Agenda of Ordinary Meeting of Council - Tuesday, 8 December 2020

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 8 December 2020 AT 7:00pm

Level 3, Council Chamber

Agenda

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

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 following confidential report(s) and attachments:

C.1 Lindfield Village Hub Tender Negotiations Update

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

Attachment 1: OMC Attachment 1 - CBRE - LVH Alternative Structure Aug 2020

Attachment 2: OMC Attachment 2 - CBRE - Indicative Guidance

Attachment 3: OMC Attachment 3 - Fabcot - 13 November Revised Offer

Attachment 4: OMC Attachment 4 - CBRE - Initial Analysis 20 November 2020

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.12 RFT10-2020 828 Pacific Highway Gordon – Lifts Replacement

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

Attachment 1: RFT10-2020 List of Submitters

Attachment 2: RFT10-2020 Tender Evaluation Report

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 9

File: S02131

Meeting held 17 November 2020

Minutes numbered 210 to 226

minutes from the Mayor

MM.1 Local Government and Ethical Lobbying 25

File: CY00473/7

Councillors are frequently required to make decisions that have long lasting effects on the entire community. As a result, we are often lobbied by people who seek to influence the decision making process. Lobbying may be conducted directly by individuals or organisations, or via a third party ‘lobbyist’ who is engaged to lobby on their behalf. Other Council officials may also be lobbied, such as committee members and staff.

Nonetheless, lobbying activities should be carried out ethically, transparently and fairly. Occasionally there may be attempts to improperly influence Council decision-making and obtain preferential consideration or treatment based on factors other than the merits of a matter. Councillors and other Council officials should take care that their duty to consider issues fairly and properly is not compromised by participating in lobbying practices that are outside the bounds of appropriate or lawful behaviour. Other levels of government and some local councils have implemented specific controls over the activities of lobbyists engaged to act on behalf of third-party clients, including requirements for registration and expected behaviour. Amongst other things, this allows officials who are approached by lobbyists to establish whose interests they represent, so that informed judgements can be made about the outcome they are seeking to achieve.

ICAC provided the following examples of inappropriate or unlawful conduct that may occur during the lobbying process:

· accepting undisclosed payments or benefits whilst making a decision that affects the gift giver’s interests

· accepting a political donation in return for the favourable exercise of discretion during decision-making

· granting access to a particular individual or group while unreasonably denying similar access requested by another party

· fettering discretion by giving undertakings to an interested party prior to considering all the information relevant to a decision

· acting in a manner that exceeds the role of a councillor as defined in section 232 of the Local Government Act, such as by directing council staff over the content of any advice or recommendation on a council matter

· disclosing confidential information

· being unduly influenced by factors that are irrelevant to the merits of the matter under consideration.

It is always the aim of this Council to ensure that all decisions are legal, ethical and impartial. Therefore, Council should implement an Ethical Lobbying Policy including the requirement for a Register of Lobbyists. This policy should at a minimum:

· include a definition of “lobbying activities” and “lobbyist”, for the purposes of this policy;

· outline disclosure requirements for lobbyists via a Register of Lobbyists;

· provide guidelines for expected behaviour of lobbyists, councillors and other Council officials; and

· outline appropriate and inappropriate lobbying, whether that is conducted directly by the persons concerned or by a third party lobbyist.

The implementation of an Ethical Lobbying Policy and corresponding Register of Lobbyists would send a strong message to the community that Ku-ring-gai Council is dedicated to creating further transparency, whilst increasing public trust and confidence in its decision-making processes.

I therefore put forward the following recommendation:

Recommendation:

That a Draft Ethical Lobbying Policy be prepared and reported back to Council.

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 CODE OF CONDUCT - COMPLAINT STATISTICS 27

File: S08447

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 for the twelve months to 31 August 2020.

Recommendation:

That the report under Part 11 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 be received and noted.

GB.2 Delegations for Council Recess December - January 2020/21 33

File: CY00259/12

To grant delegations during the December – January Council recess period for 2020/21 to ensure the efficient operation of Council business during this time.

Recommendation:

That, subject to any delegations already granted by Council, the authority of Council be delegated to the Mayor, Deputy Mayor and the General Manager for the 2020/21 December-January recess period.

GB.3 Amended Code of Meeting Practice 37

File: S02211

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

Recommendation:

That Council adopt the Ku-ring-gai Council Code of Meeting Practice (Attachment A1) to replace the current Code adopted in June 2019, and that it take effect from 9 February 2021.

GB.4 Amendments to the Model Code of Conduct and Adminstrative Procedures 102

File: S11503

To brief Council on the required changes to Ku-ring-gai Council’s Code of Conduct and Procedures for the Administration of the Code of Conduct (The Procedures) in accordance with advice from the Office of Local Government (OLG) in order to facilitate adoption of the revised documents.

Recommendation:

That Council adopt the revised Code of Conduct and Procedures for the Administration of the Code of Conduct.

GB.5 Fraud & Corruption Control Policy 188

File: S11503

To brief Council on the draft Fraud & Corruption Control Policy in order to facilitate its adoption.

Recommendation:

That:

A. The Fraud & Corruption Control Policy be placed on public exhibition for a period of 28 days and should any submissions be received, the matter be reported back to Council after the consultation period.

B. Should no submissions be received, Council adopt the policies.

GB.6 Draft Ku-ring-gai Local Character Study - for exhibition 208

File: S12657

Seeking Council endorsement to place the draft Ku-ring-gai Local Character Study on public exhibition.

Recommendation:

This report recommends that Council adopts this draft Study for exhibition; that Council undertakes further community engagement including workshops with residents to discuss and develop desired future character statements for the proposed Broad Character Areas; and that staff report the final Study to Council before end of June 2021.

GB.7 Draft Local Centres Public Domain Plan - Turramurra, Gordon and Lindfield 272

File: S12249

To seek Council approval to exhibit the draft Ku-ring-gai Local Centres Public Domain Plan.

Recommendation:

That Council adopts the draft Ku-ring-gai Local Centres Public Domain Plan for public exhibition and after the exhibition a further report be brought back to Council.

GB.8 Lindfield Local Centre - Eastern Precinct - Streetscape Upgrade Program 283

File: S12474

To seek Council approval to place on public exhibition the draft concept designs for upgrade works to key streets and lanes on the eastern side of Lindfield Local Centre.

Recommendation:

That Council adopts the draft concept designs for upgrade works to key streets and lanes on the eastern side of Lindfield Local Centre for public exhibition and that the results be reported back to Council.

GB.9 Report on Public Exhibition Draft Ku-ring-gai Retail and Commercial Centres Strategy 296

File: S12956

To update Council on the public exhibition of the draft Retail and Commercial Centres Strategy and for Council to consider the submissions received.

Recommendation:

That Council receive and note the submissions received.

GB.10 Heritage Reference Committee Dates 2021 320

File: CY00413/8

To determine the Ku-ring-gai Heritage Reference Committee dates for 2021.

Recommendation:

That the Ku-ring-gai Heritage Reference Committee meetings for 2021 be scheduled monthly and that meetings are only be held as required.

GB.11 Royal Commission into the 2020 Bushfires and NSW Bushfire Inquiry 324

File: S06373

To advise Council on the relevant findings and recommendations from the NSW Bushfire Inquiry and the Royal Commission into Natural Disaster Arrangements (Bushfire) Final Reports, particularly with reference to future fire management trends and the role of local government.

Recommendation:

That Council receive and note the contents of this report.

GB.12 RFT10-2020 828 Pacific Highway Gordon - Lifts Replacement 341

File: RFT10-2020

To consider the tenders received for 828 Pacific Highway Gordon – Lifts Replacement and to appoint the preferred tenderer.

Recommendation:

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

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Amendment to the Outdoor dining policy 346

File: S11530/2

Notice of Motion from Councillor Kelly dated 13 November 2020

   After an internal review of the outdoor dining policy following a couple of incidents earlier
   this year, it was decided to temporarily suspend the requirement for businesses to
   subscribe to a permit for outdoor dining until council had reviewed, amended and adopted
   the policy, making it more suitable for the current circumstances.

Then COVID-19 enveloped us and there was the conflicting interests of keeping people socially distant with allowing enough business to pass through to allow a business to survive. Maybe not prosper, but survive.

I took it upon myself to canvass a number of small business owners in the LGA and they were struggling. Some that were originally geared for dine-in only business were struggling to adapt to a take-away business model. Others had their own unique issues. The last thing they needed was bureaucracy cutting them off at the knees.

The current outdoor dining policy is in dire need of review. Fortunately, the Minister for Local Government has come to the rescue with a new initiative to assist in this process.

I, therefore, move that Council:

A. Apply to OLG for assistance in adopting the new paradigm and engage with the community to encourage more outdoor dining initiatives.

B. Suspend all outdoor dining fees and penalties until the end of the current financial year.

C. Expedite initiatives such as the St John’s Avenue “eat street” plan.

D. Work with OLG to review and update the current outdoor dining policy and return it to Council for adoption at least one month before the end of this financial year.

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

Confidential Business to be dealt with in Closed Meeting

C.1 Lindfield Village Hub
Tender Negotiations Update

File: S10973-4

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

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

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

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

(iii) reveal a trade secret.

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

Report by General Manager

John McKee

General Manager

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

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 17 November 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 Urban & Heritage Planning (Antony Fabbro)

Manager Regulation & Compliance (Anne Seaton)

Manager Governance &Corporate Strategy (Michael Wearne)

Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

The Meeting commenced at 7:00pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

No Interest was declared.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Items:

MM.2 - Vale Deborah Hutchens, former Mayor of Lane Cove

Report by Mayor dated 12 November 2020

Memorandums:

MM.1 – Outdoor Dining

Memorandum from Mayor Anderson dated 12 November 2020 to the Councillors attaching correspondence received from the Office of Local Government.

210

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Vide:

Resolved:

(Moved: Councillors Greenfield/Pettett)

GB.12 - Management of Crown Land by Council

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

Attachment 1: Crown Land Proposed for Transfer to Crown Land Manager Status

Attachment 2: Crown Land Proposed for Transfer to NPWS

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

211

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 20 October 2020

Minutes numbered 190 to 209

Resolved:

(Moved: Councillors Kelly/Greenfield)

That Minutes numbered 190 to 209 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

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

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

minutes from the Mayor

212

Outdoor Dining

File: S11530/2

Vide: MM.1

The purpose of this Mayoral Minute is to set out some recommendations about how local food and beverage businesses can be assisted to take account of the effects of the COVID-19 pandemic on eating out.

The COVID-19 pandemic has radically altered how most people go about their daily lives. It has changed the way we go out, where we go, what we do and how we interact with others. Our shopping and dining habits have also changed as a result. The pandemic has now increased the value of shared outdoor spaces such as streets and footpaths, as people seek the relative safety of socialising with others outside.

The restrictions placed earlier on the community gave rise to the opportunity for local residents to rediscover their own neighbourhoods. In turn, this has assisted many small businesses to also review their services and how they can adapt them to remain viable and provide what their customers are looking for. Our Council took early action to waive fees associated with outdoor dining permits and the annual lease fee of designated footpath areas.

As we continue to comply with current pandemic public health orders but also look to a post-COVID future, it makes sense to review our local neighbourhood centres and for Council to take innovative steps to create safer, vibrant and people-centric streets. While I am not advocating redesigning roads and footpaths, Council could assist in activating outdoor dining and retail opportunities to help local food-based businesses.

The COVID-safe requirement for businesses to provide social or physical distancing of 1.5 metres, plus limitations on group bookings, presents new challenges to many local dining and retail outlets. With this in mind, it is proposed that Council initiate some immediate research with relevant user groups. This research could quickly identify issues and use the feedback obtained so our current procedures can better respond to their needs and ideas.

This may include adapting current policies and administrative procedures to be more aligned with COVID-19 requirements. It could also mean being more responsive to new ways of doing business and providing much greater opportunity for businesses to use Council-owned land in neighbourhood retail zones.

I seek Council’s endorsement of the following recommendations:

Resolved:

That:

A. Staff liaise with Council’s current outdoor dining permit holders to seek their feedback and ensure their continued viability through COVID-safe outdoor dining options.

B. Staff liaise with other local food and beverage businesses, business and state agencies to seek their feedback on the current business climate and how Council could better support their businesses. This liaison would focus on using outdoor spaces near their premises to make local streetscapes more vibrant while also ensuring their customers are COVID safe.

C. The fee relief currently provided to outdoor dining outlets be continued, with a review to be undertaken in March 2021.

D. Council staff review the Outdoor Dining Policy in light of the COVID-19 environment.

E. Council express an interest in participating in the streamlined outdoor dining process.

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

Against the Resolution: Councillors Kay, Kelly and Spencer.

213

Vale Deborah Hutchens, former Mayor of Lane Cove

File: CY00455/8

Vide: MM.2

8 April 1947 – 2 November 2020

It is my sad duty to inform my Councillor colleagues and the Ku-ring-gai community of the untimely death of Deborah Hutchens, former Mayor of Lane Cove.

Deborah was a distinguished local government representative on Sydney’s North Shore, who was first elected to Lane Cove Council in 2012 and subsequently served as Deputy Mayor. By 2015 she had become Mayor and served in the role for two years until 2017. During this time she oversaw the creation of The Canopy, one of the most far reaching urban renewal projects Lane Cove Council has ever undertaken. This visionary project was officially opened in June this year, providing the Lane Cove community with new open space, playgrounds, a 500 space car park, retail and entertainment.

Deborah Hutchens had a strong history of volunteer and representative roles with Council and community organisations. This included Lane Cove Historical Society, Lane Cove Art Society, Longueville Tennis Club, Longueville Sporting Club and Sydney Community Services.

As Ku-ring-gai Council’s representative, I was privileged to serve alongside Deborah on the Northern Sydney Regional Organisation of Councils. I found her to be a warm and compassionate person who could bring people together for the common good.

During her time on Lane Cove Council Deborah was involved with new initiatives including International Women's Day and the Lane Cove Night Out events, supporting the Hold My Hand event and establishing the Lane Cove Festival by the River which has been enjoyed by thousands of people each year.

Deborah Hutchens was still serving as a Councillor at Lane Cove at the time of her death and the Council has issued the following tribute to her: "Lane Cove was fortunate to have Deborah at the helm as both Councillor and as Mayor. Deborah was a pleasure to work with and was always respectful of the range of views that a single project could bring – her patience and calm demeanour helped lead the way as we navigated the best outcome. Council and the community are most grateful for Deborah's commitment to Lane Cove, her legacy will live on in a range of projects that came to fruition thanks to Deb".

On behalf of Ku-ring-gai Council and our community, I offer sincere condolences to Deborah’s family, her many friends and her Councillor colleagues. May she rest in peace.

Resolved:

That:

A. The Mayoral Minute be received and noted.

B. We stand for a minute’s silence to honour Deborah Hutchens.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

214

Council Meeting and Public Forum Dates for 2021

File: CY00438/8

Vide: GB.2

To set future Council Meeting and Public Forum dates for 2021.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That Council adopt the following Meeting dates:

February
9 February 2021	Public Forum
16 February 2021	Ordinary Meeting of Council
March
9 March 2021	Public Forum
16 March 2021	Ordinary Meeting of Council
April
20 April 2021	Public Forum
27 April 2021	Ordinary Meeting of Council
May
11 May 2021	Public Forum
18 May 2021	Ordinary Meeting of Council
June
8 June 2021	Public Forum
15 June 2021	Ordinary Meeting of Council
July
13 July 2021	Public Forum
20 July 2021	Ordinary Meeting of Council
August
10 August 2021	Public Forum
17 August 2021	Ordinary Meeting of Council
September
NONE	Public Forum
14 September 2021	Ordinary Meeting of Council (Mayoral Election)
October
12 October 2021	Public Forum
19 October 2021	Ordinary Meeting of Council
November
9 November 2021	Public Forum
16 November 2021	Ordinary Meeting of Council
December
7 December 2021	Public Forum
14 December 2021	Ordinary Meeting of Council
February
8 February 2022	Public Forum
15 February 2022	Ordinary Meeting of Council

CARRIED UNANIMOUSLY

215

Minutes of Audit, Risk & Improvement Committee meetings held on 18 June and 10 September 2020

File: CY00458/8

Vide: GB.3

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meetings held on 18 June and 10 September 2020.

Resolved:

(Moved: Councillors Clarke/Ngai)

That Council receive and note this report.

CARRIED UNANIMOUSLY

216

Analysis of Land and Environment Court Costs - 1st Quarter 2020 to 2021

File: FY00623/3

Vide: GB.4

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

Resolved:

(Moved: Councillors Clarke/Kelly)

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

CARRIED UNANIMOUSLY

217

Investment Report as at 31 October 2020

File: FY00623/3

Vide: GB.5

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

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

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

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

CARRIED UNANIMOUSLY

218

2020 - 2021 Budget Review - 1st Quarter ended September 2020

File: S09112/9

Vide: GB.6

To inform Council of the results of the first quarter budget review of 2020/21 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2020 to 30 September 2020.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. The September 2020 Quarterly Budget Review and the recommended changes be received and noted.

B. Further savings to fund the net loss from COVID-19 Pandemic are identified and reported as part of December QBR.

CARRIED UNANIMOUSLY

219

Funding of Council Infrastructure Assets

File: S11276

Vide: GB.7

For Council to consider the funding of infrastructure assets.

Resolved:

(Moved: Councillors Clarke/Kay)

That Council receive and note the report.

CARRIED UNANIMOUSLY

220

Ku-ring-gai Traffic Committee Meeting Dates for 2021

File: CY00022/12

Vide: GB.8

To determine Ku-ring-gai Traffic Committee meeting dates for 2021.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That the Ku-ring-gai Traffic Committee meetings in 2021 be scheduled for the dates as follows:

§ 1 February 2021

§ 1 March 2021

§ 12 April 2021

§ 3 May 2021

§ 7 June 2021

§ 5 July 2021

§ 2 August 2021

§ 6 September 2021

§ 11 October 2021

§ 15 November 2021

B. That Ku-ring-gai Traffic Committee meetings by held only as required.

CARRIED UNANIMOUSLY

221

Management of Ku-ring-gai Mini Wheels Site - St Ives Showground

File: S07493

Vide: GB.10

To report back to Council on remediation of the former mini-wheels site at St Ives Showground as required OMC149, GB.3, resolution (B), namely “That a report be presented to Council regarding the biodiversity offset funding options to rehabilitate the site in accordance with the Plan of Management.”

Resolved:

(Moved: Councillors Clarke/Kay)

That Council note the report on remediation of the former Mini Wheels site.

CARRIED UNANIMOUSLY

222

Management of Crown land by Council

File: S11976

Vide: GB.12

To seek Council approval for an approach to be made to the Minister for Lands through the responsible state government agency, the NSW Department of Planning, Industry and Environment, NSW Crown Lands, for transfer of devolved lands to the NSW National Parks Reserve System and for Council to be appointed as a Crown Land Manager for Crown land that it currently administers under section 48 of the Local Government Act 1993 as devolved lands and, where appropriate, as a lessee.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. An approach be made to the Department of Industry, NSW Crown Lands for Council to be appointed as a Crown Land Manager for Crown land that it currently administers as devolved lands under section 48 of the Local Government Act 1993, as set out in this report. The approach is to include Crown land that Council presently occupies as a lessee or licensee where it is considered administratively advantageous for Council to manage the land as a Crown land Manager.

B. Council negotiate and finalise with the Department, the potential transfer of selected parcels of devolved lands which adjoin the existing NSW National Parks Reserve System to the National Parks and Wildlife Service (NPWS). As ownership of the lands lie with the Department, this matter is entirely one for the Department to approve in consultation with the NPWS.

C. The General Manager and/or his delegate be given authority to undertake all transactions including the signing of any documentation with the Department to give effect to this resolution.

CARRIED UNANIMOUSLY

223

Proposed Heritage Listing of 207 Eastern Road, Wahroonga

File: S10066

Vide: GB.11

To have Council consider the proposed heritage listing of Laverty House, the property known as 207 Eastern Road, Wahroonga, on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’).

Resolved:

(Moved: Councillors Spencer/Pettett)

That:

A. Council proceed to prepare a Planning Proposal to amend KLEP 2015 to include Laverty House - 207 Eastern Road, Wahroonga [Lot B, DP414327] as a local heritage item on Schedule 5 of the KLEP 2015.

B. The Planning Proposal be 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.

CARRIED UNANIMOUSLY

224

Adoption of the revised Ku-ring-gai Community Participation Plan 2020

File: S12564/2

Vide: GB.1

For Council to consider the finalisation of the revised Community Participation Plan following public exhibition

Resolved:

(Moved: Councillors Clarke/Smith)

That Council adopt the revised Ku-ring-gai Community Participation Plan 2020 and that it be published on the NSW Planning Portal.

CARRIED UNANIMOUSLY

225

Heritage Reference Committee Minutes

File: CY00413/8

Vide: GB.9

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meetings held on 3July 2019, 7 July 2020 and 8 September 2020.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council receive and note the Heritage Reference Committee minutes relating to the meetings of 3 July 2019, 7 July 2020 and 8 September 2020.

CARRIED UNANIMOUSLY

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

Proposed Notice of Motion for the Local Government NSW (LGNSW) Annual Conference

226

Proposed Motion - LGNSW Annual Conference

File: S02211

Vide: 226

Councillor P Kelly put forward the following to Council:

We have previously debated the merits – and otherwise – of a casting vote, particularly where it is used to allow an individual to impose their personal wishes on the residents of an LGA. That is a great example of presidential democracy. The only problem is we are not operating in a presidential democracy in Australia. Our system is a parliamentary democracy founded on the common law.

In most organisations, voting such as this only occurs once a year at an Annual General Meeting, but for councils, it happens much more regularly. This is perhaps why the government of South Australia has the legislation that was referred to in the last debate on this subject. Theirs is a provision based in the common law.

We have a rare opportunity. That opportunity is to have a hand in shaping legislation. To correct a legislative glitch, or “close a loophole” (if you like) is a decent, honest and noble undertaking. To wish that the loophole remain is to declare a position that the individual concerned wishes to be known as someone who has scant regard for the legal framework on which our nation was founded.

Ku-ring-gai Council has a reputation for being Avant garde in our thinking and our actions. I ask that all councillors support this NoM to send an NoM to LGNSW for tabling at the Annual Conference.

Resolved:

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

For the Resolution: The Mayor, Councillor Anderson, Councillors Kay, Kelly, Ngai, Pettett and Spencer.

Against the Resolution: Councillors Clarke, Greenfield, Smith and Szatow.

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

MOTION:

(Moved: Councillors Kelly/Ngai)

That the attached Notice of Motion for the LGNSW Annual Conference be endorsed by Council and communicated as such to LGNSW to allow the item to be tabled at the 2020 Annual Conference.

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

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

QUESTIONS WITH NOTICE

Mural on Lindfield Underpass

File: S05126

Vide: QN.1

QUESTION:

Question from Cr Sam Ngai dated 25 October 2020.

Background

In September 2007, the Ku-ring-gai Council Youth Services created a Mural in the Havilah Road Lindfield Tunnel, funded by the Ku-ring-gai Council Environmental Levy and Art Start NSW. This mural is loved by the community and provides a means for our youth to express their hopes for a better future by contrasting two images, one of despair and one of hope.

The Southern mural depicts the transition of natural flora and fauna “In the Beginning” towards a world with logging, coal mining, atmospheric pollution and oil rigs, ending with a challenge to the audience of “Where are we Heading?” This image of despair is one that grips many of our youth today.

The Northern mural depicts a message of hope. Starting with credits to the project, it then shows Australian wildlife, tree planting, sustainable cities, and ending with images of a future with renewable solar and wind power along with the words “Sustaining the Environment”. This image gives hope to our youth today.

I was walking past the tunnel on 25 October 2020 and noticed that the four corners of the mural have been painted over. I found this bizarre because without the beginning and end of each mural, what’s left of the mural lacks context and is difficult to understand. Please refer to the images below so that you can see what I mean.

Question

What is happening with Lindfield’s much beloved mural? Why have the ends been painted over? Are we planning to restore the mural to its former glory, or are we retaining the centre pieces without providing explanatory context?

In the event that the mural is not being retained, are there any plans for Ku-ring-gai Youth Services to replace it with an updated one? Do we have high resolution images of the 2007 mural in our archives so that we can at least digitally remember what used to be there? It would be a shame if this message of hope for our Youth were to be permanently erased, with no digital record other than Google Maps Street View of what used to be there.

ReSPONSE:

Response from Director Community Janice Bevan

The end sections of the mural on the underpass in Havilah Road Lindfield were defaced by graffiti and were damaged to the extent that they were unable to be repaired. These sections of the mural have been painted over with brown paint.

Council staff are currently exploring options with the asset owner of the Lindfield underpass, Transport for NSW (TfNSW), to either restore the original art work or to install an interpretative representation on separate panels or directly on the underpass.

Any type of restorative work on the mural will be problematic as the Havilah Road underpass is the main route for Lindfield residents to access the Pacific Highway. Depending on the extent of the

new instalment, it is likely that travel lanes in the underpass may need to be closed, requiring a Traffic Plan, Road Occupancy Licence (ROL) from TfNSW and approval from Council.

At this stage staff are investigating design options for an interpretative installation, once discussions have been held with TfNSW, and an agreed outcome has been determined, a proposal including full costs, will be prepared and submitted for consideration in the 2020/21 budget.

It should also be noted that Council has been advised that TfNSW is currently reviewing all its assets to identify additional potential advertising sites.

The Meeting closed at 8:28pm

The Minutes of the Ordinary Meeting of Council held on 17 November 2020 (Pages 1 - 246) were confirmed as a full and accurate record of proceedings on 8 December 2020.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 8 December 2020	GB.1 / 33

Item GB.1	S08447

CODE OF CONDUCT - COMPLAINT STATISTICS

EXECUTIVE SUMMARY

purpose of report:	To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 for the twelve months to 31 August 2020.

background:	Under the Procedures, a report on a range of complaints statistics is provided the Division of Local Government and reported to Council.

comments:	The relevant statistics are contained in this report

recommendation:	That the report under Part 11 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 be received and noted.

Purpose of Report

Background

Under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020, a report on a range of complaints statistics is provided to Council and the Division of Local Government.

Part 11 of the Procedures provides:

11.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)

b) the number of code of conduct complaints referred to a conduct reviewer during the reporting period

c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

d) the number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e) without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f) the number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g) the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.

11.2 The council is to provide the Office with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.

Comments

The following statistics are reported, followed in each case by the relevant statistic within brackets. Where applicable, references have been made to the Former (2018) Model Code of Conduct (FMCC) and the New (2020) iteration of the Model Code of Conduct (NMCC).

Number of Complaints

a. The total number of complaints received in the period about councillors

and the General Manager (GM) under the code of conduct [1]

b. The total number of complaints finalised in the period about councillors

and the GM under the code of conduct [2]

Overview of Complaints and Cost

a. The number of complaints finalised at the outset by alternative means

by the GM or Mayor [0]

b. The number of complaints referred to the Office of Local Government

(OLG) under a special complaints management arrangement [0]

c. The number of code of conduct complaints referred to a conduct reviewer [1]

d. The number of code of conduct complaints finalised at preliminary

assessment by conduct reviewer [0]

e. The number of code of conduct complaints referred back to GM or Mayor

for resolution after preliminary assessment by conduct reviewer [0]

f. The number of finalised code of conduct complaints investigated by a

conduct reviewer [1]

g. The number of finalised complaints investigated where there was found

to be no breach [1]

h. The number of finalised complaints investigated where there was found

to be a breach [0]

i. The number of complaints referred by the GM or Mayor to another agency

or body such as the ICAC, the NSW Ombudsman, OLG or the Police [0]

j. The number of complaints being investigated that are not yet finalised [0]

k. The total cost of dealing with code of conduct complaints within the period

made about councillors and the GM including staff costs [$1360]

Preliminary Assessment Statistics

3. The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:

a. To take no action (clause 6.13(a) of the 2018 and 2020 Procedures) [0]

b. To resolve the complaint by alternative and appropriate strategies

(clause 6.13(b) of the 2018 and 2020 Procedures) [0]

c. To refer the matter back to the GM or the Mayor, for resolution by

alternative and appropriate strategies (clause 6.13(c) of the 2018

and 2020 Procedures) [0]

d. To refer the matter to another agency or body such as the ICAC, the

NSW Ombudsman, OLG or the Police (clause 6.13(d) of the 2018 and

2020 Procedures) [0]

e. To investigate the matter (clause 6.13(e) of the 2018 and 2020 Procedures) [1]

Investigation Statistics

4 The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:

a. That the council revise its policies or procedures [0]

b. That a person or persons undertake training or other education (clause

7.37 of the 2018 Procedures or clause 7.40 of the 2020 Procedures) [0]

5 The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:

a. That the council revise any of its policies or procedures (clause 7.36(a) of

the 2018 Procedures or clause 7.39 of the 2020 Procedures) [0]

b. In the case of a breach by the GM, that action be taken under the GM’s

contract for the breach (clause 7.36(h) of the 2018 Procedures or clause

7.37(a) of the 2020 Procedures) [0]

c. In the case of a breach by a councillor, that the councillor be formally

censured for the breach under section 440G of the Local Government

Act 1993 (clause 7.36(i) of the 2018 Procedures or clause 7.37(b) of

the 2020 Procedures) [0]

d. In the case of a breach by a councillor, that the councillor be formally

censured for the breach under section 440G of the Local Government

Act 1993 and that the matter be referred to OLG for further action (clause

7.36(j) of the 2018 Procedures or clause 7.37(c) of the 2020 Procedures) [0]

6 Matter referred or resolved after commencement of an investigation (clause

7.20 of the 2018 or 2020 Procedures) [0]

Categories of misconduct

7 The number of investigated complaints resulting in a determination that there

was a breach with respect to each of the following categories of conduct:

a. General conduct (Part 3) [0]

b. Non-pecuniary conflict of interest (Part 5) [0]

c. Personal benefit (Part 6) [0]

d. Relationship between council officials (Part 7) [0]

e. Access to information and resources (Part 8) [0]

Outcome of determinations

8 The number of investigated complaints resulting in a determination that there

was a breach in which the council failed to adopt the conduct reviewer’s recommendation [0]

9 The number of investigated complaints resulting in a determination that there

was a breach in which the council's decision was overturned following a

review by OLG [0]

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1.3. Council’s Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.	Compliance with the requirements of relevant Acts and Regulations.	Comply with the requirements of the Local Government Act and Regulations.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1.3. Council’s Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.

Compliance with the requirements of relevant Acts and Regulations.

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

Governance Matters

The provision of this report and the provision of information to the Division of Local Government is a requirement of Clauses 11.1 and 11.2 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020.

Risk Management

Matters relating to the administration of Council’s Code of Conduct have potential to affect the reputation of Council

Financial Considerations

Not relevant.

Social Considerations

Not relevant.

Environmental Considerations

Not relevant.

Community Consultation

Not relevant.

Internal Consultation

Not relevant.

Summary

Under the Model Code of Conduct framework, a report on a range of complaints statistics is required be provided to Council and the Division of Local Government. The relevant statistics for the reporting period of 1 September 2019 to 31 August 2020 are contained in this report and have been reported to the Division of Local Government.

Recommendation:

That the report pursuant to Part 11 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 be received and noted.

Jamie Taylor

Corporate Lawyer

John McKee

General Manager

Ordinary Meeting of Council - 8 December 2020	GB.2 / 37

Item GB.2	CY00259/12
	16 April 2020

Delegations for Council Recess December - January 2020/21

EXECUTIVE SUMMARY

purpose of report:	To grant delegations during the December – January Council recess period for 2020/21 to ensure the efficient operation of Council business during this time.

background:	At its meeting of 17 November 2020, Council adopted a meeting cycle for 2020. The last Ordinary Meeting of Council (OMC) for 2020 will be held on 8 December 2020 and the first meeting for 2021 will be held on 16 February 2021.

comments:	The December-January recess period for 2020/21 commences after the OMC on 8 December 2020 and will end when Council resumes on 16 February 2021. During this period, it is customary to delegate the authority of Council to the Mayor, Deputy Mayor and the General Manager to ensure the efficient operation of Council business.

recommendation:	That, subject to any delegations already granted by Council, the authority of Council be delegated to the Mayor, Deputy Mayor and the General Manager for the 2020/21 December-January recess period.

Purpose of Report

To grant delegations during the December – January Council recess period for 2020/21 to ensure the efficient operation of Council business during this time.

Background

At its meeting of 17 November 2020, Council adopted a meeting cycle for 2020. The last Ordinary Meeting of Council (OMC) for 2020 will be held on 8 December 2020 and the first meeting for 2021 will be held on 16 February 2021.

Comments

The December-January recess period for 2020/21 commences after the OMC on 8 December 2020 and will end when Council resumes on 16 February 2021. During this period, it is customary to delegate the authority of Council to the Mayor, Deputy Mayor and the General Manager to ensure the efficient operation of Council business.

Historically this delegation of authority to the Mayor, Deputy Mayor and the General Manager means that any business of Council which reasonably cannot be delayed may be dealt with following the unanimous agreement of the Mayor, Deputy Mayor and General Manager. This does not affect the Council’s ability to call an extraordinary meeting should it be deemed necessary (and a quorum be able to be convened), in accordance with its adopted Code of Meeting Practice. It also does not limit the Mayor’s authority under section 226(d) of the Local Government Act 1993 to “exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council”, or any other delegations already granted by Council.

All matters dealt with under this delegation during the recess period should be reported to the first ordinary meeting of Council of 2021.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council's Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.

Ensure effective and efficient conduct of Council and committee meetings for the benefit of councillors and the community.

Governance Matters

It is Council’s usual practice to grant delegated authority to exercise all powers, authorities, duties and functions of Council, except those set out in Section 377 of the Local Government Act 1993, during the Christmas/New Year period. This year that period is from 8 December 2020 to 16 February 2021.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

The December-January recess period for 202/21 commences after the OMC on 8 December 2020 and will end when Council resumes on 16 February 2021. During this period, it is customary delegate the authority of Council to the Mayor, Deputy Mayor and the General Manager to ensure the efficient operation of Council business.

Recommendation:

That:

A. Subject to any existing delegations already granted by Council, the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2020/21:

That the Mayor (Councillor Jennifer Anderson), the Deputy Mayor (Councillor Cedric Spencer), and the General Manager (Mr John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 8 December 2020 to 16 February 2021, subject to the following conditions:

i. Such powers, authorities and functions may only be exercised by unanimous agreement between the Mayor, Deputy Mayor and General Manager; and

ii. Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 16 February 2021.

B. Consultation, subject to their availability, be held with Ward Councillors on matters where they would normally be contacted, before delegation is exercised.

Michael Wearne

Manager Governance and Corporate Strategy

David Marshall

Director Corporate

Ordinary Meeting of Council - 8 December 2020	GB.3 / 42

Item GB.3	S02211

Amended Code of Meeting Practice

EXECUTIVE SUMMARY

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

background:	On 14 August 2020, an amendment prepared by the OLG was prescribed under the Local Government (General) Regulation 2005 that requires all councils to retain recordings of meetings on their websites for at least 12 months. Councils must amend their codes of meeting practice if they do not already provide for this.

comments:	The draft Ku-ring-gai Council Code of Meeting Practice was placed on public exhibition for a period of 42 days following Council’s resolution of 22 September 2020 and 6 submissions were received from members of the public.

recommendation:	That Council adopt the Ku-ring-gai Council Code of Meeting Practice (Attachment A1) to replace the current Code adopted in June 2019, and that it take effect from 9 February 2021.

Purpose of Report

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

Background

Council’s current Code of Meeting Practice was adopted on 11 June 2019.

On 14 August 2020, an amendment prepared by the OLG was prescribed under the Local Government (General) Regulation 2005 that requires all councils to retain recordings of meetings on their websites for at least 12 months.

Councils must amend their codes of meeting practice if they do not already provide for this.

At the Ordinary Meeting of Council held 22 September 2020, Council resolved as follows:

“That:

A. Section 5.21 of the draft Code of Meeting Practice in Attachment A1 be amended to say:

“A recording of each meeting of the council and committee of the council is to be retained on the council’s website for a minimum of four years. Recordings of meetings may be disposed of in accordance with the State Records Act 1998.”;

B. Pursuant to Section 361 of the Local Government Act 1993, Council place the amended draft Code of Meeting Practice on public exhibition for 28 days; and

C. A report be brought to Council summarising the public response and providing a final version of the draft Code of Meeting Practice, for adoption.”

Comments

Council’s current Code of Meeting Practice states that recordings be retained on the Council’s website until the minutes of that meeting are formally adopted, therefore Council must amend Clause 5.21 its current Code of Meeting Practice to comply with the Regulations.

The intention of the new draft Code of Meeting Practice is to reflect the requirement for councils to retain recordings of meetings on their websites for at least 12 months is now prescribed under the Local Government (General) Regulation 2005.

Staff have also taken the time to review the Code of Meeting Practice for any anomalies. As a result of this review, Clause 8.1 containing the general order of business for a meeting has been updated to more accurately reflect Council’s practice at its meeting.

Public Submissions:

Following the above resolution, the Code of Meeting Practice was placed on public exhibition.

Council received six (6) submissions.

Of these submissions, all six expressed support for the retention of webcasts of Council meetings for a minimum of 4 years. Two submissions requested all existing webcasts be made available.

The author of the third submission expressed the view that Council should place the webcast for the relevant meeting next to the Minute document and a playlist be included of all Council Meetings recordings on Youtube. They also recommended Council insert the agenda items in the description for each meeting.

Council is in the process of implementing a playlist for each of its Council Meeting recordings on Youtube. Staff are also investigating the viability of having an index of agenda items in the description of each livestream in Youtube. As there is a 5000 character limit for the description box for each Youtube video, a full index may not be feasible for all Council Meeting recordings.

A third party provider who provides Council’s business paper system hosts the main content for the Business Papers and Minutes webpage. At this stage, business paper and minute documents of Council Meetings will be kept separate to the webcasts. However, staff will continue to undertake all necessary action to enhance accessibility and user experience for people wanting to watch the recordings. It should be noted that all webcasts of the Council Meetings are currently available on Council’s website.

The author of the fifth submission expressed the view that the matter of the Mayoral casting vote be examined for further investigation and public comment.

Council is in receipt of information from the Office of Local Government dated 1 September 2020 that stipulates as follows:

“The chairperson’s casting vote is conferred under section 370(2) of the Local Government Act 1993 (the Act) and clause 11.2 of the Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code). Clause 11.2 is a mandatory provision of the Model Meeting Code.

While a council is permitted to amend its code of meeting practice, in doing so, it is not permitted to include a provision that is inconsistent with a mandatory provision of the Model Meeting Code (see section 360(4)). A council’s code of meeting practice also cannot override a requirement under the Act.”

As such, Council must maintain the existing provisions of the Mayoral casting vote to remain consistent with the Model Code of Meeting Practice.

The author of the sixth submission expressed the view that Council should also retain a video recording of all Public Forums.

The Model Code of Meeting practice only prescribed for Council Meetings (or Committee Meetings made up of all Councillors) to be webcasted. Council does not intend to commence the webcasting of Public Forums.

integrated planning and reporting

Good Governance and Management

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

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

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

Governance Matters

Council is required to adopt a Code of Meeting Practice that complies with the direction from the OLG and the Local Government (General) Regulation 2005.

Section 361 of the Local Government Act 1993 (the Act) requires Council to exhibit a draft of the code of meeting practice for at least 28 days and to provide members of the community at least 42 days in which to comment on the draft code.

Financial Considerations

There will be no additional costs to Council associated with increasing the timeframe to retain recordings of meetings on our website for 12 months.

Community Consultation

The draft Code of Meeting Practice was placed on public exhibition in accordance with Section 361 of the Act and the community was invited to provide comment on the proposed amendments. Overall six submissions were received from members of the public.

Summary

Council’s current Code of Meeting Practice was adopted on 11 June 2019.

The draft Ku-ring-gai Council Code of Meeting Practice was placed on public exhibition for a period of 42 days following Council’s resolution of 22 September 2020 and 6 submissions were received from members of the public.

Recommendation:

That Council adopt the Ku-ring-gai Council Code of Meeting Practice (Attachment A1) to replace the current Code adopted in June 2019, and that it take effect from 9 February 2021.

Michael Wearne

Manager Governance and Corporate Strategy

Attachments:	A1 ⇩	DRAFT Code of Meeting Practice		2020/287539
	A2 ⇩	Submissions Combined - Code of Meeting Practice		2020/347333

Ordinary Meeting of Council - 8 December 2020	GB.4 / 107

Item GB.4	S11503

Amendments to the Model Code of Conduct and Adminstrative Procedures

EXECUTIVE SUMMARY

purpose of report:	To brief Council on the required changes to Ku-ring-gai Council’s Code of Conduct and Procedures for the Administration of the Code of Conduct (The Procedures) in accordance with advice from the Office of Local Government (OLG) in order to facilitate adoption of the revised documents.

background:	On 14 August 2020, NSW Local Councils received advice from the OLG that the new Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct had been prescribed under the Local Government (General) Regulation 2005 and took effect immediately. This is because the amendments to the Procedures largely reflect existing practice following the Supreme Court’s decision and the amendments to the Model Code of Conduct are minor in nature. Councils are required to adopt a code of conduct and procedures based on the prescribed Model Code of Conduct and Procedures as soon as possible. In addition to this, Councils’ complaints coordinators are required to bring this matter to the attention of their council’s conduct reviewers. Complaints coordinators are also required to inform conduct reviewers when the council has adopted a new code of conduct and procedures and provide copies.

comments:	An overview of the key changes to Model Code of Conduct and the Procedures is provided in the body of this report.

recommendation:	That Council adopt the revised Code of Conduct and Procedures for the Administration of the Code of Conduct.

Purpose of Report

Background

On 14 August 2020, NSW Local Councils received advice from the OLG that the new Model Code of Conduct and Procedures had been prescribed under the Local Government (General) Regulation 2005 and took effect immediately. This is because the amendments to the Procedures largely reflect existing practice following the Supreme Court’s decision and the amendments to the Model Code of Conduct are minor in nature.

More specifically, the Procedures were amended in response to the decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134.

Councils are required to adopt a code of conduct and procedures based on the prescribed Model Code of Conduct and Procedures as soon as possible.

In addition to this, Councils’ complaints coordinators are required to bring this matter to the attention of their council’s conduct reviewers. Complaints coordinators are also required to inform conduct reviewers when the council has adopted a new code of conduct and procedures and provide copies.

COMMENTS

Overview of amendments to the Model Code of Conduct as prescribed by the OLG

· The Model Code of Conduct has been amended to:

- remove as a breach, failure to comply with a council resolution requiring action in relation to a code of conduct breach (because it is now redundant)

- update the language used to describe the various heads of discrimination in clause 3.6 to reflect more contemporary standards

- include in the definition of council committee and council committee members, members of audit, risk and improvement committees (ARICs) in anticipation of the commencement of the requirement for all councils to appoint an ARIC following the next local government elections.

· Amendments have also been made to the gifts and benefits provisions of the Model Code of Conduct in response to feedback from some councils. The amendments:

- lift the $50 cap on the value of gifts that may be accepted to $100

- clarify that items with a value of $10 or less are not “gifts or benefits” for the purposes of the Model Code of Conduct and do not need to be disclosed

- clarify that benefits and facilities provided by councils (as opposed to third parties) to staff and councillors are not “gifts or benefits” for the purposes of the Model Code of Conduct, and

- remove the cap on the value of meals and refreshments that may be accepted by council officials in conjunction with the performance of their official duties.

· Councils are not obliged to amend their codes of conduct to lift the cap on the value of gifts that may be accepted if they do not wish to. It is open to councils to retain the existing $50 cap or to impose another cap that is lower than $100.

Ku-ring-gai Councils Code of Conduct has been updated to reflect the above changes with the exception of the revised $100 cap on the value of gifts that may be accepted. As our current Code of Conduct prohibits members of staff from accepting a gift or benefit of any kind, regardless of the value the revised cap will apply to Council Officials (other than members of staff) only.

A copy of the revised Code of Conduct is provided in Attachment A1 with amendments in underline and deletions in ~~strikethrough~~.

Overview of amendments to the Procedures as prescribed by the OLG

· Consistent with the Supreme Court’s decision, councils have the following options when taking disciplinary action against councillors for breaches of their codes of conduct under the new Procedures:

- that a councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (the Act), or

- that a councillor be formally censured for a breach under section 440G and the matter referred to OLG for further disciplinary action under the misconduct provisions of the Act.

· The process for censuring councillors for breaches of the code of conduct has been significantly strengthened to ensure councillors are made publicly accountable to their electors for their conduct. When censuring councillors, councils are required to specify in their resolution the grounds on which the councillor is being censured by disclosing the investigator’s findings and determination and any other grounds that the council considers may be relevant or appropriate.

· Councillors may seek to avoid public censure for breaches of the code of conduct by voluntarily agreeing to undergo training or counselling, to apologise for their conduct or to give undertakings not to repeat their conduct before the investigator finalises their report to the council. Investigators can finalise their investigations without a report to the council where they consider these to be an appropriate outcome to the matter they are investigating. However, it will remain open to investigators to finalise their report and to recommend censure where they consider this is appropriate and warranted.

· The process for referral by councils of code of conduct breaches by councillors to OLG for further disciplinary action under the misconduct provisions of the Act has been streamlined. Investigators are required to consult with OLG before recommending the referral of matters to ensure the conduct in question is sufficiently serious to warrant disciplinary action for misconduct and that there is sufficient evidence of the breach to allow OLG to take further disciplinary action.

· Other amendments have been made to the Procedures to:

- allow panels of conduct reviewers to be appointed without a resolution of the council, and

- allow the referral of investigators’ reports to OLG for action under the misconduct provisions of the Act where the council will not have a quorum to deal with the matter.

A copy of the revised Procedures for the Administration of the Code of Conduct is provide in Attachment A2 with amendments in underline and deletions in ~~strikethrough~~.

Other

Council’s complaints coordinator was provided with advice in relation to this matter on 15 August 2020 and requested to:

- Immediately advise Councils conduct reviewers of the changes to the Code and Procedures prescribed by the OLG, and

- Inform conduct reviewers when the council has adopted a new code of conduct and procedures and provide copies.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1 The organisation is distinguished by its ethical decision making, efficient management, innovation and quality customer service	Council’s governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision making processes	Comply with the requirements of the Local Government Act and Regulations.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1 The organisation is distinguished by its ethical decision making, efficient management, innovation and quality customer service

Council’s governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision making processes

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

Governance Matters

The new Model Code of Conduct and Procedures took effect from 14 August 2020.

Risk Management

The inclusion of the identified changes in Ku-ring-gai Council’s Code of Conduct and Procedures will ensure compliance with the directions issued by the OLG.

Financial Considerations

There are no financial considerations associated with this report.

Summary

Council’s Code of Conduct and Procedures for the Administration of the Code of Conduct have been updated to align with the changes prescribed under the Local Government (General) Regulation 2005.

Recommendation:

That Council adopt the revised Code of Conduct and Procedures for the Administration of the Code of Conduct.

Jennie Keato

Manager People and Culture

Attachments:	A1⇩	DRAFT Code of Conduct (CND 132)		2020/316145
	A2⇩	DRAFT Administration of the Code of Conduct (CDN 148)		2020/316483

Ordinary Meeting of Council - 8 December 2020	GB.5 / 192

Item GB.5	S11503

Fraud & Corruption Control Policy

EXECUTIVE SUMMARY

purpose of report:	To brief Council on the draft Fraud & Corruption Control Policy in order to facilitate its adoption.

background:	A fraud and corruption risk assessment was completed by Council’s Internal Auditors in December 2019. The assessment identified that Council’s current Fraud and Corruption Prevention Policy was outdated and hence may not reflect current best practice which in turn may increase the risk of non-compliance with key requirements. A number of additional recommendations were made regarding possible improvements to Council’s overall fraud & corruption risk management framework.

comments:	In response to the above, a review of Council’s existing Fraud and Corruption Prevention Policy has been undertaken and the Fraud and Corruption Control Policy (the Policy) has been created to replace it. The Policy is based on the NSW Audit Office’s “Fraud Control Improvement Kit 2015” (the Kit) and Australian Standard 8001-2008 Fraud and Corruption Control (the Standard). It will be supported by a Fraud & Corruption Control Strategy and Fraud & Corruption Control System. This suite of documents will further enhance Council’s overall fraud and corruption risk management framework and keep it up-to-date/compliant with the current practice/requirements.

recommendation:	That the Fraud & Corruption Control Policy be placed on public exhibition for a period of 28 days and should any submissions be received, the matter be reported back to Council after the consultation period. That, should no submissions be received, Council adopt the policy.

Purpose of Report

To brief Council on the draft Fraud & Corruption Control Policy in order to facilitate its adoption.

BACKGROUND

A fraud and corruption risk assessment was completed by Council’s Internal Auditors in December 2019.

The assessment identified that Council’s current Fraud and Corruption Prevention Policy was outdated and hence may not reflect current best practice which in turn may increase the risk of non-compliance with key requirements.

A number of additional recommendations were made regarding possible improvements to Council’s overall fraud & corruption risk management framework.

COMMENTS

In response to the above, a review of Council’s existing Fraud and Corruption Prevention Policy has been undertaken and the Fraud and Corruption Control Policy (the Policy) has been created to replace it.

The Policy is based on the NSW Audit Office’s “Fraud Control Improvement Kit 2015” (the Kit) and Australian Standard 8001-2008 Fraud and Corruption Control (the Standard).

It outlines the high-level commitment by Council to the implementation of strategies and actions that support Fraud and Corruption control. It sets out the responsibilities under the fraud and corruption risk management framework for implementing and monitoring appropriate actions.

The Policy will be supported by the Fraud & Corruption Control Strategy (the Strategy) and operationalised by the Fraud & Corruption Control System (the System).

This suite of documents will further enhance Council’s overall fraud and corruption risk management framework and keep it up-to-date/ compliant with the current practice/ requirements.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1 The organisation is distinguished by its ethical decision making, efficient management, innovation and quality customer service	Council’s governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision making processes	Comply with the requirements of the Local Government Act and Regulations.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1 The organisation is distinguished by its ethical decision making, efficient management, innovation and quality customer service

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

Governance Matters

The Policy aligns with the NSW Audit Office’s “Fraud Control Improvement Kit 2015” and Australian Standard 8001-2008 Fraud and Corruption Control.

Risk Management

The Policy will be supported by the Fraud & Corruption Control Strategy (the Strategy) and operationalised by the Fraud & Corruption Control System (the System) which will enhance Council’s overall fraud and corruption risk management framework

Financial Considerations

All costs associated with the implementation of the revised policy will be managed within the existing budget.

consultation

The Managers Group was consulted during the development of the Policy and feedback was obtained from key functions such as Internal Audit, Governance and Corporate Strategy, Corporate Lawyer and People & Culture.

Feedback was also received from the Audit, Risk and Improvement Committee (ARIC) at their meeting held on 1 October 2020 and in addition to this a peer review was undertaken by StateWide Mutual.

The General Manager and Directors considered and approved the revised Policy during their meeting held on 13 November 2020.

Summary

The draft Fraud & Corruption Control Policy is now referred to Council for adoption.

A copy of the current Fraud & Corruption Prevent Policy together with the draft Fraud & Corruption Control Policy are contained in attachments A1 and A2 respectively.

RECOMMENDATION

That:

A. The Fraud & Corruption Control Policy placed on public exhibition for a period of 28 days.

B. At the expiration of the public exhibition process, the following action be taken:

i) Should any submissions be received a further report be submitted to Council

ii) Should no submissions be received Council adopt the policy as attached to this report.

Jennie Keato

Manager People and Culture

Attachments:	A1⇩	Current Fraud and Corruption Prevention Policy		2014/033070
	A2⇩	Draft Fraud & Corruption Control Policy		2020/332319

Ordinary Meeting of Council - 8 December 2020	GB.6 / 220

Item GB.6	S12657

draft Ku-ring-gai Local Character Study - for exhibition

EXECUTIVE SUMMARY

purpose of report:	Seeking Council endorsement to place the draft Ku-ring-gai Local Character Study on public exhibition.

background:	The Ku-ring-gai Strategic Planning Statement (KLSPS) identifies managing change and growth, in a way that conserves and enhances Ku-ring-gai’s unique visual and landscape character, as a key local planning priority. In relation to character the KLSPS Local Planning Priority Actions is to: · Define Ku-ring-gai’s unique visual and landscape character through community engagement; · undertake a Local Character Study in accordance with the Department of Planning, Industry and Environment’s Local Character and Place Guidelines February 2019.

comments:	A draft Local Character Study has been prepared using advanced computational and statistical analysis techniques. The study recommends eight (8) Broad Local Character Areas for the LGA. Preliminary community engagement is currently underway using an innovative online mapping tool, which allows residents to place pins on a map to identify places of importance to them, including comments on the proposed Broad Local Character Areas. This survey will continue until 18 December 2020.

recommendation:	This report recommends that Council adopts this draft Study for exhibition; that Council undertakes further community engagement including workshops with residents to discuss and develop desired future character statements for the proposed Broad Character Areas; and that staff report the final Study to Council before end of June 2021.

Purpose of Report

Seeking Council endorsement to place the draft Ku-ring-gai Local Character Study on public exhibition.

Background

The last time Council prepared a study relating to visual character was in the late 1990s when consultants M A Schell and Associates were engaged to prepare a visual character study for the LGA. A Visual Character Study was completed in 1999; however, the street-by-street analysis was only partially completed.

DCP 38 references the Visual Character Study 1999 as an assessment criterion for consideration in the design process. DCP 38 - The Ku-ring-gai Residential Design Manual came into effect in February 2002, and, at that point in time, applied to all dwelling house development in the LGA up until the Ku-ring-gai Local Environmental Plan 2015 came into effect on 2 April 2015.

Currently DCP 38 only applies to one location in the LGA known as ‘Deferred Area 14 – Land in the vicinity of 'The Briars,' Wahroonga ‘under the Ku-ring-gai Planning Scheme Ordinance, this area does not include low density housing hence the visual character criteria is no longer used.

Once the Deferred Area is included in the Ku-ring-gai Local Environmental Plan 2015, the Ordinance and associated DCPs, codes and policies will cease to apply.

In February 2019, the NSW Government published Local Character and Place Guideline, which provides a framework to clarify the key influences of local character and place, how local character can be integrated into the planning system and current approaches for the inclusion of local character in local planning.

In March 2019 Council adopted the Ku-ring-gai Local Strategic Planning Statement (LSPS). Two of the Local Planning Priority Actions are to:

· Define Ku-ring-gai’s unique visual and landscape character through community engagement (short term); and

· undertake a Local Character Study in accordance with the Department of Planning, Industry and Environment’s Local Character and Place Guideline, February 2019.

The LSPS also indicates that Council’s preferred approach to the implementation of local character involves:

· translating, in the LSPS, the strategic direction and broad character influences;

· preparing a standalone local character statement including character assessment and desired future character;

· reviewing the local character overlay in the Local Environmental Plan, to ensure zones, objectives and standards align to the local character statement; and

· updating the Development Control Plan to ensure controls achieve desired future character.

This approach is under review in the light of Council’s Housing Strategy decision, which is not to not amend existing LEPs and DCPs.

Comments

Consultants SJB Urban have been engaged by Council to prepare a draft Local Character Study. A comprehensive review of previous studies has been undertaken, coupled with advanced computational and statistical analysis techniques. On the basis of this rigorous assessment, the study recommends eight (8) Broad Local Character Areas for the LGA. Preliminary community engagement is currently underway using an innovative online mapping tool, which allows residents to place pins on a map to identify places of importance to them and provide comments on the proposed Broad Local Character Areas. This survey will continue until 18 December 2020.

The draft Ku-ring-gai Local Character Study - Draft Broad Local Character Areas & Character Area Statements is attached (Attachment A1). A Background study has also been prepared to document the methodology and findings. The intention is to exhibit both documents. Below is an overview of the studies:

Part 1 - Background Studies, Review and Mapping

The Background Studies Review has been prepared to establish a robust baseline understanding of the contextual, environmental, cultural, development and historical influences that have shaped and will continue to shape the Ku-ring-gai LGA. The Background Studies Review comprises four parts each of which is described briefly below.

Context Analysis

This analysis outlines the key features that have contributed and continue to contribute to the local character of Ku-ring-gai. These include a combination of both built and natural elements, as well as planning controls and population characteristics:

· Land Use

· Building Height

· Floor Space Ratio (FSR)

· Bushfire

· Topography

· Outlook and Visual Amenity

· Slope

· Vegetation & Ecology

· Public/Private Landscape

· Open Space & Public Domain

· Biodiversity and Riparian Corridors

· Subdivision pattern

· Street Morphology

· Streets

· Demographics

Figure 1 – example of context mapping - topography

Character Studies & Historical Analysis

The preliminary character and historical analysis explores the historic development of Ku-ring-gai and specific influences that have shaped and will continue to shape the Ku-ring-gai LGA. It builds upon records, research and studies compiled by Council, records kept by the State Library and the NSW Department of Planning, Industry and Environment, subjects include:

· Aboriginal Heritage and History;

· Visual Character of Ku-ring-gai, 1999 (M A Schell);

· Ku-ring-gai Heritage and Neighbourhood Character Study, 2000 (Godden Mackay Logan Keys and Young);

· Under The Canopy: A Centenary History Of Ku-Ring-Gai Council, 2006;

· Historical Development Timeline;

· Heritage Items;

· Heritage Conservation Areas; and

· Architectural Styles.

Element Mapping

A process of mapping over 32 individual characteristics from dozens of data sources (procured from SIXMaps, Google, HERE, and Local, as well as State and National datasets) to highlight similarities between different areas of Ku-ring-gai at a Statistical Area 1 (SA1) level.

Computational analysis and GIS methods were used to analyse and recalculate the data based on Statistical Area 1 (SA1) boundaries, as provided by the Australian Bureau of Statistics. Utilising the same boundaries across the entire LGA, and through the 32 calculated characteristics, interpretation of the data is at the same level regardless of the content or source. This method results in 279 distinct areas of investigation across the LGA.

The combined dataset was fed through a statistical analysis modeller (SAM). This method identifies similar characteristics across the data set, generating distinct clusters of similar areas. It was utilised across the entire data set and on subsets in relation to the above listed categories. The result is a series of maps that highlight similar areas, with the intent to reduce complexity and scope when exploring potential character areas along with providing an insight into Ku-ring-gai’s character through a subjective lens.

Figure 2 – example of element mapping

Experiential Mapping

This chapter outlines research undertaken to better understand places that hold social, cultural and community value. Much of the experiential mapping detailed in this section of the report has been a result of a number of “softer” processes, including a summary of Google trend analytics based on image and keyword searches of main centres in the LGA, as well associations with the word “Ku-ring-gai”. A similar exercise was conducted on social media platform Instagram, a popular image sharing platform that may give insight into the way a younger demographic view and use the LGA.

Figure 3 – example of experiential mapping

Part 2 - Draft Broad Local Character Areas & Character Area Statements

Draft Broad Local Character Areas

By interpreting the cluster mapping, a number of draft Broad Local Character Areas (LCAs) have been identified. Areas shown together share similarities in their physical and measurable characteristics. A total of eight (8) Broad LCAs are proposed as follows:

1. Green Fingers

2. Ku-ring-gai Ridge and Centres

3. Northern Plateau

4. Western Slopes

5. West Pymble

6. Lower West

7. Heritage Core

8. North Turramurra Table

The eight character areas are shown in Figure 4 and draft character statements can be found in Attachment A1.

Figure 4 – draft broad local character areas

integrated planning and reporting

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

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

P1.1.1.2: Prepare a Local Character Strategy for Ku-ring-gai consistent with the Local Strategic Planning Statement (LSPS), Local Character Guidelines, and the North District Plan.

Governance Matters

Local Character - Ku-ring-gai Local Planning Priority and Actions

GREATER SYDNEY REGION PLAN	Objective 12 · Great places that bring people together Objective 28 · Scenic and cultural landscapes are protected
NORTH DISTRICT PLAN	Planning Priority N6 · Creating and renewing great places and local centres, and respecting the District’s heritage. Planning Priority N17 · Protecting and enhancing scenic and cultural landscapes
KU-RING-GAI COMMUNITY STRATEGIC PLAN	Our Ku-ring-gai 2038 · Long term objectives relating to cultural heritage landscape preservation, and preserving the unique visual character of the Ku-ring-gai LGA.
KU-RING-GAI LOCAL STRATEGIC PLANNING STATEMENT	Ku-ring-gai Local Planning Priority · K12. Managing change and growth in a way that conserves and enhances Ku-ring-gai’s unique visual and landscape character Actions · Define Ku-ring-gai’s unique visual and landscape character through community engagement (short term). · Undertake a Local Character Study in accordance with the Department of Planning, Industry and Environment’s Local Character and Place Guidelines February 2019. The study will include investigation of areas of special landscape, views and vistas, visual quality, topography and the Urban Forest (including bushland, tree canopy, street trees, gardens). It will also consider Green Grid links and biodiversity corridors · Implement recommendations from the Local Character Study · Prepare Local Character Mapping for LEP Overlay and Local Character Statements for DCP in collaboration with Department of Planning, Industry and Environment

Risk Management

When Council adopted the Ku-ring-gai LSPS it was with the understanding that a Local Character Study would provide a framework for the integration of local character into Council’s planning controls and thereby inform the location of future new medium and high density zones within and around the Primary Local Centres. The LSPS envisions that the outcomes from the Local Character Study would be implemented through a Mapping Overlay and Local Character Statements for inclusion in Council’s LEP and DCP (subject to approval by the Department of Planning, Industry and Environment).

The DPIE has now developed a local character overlay and draft local character clause that will allow councils to insert a reference to local character in their LEP via a Local Character Statement and map. The draft clause and overlay will be on public exhibition until 29 January 2021.

Given Council has now adopted a Housing Strategy that does not consider any LEP amendments to accommodate additional housing it is not immediately clear how the findings of this study could be implemented. To manage this risk it is proposed to complete the community engagement component of this study in early 2021 and finalise the study. As a minimum the study will be a valuable reference source for future Council studies including the Urban Forest Strategy and Green Grid Strategy.

Financial Considerations

This study is fully funded by the Urban Planning and Heritage budget.

Social Considerations

Experiential mapping has been undertaken to better understand places that hold social, cultural and community value. Research from community engagement workshops conducted by Council, during the preparation of the Community Strategic Plan 2038 has also been reviewed in order to ascertain the objectives and shared vision for the LGA.

Environmental Considerations

Detailed mapping of environmental factors has been undertaken as part of this study.

Community Consultation

Council is currently seeking input from the local community to understand the unique characteristics of Ku-ring-gai and its suburbs using an interactive online mapping tool (Figure 5) to allow residents to share unique places and tell us what they think about the proposed draft Broad Local Character descriptions.

Delivery of community engagement uses a three-phase process:

1) testing community support for Broad Local Character Areas statements and gathering insights about important places in Ku-ring-gai;

2) community workshops; and

3) formal public exhibition.

Gathering of community feedback is well underway via Council’s online engagement platform ‘Oursay’. The site contains an interactive map where community members can indicate levels of support for the Broad Local Character Areas statements as well as identifying places that may have social and cultural importance in defining local character. The site also hosts an online survey where people can provide similar feedback but in a simplified format.

To date Council has received 60 comments via the map and 64 responses via the online survey. So far the community has indicated a strong level of support for the draft Broad Local Character Areas character statements. They have also provided a range of comments regarding important places in Ku-ring-gai.

Promotion of opportunities for involvement in the project has included:

· Sydney Morning Herald;

· Hornsby Ku-ring-gai Post;

· Ku-ring-gai E-news (over 13,000 subscribers) x2;

· Ku-ring-gai Business E-news (1400 subscribers);

· Facebook – boosted advertising and standard posts;

· media release;

· Council’s Website; and

· direct email to participants involved in the Local Strategic Planning Statement community engagement.

Phase 1 engagement will continue until Friday, 18 December 2020. Phase 2 will commence in February 2021 prior to public exhibition of the Character study. Reporting of engagement outcomes to Council will occur as the project progresses.

Figure 5 – online interactive mapping tool

Internal Consultation

A survey was distributed to a broad group at Ku-ring-gai Council staff in order to gain insight into what is deemed valuable or unique in the LGA. This addressed elements of character to be considered, as well as key views and vistas with and to areas outside the LGA. The second part of the survey was a digital exercise that allowed users to locate special views and character areas on a map of the LGA, allowing the distribution of responses to be spatially collated. These inputs have been considered in conjunction with element mapping.

Summary

Council has developed a comprehensive suite of planning controls aimed at ensuring that new development does not detrimentally affect Ku-ring-gai’s unique landscape and heritage character.

A visual character study prepared by M A Schell and Associates in 1999 has been used to inform Council’s planning policies to date. However, it is now over 20 years old. Its assessment was largely based on housing styles and the study only partially covered the Ku-ring-gai LGA. While aspects of that study may still be relevant, a lot has changed in the Ku-ring-gai LGA, particularly in terms of the built environment. Similarly, in the intervening 20 years since this study was prepared, GIS mapping capabilities (i.e. detailed aerial photography, improved mapping of trees and vegetation and the built form) have advanced significantly. Coupled with ‘ground-truthing’, this detailed suite of information allows us to overlay and compare multiple factors more easily, giving a much richer indication of local character across the LGA. SJB, the consultants engaged to undertake the Local Character Study, have reviewed the M A Schell & Associates study as part of their comprehensive analysis of background information, to assist them in their in depth appraisals of the LGA and its local character attributes.

A new Local Character Study is now warranted given:

· there are now vast data sources and advanced GIS mapping tools available to improve analysis;

· in February 2019 the Department of Planning, Industry and Environment released the Local Character and Place Guidelines; and

· the North District Plan requires Council to consider local character in the planning process.

A draft Local Character Study has been prepared using advanced computational and statistical analysis techniques. The study recommends eight (8) Broad Local Character Areas for the LGA. Preliminary community engagement is currently underway using an innovative online mapping tool, which allows residents to place pins on a map to identify places of importance to them, including the opportunity for them to comment on the proposed Broad Local Character Areas. This survey will continue until the 18 December 2020.

This report recommends that Council adopts this draft study for exhibition; that Council undertakes further community engagement including workshops with residents to discuss and develop desired future character statements for the proposed Broad Character Areas; and that staff report the final Strategy back to council before end of June 2021.

Recommendation:

That:

A. Council adopt the draft Local Character Study for exhibition.

B. Council undertakes further community engagement including workshops with residents to discuss and develop desired future character statements for the Broad Character Areas.

C. The final Study, incorporating community input, be reported back to Council before end of June 2021.

Louise Drum

Urban Design Project Coordinator

Bill Royal

Team Leader Urban Design

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

KMC Local Character Study - Broad Local Character Areas - for Our Say - website version

2020/297470

Ordinary Meeting of Council - 8 December 2020	GB.7 / 281

Item GB.7	S12249

Draft Local Centres Public Domain Plan - Turramurra, Gordon and Lindfield

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval to exhibit the draft Ku-ring-gai Local Centres Public Domain Plan.

background:	The Town Centres Public Domain Plan, 2010 (PDP 2010) has been in effect for 10 years and has served Council well, enabling the delivery of a number of projects through funding collected from Development Contributions. Revision of the PDP 2010 is necessary to reflect changing community needs, recent State government guidelines and standards, and the priorities and actions within the Ku-ring-gai Local Strategic Planning Statement.

comments:	The draft Local Centres Public Domain Plan (PDP) provides guidance for the design of public spaces and streets in the Local Centres of Turramurra, Gordon and Lindfield. The PDP comprises three (3) volumes: · Volume 1 – Public Domain Strategy · Volume 2 – Public Domain Plans - Local Centres · Volume 3 – Public Domain Technical Manual The concept plans for each local centre will ensure a coherent, well-coordinated rollout of the concept design and desired future character of the local centres. Design and project management of the public domain renewal projects will be by Council and largely funded through Development Contributions.

recommendation:	That Council adopt the draft Ku-ring-gai Local Centres Public Domain Plan for public exhibition and after the exhibition a further report be brought back to Council.

Purpose of Report

To seek Council approval to exhibit the draft Ku-ring-gai Local Centres Public Domain Plan.

Background

On November 23 2010, Ku-ring-gai Council adopted the Ku-ring-gai Council Town Centres Public Domain Plan 2010 (PDP 2010); the Plan has been in effect for 10 years and has served Council, well enabling the delivery of a number of projects through funding collected from development contributions. Delivered projects include the Gordon Bus Interchange; Boyd Orchard Park, Turramurra; Beans Farm Road and Hansons Way in Gordon; and Robert Pymble Park upgrade, Pymble. Projects in the delivery phase include Lindfield Village Green and St Johns Avenue Streetscape Upgrade.

Revision of the PDP 2010 is necessary to for four main reasons:

1. To align with State Government policy and guidelines including the Greater Sydney 2056 Plan; The North District Plan and State Government guidelines including Better Placed - an integrated design policy for the built environment of NSW; Greener Places: an urban green infrastructure design framework; and the Draft Good Urban Design Guide among others;

2. to reflect the changing needs of the community documented in the Ku-ring-gai Community Strategic Plan;

3. to align with the priorities and actions in the Ku-ring-gai Local Strategic Planning Statement; and

4. to align with other Council policies including the Ku-ring-gai Development Control Plan, Draft Pedestrian Access and Mobility Plan and the Draft Access and Disability Inclusion Plan 2020 – 2024.

Comments

The draft Ku-ring-gai Local Centres Public Domain Plan (draft PDP) (Attachment A1) has been prepared to provide guidance on the planning, design and construction of streets, roads, parks, car parks and other public spaces.

The draft PDP comprises three (3) volumes.

- Volume 1 – Public Domain Strategy

o Outlines the vision for the Ku-ring-gai local centres;

o sets out overarching principles for the public domain areas;

o references other relevant Council and State Government documents; and

o sets out how to use the document.

- Volume 2 – Public Domain Plans for Turramurra Local Centre, Gordon Local Centre and Lindfield Local Centre

o Sets out objectives for each local centre;

o sets desired future character and provides concept designs for streetscapes and public open spaces; and

o nominates examples of appropriate street trees.

- Volume 3 – Public Domain Technical Manual

o Provides typical technical details for the public domain components including paving, seating and lighting;

o nominates the required materials and finishes.

Volume 1 – Public Domain Strategy

Aim and Objectives

The aim of the draft PDP is to support the revitalisation of Ku-ring-gai’s Local Centres so that they become more walkable, user friendly and attractive places. The objectives are to:

· Deliver a high quality public realm;

· provide a consistent positive image for Ku-ring-gai with acknowledgement and retention of local character for each centre;

· improve legibility and wayfinding;

· develop pedestrian focused places with improved walking experience;

· ensure an accessible, inclusive, and safe public domain;

· create vibrant streetscapes and public areas with enjoyable experiences;

· promote consistent materials palette and design elements;

· respond to climate change by providing shelter through planting and structures/ built form with canopies to reduce heat, and other cooling methods such as water features;

· preserve and enhancing the landscape character of Ku-ring-gai;

· encourage sustainable design using robust, long lasting materials; and

· encourage sustainable water usage design such as water capture, water re-use and cleansing, and water efficient planting.

How will the Public Domain Plan be used?

The public domain plans are concept plans for each local centre. To ensure a coherent, well-coordinated rollout of the concept design and desired future character of the local centres, it is vital that all contributors adhere to the concept design and deliver a quality outcome.

The PDP provides guidelines and concept designs for all stakeholders, planners, designers and developers – public or private, large or small scale – who intend to carry out works within the public domain areas of the Ku-ring-gai Local Centres. The PDP must be read in conjunction with the Local Environment Plan, the Development Control Plans and the Ku-ring-gai Contributions Plan 2010.

Works planned by developers within public domain areas must adhere to the concept designs and material selections outlined in the Public Domain Technical Manual as relevant to the particular immediate area of the Local Centre within which the development is proposed. Designs of the public domain areas associated with development must be submitted with Development Applications.

How will the Public Domain Plan be delivered?

The delivery of the public domain renewal projects will be led by Council and largely funded through Development Contributions. Funding is currently available for a number of projects identified in the PDP, however many are not and will require the continued collection of Development Contributions to realise all listed projects. Delivery of some portions of the public domain works will be redevelopment of sites with works completed by developers directly via Voluntary Planning Agreements or Works-in-Kind type agreements.

Projects currently identified under the Ku-ring-gai Contributions Plan 2010 will be prioritised for delivery. Additional projects will be added as Development Contribution funding becomes available. Streetscape projects programmed for delivery in the next five years within the local centres of Gordon, Lindfield and Turramurra include:

· St Johns Avenue, Wade Lane and Werona Avenue, Gordon;

· Lindfield Avenue and Tryon Road, Lindfield;

· Rohini Street, Eastern Road and Gilroy Road, Turramurra;

· Grandview Street, Pymble; and

· Hill Street, Roseville.

Volume 2 – Public Domain Plans

At this stage, Volume 2 of the Public Domain Plan only contains the plans for Turramurra, Gordon and Lindfield. The plan for St Ives will be prepared in 2021. Additional plans will include Roseville, Pymble and Wahroonga local centres.

Volume 3 –Public Domain Technical Manual

Volume 3 of the Public Domain Plan details the selection of materials, finishes and furniture to be used in the public domain areas of the local centres. It also provides typical details to give an indication of the desired quality of finish and construction method preferred for the local centres. Elements described in the Technical Manual include:

· Paving

· Walls

· Furniture

· Lighting

· Planting

The Technical Manual also provides information on requirements such as minimum clear path widths, set out of furniture (including outdoor dining furniture and elements), tree pit details and the like.

The details and material selection in the Technical Manual will be adapted as necessary and may be used beyond the local centres for consistency of materials throughout the LGA. Stockpiling of replacement material for maintenance can be streamlined and economies of scale will benefit the on-going maintenance and quality of the local centres.

integrated planning and reporting

Issue P4: Revitalisation of our centres

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

P4.1.1.1:

Finalise a Local Centres Public Domain Plan and Technical Manual including outdoor dining and activities.

P4.1.1.2:

Finalise the Public Domain Masterplans for Turramurra, Lindfield and Gordon local centres and concept plans for key precincts.

P4.1.1.3:

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

P4.1.1.7:

Finalise strategies and plans for Turramurra Local Centre and surrounds.

P4.1.1.8:

Finalise strategies and plans for Lindfield Local Centre and surrounds.

P4.1.1.11:

Integrate people and vehicle movements for the primary local centres through the Public Domain Plan, Traffic & Transport studies in collaboration with Transport for NSW (TfNSW).

Governance Matters

The draft Ku-ring-gai Local Centres Public Domain Plan is consistent with the following strategies and plans:

· North District Plan;

· Ku-ring-gai Local Strategic Planning Statement;

· Ku-ring-gai Development Control Plan;

· Ku-ring-gai Community Strategic Plan 2038;

· Ku-ring-gai Contributions Plan, 2010;

· Activate Ku-ring-gai Program;

· Ku-ring-gai Town Centre Public Domain Plan 2010;

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

· Draft Access and Disability Inclusion Plan 2020 -2024.

Risk Management

The main risk at this point in the project is that the community will object to some of the proposals within the draft PDP. It is proposed to exhibit the draft PDP in early 2020 to gather feedback from the community and stakeholders prior to finalising the PDP.

A further risk at this point in time is that Development Contributions will slow and funding will fall short of the cost of the proposed works. As previously mentioned, funds are currently available for some projects, however the complete delivery of proposed works will rely upon further Development Contributions and possibly grant money from the State Government. Some elements of the draft PDP relied about additional housing being provided in accordance with the North District Plan.

Financial Considerations

S&E staff have been working with Finance Department to establish a five-year program to deliver streetscape upgrades across the Local Centres. There is currently approximately $45.5M in development contribution funds available for the projects for that period. An overview is given below.

Gordon Street Upgrades

· St Johns Avenue, Chapman Lane, Clipsham Lane, Henry Street (part), Werona Avenue (part);

· budget for design, project management and construction approximately $5.5M + grants; and

· design and consultation complete, construction complete end 2022.

Lindfield Street Upgrades

· Lindfield Avenue, Havilah Lane, Havilah Road (part), Milray Street, Tryon Road;

· budget for design, project management and construction approximately $7M + grants; and

· design and consultation second half 2020, construction complete end 2023.

Turramurra Street Upgrades

· Rohini Street, Gilroy Road (part), Eastern Road (part);

· budget for design, project management and construction approximately $5.7M; and

· design and consultation commence second half 2020, construction complete end 2023.

Pymble Street Upgrades

· Grandview Street, Grandview Lane, Alma Street, Post Office Street, Post Office Lane;

· budget for design, project management and construction approximately $10.3M; and

· design and consultation commence first half 2021, construction complete end 2024.

St Ives Street Upgrades (stage 1)

· Rotary Park, Mona Vale Road (southern side adjoining shops), Stanley Street, Memorial Avenue, Porters Lane / Rosedale Road;

· budget for design, project management and construction approximately $9.6M; and

· design and consultation commence first half 2021, construction complete end 2024.

Roseville Street Upgrades

· Hill Street, Roseville Avenue, Roseville Lane, Bancroft Lane, Lord Street, Bancroft Avenue;

· budget for design, project management and construction approximately $7.4M; and

· design and consultation commence first half 2021, construction complete end 2024.

These works will form Stage 1 of delivery of the Contribution Plan 2010 - Works Programme: Local roads, Local bus facilities and Local drainage facilities. A second stage will commence in 2025 and run through to 2030.

Social Considerations

Improved public domain environments will encourage walking and cycling by residents that could potentially increase community health and increase the chances of meeting and interacting with others in the community.

Improved street environments will encourage residents and visitors to interact and linger around the retail core and eateries, on any day and night, activating the centres.

Upgraded pedestrian movement corridors and crossing points will improve safety in the local centres.

Covid Impacts

The public domain plan will assist Council in working with the state government initiatives to support local businesses to expand outdoor dining where appropriate and ensuring public amenity and safety are maintained in accordance with covid planning requirements.

The public domain plans also provide the framework for facilitating other streetscape works for active transport improvements within the local centres such as the State government funded Streets as Shared Places Program - funding for the Gilroy Road Separated Cycleway and Turramurra Shared Path.

Environmental Considerations

Additional tree planting will provide shade and add to the urban canopy of Ku-ring-gai. The shading from the trees will not only benefit users of the streets, but will cool the adjoining premises, potentially reducing cooling requirements and electrical bills.

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

Improved public domain environments such as footpaths, providing safer crossing points for pedestrians and formalisation of some cycle routes will encourage more people to walk and ride to the local centres, leaving the car behind, benefiting the environment.

Quality durable materials will be used to ensure longevity and remove the need for regular replacements and costly repair. Most of the public domain materials selected may be recycled at the end of their usable life.

Community Consultation

Community consultation will be undertaken through the exhibition of the draft Ku-ring-gai Local Centres Public Domain. On-site information sessions may be provided for the community if COVID safe methods can be assured for the community and Council officers. A full community consultation strategy will be developed in conjunction with Council’s Communication team prior to releasing the documents for public exhibition.

Summaries of the draft Public Domain Plans for Turramurra, Lindfield and Gordon have been presented to Councillors through Councillor briefing sessions. No issues of concern were raised by the Councillors.

The draft public domain plans for Turramurra and Lindfield have been presented to Transport for NSW through workshops with a number of representatives from both Transport for NSW and Council. Comments from Transport for NSW have been taken on board and changes made to the draft PDP. A further workshop will be held with Transport for NSW for the Gordon Public Domain Plan, prior to reporting back to Council so that all internal comments are considered prior to the final drat being prepared.

Internal Consultation

Internal workshops have been carried out with a number of departments including Operations, Strategy and Environment, and Development and Regulation for the Turramurra Public Domain Plan and the Public Domain Technical Manual.

Further workshops with similar teams will be carried out for Lindfield and Gordon before reporting back to Council so that all internal comments are considered prior to the final draft being prepared. Councillor briefings were held on:

· 4 August - Turramurra Public Domain plan;

· 1 September 2020 - Lindfield Public Domain Plan;

· 7 October 2020 - Gordon Public Domain Plan.

Summary

On 23 November 2010, Ku-ring-gai Council adopted the Ku-ring-gai Council Town Centres Public Domain Plan 2010 (PDP 2010); the Plan has been in effect for 10 years and has served Council well enabling the delivery of a number of projects through funding collected from development contributions including the Lindfield Village Green.

Revision of the PDP 2010 is necessary for four main reasons:

· To align with State government policy and guidelines including the North District Plan;

· to reflect the changing needs of the community;

· to align with the priorities and actions in the Ku-ring-gai Local Strategic Planning Statement; and

· to align with other council policies.

The draft Ku-ring-gai Local Centres Public Domain Plan (draft PDP) has been prepared to provide guidance on the planning, design and construction of streets, roads, parks, car parks and other public spaces. The draft PDP comprises three (3) volumes:

· Volume 1 – Public Domain Strategy;

· Volume 2 –Public Domain Plans – Turramurra, Gordon and Lindfield Local Centres; and

· Volume 3 – Public Domain Technical Manual

The concept plans for each local centre will ensure a coherent, well-coordinated rollout of the concept design and desired future character of the local centres. The delivery of the public domain renewal projects will be spear-headed by Council and largely funded through Development Contributions. Some portions of the public domain works may be delivered through the redevelopment of sites with works being completed by developers directly.

Staff have been working to establish a five-year program to deliver streetscape upgrades across the Local Centres. There is currently approximately $45.5M in Development Contribution funds available for the projects for that period. These works will form Stage 1 of delivery of the Contribution Plan 2010 - Works Programme: Local roads, Local bus facilities and Local drainage facilities. A second stage will commence in 2025 and run through to 2030. The first project is St Johns Avenue ‘Eat Street’.

Recommendation:

That Council adopt the draft Ku-ring-gai Local Centres Public Domain Plan for public exhibition and after the exhibition a further report be brought back to Council.

Maria Rigoli

Public Domain Co-ordinator – Local Centres

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Draft Ku-ring-gai Local Centres Public Domain Plan

Excluded

2020/338382

Ordinary Meeting of Council - 8 December 2020	GB.8 / 294

Item GB.8	S12474

Lindfield Local Centre - Eastern Precinct - Streetscape Upgrade Program

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval to place on public exhibition the draft concept designs for upgrade works to key streets and lanes on the eastern side of Lindfield Local Centre.

background:	As the development sites along Lindfield Avenue are nearing completion and the Lindfield Village Green is scheduled to be complete in late 2021, it is now time to confirm plans to upgrade the streetscapes within this precinct.

comments:	The concept designs for the Lindfield Eastern Precinct addresses key issues such as: - poor streetscape amenity and appearance; - pedestrian and vehicular conflicts; - inadequate footpath widths for pedestrians; and - poor accessibility within the centre. The concept plan includes the provision for improved pedestrian and vehicular movements with the installation of new traffic signals at the intersection of Tryon Road and Lindfield Avenue, and new pedestrian crossing points on Lindfield Avenue. Other inclusions proposed are wider footpaths for freer movement and outdoor dining opportunities; new street lighting; raised thresholds at pedestrian crossings; new paving and street trees.

recommendation:	That Council adopt the draft concept designs for upgrade works to key streets and lanes on the eastern side of Lindfield Local Centre for public exhibition and that the results be reported back to Council.

Purpose of Report

To seek Council approval to place on public exhibition the draft concept designs for upgrade works to key streets and lanes on the eastern side of Lindfield Local Centre.

Background

In 2010 the then adopted Ku-ring-gai Town Centre Public Domain Plan nominated a number of streetscape projects to upgrade the Lindfield Local Centre. Lindfield Avenue was identified as an important retail street on the eastern side of the local centre. The key objective for Lindfield Avenue, was to strengthen the role of Lindfield Avenue as the “main street” retail area for Lindfield providing local services. The Ku-ring-gai Town Centre Public Domain Plan 2010 identified Tryon Road as a ‘Special Street’. The objective was to develop the character of Tryon Road as a special street with a predominant role as the main cross street supporting a mix of uses including a town square, commercial, community and residential.

The Ku-ring-gai Town Centre Public Domain Plan 2010 and Ku-ring-gai Development Contributions Plan, 2010 proposed streetscape improvement works for Lindfield Avenue and Tryon Road which included:

· Renewed footpaths with high quality paving;

· street trees;

· road improvements;

· signalised intersection at Lindfield Avenue and Tryon Road;

· new LED street lighting; and

· underground power in a number of streets.

Since 2010, Development Contributions have been collected to fund these works. Funding is now in place to deliver the project and provide improved amenity for the community of Lindfield and to complete the precinct around the Lindfield Village Green that is currently under construction.

The Ku-ring-gai Town Centre Public Domain Plan 2010 also identified a future cycleway along Lindfield Avenue to provide a continuous cycle link through Lindfield. This is still the long term objective for Lindfield Avenue and it will form part of a wider bicycle plan for Ku-ring-gai. The proposed concept plan has been developed so that the introduction of a cycleway in Lindfield Avenue may be accommodated in the future.

The draft revised Ku-ring-gai Local Centre Public Domain Plan 2020 has developed a concept plan for the eastern side of Lindfield Local Centre that consolidates the proposed streetscape works into a workable plan to deliver the project.

Comments

The preparation of the concept plan followed the traditional design methodology of site investigation, site analysis, exploration of ideas and possible solutions, various sketch designs and the selection of the most appropriate design to develop the concept plan. The draft concept plan is now ready for feedback from the community and stakeholders so that necessary changes can be made to progress the design to the next step for implementation.

Site Description

The Lindfield Local Centre – Eastern Precinct includes the key streets of the eastern side of the Lindfield. Lindfield Avenue has a high level of pedestrian activity and a number of eateries as well as Harris Farm that is a destination for many shoppers.

The Lindfield Local Centre – Eastern Precinct for the purposes of this project includes:

· Both sides of Lindfield Avenue between Havilah Road and Russell Avenue;

· both sides of Tryon Road between Lindfield Avenue and Milray Street;

· the eastern side of Milray Street;

· both sides of Milray Street between Kochia lane and Tryon Place;

· southern side of the intersection of Milray Street with Havilah Road;

· Kochia Lane between Milray Street and Nelson Road; and

· Havilah Lane – both sides.

Refer Figure 2 for the extent of works plan.

Figure 1 – Lindfield Eastern Precinct – Proposed Streetscape Upgrades

Lindfield local centre has two distinct retail/commercial areas that form the whole. The local centre is dissected by the rail corridor. The railway station concourse provides a crucial link between the two sides of the centre for pedestrians and the Havilah Road underpass is the key vehicular link. The Pacific Highway is the main commercial street on the western side of the rail corridor, and Lindfield Avenue is the main street on the eastern side of the Lindfield Local Centre. This local centre is slowly undergoing renewal with a number of sites having recently been redeveloped along the eastern side of Lindfield Avenue and new retail offerings have emerged including Harris Farm and eateries. At the time of this paper being reported, another development site, 51-55 Lindfield Avenue is near completion and the Lindfield Village Green project is under construction with anticipated completion by end 2021. Another development is underway at 305 Pacific Highway and the Lindfield Village Hub planning proposal has been adopted by Council. This is an exciting time for Lindfield and the renewal of its public domain is due to help renew the quality of the local centre.

Lindfield Avenue runs parallel to the rail line and has a number of entry points to the railway station. There are bus stops on both side of Lindfield Avenue near the station entries. Formal access across the street is currently restricted to one signalised on-demand pedestrian crossing, mid-block between Kochia Lane and Tryon Road. The existing footpaths that services the retail outlets along Lindfield Avenue are relatively narrow once tree planting and furniture is taken into account and no room is available to activate the street with outdoor dining and the like.

Tryon Road is a significant link between the local centre and residential areas to the east. The southern side of the street is lined with large Brushbox trees that form a strong boulevard character to the street. There are a number of apartment developments along the southern side of the street with established landscape areas within property setbacks that contribute to the character of the street. Tryon Road will be a primary entry point to the park component of the Lindfield Village Green.

Milray Street is a residential street that has challenging landforms for pedestrians with undulating footpaths. There are significant trees of a variety of species dotted along the street that makes any changes to the streetscape difficult. This project focuses mostly on the section of Milray Street between the Lindfield Village Green development site and Tryon Road.

Kochia Lane is a narrow lane that is currently two way but does not support two cars passing. It is an important mid-block link to and from the local centre and will be a key cycle link to the Lindfield Village Green. A significant portion of Kochia Lane has recently been redeveloped with townhouses which front the lane.

Havilah Lane is the rear lane access to developments that have occurred along Lindfield Avenue. Land has been dedicated to Council to allow for improved vehicular and pedestrian movements in the lane and further widening is anticipated if the properties on Havilah Road redevelop with additional land being dedicated to Council.

Havilah Road separates the mixed-use area from the residential area to the north of the centre. A heavily treed street, distinctly residential it is a vital link between the residential areas and the local centre.

Site Analysis

In order to prepare the concept plans for the Lindfield Eastern Precinct, several site visits and observations were conducted to understand how the site was being used and to gather information on what works, what does not work and what seems to be very important around the site. A list of issues that required action were noted. These issues and our design response are listed in the table below.

Issue	Response
The narrowness of the Lindfield Avenue footpath limit the opportunities for outdoor dining, and consequently the activation of the public space within the street is limited.	· Realign the kerb to increase the footpath width, whilst maintaining adequate width within the carriageway.
Inconsistent paving, uneven and patchwork pavements are unsafe and unsightly and lack continuity.	· New paving using unit pavers will allow for lifting of pavers for access to services that can be replaced without the patchwork appearance of replaced concrete or bitumen. · Quality pavers will also lift the appearance of the streetscape.
Outdoor dining opportunities are restricted	· Wider pavements will increase outdoor dining opportunities.
Awnings provide some shelter to west facing properties facing Lindfield Avenue are exposed to hot sun in the summer afternoons. Awnings also limit growing space for trees.	· Wider pavement areas provide additional space, set away from awnings to allow for the planting and future growth of trees. · Trees will provide shade and a green canopy throughout the year.
Limited crossing points for pedestrians lead to conflicts with vehicles as pedestrians cross at undesignated locations.	· Slow traffic movements by narrowing the carriage way and using high pedestrian activity design techniques to create safer pedestrian environment. · Providing additional pedestrian crossing points aligned with pedestrian links will minimise ‘jay walking’ and other unsafe practices by pedestrians.
The proposed signalised intersection at the corner of Tryon Road and Lindfield Avenue will impact upon the current vehicular movements within the grounds of St Albans Church.	· Minor adjustments to garden beds within St Albans Church grounds will be required to ensure vehicles can be manoeuvred internally so that they will be able to enter and exit from the eastern gate on Tryon Road.
Havilah Lane provides access to the rear of properties that front Lindfield Avenue.	· Vehicular access is to be retained in Havilah Lane.
Bus stops must be retained within a reasonable distance of the station entrance.	· Some adjustments to the bus stop on the western side of Lindfield Avenue will be necessary to allow for safe pedestrian crossing opposite Kochia Lane.
Jay walking is consistently a problem across Lindfield Avenue	· Restricting pedestrian movements across Lindfield Ave by controlling access points and reducing the width of the crossing points will help to improve pedestrian safety.
The Tryon Road intersection with Lindfield Avenue is difficult to negotiate for motorists and pedestrians.	· A signalised intersection will improve the safety for pedestrians and motorists.
Havilah lane is not a pedestrian friendly environment.	· Adjust kerbs and footpaths in Havilah Lane to create a pedestrian friendly street that includes two-way traffic, on-street parking as well as footpaths
Kochia Lane is too narrow for a two-way street. This is an important link to the Lindfield Village Green and station for pedestrians and cyclists.	· Formalise the cycle link through Kochia Lane
Pedestrian crossing points around the centre can be wide and require improvements.	· Provide traffic calming measures at the corner of Tryon Road and Milray Street such as raised crossings and kerbside blisters with kerb ramps for accessibility.
Havilah Road / Lindfield Avenue intersection difficult for pedestrians and cyclists to negotiate	· Introduce a pedestrian refuge on Lindfield Avenue to north of intersection with Havilah Road. · Introduce a raised pedestrian crossing at Havilah Road side of intersection.
Road verge outside station, opposite Tryon Road, is too narrow to be a path.	· Widen this section of path as part of the intersection upgrade.
No formal crossing point for pedestrians near through block link to Tryon Lane, a safer crossing point is needed.	· Introduce visual cues for crossing and traffic calming such as blisters and provide kerb ramps for accessibility.
Tryon Road – trees under power lines are heavily pruned and lack shade and canopy cover, they are of poor visual amenity at the entry of the Lindfield Village Green park.	· Replace trees of poor form, or allow trees that are capable of being reshaped to grow to a full form.

Key Design Inclusions

The proposed key design inclusions for the project are listed below, though this is not an exhaustive list. The inclusions have been separated into works to be delivered for each street within the precinct. (Refer Figure 4)

Lindfield Avenue

- new signalised intersection with Tryon Road – including three-way pedestrian crossing and wider footpath on the western side of the intersection;

- widening of footpaths to east side of Lindfield Avenue;

- selective removal of a few parking bays to create traffic calming blisters with planting beds and to provide clearances for signalised intersection at Tryon Road;

- large format paving for continuity in the streetscape;

- two new raised thresholds and narrower crossing points for pedestrians aligned with pedestrian connections;

- narrower carriageway to reduce speeds and create safer environment for pedestrians

- potential for outdoor dining areas;

- trees relocated away from awnings for increased air space for the development of tree canopies;

- low level shrub planting along sections of kerb to soften the appearance of the streetscape

- street furniture including seats and bins;

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

- wider footpaths near the station entry for improved safety;

- new pedestrian refuge island north of the intersection with Havilah Road; and

- upgrades to bus stops with bus stop opposite Kochia Lane relocated northward to allow space for pedestrian crossing.

Tryon Road

- kiss and ride zone opposite Lindfield Village Green;

- underground power lines;

- new pavement to northern side of the street;

- replace trees of poor form on northern side of the street with super advanced trees to complete the treed boulevard (significant trees to be retained and protected);

- two crossing points - mid-block and near Milray Street Kerb blisters will be created with kerb ramps to slow traffic and place pedestrians in a more visually prominent position; and

- removal of a few on-street parking spaces as necessary for the new signalised intersection.

Milray Street

- raised pedestrian crossings and refuge island;

- raised intersection at Kochia lane to be delivered as part of the Lindfield Village Green project;

- new pedestrian refuge island approaching the intersection of Havilah Road; and

- undergrounding of power lines.

Figure 3 – Artist Impression of Milray Street and Tryon Road intersection

Kochia Lane

- raised intersection at Milray Street to be delivered as part of the Lindfield Village Green project; and

- vehicular traffic flow changed to one-way with shared on road cycle way eastbound and contraflow cycle path (bikes only) westbound.

Havilah Road

- raised pedestrian crossings and refuge island near Lindfield Avenue;

- undergrounding of power lines; and

- replacement trees following underground power installation.

Havilah Lane

- raised pedestrian crossings near Havilah Road intersection;

- wider footpaths and new paving; and

- new car parking bays.

Russell Avenue

- new pedestrian refuge.

An illustrative summary of the proposed key design elements can be found in Attachment A1. Hardcopies of Attachment A1 have been circulated to Councillors with this report.

integrated planning and reporting

Issue P4: Revitalisation of our centres

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4.1.1.1:

Finalise a Local Centres Public Domain Plan and Technical Manual including outdoor dining and activities.

P4.1.1.2:

Finalise the Public Domain Masterplans for Turramurra, Lindfield and Gordon local centres and concept plans for key precincts.

P4.1.1.3:

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

P4.1.1.8:

Finalise strategies and plans for Lindfield Local Centre and surrounds.

P4.1.1.11:

Integrate people and vehicle movements for the primary local centres through the Public Domain Plan, Traffic & Transport studies in collaboration with Transport for NSW (TfNSW).

Governance Matters

The design proposal is consistent with:

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

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

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

· the Draft Access and Disability Inclusion Plan 2020 – 2024;

· the Ku-ring-gai Contributions Plan, 2010; and

· The principles and objectives of the Draft Ku-ring-gai Local Centre Public Domain Plan 2020;

Risk Management

The main risk at this point in the project is that the community will object to some of the proposals within the plan. We are proposing to exhibit this project to correspond with the public exhibition of the Ku-ring-gai Public Domain Plan 2020 so that the community and stakeholders have an understanding of how this project contributes to the overall plan for Lindfield local centre.

A further risk at this point in time is that the cost of the proposed works exceeds the allocated budget. This risk will be mitigated by engaging a quantity surveyor to prepare a cost report before the concept plan is placed on exhibition. In this way staff will ensure the exhibited plan is realistic and fully funded.

Financial Considerations

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

There is currently approximately $7M in S.711 funds available for the project, which will cover all costs for the project including design and associated costs and construction. Currently allocated funds for construction are in Council’s Long Term Financial Plan for the year 2022.

The full extent of the works will be finalised once the cost estimate has been prepared for the project.

Social Considerations

The aim is to create a vibrant street environment for residents and visitors to interact and linger around the retail core and eateries, on any day. The additional and upgraded pedestrian crossings and movement corridors will improve safety in the area. Reduced vehicular speeds and new designated cycle ways will lift in the overall amenity of the project area.

Environmental Considerations

Tree planting will provide shade and add to the urban canopy of Ku-ring-gai. The shading from the trees will not only benefit users of the street, but will cool the adjoining premises, potentially reducing cooling requirements and electrical bills.

The significant native trees in Lindfield Avenue and Tryon Road will be protected and retained. New trees planted in tree pits will have stormwater diverted from the kerb and gutter into the tree pits which will filter the stormwater before ultimately entering the stormwater system, if the water is not absorbed by the trees and plants. This assists in providing additional water to the planting during rain events.

Improved public domain environments such as footpaths, providing safer crossing points for pedestrians and formalisation of some cycle routes will encourage more people to walk and ride to the local centre, leaving the car behind, benefiting the environment.

Community Consultation

Community consultation will be undertaken through the exhibition of the concept plan. On-site information sessions may be provided for the community if COVID safe methods can be assured for the community and Council officers. Contact will be made with business owners within the project area to ensure they are aware of the project and to gain direct feedback about any concerns they may have about the implementation of the project. A full community consultation strategy will be developed in conjunction with Council’s communication team prior to releasing the documents for public exhibition.

Meetings and discussions have been held with a representative of St Albans Church regarding the proposed signalised intersection at the corner of Tryon Road and Lindfield Avenue that will impact upon their current vehicular movements. Transport for NSW will meet with the representative of St Albans Church to ensure they are well informed of the requirements for the safe operation of the signalised intersection.

Initial discussions with Transport for NSW have been held on the overall public domain plan for Lindfield, inclusive of proposed works for Lindfield Avenue and Tryon Road. No issues of concern were raised by Transport for NSW representatives.

The Lindfield Public Domain Plan was presented to Ku-ring-gai elected Councillors on 1 September 2020 where the works proposed for the Eastern Precinct were included. No issues of concern were raised by the Councillors.

Internal Consultation

An internal Project Reference Group (PRG) will be created with representatives from a broad spectrum of Council Departments including Strategy and Environment, Community and Operations Departments. Anticipated representative members of the group of Council Officers are:

· Public Domain Co-ordinator;

· Team Leader Urban Design;

· Community & Business Engagement Coordinator;

· Sustainability Manager;

· Strategic Traffic Engineer;

· Coordinator Design – Operations;

· Manager Technical Services – Operations; and

· Civil Design Engineer.

Summary

The Lindfield Local Centre – Eastern Precinct forms the key streets of the eastern side of the Lindfield local centre. Lindfield Avenue has a high level of pedestrian activity and a number of eateries as well as Harris Farm that is a destination for many shoppers.

The draft revised Ku-ring-gai Local Centre Public Domain Plan 2020 has developed a concept plan for Lindfield Avenue on Tryon Road that consolidates the proposed streetscape works into a workable plan to deliver the project. This project aligns with the future plans for Lindfield as described in the Draft Public Domain Plan. Public domain works will include:

· Selected footpath widening and kerb re-alignments;

· renewed footpaths with high quality paving;

· street tree planting;

· new pedestrian crossings and traffic calming measures;

· designated cycleways;

· signalised intersection at Lindfield Avenue and Tryon Road

· new LED street lighting;

· underground power in a number of streets; and

· general improvements to the streetscapes

This project will be funded through development contributions that have been collected from local developments since 2010 as part of the Development Contributions Plan 2010. The full extent of the works will be finalised once a cost plan has been prepared by a Quantity Surveyor confirming the costs of the works in the current financial terms.

The public exhibition will provide the community an opportunity to comment on the concept plan. Following the exhibition, community feedback will be assessed and reported back to Council.

Recommendation:

That:

A. Council adopts the draft concept designs for upgrade works to key streets and lanes on the eastern side of Lindfield Local Centre for public exhibition; and

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

Maria Rigoli

Public Domain Co-ordinator – Local Centres

Joseph Piccoli

Strategic Traffic Engineer

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Lindfield Avenue Streetscape Concept Plan

Excluded

2020/338388

Ordinary Meeting of Council - 8 December 2020	GB.9 / 303

Item GB.9	S12956

Report on Public Exhibition Draft Ku-ring-gai Retail and Commercial Centres Strategy

EXECUTIVE SUMMARY

purpose of report:	To update Council on the public exhibition of the draft Retail and Commercial Centres Strategy and for Council to consider the submissions received.

background:	The Ku-ring-gai LSPS includes Action: K25. Prepare a Retail/Commercial Centres Strategy to align with population growth and address retail supply and demand in Ku-ring-gai… Consultants AEC have been engaged to undertake the retail and commercial centres strategy for Ku-ring-gai.

comments:	The Draft Ku-ring-gai Retail and Commercial Centres Strategy was placed on public exhibition from 25 September – 23 October 2020. A total of 43 submissions have been received.

recommendation:	That Council receive and note the submissions received.

Purpose of Report

To update Council on the public exhibition of the draft Retail and Commercial Centres Strategy and for Council to consider the submissions received.

Background

The Ku-ring-gai Local Strategic Planning Statement identifies the following 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, their roles and function.

- Future demand for retail and commercial floorspace in the context of population growth, demographic changes and retail trends;

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

The revitalisation of the primary local centre 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 where people can live, work, shop, meet and spend leisure time

Comments

The AEC Group prepared a Retail and Commercial Centres Strategy for Ku-ring-gai. At the OMC 25 August 2020 Council considered the draft strategy, and resolved to place the draft strategy on public exhibition for a period of 28 days.

The draft Ku-ring-gai Retail and Commercial Centres Strategy was placed on public exhibition from 25 September to 23 October 2020. A total of 38 submissions were received during the public exhibition period, and an additional 5 late submissions were received after the close of the exhibition. All submissions received (including late submissions) have been considered and a Submission Summary Table is included at Attachment A1.

A summary of the key matters that were raised within the submissions include:

· Pymble Business Park

Submissions noted the current challenges of the business park, including the steep topography, disconnected public transport, difficult pedestrian access and lack of character and purpose. The submissions supported the recommendation to undertake further detail study into Pymble Business Park.

Comment: It is acknowledged that transport connectivity is a barrier to the optimal utilisation of this area, as is adjoining biodiversity significant lands and areas for potential contamination. The North District Plan directs that urban services land within the North District should be ‘retained and managed’, and this direction will need to be considered as part of any further detail study to be undertaken for Pymble Business Park, and examining its future role, function and land use, alongside urban planning, traffic management and economic impact assessment.

· Lack of infrastructure to support business

Submissions noted that there is a lack of infrastructure to support local businesses, and enabling efficient access for residents to the centres. Comments particularly noted roads, traffic management and lack of public parking. Submissions also highlighted the fact that a lack of suitable employment close to home leads to increased traffic and congestion. Submissions noted that there was a need for bus routes connecting parks, shopping areas high density living areas and the train stations and a lack of premises available and suitable for community club uses (such as community halls).

Comment: The Strategy includes a guiding principle which recommends that Council ‘provide the appropriate infrastructure, streetscape amenity and security to ensure that these centres are sustainable.’ Other key strategic planning documents also consider the need for infrastructure and collaborating with State Government to deliver infrastructure projects, including the Ku-ring-gai LSPS, Integrated Transport Strategy and Public Domain Plans. Council is also in the process on undertaking a Community Facilities Strategy in four (4) parts relating to 1 – Community Centres and Libraries, 2 – Arts and Creative Spaces, 3 – Community Services and 4 – Management Model.

· St Ives Shopping Village

Numerous submissions supported the revitalisation and redevelopment of the St Ives Shopping Village (SISV) to provide for the entertainment, hospitality and retail needs of community, while maintaining the village character. Submissions on behalf on the SISV noted that revitalisation of the shopping village will only occur as part of a comprehensive redevelopment and mixed-use (including residential) proposal.

Submissions noted that St Ives needs the following improvements:

- Better community facilities;

- larger office spaces;

- better entertainment and leisure facilities;

- better alfresco dining and outdoor recreation spaces;

- additional retail, and larger format stores such as Kmart, JB Hi-Fi;

- opportunities to live and work within the centre.

The submission on behalf of the SISV requested that Council prepare a planning proposal for the SISV site.

Comment: The comments from submissions supporting the upgrade and redevelopment of the St Ives Shopping Village are noted and reflected in the draft strategy, which includes a recommendation to prioritise unlocking major developments of Gordon Centre and St Ives Centre. The draft strategy also includes a recommendation to promote mixed-use development in the centres, whilst mandating minimum levels of commercial and retail, as mixed-use will enable developers to overcome the high costs of land consolidation and development constraints.

The comments noting and suggesting improvements such as better community facilities, entertainment facilities, larger format retail and alfresco dining are also reflected in the strategy, which notes that it is most likely that a cinema complex would be suitable at St Ives (or Gordon), and that discount department stores and other large majors or mini-majors should be encouraged in Gordon or St Ives as these locations have the largest provision of existing facilities and the highest trading locations in the LGA.

Regarding the comment requesting Council prepare a Planning Proposal for the SISV site, and reclassify Council landholding, private landholders such as the SISV are able to submit a private planning proposal to Council at any time, including a Planning Proposal seeking the reclassification of public land.

· Gordon

Submissions noted that there had been no substantial investment in Gordon in over 20 years, and supported enhancing and improving the centre to prevent deterioration in quality of retail services. Submissions the following was required for Gordon:

- Better entertainment facilities;

- better alfresco dining and recreation space;

- better linkages to station;

- opportunities to live and work in the centre;

- better community facilities;

- shared office spaces,

Comment: The comments are reflected in the findings of the draft strategy, which notes that if the status quo remains it will likely result in deteriorating commercial and retail assets, higher vacancies, vacant and rundown buildings, increase in escape expenditure to neighbouring LGAs and a reduction in jobs. The draft strategy includes a recommendation that prioritises unlocking major developments of the Gordon Centre, and that Gordon being identified as the major centre in the centre hierarchy, it should be positioned to have the ability to service the population with high quality accessibility and high levels of amenity. The draft strategy includes the following specific recommendations and actions for Gordon:

Recommendations:

- Provide higher order retail facilities that decrease escape expenditure;

- improve the quality of retail offering;

- address future retail undersupply by providing additional supply;

- improvement to the attractiveness of the centre.

Actions:

- Provide outdoor dining opportunities, particularly in St Johns Avenue, with removal of car parking and widen footpaths;

- provide alternative street frontages to the highway to recreate a destination precinct;

- invest in infrastructure and streetscape, security and amenity;

- encourage growth and expansion of retail and commercial uses within the centre, as well as development and renewal to activate the centre.

· Turramurra

Submissions noted that Turramurra should be the next centre to be improved, and supported the delivery of Council’s Turramurra Community Hub. Submissions noted the need to increase development standards (heights and floorspace) in order to make re-development commercial viable, and it was also suggested that the retail supply indicated in the draft strategy was not ambitious enough. Comments also noted that the strategy should include more emphasis on identifying a broader range of smaller tenancies such as restaurants and other complimentary uses such as gyms, medical centres and holistic wellness.

Comment: The comments supporting the revitalisation and growth of Turramurra Local Centre are reflected in the draft strategy which includes the following specific recommendations and actions for Turramurra:

Recommendations:

- Improvement to the attractiveness of the retail offering;

- address the issues of deteriorating quality and escape expenditure;

- attract new retailers with diversified offerings to capture escape expenditure.

Actions:

- Provide orientation of mixed-use towards Turramurra Hub and away from the highway;

- investigate opportunity for Council-owned land in Gilroy lane in conjunction with adjoining land owners to deliver a new and revitalised retail precinct;

- Council to invest in infrastructure, streetscape, security and amenity.

The comments noting the need to increase development standards (heights and floorspace) in order to make re-development commercially viable are reflected in the draft strategy, which includes a recommendation to investigate increases in floor space ration and building heights within the B2 Local Centres zone.

The retail supply indicated in the draft strategy for Turramurra, is based on projected population growth and represents the additional floorspace that is supportable in conjunction with growth in other centres.

An acknowledgment in the strategy of the role of a broader range of small retailing formats to provide services to the local community and support a future supermarket expansion is considered appropriate. However, this in itself will not stimulate development, it only provides for diversity of tenants once development is feasible.

· Entertainment and night time economy

Submissions supported the further entertainment facilities, and specific support was noted for trampoline park, rock climbing, indoor play centre. With regards to cinemas, some submissions noted there was a strong demand for cinemas, while others noted that additional cinemas in Ku-ring-gai are not needed because of those currently provided at Chatswood and Macquarie Park.

Comment: The strategy notes that Ku-ring-gai has limited entertainment facilities, which is possibly due to the lack of larger shopping centres that usually house these facilities. The strategy includes a recommendation to ‘Encourage entertainment facilities in the centres higher up the hierarchy (such as Gordon and St Ives) to create a night time economy.’ Based on the NSW/ACT benchmark of 8.3 screens per 100,000 residents, there is demand for nine (9) screens within Ku-ring-gai, indicating a current undersupply of seven (7) screens.

· Covid

Concern was raised that the draft strategy does not recognise the need to look at strategies for the post covid environment and that the population estimates provided are too high given the lack of immigration and economic consequences of covid.

Comment: The draft strategy has included a high level consideration of the covid-19 pandemic at a point in time (mid 2020), and outlines what some of the potential impacts could be on the retail market and commercial trends. The strategy notes that it is currently difficult to predict the longer term consequences as the pandemic is ongoing and consistently evolving and a lack of recent data. With regards to population projections, the strategy acknowledges that population projections 20 years into the future may not always be accurate due to unknown circumstances and events that could drive population change, that council must be cognisant of these influencing factors and regularly evaluate, monitor and review.

· Existing Retail and Commercial

Submissions noted that there is a shortage of suitable retail and commercial spaces across Ku-ring-gai, which results in environmental, social and economic impacts to the community, particularly with impacts on traffic congestion and greenhouse gas emissions. Submissions noted that residents are required to leave the LGA for basic necessities and that the shopping facilities are of a poor standard. Submissions also noted a lack of supermarkets.

Comment: The draft strategy notes that there is an existing undersupply of 35,000sqm of retail floorspace within Ku-ring-gai, and potentially this undersupply could increase to 58,000sqm with projected population increases to 2036. This growing undersupply of retail floorspace is mainly due to the undersupply of supermarkets, and lack of regional and sub-regional shopping centres, resulting in residents leaving the area to shop in neighbouring centres. The existing provision of supermarket floorspace is lower than the metropolitan Sydney and Australia benchmark. One full line supermarket typically requires a catchment population of 8,000-10,000 people in order to be sustainable. This indicates that 13 full line supermarkets are currently supportable in the LGA, potentially increasing to 15 by 2036.

integrated planning and reporting

Theme 3 – Places, Spaces and Infrastructure

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 Commissions’ 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 and Retail and Commercial Centres Strategy for Ku-ring-gai

Governance Matters

Section 3.8 of the Environmental Planning and Assessment Act 1979 required 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, including:

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

· to protect or expand employment opportunities

The Ku-ring-gai Local Strategic Planning Statement 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

Ku-ring-gai currently has a significant undersupply in the provision of retail floorspace based on the existing population, and there is also projected growth in retail demand within Ku-ring-gai. If Council does not have any strategies in place to appropriately plan for the provision of retail floorspace, it is unlikely that this growth will be captured in the LGA and the following is likely to result:

· Deteriorating commercial and retail buildings;

· higher vacancies;

· reduction in jobs in the LGA;

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

· reduced investment and reduced amenity.

Council’s adopted Housing Strategy to 2036 proposes no changes to existing planning controls including no increases in height and FSR. This is inconsistent with the findings of Draft Retail and Commercial Centres Strategy, which identifies an increase in height and FSR in key centres as fundamental to the revitalisation of centres and the provision of adequate retail and commercial services. Without a change to current planning controls, Council is likely to receive an increase in private planning proposals for increasing height and FSR on various sites within the centres, which may limit Council’s ability to facilitate the redevelopment and revitalisation of the centres in a coordinated manner.

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, and has cost in the order of $124,000 in consultant’s fees. Significant staff time and resources have also been allocated to this project.

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 initial 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.

The draft Ku-ring-gai Retail and Commercial Centres Strategy was placed on public exhibition from 25 September – 23 October 2020. The public exhibition was promoted by the following methods:

· Advertisement in the Sydney Morning Herald 23 September 2020

· Ku-ring-gai E-news 2 and 16 October 2020 – 13,157 subscribers

· Ku-ring-gai Business Connections E-news – 25 September and 19 October 2020 – 1,461 subscribers

· Media release – front page of Council website – 7 October 2020.

All persons who made a submission were notified of this matter being reported back to Council.

Internal Consultation

A Staff briefing was held on 29 July 2020 and a Councillor briefing was held on 4 August 2020.

Summary

The Ku-ring-gai LSPS includes Action: K25. Prepare a Retail/Commercial Centres Strategy to align with population growth and address retail supply and demand in Ku-ring-gai.

Consultants AEC have been engaged to undertake the retail and commercial centres strategy for Ku-ring-gai.

The Draft Ku-ring-gai Retail and Commercial Centres Strategy was placed on public exhibition from 25 September – 23 October 2020. 38 submissions were received and 5 late submissions were received.

The draft strategy is premised on promoting mixed-use development in the centres, whilst mandating minimum levels of commercial and retail, as mixed-use will enable developers to overcome the high costs of land consolidation and development constraints. In light of Council’s recent decision in relation to its draft Housing Strategy, it is not appropriate that this report recommend other than simply that Council receives and notes submissions.

Recommendation:

That Council receive and note the submissions received to the draft Ku-ring-gai Retail and Commercial Centres Strategy.

Bethany Lane

Student Planner

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⇩

Submission Summary Table - Retail and Commercial Centres Strategy

2020/342518

Ordinary Meeting of Council - 8 December 2020	GB.11 / 329

Item GB.11	S06373

Royal Commission into the 2020 Bushfires and NSW Bushfire Inquiry

EXECUTIVE SUMMARY

purpose of report:	To advise Council on the relevant findings and recommendations from the NSW Bushfire Inquiry and the Royal Commission into Natural Disaster Arrangements (Bushfire) Final Reports, particularly with reference to future fire management trends and the role of local government.

background:	In August and October 2020 the NSW Bushfire Inquiry and the Royal Commission into Natural Disaster Arrangements (Bushfire) final reports were released respectively. Both inquiries and reports arose from the 2019-2020 fire season and its impacts. Recommendations from both reports are expected to have high-level and operational impacts in the already complex arena of fire management.

comments:	As a large proportion of Ku-ring-gai is contained within Bushfire Prone Land, it is considered very opportune for Council to both note and consider the major recommendations for future fire management.

recommendation:	That Council receive and note the contents of this report.

Purpose of Report

Background

There have also been over 240 formal inquiries and reviews in Australia in relation to natural disasters since 1927. Collectively, these reports have made thousands of recommendations and findings. Major findings from both the Royal Commission into National Natural Disaster Arrangements (Bushfire) and the NSW Bushfire Inquiry Reports, are discussed below where relevant to Ku-ring-gai Council operations.

In 1939 the very famous Judge Stretton chaired the 1939 Royal Commission into the disastrous Victorian bushfires. The words below, from his summary page, ring just as true as we all have experienced in the ‘unprecedented’ 2019-2020 fire season:

“The rich plains, denied their beneficient rains, lay bare and baking - and the forests, from the foothills to the alpine heights, were tinder. The soft carpet of the forest floor was gone; the bone-dry litter crackled underfoot; dry heat and hot dry winds worked upon a land already dry, to suck from it the last, least drop of moisture. Men who had lived their lives in the bush went their ways in the shadow of dread expectancy. But though they felt the imminence of danger they could not tell that it was to be far greater than they could imagine. They had not lived long enough. The experience of the past could not guide them to an understanding of what might, and did, happen. And so it was that, when millions of acres of the forest were invaded by bushfires which were almost State-wide, there happened, because of great loss of life and property -, the most disastrous forest calamity the State of Victoria has known.”

In August and October 2020 the NSW Bushfire Inquiry and the Royal Commission into Natural Disaster Arrangements (Bushfire) final reports were released respectively. Both inquiries and reports were resultant from the 2019-2020 fire season and its impacts. Recommendations from both reports are expected to have high-level and operational impacts in the already complex arena of fire management.

Comments

The Royal Commission into National Natural Disaster Arrangements (Bushfire) Report was released on 28 October 2020. The full report contains more than 500 pages, twenty-four chapters, a huge Appendix and up-to-date referencing. More than 1,700 (documented) public submissions were received and the report contains 80 recommendations. The 80 recommendations from the Commission provided advice on a range of areas, from the coordination of all levels of government during emergencies, warning systems for the public, climate data, building construction, land use planning and insurance, the role of the Australian Defence Force and how charities and other groups can best respond in the wake of disasters.

The terms of reference of this Royal Commission were broad and directed us to examine, among other things:

• The responsibilities of, and coordination between, Australian, state, territory and local governments relating to natural disasters;

• Australia’s arrangements for improving resilience and adapting to changing climatic conditions;

• What actions should be taken to mitigate the impacts of natural disasters; and

• Whether changes are needed to Australia’s legal framework for the involvement of the Commonwealth in responding to national emergencies.

The report fully recognised the huge and varied role local government plays in fire management – particularly as custodians of local knowledge and being proactive in the preparedness and land-use planning phases – so often over-looked (compared to reactive response and fire suppression). Resourcing for fire management is seen as incredibly variable amongst the many local governments in Australia. The Royal Commission acknowledges that local government will, in general, have a more detailed understanding of its local community (e.g. on specific risks, vulnerabilities and locally available resourcing) than other levels of government, hence delegation from state legislation to local governance is effective for disaster management and for restoring local communities after a disaster.

Putting the whole Royal Commission major findings into a nutshell, a ‘whole-of-nation’ effort and cooperation is necessary to make Australia more resilient to natural disasters, which are predicted to become both more frequent and intense. This calls for action, not only by all levels of government and individuals, but also by industry, businesses, charities, volunteers, the media, community groups and others. All phases of activity – planning, preparedness, communications and technology, land management, response and recovery (short and long-term) are essential to managing bushfire impacts. The Royal Commission emphasised that transparent, accountable and strong coordination and cooperation is critical to strengthen our national resilience to disaster events. Many of the 80 recommendations are more generic and policy-focused than many of those in the NSW Bushfire Inquiry and implementation of the many inter and intra-government and overall strategic actions may be difficult to implement in a short timeframe.

The NSW Bushfire Inquiry (the Inquiry) was also recently released, on 25 August 2020, by NSW Parliament, which has reviewed the causes of, preparation for and response to the 2019-20 bushfires. The Inquiry was chaired by Dave Owens APM, former Deputy Commissioner of NSW Police, and Professor Mary O’Kane AC, Independent Planning Commission Chair and former NSW Chief Scientist and Engineer.

The Inquiry met and heard directly from people who have been affected by the 2019-20 bushfires and received 1,967 submissions from emergency, support personnel, organisations and general public informing the Inquiry.

The NSW Bushfire Inquiry made 76 recommendations in its response. Some of these recommendations are for immediate action whilst others need to commence now but will take time to complete. These recommendations broadly range from improvements to operational systems and processes through to significant research and strategic policy frameworks that require further development and consultation with key stakeholders. A consistent need was for good quality and up-to-date data – from which to make good decisions on all facets of fire management from. This will require significant government and private investment to achieve. It should be noted that further investment and significant resourcing may be required within Council to implement a number of these recommendations.

· The Inquiry acknowledges Local Governments’ essential role in bush fire preparedness, response and the substantial efforts of Council staff in contributing towards bushfire preparedness, planning and response.

· Key themes for local government which are required to support enacting the Inquiries recommendations would include:

- increased accountability and potential auditing of Councils’ fire management programs;

- increased community education and awareness programs;

- increased local capacity building to support community resilience both during and after bushfires;

- greater support for Councils’ Local Emergency Management Officer role;

- greater support for strategic planning and compliance for new and potential retrofitting of built assets;

- greater support for bushfire risk reduction activities and communication of such activities to the community.

In addition, implementation of future bushfire mitigation planning / activities may need to consider COVID restrictions / protocols.

Many of the recommendations from the NSW Bushfire Inquiry do involve extra data needs and resources from local government in the state – ranging from aspects such as maintaining accurate fire history databases, extensive participation in regional fire management committees, maintenance of Asset Protection Zones and fire trails to new RFS prescriptions, further fuel reduction (prescribed burning) works, high-level land-use planning in bushfire prone lands and a need for further community awareness and preparedness programs to strengthen the understanding and resilience of the many residents living at the bushland-urban interface. Ku-ring-gai’s current and very innovative Climate Wise Communities (CWC) program is a pro-active tool for enhancing overall resilience to bushfire impacts.

Attachment A1 provides details of all recommendations considered relevant to local government from both reports. These are further discussed in relation to possible implications for Council.

integrated planning and reporting

Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C7.1: An aware community able to prepare and respond to the risk of life and property from emergency events.

N4.1: A community addressing and responding to the impacts of climate change and extreme weather events.

C7.1.1: Emergency Management Plans are developed and implemented, in partnership with emergency service agencies and key stakeholders.

N4.1.2: Council's vulnerability to climate change is reduced.

C7.1.1.2: Implement the Hornsby Ku-ring-gai Bush Fire Risk Management Plan, in consultation with the Hornsby Ku-ring-gai Bush Fire Management Committee.

N4.1.2.1: Implement priority actions in the Climate Change Adaptation Strategy

Governance Matters

This report (specifically the details contained in Attachment A1) indicate the recommendations that may require the levels of government to either implement or participate in – at either a strategic or operational level. A number of these recommendations may become either legislative or a mandatory requirement for local government. A watching brief will be kept by staff in order to prepare Council for any changes legislative, financial, or resourcing required to enact any of the recommendations.

Risk Management

The overall aim of the reports’ recommendations are to further strengthen community resilience, increase response cooperation and coordination with all stakeholders and to lessen overall bushfire impacts on the community.

Impacts from future landscape climate-driven wildfires are a risk that must be mitigated through a combination of approaches – community awareness and consultation, preparedness, housing construction levels and land-use planning control measures and effective response and suppression of fire events. Post-fire recovery is the very last stage of the process – and hopefully impacts can be avoided before this phase is required.

It should be noted that both reports discussed the important issue that fuel reduction using prescribed burning may only have limited effectiveness in minimising intensity and impacts from larger landscape-scale fires. It is critical that the public realise that hazard reduction burning may not always be the most effective means for risk reduction at the bushland-urban interface. More research is urgently required on this issue.

The risk of not complying with any recommendations, as they are enacted, in either a legislative or non-mandatory capacity, is that fire management will not be of a best-practice level. Considering the high likelihood of any future risk and the potential consequences, particularly because of Ku-ring-gai’s extensive urban-bushland interface, the risk of not implementing all required recommendations, as phased-in by either Federal or State government, would be very high – in terms of legal, social and environmental consequences.

Financial Considerations

Although none of the recommendations have a proposed timescale for implementation, it is anticipated that a number of recommendations will require implementation on the 2021-2022 financial period. Although not yet known or investigated, further Council resourcing may be required when a number of the recommendations, particularly those that are legislative and mandatory, are required to be actioned.

Implications for resourcing to implement these further actions are not yet known, but once further advice is received from fire agencies (i.e. NSW RFS, AFAC) then more accurate financial estimates can be developed.

Social Considerations

Considering the previous 2019-2020 fire season and its catastrophic consequences of many areas of New South Wales, many residents of Ku-ring-gai are particularly concerned about the risk of future bushfire impact and have expressed their concerns to Council staff. The recommendations from both inquiries will assist in further strengthening community resilience and enhance and provide direction for Council’s pro-active approach to fire management. Past and current participation on the Hornsby Ku-ring-gai Bush Fire Risk Management Committee, Council’s very successful and much-lauded Climate Wise Communities program and dedicated staff resources are evidence of the commitment by Council to bushfire management. Many of the recommendations pertain to strengthening the awareness, resilience and preparedness of residents residing in Bushfire Prone Lands.

Environmental Considerations

Fire management requires a complex interplay between protection of assets, particularly at the bushland-urban interface, by means of fuel reduction methods, whilst at the same time being able to satisfy the ecological requirements of our diverse and treasured ecological communities and biodiversity by implementing best-practice fire regimes. The recommendations from both the Royal Commission and the NSW Bushfire Inquiry will assist in further management of our extensive bushland-urban interface within Ku-ring-gai – particularly in terms of refining best practice fire management with a changing climate and changing fire seasons.

Community Consultation

Extensive community consultation was undertaken in the process of drafting both the Royal Commission (Bushfire) and the NSW Bushfire Inquiry Reports. The results of both reports are publicly available on the web and the media has publicised the major findings. The Bushfire Technical Officer will use the findings and develop appropriate ways to disseminate relevant material to all stakeholders and residents.

Internal Consultation

Internal consultation with both Strategy and Environment and Operations is now underway to prepare for the adoption of necessary recommendations into fire management work plans and forward planning and budgeting.

Summary

The recommendations from both the Royal Commission (Bushfires) and the NSW Bushfire Inquiry number 156 in total. The recommendations range from being very broad and strategic (e.g. a number focused at inter-government cooperation and coordination during emergency declarations) to very specific and operational in context (e.g. collection, collation and sharing of data on fuel loadings in a standardised format).

It is expected that Council will be expected to adopt a number of these recommendations, particularly those focused at the local government fire management level. Council already performs a number of the proposed recommendations in its current fire management work plans and it is expected that the adoption and implementation of the extra actions, over an as yet unknown time period, can be readily achieved. Implications for resourcing to implement these further actions are not yet known, but once further advice is received from fire agencies (i.e. NSW RFS, AFAC) then more accurate estimates can be developed.

The adoption of these new recommendations by Council into its fire management program will greatly assist in the overall aim of increasing community resilience to future disasters, particularly to minimise fire impacts at the extensive bushland-urban interface zone, which is a significant and ongoing issue for Council.

Attachment A1 gives specific details of the scope and nature of the proposed recommendations.

Recommendation:

That Council receive and note the contents of this report.

Mark Schuster

Technical Officer Bushfire

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Royal Commission (Bushfire) and NSW Bushfire Inquiry REPORTS

2020/338485

Ordinary Meeting of Council - 8 December 2020	GB.12 / 344

Item GB.12	RFT10-2020

RFT10-2020 828 Pacific Highway Gordon - Lifts Replacement

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for 828 Pacific Highway Gordon – Lifts Replacement and to appoint the preferred tenderer.

background:	828 Pacific Highway Gordon requires the three (3) lifts to be replaced due to age and wear. As part of the work, the lift motor room will be decommissioned. Also as part of the Tender requirements a five (5) year comprehensive maintenance contract will also be executed. Tender documents were released through Tenderlink on 22 September 2020 and closed on the 3 November 2020.

comments:	Council received five (5) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council. A Tender Evaluation Panel consisting of staff from the Operations and Strategy and Environment Department was formed to assess the five (5) tenders received. The Tender Evaluation Committee also engaged JCA Lift Consultants for a review and a recommendation presentation on the tender submissions.

recommendation:	That, 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 828 Pacific Highway Gordon – Lifts Replacement and to appoint the preferred tenderer.

Background

828 Pacific Highway Gordon requires the three (3) lifts to be replaced due to age and wear. As part of the work, the lift motor room will be decommissioned. Also as part of the Tender requirements a five (5) year comprehensive maintenance contract will also be executed.

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. Tender documents were released through Tenderlink on 22 September 2020 and closed on the 3 November 2020.

Comments

Five (5) tenders were received and recorded in accordance with Council’s tendering policy. The tenders were assessed using agreed criteria which identified the best value for money to Council.

A Tender Evaluation Panel consisting of staff from the Operations and Strategy and Environment Department was formed to assess the five (5) tenders received. The Tender Evaluation Committee also engaged a consultant to undertake an independent review of the tender submissions and advise the Evaluation Panel on the findings. This included differences in the tender proposals for the lift car and other technical areas associated with the mechanics of the lifts.

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

Sustainable Resource Management

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

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

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

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

Governance Matters

Tender documents were prepared and released through Tenderlink on 22 September 2020 and closed on the 3 November 2020. At the close of tender, five (5) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations and Strategy and Environment Department was formed to assess the five (5) 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 contract:

· That the contract be carried out by a contractor with the organisational suitability and resources to deliver on the full range of waste services

· 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. Prior to awarding a contract, an independent Performance and Financial Assessment will be carried out on the preferred tenderer to ensure that they are trading responsibly and have the financial capacity to undertake the contract 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

Funding for the Lifts replacement at 828 Pacific Highway Gordon is funded from the 828 leasing capital expenditure budget.

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

Environmental Considerations

There were no environmental impacts identified.

Community Consultation

The relevant stakeholders were informed of the works required to the 828 Pacific Highway building including building managers CBRE and all tenants.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT10-2020 828 Pacific Highway Gordon Lifts Replacement was released through Tenderlink on 22 September 2020 and closed on the 3 November 2020. A Tender Evaluation Panel was formed consisting of representatives from the Operations and Strategy and Environment Department. Council received five (5) 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 Lifts replacement at 828 Pacific Highway Gordon

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 Regulation

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT10-2020 List of Submitters		Confidential
	A2	RFT10-2020 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 8 December 2020	MM.1 / 27

Item MM.1	CY00473/7

Ordinary Meeting of Council - 8 December 2020	GB.10 / 322

Item GB.10	CY00413/8

Ordinary Meeting of Council - 8 December 2020	NM.1 / 345

Item NM.1	S11530/2