocated $1,000 in grant funding at the 28 June 2020 OMC, which they have since declined. A viable back-up funding recipient, 1 Frances Street, Lindfield, was considered by the HRC on 7 July 2020 in the context of discussions that a different applicant was considering withdrawing their application (this did not occur).

recommendation:	That: A. Council receives and notes the HRC minutes from 4 September 2019 and 21 May 2020. B. The declined $1,000 in Heritage Home Grants Funding previously allocated to 26 Treatts Road, Lindfield, be reallocated to 1 Frances Street, Lindfield.

Purpose of Report

Background

Council is required to consider and receive the minutes of the HRC and to make them publically available via Council’s website. HRC minutes are confirmed by HRC prior to being presented at the OMC.

The 4 September 2019 minutes were not considered earlier due to the cancellation of HRC meetings between September 2019 and May 2020 meeting due to covid restrictions. During the 21 May HRC meeting, the 4 September 2019 minutes were confirmed by the HRC. The minutes for the 21 May 2020 HRC meeting were confirmed at the 7 July 2020 HRC meeting.

The allocation of Heritage Home Grants funding for 2020/21 were adopted at the 28 June 2020 Ordinary Meeting of Council.

Comments

The minutes under consideration have been attached to this report as Attachment A1 and Attachment A2.

Heritage Home Grant applicant 26 Treatts Road, Lindfield was allocated $1,000 in funding at the 28 June 2020 OMC as referenced in Attachment A3, which they have since declined. A viable back-up funding recipient, 1 Frances Street, Lindfield, was considered by the HRC on 7 July 2020 in the context of discussions that a different applicant was considering withdrawing their application (this did not occur). The proposed works at 1 Frances, Lindfield are for the like-for-like replacement of four timber gates at a total cost of $7,242.00.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets

Implement, monitor and review Ku-ring-gai’s heritage planning provisions.

Identify gaps in existing strategies and plans.

Governance Matters

Consisting of five members, the Heritage Reference Committee includes Councillors, heritage practitioners and community members.

The Committee provides advice on heritage matters and assists with the promotion, understanding and appreciation of heritage. While not a decision-making body, the Committee nevertheless plays an important function in shaping Ku-ring-gai's future. This Committee is also an important link in Council's communication strategy with the community.

A vacancy of the Ku-ring-gai Historical Society has occurred as a result of the recent resignation of Ms Jennifer Harvey. Accordingly, the Ku-ring-gai Historical Society is being consulted on another representative for the HRC and this will be reported back to Council.

Risk Management

In providing advice and recommendations to Council on the management of strategic heritage issues in Ku-ring-gai, this Committee assists in the future management of Ku-ring-gai’s cultural heritage.

Financial Considerations

The costs of running the Heritage Reference Committee are covered by the Strategy and Environment Department’s budget.

Social Considerations

The aims of the Heritage Reference Committee are to provide advice to Council on heritage matters and to provide assistance to Council in promoting an understanding and appreciation of heritage, including matters of social heritage significance.

Environmental Considerations

A role of the Heritage Reference Committee is to support Council in identifying and managing Ku‑ring-gai’s Cultural Heritage.

Community Consultation

The Heritage Reference Committee meets on a monthly basis or as required and notification of meetings is provided on Council’s website.

Internal Consultation

The Heritage Reference Committee includes Councillors and heritage practitioners and is facilitated by Council staff. Where relevant, consultation with other Departments may occur in particular with Council’s heritage advisors in Development Assessment.

Summary

Council is required to consider and receive the minutes of the HRC and to make them publically available via Council’s website. HRC minutes are confirmed by HRC prior to being presented at the OMC.

The allocation of Heritage Home Grants funding for 2020/21 was adopted at the 28 June 2020 OMC.

Recommendation:

That:

A. Council receive and note the Heritage Reference Committee minutes from 4 September 2019 and 21 May 2020;

B. The declined $1,000 in Heritage Home Grants Funding previously allocated to 26 Treatts Road, Lindfield at OMC 28 July 2020 be reallocated to 1 Frances Street, Lindfield.

Olivia Turner

Student Heritage Planner

Vanessa Holtham

Heritage Planner Specialist

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Minutes of Heritage Reference Committee Held on Thursday 21 May 2020 pdf vers	2020/227000
	A2⇩	Notes of Heritage Reference Committee held on Wednesday 4 September 2019 pdf vers	2020/227001
	A3⇩	HRC Recommendations report to Council - Table Summary of Recommended Funding Allocation	2020/199585

Ordinary Meeting of Council - 25 August 2020	MM.1 / 30

Item MM.1	S06038

Ordinary Meeting of Council - 25 August 2020	GB.2 / 94

Item GB.2	FY00275/12
	16 April 2020

Ordinary Meeting of Council - 25 August 2020	GB.7 / 157

Item GB.7	FY00259/13
	31 July 2020

Ordinary Meeting of Council - 25 August 2020	GB.8 / 171

Item GB.8	CY00458/8

Ordinary Meeting of Council - 25 August 2020	NM.1 / 340

Item NM.1	S11660

Ordinary Meeting of Council - 25 August 2020	NM.2 / 342

Item NM.2	DA0134/18