Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 25 July 2023 AT 7:00PM

Level 3, Council Chamber

Agenda

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

https://www.krg.nsw.gov.au under the link to business papers

The Livestream can be viewed here:

https://www.krg.nsw.gov.au/Council/Council-meetings/Council-meeting-live-stream

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the KRG 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.

In accordance with clause 3.23 of the Model Code of Meeting Practice, Councillors are reminded of the oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Please refer to Part 4 of Council’s Code of Conduct for Pecuniary Interests and Part 5 of Council’s Code of Conduct for Non-Pecuniary Interests.

The Oath or Affirmation taken is as below:

Oath:

I [name of Councillor] swear that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Affirmation:

I [name of Councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

GB.1 Council Sponsorship Applications 2023-2024

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

Attachment 1: Wahroonga Village Fair Sponsorship

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

Attachment 2: Wahroonga Food & Wine Festival Sponsorship

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

Attachment 3: Bobbin Head Cycle Classic Sponsorship

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

Attachment 4: Bare Creek Run - Challenge Works Pty Ltd Sponsorship

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

Attachment 5: Roseville Story Productions Sponsorship

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

Attachment 6: Special Olympics Sydney Upper North Shore Club Sponsorship

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

Attachment 7: Dogs in the Park NSW Sponsorship

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

Attachment 8: Ku-ring-gai Shield - St Ives Bowling Club Sponsorship

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

Attachment 9: Ku-ring-gai Art Society Sponsorship

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

Attachment 10: St Ives Preschool Kindergarten Sponsorship

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

Attachment 11: Northlight Anglican Church West Pymble Sponsorship

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

Attachment 12: MSTYP Sponsorship

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

Attachment 13: Ku-ring-gai Philharmonic Orchestra Incorporated Sponsorship

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

Attachment 14: Welcome Basket Sponsorship

GB.6 Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council

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

Attachment 1: Heads of Agreement - Ready for execution - NSFA and KRG - NTRA

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

Attachment 2: HoA Considerations Table - NSFA and KRG - NSFA

GB.7 Active Transport Reference Committee - recruitment of members

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

Attachment 1: List of nominees (1st and 2nd round) and recommended members

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

Attachment 2: Consolidated Submission Nominations (1st round)

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

Attachment 3: Consolidated Submission Nominations (2nd round)

GB.12 Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy,
Pymble; 1192 Pacific Hwy, Pymble

In accordance with 10A(2)(c) and (d)(i):

Attachment 3: Financial Considerations and Permitted Uses - Town Hall and Presbytery 1186-1188 Pacific Hwy, Pymble

GB.13 Draft Planning Agreement - Exhibition Roseville Memorial Club

In accordance with 10A(2)(c):

Attachment 2: Roseville Memorial Club Valuation Update - 7 November 2022

In accordance with 10A(2)(c):

Attachment 3: Purchase price for Part 62 Pacific Highway, Roseville

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 12

File: S02131

Meeting held 20 June 2023

Minutes numbered 69 to 91

minutes from the Mayor

MM.1 The King's Birthday Honours 2023 35

File: S14221

I am pleased to inform you that 12 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2023 King’s Birthday Honours.

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

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

Mr David Thomas ANTHONY AM of Turramurra, for significant service to the agricultural sector, and to the community of Narrabri

Mrs Fiona Elizabeth BALFOUR AM of Roseville, for significant service to corporate governance, and to the aviation sector

Mr Michael You To CHOW OAM of St Ives, for service to the community through a range of organisations

Mr Alan Raynor COLE OAM of Wahroonga, for service to the community of Turramurra

Mrs Lesley Sharon GILD OAM of St Ives, for service to business and commerce in Ballarat

Mrs Susanne Kaye HAMILTON OAM of North Turramurra, for service to softball, and to lawn bowls

Mr Jeffrey Howard NEWMAN OAM of Killara, for service to philately

Dr Irene O’CONNELL OAM of St Ives, for service to the law

Mr Simon PENNINGTON OAM of Pymble, for service to rowing

Miss Rose-Marie RADLEY AM of Wahroonga, for significant service to community health, and to the nursing profession

Mrs Jeannette Joy TSOULOS OAM of West Pymble, for service to the Jewish community

Mr Christopher Charles VONWILLER AM of Gordon, for significant service to science and technology development

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

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

Recommendation:

A. That Council acknowledge the outstanding contribution made by these recipients of the King’s Birthday Honours 2023 to the Ku-ring-gai community and to the well-being of our society.

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

MM.2 AUSTRALASIAN LOCAL GOVERNMENT MANAGEMENT CHALLENGE 37

File: S14082

The purpose of this Mayoral Minute is to acknowledge the tremendous achievement of our Council in representing NSW for two years running in the finals of the Australasian Local Government Management Challenge.

The Management Challenge is an annual event hosted by Local Government Professionals Australia, an association representing Councils in Australia and New Zealand.

As its name suggests, the Challenge seeks to develop young and emerging local government leaders through a series of tasks designed to challenge their leadership capabilities.

Participating Councils select a team of six staff and various mentors – usually senior managers – to guide and advise them before the challenge starts. Each team participates in a pre-challenge task which simulates a real-life scenario in a Council. Teams are then pitted against each other in a fast-paced regional day of various challenges and scenarios.

In 2022 the Ku-ring-gai Council team won the NSW regional final and competed in the national finals that year.

This year, a new team from the Council has again won the NSW regional final of the Management Challenge and will go on to compete in the national finals later this year.

It is almost unprecedented for a team from the same Council to win a regional challenge two years in a row. Both the 2022 and 2023 Ku-ring-gai Council teams deserve praise for this excellent result and for representing NSW Councils in such an exemplary way.

On behalf of our Council and our community, I wish the Ku-ring-gai Council team all the best in the national finals of the Challenge. We are very proud of your achievement!

Recommendation:

That Council acknowledge the outstanding achievement of the team and wish them well for the national finals next month.

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 Council Sponsorship Applications 2023-2024 38

File: FY00275/15

To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2023–2024.

Recommendation:

That Council approve sponsorship funding for Events, Arts and Cultural and General Sponsorship, as recommended in this report.

GB.2 Review of ward boundaries 48

File: S13912

To review Ku-ring-gai Local Government Area ward boundaries.

Recommendation:

That Council note the attached information and retain the current ward boundaries.

GB.3 Investment Report as at 30 June 2023 65

File: FY00623/5

To present Council’s investment portfolio performance for June 2023.

Recommendation:

That the summary of investments performance for June 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.4 Monthly Project Status Report - June 2023 72

File: FY00621/5

To provide Council with the Project Status Report for April - June 2023.

Recommendation:

That Council receive and note the Project Status Report for June 2023.

GB.5 Generic Plan of Management, General Community Use - For Exhibition 79

File: S13466

To seek endorsement of the draft Generic Plan of Management - General Community Use for exhibition.

Recommendation:

That Council endorses the draft Plan of Management – General Community Use as attached to this report for public exhibition with Crown Approval in accordance with the requirements of the Local Government Act and CLM Act.

GB.6 Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council 157

File: S13678-3

For Council to determine if it wishes to enter into a Heads of Agreement (HoA) with the Northern Suburbs Football Association (NSFA) for the construction of a new grandstand and associated facilities at the North Turramurra Recreation Area, primarily for use by NSFA.

Recommendation:

If Council accepts the risks, costs, and benefits associated with the project and draft Heads of Agreement, it resolves to endorse the HoA, based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at existing sports ground as the basis for finalising transaction documents for the project.

GB.7 Active Transport Reference Committee - recruitment of members 164

File: S02696

To consider further nominations for community representatives to the Active Transport Reference Committee.

Recommendation:

That Council appoint members to the Active Transport Reference Committee as outlined in this report.

GB.8 2023/2024 - Heritage Home Grants - Allocation of Funding and Conditions 171

File: FY00674

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2023/24.

Recommendation:

That Council approves the grant applications as set out in this report for the Heritage Home Fund 2023/24 and that Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding.

GB.9 Sustainable Recreation Advisory Group Minutes - 6 March 2023 185

File: S13163

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 6 March 2023.

Recommendation:

That Council receive and note the Sustainable Recreation Advisory Group minutes from 6 March 2023.

GB.10 Minutes of Heritage Reference Committee of 22 June 2023 203

File: CY00413/11

To have Council consider the minutes from the Heritage Reference Committee (‘HRC’) meeting of 22 June 2023

Recommendation:

That Council receive and note the Heritage Reference Committee minutes from 22 June 2022.

That Council receive and note the Heritage Reference Committee report on the spelling of Narelle Avenue, Pymble and recommendation for no change.

GB.11 Environmental Levy Grant Program -
Round 25 257

File: S04553/19

To seek Council’s endorsement to fund round twenty-five (25) of the Environmental Levy grants program.

Recommendation:

That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund twenty-eight (28) projects, totalling $100,105 under round twenty-five (25) of the Environmental Levy grants program.

GB.12 Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble 268

File: S13795

For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.

Recommendation:

That the Planning Proposal be submitted to the Department of Planning and Environment for Gateway Determination, and that upon receipt of a Gateway Determination, the exhibition, public hearing and consultation process is carried out, and a report be brought back to Council.

GB.13 Draft Planning Agreement - Exhibition Roseville Memorial Club 288

File: S12306/2

To seek Council’s endorsement for the exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment at Part 62 and 64-66 Pacific Highway, Roseville.

Recommendation:

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

GB.14 District Park Master Plans - Review of Program 298

File: S13467

To review the District Park Landscape Master Plan Program considering the findings of the draft Open Space and Recreation Needs Study reported to Council in June 2023.

Recommendation:

That Council completes the district park master plan program and replace it with a new program focusing on planning for recreation facilities within Council’s larger sporting and recreation spaces as described in this report and that a further report be brought back to Council setting out the details of the new program including objectives, priorities and potential funding.

GB.15 Bushfire Prone Land Mapping Update 2023 draft 309

File: S06342/3

For Council to note amendments to the Bush Fire Prone Land Map 2015 and to seek Council's approval to exhibit the draft Bush Fire Prone Land Map 2023 for the Ku-ring-gai Local Government Area (LGA).

Recommendation:

That Council approve the draft Bush Fire Prone Land Map 2023 for public exhibition.

Extra Reports Circulated to Meeting

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

Questions With Notice

QN.1 PROPOSED CONSTRUCTION OF NEW GRANDSTAND AND ASSOCIATED FACILITIES – NORTH TURRAMURRA SPORTING FIELDS 332

File: EM00041/11

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 20 June 2023

Present:	The Mayor, Councillor J Pettett (Chairperson) Councillor G Taylor (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillor M Smith (St Ives Ward) Councillor C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:	General Manager (John McKee) Director Community (Janice Bevan) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Finance (Angela Apostol) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Nicole Kratochvil)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer

Apologies

File: S02194

Councillor Spencer advised of an apology from Councillor Kay due to illness.

Resolved:

(Moved: Councillors Spencer/Wheatley)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

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:

GB.15 Post Exhibition - Revised Resourcing Strategy 2023-2033, Revised Delivery Program 2022-2026 and Operational Plan 2023-2024

GB.16 RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre
KFAC 50M Pool refurbishment

Memorandums:

GB.2   Memo to Councillors and Directors from Manager
            Corporate Communications dated 20 June 2023 Re:
            Draft Social Media Policy amendments

GB.12 Memo to Mayor, Councillors, GM, Directors and
            Governance from Director Strategy & Environment
            dated 20 June 2023 Re: Ku-ring-gai DCP Housekeeping
            Review

GB.15 Members Petition - North Turramurra Golf Course (55
signatures received)

NM.1 Petition - Support the NTRA Development for Enhanced
            Recreation Facilities and Community Engagement - The
            Northern Suburbs Football Association (NSFA) is
            seeking support for the North Turramurra Recreation
            Area (NTRA) Development, a vital initiative to improve
            recreational amenities and foster community
            engagement (2354 names including 115 comments
            received)

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING File:

File: S02499/9

Resolved:

(Moved: Councillors Spencer/Smith)

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

GB.4 Councillor Interaction with Staff and Access to
Information Policy

In accordance with 10A(2)(f):

Attachment 2: Draft Councillor Interaction with Staff and Access to
Information Policy

GB.11 Reclassification Planning Proposal 261 Mona Vale Rd,
St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy,
Pymble

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

Attachment 3: Financial Considerations and Permitted Uses - Town Hall and
Presbytery 1186-1188 Pacific Hwy, Pymble

GB.16 RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre
KFAC 50M Pool refurbishment

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

Attachment 1: RFT4-2023 - List of Submitters

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

Attachment 2: RFT4-2023 - Tender Evaluation Report

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: EM00041/4

Meeting held 16 May 2023

Minutes numbered 56 to 68

Resolved:

(Moved: Councillors Wheatley/Ward)

That Minutes numbered 56 to 68 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

Damaging increase in Emergency Services Levy costs

File: S09112/11

Vide: MM.1

I am calling on Councillors to support representations to the NSW Government in response to the highly damaging increase in the Emergency Services Levy (ESL) imposed on all councils without warning for the 2023/24 financial year.

The ESL is a cost imposed on councils and insurance policy holders to fund the emergency services budget in NSW. The majority is paid as part of insurance premiums, with a further 11.7% funded by councils and 14.6% by the NSW Government. The ESL represents cost shifting at its worst, as it is imposed on councils without any mechanism for councils to recover costs.

Local Government NSW advise that the levy increase for the State’s 128 councils in 2023/24 amounts to almost $77 million, with the total cost imposed on the local government sector increasing from $143 million in the current financial year to $220 million next year. This represents a 53% increase, completely overshadowing the IPART rate peg of 3.7% for 2023/24. LGNSW further advise that reporting suggests that the increase in costs this year reflects a 73% increase in the State Emergency Service budget and an 18% funding increase to Fire and Rescue NSW. The impact of these large increases on council finances will be particularly severe in 2023/24 as a result of the NSW Government deciding to scrap the subsidy for council ESL payments.

For many councils, the unexpected costs will absorb almost all of their IPART approved rate rise for this year and in some cases absorb more than 100%. This is placing local government budgets under enormous pressure as they struggle from the combined impact of the pandemic, extreme weather events, high inflation and wage increases.

IPART approved rate rises are intended to compensate for the impacts of inflation and increases in costs associated with delivering council services. Instead, the rate increase will have to be diverted to the significantly higher ESL payments this year.

Council’s net ESL contribution has increased from $2.66m in 2022/23 to $4.35m in 2023/24. This increase of $1.69m is comprised of an $860k increase in the levy, and a $830k impact from the removal of the rebate previously provided by the NSW Government. This additional $1.69m amounts to 63% of the IPART approved increase to rates income of $2.68m for 2023/24, leaving only $990k to cover all other cost increases. With the mandatory Award wage increase forecast to cost Council an additional $2m in 2023/24, the combined increase to wages and the ESL will outstrip rates revenue growth by more than $1m. In addition, there is the impact on Council’s budget of high inflation on the cost of materials, services and capital works.

If the NSW Government’s decision is not reversed, Council will have less financial capacity to provide essential community services and infrastructure into the future. The timing of this development is particularly challenging for councils as it comes so late in the local government budgeting cycle, well after IPART’s rate determination for the coming financial year and after Council has publicly advertised its Operational Plan and annual budget to the community.

Ku-ring-gai strongly supports a well-funded emergency services sector and the critical contribution of emergency services workers and volunteers. However, these services must be supported through an equitable, transparent and sustainable funding model.

Local Government NSW has raised the serious concerns of the local government sector with the NSW Government and is seeking the support of councils across NSW in amplifying this advocacy.

Resolved:

(Moved: The Mayor, Councillor Pettett)

That:

A. Council writes to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Members:

Expressing Council’s strong opposition to the NSW Government’s last-minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community.
Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, along with the scrapping of the subsidy, the base 3.7% rate increase allowed by IPART has been significantly eroded, reducing the ability of Council to provide essential community services and infrastructure.
Calling on the NSW Government to take immediate action to:

i. Restore the ESL subsidy in 2023/24.

ii. Urgently introduce legislation to decouple the ESL from the rate peg, to enable councils to recover the full cost and identify the decoupled charge as a separate item on rates notices.

iii. Develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

B. Council writes to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress.

C. Council writes to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

CARRIED UNANIMOUSLY

Stronger measures to reduce waste

File: S10762

Vide: MM.2

The purpose of this Mayoral Minute is to outline ways in which Ku-ring-gai Council along with other Sydney councils can advocate for stronger measures to reduce waste.

Across Australia, people are asking for more ambitious action on climate change. Reducing waste and its impact on the environment is one of the key actions councils can take to lower our emissions.

All councils have a key role to play in reducing waste and its impact on the environment.

Across the Sydney metropolitan area, 55 per cent of household and commercial waste goes to landfill each year. This results in the loss of valuable resources, costing businesses and households more than $750 million in waste levies each year.

I propose that Council resolves to work with other Sydney councils on

a. reducing waste

b. improving environmental outcomes where waste has to be processed and

c. finding solutions for the residue that is left.

I also ask that our council continues to lobby the NSW Government to invest revenue from its waste levy for council and industry initiatives that:

a. accelerate the transition to a circular economy

b. build the waste infrastructure needed to meet the growing pressures of population growth, loss of landfill capacity and a lack of competition in the sector.

c. educate and support communities to reduce waste

Sydney councils must meet ambitious resource recovery and waste reduction targets, while also meeting the community’s expectations for uninterrupted services and public health outcomes. The time has long passed when councils collected rubbish and transported it to a landfill where it would slowly rot away.

Achieving an overhaul of the waste industry requires strategic input from Mayors, Councillors, and Council staff.

Providing viable waste services for the community is no longer solely an operational issue for council staff to manage. Industry-wide changes include a limited number of suppliers, a lack of processing infrastructure and a shortage of readily accessible waste collection and transfer sites.

These issues present local government with the prospects of rising costs, increasing truck movements and resource recovery rates that are static at best. Few options exist for increased efficiency or resource recovery improvements, or to reduce landfill.

The original drivers of public health and hygiene have been supplemented by the need to reduce pollution, lower carbon emissions, and recover and re-use resources. Collecting waste is only part of the picture; councils must make strategic decisions about where this waste will go.

The last 20 years have seen significant positive change. Recycling has been introduced for glass, hard plastics, paper and cardboard. There are separate collections for mattresses, electronic waste, tyres, clothing, mobile phones, batteries and chemicals. Landfill sites are capturing methane to generate energy. There could soon be collections for food waste and garden organics.

In spite of these successes, waste processing and disposal have not kept pace with recent changes, the population is growing and waste generation rates continue to increase. Most Sydney councils must pay to haul recyclable materials and waste far outside their local area, and new transfer capacity is difficult to secure due to the cost and availability of appropriately zoned land.

Data shows that councils will not be able to meet NSW and Commonwealth targets with our current systems. Even with the highest efficiencies, progress in domestic waste collection and recovery will be impossible without major and expensive changes.

The waste levy on landfill is an incentive to recycle, but in a failing market just adds to the costs that Council must charge the community. Only about 7 per cent of $800 million in annual waste levy revenue comes back to councils and the waste industry through grants to fund improvements. Councils will not receive a fair share of funding, despite being asked to meet government targets and transition to a circular economy.

In our local government area, the cost of domestic waste service is more than $20 million and council has not received any waste grants within the last 12 months. In fact, the EPA’s Better Waste & Recycling Grant ceased in June last year and has not been extended.

The Deputy Mayor attended the Metropolitan Sydney Mayoral Summit on Waste on my behalf on 18 May 2023 to discuss what councils can do to contribute solutions to these concerns. The Sydney Mayoral Summit was convened by Southern Sydney Regional Organisation of Councils (SSROC) on behalf of Resilient Sydney, which our council supports.

We heard from the waste industry, NSW EPA and Federal Government representatives and Sydney Mayors about initiatives and areas of influence where councils can work together.

Resolved:

(Moved: The Mayor, Councillor Pettett)

I recommend that Council resolve to take strategic action on waste by:

A. calling on the Federal Government to expedite bans on materials that cannot be recycled or recovered, and to increase extended producer responsibilities;

B. calling on the NSW Government to set the waste levy at an appropriate level with realistic hypothecation allocation, to streamline planning approvals for infrastructure and to increase clarity and efficiency of licensing procedures;

C. working with other metropolitan Sydney councils to coordinate our advocacy, communications and collective buying power to bring the benefits of scale, efficiency and industry confidence;

D. working with the other tiers of government to ensure the delivery of infrastructure solutions locally to reduce waste hauled long distances or to landfill.

CARRIED UNANIMOUSLY

PETITIONS

North Turramurra Golf Course Proposed Green Fee Increase Petition

File: EM00041/5

Vide: PT.1

Members Petition

Council MUST Reconsider the North Turramurra Golf Course 25% Fee Increase

Dear Councillors and Senior Staff,

I fully support this petition, which calls for Ku-ring-gai Council to reject the proposed increase in green fees at North Turramurra Golf Course (NTGC). I consider the proposed increase in green fees to be entirely unacceptable and inequitable based on the following:

Council applies a Rate of Return Pricing Policy to a single sporting facility in Ku-ring-gai - NTGC – and has done since it reopened. This means that Council has. been operating NTGC to make a profit rather than using a Partial Cost Recovery Pricing Policy which is applied to every other sporting facility in Ku ring-gai, including Gordon Golf Course (GGC).

The other stated objective of the Rate of Return is to disincentivise the use of NTGC; rather than raise revenue through the use of NTGC, it can only be concluded that Council seeks to raise revenue by making NTGC unprofitable and then being able to sell the land.

There is no evidence that the proposed increase in green fees would provide parity with other public golf courses; this is simply incorrect, and as a central pillar to Council's reasoning should call into question the entire proposal.

Fee increases of 6.3% are proposed for 2023/2024 for all other sporting facilities in Ku-ring-gai, yet by 25% for NTGC alone without any justification of costs increasing in any significant way above income. This also means that - for example - someone playing a full season of soccer will pay less than $1O extra per year, more than a golfer at NTGC will pay extra for a single game of golf.

If the proposal is approved, a member of NTGC playing twice a week in competitions will pay $6,176 per year compared to a member at GGC playing twice a week in competitions who will pay $3,380 per year. How can Council support such inequity at its two public golf courses?

Members of NTGC choose to play there to be with their mates, to enjoy what has developed into a great club atmosphere, and to enjoy a great golf course. The proposal will decimate member numbers as they could play at some of the most exclusive clubs in Ku-ring-gai or indeed Sydney, for less than the cost at NTGC. How is such an outcome beneficial to Council; again, this points only to a desire to sell the course for other use.

The proposed increase in green fees will also decimate the business of our friend James McDonald, who operates NTGC on Council's behalf. What will happen to James’ business; player numbers will drop, and fewer players will be able to afford golf carts or equipment or drinks after the game. James almost single handedly created the member base and moreover a Club where people love to be. The proposed increase in green fees at NTGC will destroy what is a crucial piece of sports and social infrastructure, and in tum reduce the mental and physical wellbeing of NTGC members and all those who play golf in Ku-ring-gai.

I would ask that Councillors not support the proposal, and that Council commences investigations into adopting the GGC members model at NTGC so that we can continue to play at the course we love at a price that reflects the same member costs at GGC at the very least.

Sincerely,

(55 signatures were received)

Resolved:

(Moved: Councillors Wheatley/Ward)

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

CARRIED UNANIMOUSLY

Petition - Support the NTRA Development for Enhanced Recreation Facilities and Community Engagement

File: EM00041/5

Vide: PT.2

The Northern Suburbs Football Association (NSFA) is seeking support for the North Turramurra Recreation Area (NTRA) Development, a vital initiative to improve recreational amenities and foster community engagement.

(2,354 names including 115 comments were received)

Resolved:

(Moved: Councillors Lennon/Ward)

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

CARRIED UNANIMOUSLY

procedural motionS

Standing Orders were suspended at this point in the meeting to deal with the following:

i) A Motion that the meeting is to finish no later than 11pm was moved by Councillor Spencer and Councillor Ward.

ii) A motion that NM.1 Proposed new facilities at North Turramurra Recreation Area by Northern Suburbs Football Association be withdrawn was moved by Councillor Spencer and Councillor Wheatley.

For the Procedural Motions:          The Mayor, Councillor Pettett, Councillors
         Lennon, Ngai, Smith, Spencer, Ward and
         Wheatley

Against the Procedural Motions: Councillors A. Taylor and G. Taylor

CARRIED

A Motion that GB.11 Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble be deferred, as one of the St Ives Ward Councillors was an apology, was moved by the Mayor and Councillor Smith and was CARRIED UNANIMOUSLY.

Standing Orders Resumed.

GENERAL BUSINESS

Investment Report as at May 2023

File: FY00623/5

Vide: GB.3

To present Council’s investment portfolio performance for May 2023.

Resolved:

(Moved: Councillors Spencer/Wheatley)

That:

A. The summary of investments and performance for May 2023 received and noted.

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

CARRIED UNANIMOUSLY

Councillor Interaction with Staff and Access to Information Policy

File: CY00473/10

Vide: GB.4

To adopt a new Councillor Interaction with Staff and Access to Information Policy, including records management requirements and supporting procedures to manage requests for information and advice.

Resolved:

(Moved: Councillors Spencer/Ward)

That Council adopt the attached Councillor Interaction with Staff and Access to Information Policy (Attachment B).

CARRIED UNANIMOUSLY

Mayor and Councillor Fees - 2023/2024 Local Government Remuneration Tribunal Determination

File: EM00041/11

Vide: GB.5

To determine the mayor and councillor fees for the 2023/24 financial year.

Resolved:

(Moved: Councillors Spencer/Smith)

That effective 1 July 2023:

A. The annual councillor fee be set at $27,650; and

B. The annual mayoral fee be set at $73,440, in addition to the councillor fee.

CARRIED UNANIMOUSLY

Re-adoption of Fraud & Corruption Control Policy

File: S11503

Vide: GB.6

To review and re-adopt Ku-ring-gai Council’s Fraud & Corruption Control Policy (the Policy).

Resolved:

(Moved: Councillors Spencer/Smith)

Council re-adopts the Fraud & Corruption Control Policy with a minor wording change as per A1.

CARRIED UNANIMOUSLY

80	Streets as Shared Spaces Grant - Try Turramurra Completion Report File: S13733 Vide: GB.8
	To provide Council with a summary of the outcomes from the Streets as Shared Spaces Round II activations in Turramurra.
	Resolved: (Moved: Councillors Spencer/Ward) That the report on the outcomes of the Streets as Shared Spaces Round II activations in Turramurra be received and noted. CARRIED UNANIMOUSLY
81	Minutes of Heritage Reference Committee of 27 April 2023 File: CY00413/11 Vide: GB.9
	To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 27 April 2023.
	Resolved: (Moved: Councillors Spencer/Wheatley) That Council receive and note the HRC minutes from the meeting held on 27 April 2023. CARRIED UNANIMOUSLY

Ku-ring-gai Council - Open Space and Recreation Needs Study - Draft for Public Exhibition

File: S13467

Vide: GB.12

To seek Council’s approval to place the draft Ku-ring-gai Council - Open Space and Recreation Needs Study on public exhibition.

Resolved:

(Moved: Councillors Spencer/Smith)

A. That Council endorse the draft Ku-ring-gai Council - Open Space and Recreation Needs Study as attached to this report for public exhibition.

B. That the results of the public exhibition be reported back to Council.

CARRIED UNANIMOUSLY

RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre KFAC 50M Pool refurbishment

File: RFT4-2023/R

Vide: GB.16

To consider the tenders received for RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre (KFAC) 50M Pool Refurbishment and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Spencer/Lennon)

That:

A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Ku-ring-gai Fitness and Aquatic Centre (KFAC) 50M Pool Refurbishment

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

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

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

CARRIED UNANIMOUSLY

84	LVH - Analysis of Trees and Habitat File: S12165-4-6 Vide: GB.1
	This report has been prepared in response to NM1 ‘LVH – Analysis of trees and habitat’, OMC 18 March 2023.
	MOTION: (Moved: Councillors G.Taylor/Smith) That: A. Council receives and notes this report B. Updates to the Arboricultural Report and the Flora and Fauna Report do not proceed as detailed in this report C. It be encouraged as part of the development, that Sydney Turpentine Ironbark Forest plant species (from all strata of this ecological community), be planted throughout LVH site with the intention of presenting and educating the community and users of this site about the features and inherent beauty of this critically endangered ecological community
	AMENDMENT: (Moved: Councillors Pettett/Lennon) That: A. Council receives and notes this report B. Updates to the Arboricultural Report and the Flora and Fauna Report proceed as detailed in this report C. It be encouraged as part of the development, that Sydney Turpentine Ironbark Forest plant species (from all strata of this ecological community), be planted throughout LVH site with the intention of presenting and educating the community and users of this site about the features and inherent beauty of this critically endangered ecological community The Amendment was put and declared CARRIED. For the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, Ward and Wheatley Against the Amendment: Councillors A. Taylor and G. Taylor The Amendment became the Motion. The Motion was put and declared CARRIED
	Resolved: (Moved: Councillors Pettett/Lennon) That: A. Council receives and notes this report B. Updates to the Arboricultural Report and the Flora and Fauna Report proceed as detailed in this report C. It be encouraged as part of the development, that Sydney Turpentine Ironbark Forest plant species (from all strata of this ecological community), be planted throughout LVH site with the intention of presenting and educating the community and users of this site about the features and inherent beauty of this critically endangered ecological community For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley Against the Resolution: Councillor G. Taylor CARRIED

85	Draft Social Media Policy File: S13927 Vide: GB.2
	To provide Council with a draft Social Media Policy which has been developed by the Office of Local Government and adapted to suit Ku-ring-gai Council’s social media platforms.
	Councillor Wheatley left Chambers between 7:51pm and 7:52pm during discussion of this item. MOTION: (Moved: Councillors Spencer/Ngai) That Council: A. Amend the draft Social Media Policy by deleting point 3.4 (council staff management of the Mayor’s official Facebook page), noting that: i. Point 3.4 is not included in the Office of Local Government’s draft social media policy, nor is it included in the social media policies of any other NSW Local Government entity; and ii. There is no reason why the practice described by point 3.4 cannot continue to proceed without being formalised in policy, as is the current practice at Ku-ring-gai. B. Place the draft Social Media Policy as amended on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as amended.
	AMENDMENT: (Moved: Councillors Pettett/Smith) That the draft Social Media Policy be placed on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as attached to this report. The Amendment was put and declared LOST. For the Amendment: The Mayor, Councillor Pettett, Councillors Smith, and Wheatley Against the Amendment: Councillors Lennon, Ngai , Spencer, A. Taylor, G. Taylor and Ward Debate resumed on the Motion. The Motion was put and declared CARRIED.
	Resolved: (Moved: Councillors Spencer/Ngai) That Council: A. Amend the draft Social Media Policy by deleting point 3.4 (council staff management of the Mayor’s official Facebook page), noting that: i. Point 3.4 is not included in the Office of Local Government’s draft social media policy, nor is it included in the social media policies of any other NSW Local Government entity; and ii. There is no reason why the practice described by point 3.4 cannot continue to proceed without being formalised in policy, as is the current practice at Ku-ring-gai. B. Place the draft Social Media Policy as amended on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as amended. For the Resolution: Councillors Lennon, Ngai, Spencer, A. Taylor, G. Taylor and Ward Against the Resolution: The Mayor, Councillor Pettett, Councillors Smith and Wheatley CARRIED

86	General Manager's Performance Agreement Panel File: CY00254/15 Vide: GB.7
	To identify two councillors to sit on the General Manager’s performance agreement panel to review and agree on the parameters of the annual performance agreement for the General Manager before presenting them to Council for adoption.
	Councillor Smith left Chambers between 8:10pm and 8:11pm during discussion of this item. MOTION: (Moved: Councillors G.Taylor/A.Taylor) That Councillor Ngai and Councillor G.Taylor be appointed to the General Manager's Performance Agreement Panel.
	AMENDMENT: (Moved: Councillors Spencer/Smith) That Councillor Ngai and Councillor Wheatley be appointed to the General Manager's Performance Agreement Panel. The Amendment was put and declared CARRIED. For the Amendment: The Mayor, Councillor Pettett, Councillors Ngai, Smith, Spencer and Wheatley Against the Amendment: Councillors Lennon, A.Taylor, G.Taylor and Ward The Amendment became the Motion. The Motion was put and declared CARRIED
	Resolved: (Moved: Councillors Spencer/Smith) That Councillor Ngai and Councillor Wheatley be appointed to the General Manager's Performance Agreement Panel. For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley Against the Resolution: Councillor G. Taylor CARRIED

87	Ku-ring-gai Development Control Plan Housekeeping Review File: S13723 Vide: GB.10
	For Council to consider the review and amendment of the Ku-ring-gai Development Control Plan for public exhibition.
	Councillor Spencer left Chambers between 8:13pm and 8:15pm during discussion of this item. MOTION: (Moved: Councillors G.Taylor/Ngai) That this item be deferred until the following meeting to allow Councillors more time to absorb and consider the information in this complex and important document.
	AMENDMENT: (Moved: Councillors Ngai/Smith) A. That Council endorse the updates proposed by Amendment 6 of the Ku-ring-gai DCP, as detailed in Attachment A1 of this report. B. That the Ku-ring-gai DCP amendments stated in Attachment A1 be placed on public exhibition in accordance with provisions under the Environmental Planning and Assessment Regulation 2000. C. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft KDCP prior to public exhibition. D. That a report be brought back to Council at the conclusion of the exhibition period of 40 days. The Amendment was put and declared CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Ngai/Smith) A. That Council endorse the updates proposed by Amendment 6 of the Ku-ring-gai DCP, as detailed in Attachment A1 of this report. B. That the Ku-ring-gai DCP amendments stated in Attachment A1 be placed on public exhibition in accordance with provisions under the Environmental Planning and Assessment Regulation 2000. C. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft KDCP prior to public exhibition. D. That a report be brought back to Council at the conclusion of the exhibition period of 40 days. CARRIED UNANIMOUSLY

88	The Glade Landscape Masterplan - Post Site Inspection File: S13590 Vide: GB.13
	To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.
	MOTION: (Moved: Councillors G.Taylor/A.Taylor) That Council adopt The Glade Landscape Master Plan Report, May 2023 subject to the following changes: A. Formalised street parking be added along the western boundary of the site along Koora Ave, subject to protecting significant trees. B. Installation of a footpath along The Glade (the street). C. Plant screening vegetation including Blue Gum High Forest along boundaries nearest to residential properties, especially along the northern, eastern and western perimeter of the sporting field. This screening vegetation should include all strata of the Blue Gum High Forest ecological community, and include some mature canopy and mature understory trees. D. This vegetation be allowed to establish for at least 2-3 years before any field lighting can be installed on the site.
	AMENDMENT: (Moved: Councillors Pettett/Spencer) That this matter be deferred to allow for a further briefing on this issue. The Amendment was put and declared CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Pettett/Spencer) That this matter be deferred to allow for a further briefing on this issue. CARRIED UNANIMOUSLY

Queen Elizabeth Reserve, Lindfield - Landscape Masterplan - Post Exhibition Report

File: S13787

Vide: GB.14

To seek Council’s endorsement of the Landscape Masterplan for Queen Elizabeth Reserve, Lindfield.

Councillor Ward left Chambers between 8:39pm and 8:40pm during discussion of this item.

Resolved:

(Moved: Councillors Ngai/A. Taylor)

That Council:

A. Amend the Queen Elizabeth Reserve Masterplan Report, May 2023 as attached to this report, with the following:

i. The area denoted as “Onsite Option 1” on page 8 of the QE Engagement Report Final (May 2023) will become a dedicated off-leash area for dog-owners, particularly at times when the oval is not available.

ii. A comment that the upgrade of the circuit track (Item N on page 21 of the Masterplan Report) will draw inspiration from other children’s cycle tracks in the Sydney metro area.

B. Adopt the Queen Elizabeth Reserve Masterplan Report, May 2023, as amended.

C. Retain the shared facility on Queen Elizabeth field with timed usage for the dog off-leash facility between 4:00pm and 10:00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

CARRIED UNANIMOUSLY

90	Post Exhibition - Revised Resourcing Strategy 2023-2033, Revised Delivery Program 2022-2026 and Operational Plan 2023-2024 File: FY00382/15 Vide: GB.15
	To adopt the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and Operational Plan 2023-2024, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2023-2024.
	MOTION: (Moved: Councillors Smith/Wheatley) A. That subject to the changes identified below, Council adopts the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and Operational Plan 2023-2024, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2023–2024, with amendments discussed in this report. i. That the scenarios for increasing rates above the cap, related expenditure and consultation be delayed by one year ii. That Council modify Task P6.1.1.6 in the Delivery Program and Operational Plan to add “Consider grant opportunities to fully fund an amenity building in Irish Town Grove” iii. That Council reallocates $485,900 in the capital works program from Infrastructure Renewal Enhancement Program – Roads to the Pymble Town Hall refurbishment of roof and building to complete the refurbishment of the building exterior B. That Council adopts the rates structure for 2023-2024 as presented in this report. C. That Council writes to all residents, groups and organisations that made submissions in relation to the draft revised Resourcing Strategy, revised Delivery Program and Operational Plan and advise them of the outcomes of Council’s consideration.
	Resolved: (Moved: Councillors Smith/Wheatley) A. That subject to the changes identified below, Council adopts the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and Operational Plan 2023-2024, incorporating the budget, capital works program,

statement of revenue policy and fees and charges for 2023–2024, with amendments discussed in this report.

i. That the scenarios for increasing rates above the cap, related expenditure and consultation be delayed by one year

ii. That Council modify Task P6.1.1.6 in the Delivery Program and Operational Plan to add “Consider grant opportunities to fully fund an amenity building in Irish Town Grove”

iii. That Council reallocates $485,900 in the capital works program from “Infrastructure Renewal Enhancement Program – Roads” to the Pymble Town Hall “ Refurbishment of roof and building” to complete the refurbishment of the building exterior

B. That Council adopts the rates structure for 2023-2024 as presented in this report.

C. That Council writes to all residents, groups and organisations that made submissions in relation to the draft revised Resourcing Strategy, revised Delivery Program and Operational Plan and advise them of the outcomes of Council’s consideration.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

91	Marian Street Theatre File: S10577/5 Vide: NM.2
	Notice of Motion from Councillor Ward dated 26 May 2023 The Marian Street Theatre has been the cultural heart of the dramatic arts in Ku-ring-gai for many decades and that it has been allowed to fall into decline and decay is a travesty. Myself and some dedicated members of the local community are determined to source funding streams to allow this important cultural asset to be given a viable new lease of life for the next 100 years. I have been working with the community to investigate self-funded alternatives for redevelopment of the Marian Street Theatre site which would allow redevelopment of a new theatre/community space at no direct cost to Council. However, to allow the project to continue, it is necessary to obtain feedback from Council staff in relation to draft concept plans so far developed, such that the community group can better document a proposal for Council consideration. I, therefore, move: A. That Council staff form a working group of six (6) consisting of community members and staff to further explore a draft proposal and concept plan of a self-funded redevelopment of the Marian Street Theatre site. B. That this project be given priority with timeline, target dates and stretch target so that the general community has the confidence that Marian Street Theatre/Cultural Centre is progressing. C. That the working group prepare the report for consideration by Council no later than the August 2023 Ordinary Meeting of Council.
	Councillor Spencer left Chambers between 9:02pm and 9:04pm during discussion of this item. MOTION: (Moved: Councillors Ward/Lennon) That: A. The Council further explore alternative concepts and funding options which include, but are not limited to, restoration, renovation, and/or refurbishment of the building to restore it to a fully operational state; and governmental grants opportunities. B. This project be given priority with timeline, target dates and stretch target so that the general community has the confidence that Marian Street Theatre is progressing. C. A report of its findings is provided to Council no later than the November 2023 ordinary meeting of Council.
	AMENDMENT: (Moved: Councillors Ngai/A.Taylor) That Council and staff hold a briefing session within 4 weeks to explore feasibility and options for Marian Street Theatre project. The Amendment was put and declared CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Ngai/A. Taylor) That Council and staff hold a briefing session within 4 weeks to explore feasibility and options for Marian Street Theatre project. CARRIED UNANIMOUSLY

The Meeting closed at 9:30pm

The Minutes of the Ordinary Meeting of Council held on 20 June 2023 (Pages 1 -23) were confirmed as a full and accurate record of proceedings on 25 July 2023.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 25 July 2023	GB.1 / 1

Item GB.1	FY00275/15

Council Sponsorship Applications 2023-2024

EXECUTIVE SUMMARY

purpose of report:	To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2023–2024.

background:	Council sponsors public and private sector activities through direct funds and in-kind support, in line with Council’s Sponsorship Policy and the Ku-ring-gai Destination Management Plan. An Expression of Interest process, inviting applications for sponsorship proposals for 2023–2024 has recently been undertaken.
comments:	Applications for sponsorship to the value of $171,000 have been received this year. Requests for Events Sponsorship over $5,000 were received from Wahroonga Village Fair ($31,000), Wahroonga Food and Wine Festival ($20,000), Bobbin Head Cycle Classic ($12,000), Bare Creek Trail Run ($7,500), Roseville Story Productions ($5,000) and the Special Olympics Ku-ring-gai Chase Fun Run ($5,000). There were also five (5) requests for Events Sponsorship under $5,000 received from Dogs in the Park ($3,000), Ku-ring-gai Shield ($2,500), Ku-ring-gai Art Society Exhibition ($2,000), St Ives Pre-School and Kindergarten ($2,000) and Northlight Anglican Church West Pymble ($2,000). Arts and Cultural Sponsorship requests have been received from the Marian Street Theatre for Young People ($40,000) and the Ku-ring-gai Philharmonic Orchestra ($32,000). A General Sponsorship request has also been received from The Welcome Basket ($7,000).

recommendation:	That Council approve sponsorship funding for Events, Arts and Cultural and General Sponsorship, as recommended in this report.

Purpose of Report

To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2023–2024.

Background

Council sponsors public and private sector activities through direct funds and in-kind support as outlined in Council’s Sponsorship Policy.

Sponsorship of major destination events supports the activation of Ku-ring-gai’s major venues, engaging regional communities in sporting, arts and cultural and entertainment events.

Council has recently undertaken an Expression of Interest process inviting applications for sponsorship proposals for 2023–2024. The Expression of Interest process was advertised on the Council website, Council’s E News and Facebook and an email was sent to all previous recipients and new enquiries advising that applications would be open from 1 May to 28 May 2023.

The Arts and Cultural sponsorship for Marian Street Theatre for Young People and the Ku-ring-gai Philharmonic Orchestra had been previously funded through project budgets until Council resolved, at the Ordinary Meeting of Council on 28 June 2022, to include them in the sponsorship program.

Comments

Requests for Council Sponsorship

According to Council’s Sponsorship Policy, all proposals over $5,000 are to be reported to Council for approval.

Council has received 14 requests for sponsorship funding to the value of $171,000.

Council’s 2023-2024 sponsorship budget is $79,900.

Applications received

Events Sponsorship applications (over $5000) (Attachments A1 – A11)

· Wahroonga Village Fair ($31,000)

· Wahroonga Food and Wine Festival ($20,000)

· Bobbin Head Cycle Classic ($12,000)

· Bare Creek Trail Run ($7,500)

· Roseville Story Productions ($5,000)

· Special Olympics Ku-ring-gai Chase Fun Run ($5,000)

There are also five (5) requests for Events Sponsorship under $5,000

· Dogs in the Park ($3,000)

· Ku-ring-gai Shield ($2,500)

· Ku-ring-gai Art Society Exhibition ($2,000)

· St Ives Pre-School and Kindergarten ($2,000)

· Northlight Anglican Church West Pymble ($2,000)

Arts and Cultural Sponsorship applications (over $5000) (Attachments A12 and A13)

· Marian Street Theatre for Young People ($40,000),

· Ku-ring-gai Philharmonic Orchestra ($32,000)

There is also a General Sponsorship request from The Welcome Basket ($7,000) (Attachment A14)

All sponsorship applications have been assessed according to Council’s Sponsorship policy and associated selection criteria, and the following recommendations have been put forward:

Events Sponsorship over $5,000	Amount requested	Amount recommended
Wahroonga Village Fair	$31,000	$5,000
Wahroonga Food and Wine Festival	$20,000	$8,000
Bobbin Head Cycle Classic	$12,000	$7,000
Bare Creek Trail Run	$7,500	$4,000
Roseville Story Productions	$5,000	$2,000
Special Olympics Ku-ring-gai Chase Fun Run	$5,000	$4,000
Events Sponsorship under $5,000
Dogs in the Park	$3,000	$500
Ku-ring-gai Shield	$2,500	$1,500
Ku-ring-gai Art Society Exhibition	$2,000	$2,000
St Ives Pre-School and Kindergarten	$2,000	$400
Northlight Anglican Church West Pymble	$2,000	$500
Arts and Cultural Sponsorship
Marian Street Theatre for Young People	$40,000	$20,000
Ku-ring-gai Philharmonic Orchestra	$32,000	$22,000
General Sponsorship
Welcome basket	$7,000	$3,000
Total value of sponsorship requests received	$171,000	$79,900

Summary of Sponsorship Requests and Recommendations for funding Events Sponsorship requests:

Wahroonga Village Fair

Request for $31,000 – Recommendation for funding $5,000

Wahroonga Rotary has requested sponsorship for the Wahroonga Village Fair to be held on Sunday 3December 2023. The fair will provide an opportunity for Ku-ring-gai families to enjoy community stalls, food and entertainment attracting over 10,000 visitors. Funds raised from the fair will support community and youth projects including bursaries for St Lucy’s and St Edmund’s Schools. Recommended funding of $5,000 because the Wahroonga Village Fair is a more localised event in a rebuilding phase following the appointment of a new event volunteer committee. The event has not received funding previously.

Wahroonga Food and Wine Festival

Request for $20,000 – Recommendation for funding $8,000

The Wahroonga Food and Wine Festival 2023 has requested sponsorship for the 9th annual fair on Sunday 29 October 2022, in Wahroonga Park. The event delivers a high quality, unique food and wine festival, providing significant promotion of key regional Australian wine regions that are able to present their unique local produce to the festival audience. Ku-ring-gai residents, businesses and regional visitors have the opportunity to be part of this free public event with over 8,000 visitors. The festival also offers an opportunity to showcase local schools, musical talent, and local performers who will entertain on the rotunda stage across the day. Recommended funding of $8,000 is primarily because of the high visitation rate for the festival which attracts regional participation. The recommended amount is consistent with previous years funding.

Bobbin Head Cycle Classic

Request for $12,000 – Recommendation for funding $7,000

The Bobbin Head Cycle Classic has requested sponsorship for a regional cycling event that attracts over 2,500 riders from across NSW. The event, which starts and finishes at Karuah Oval in Turramurra and will be held on Sunday 24March 2024, is presented by Ku-ring-gai Rotary Clubs, and is supported by over 500 volunteers with over 2,000 spectators. In 2022 the event raised $120,000 with all proceeds supporting Lifeline (Harbour to Hawkesbury), KYDS, Hornsby Connect, Hornsby/ Ku-ring-gai Women’s Shelter, Eagles Raps and the Cromehurst Foundation.

Sponsorship funds will be used for event operational and safety provisions including variable message signs, traffic control barriers and NSW Police events support. Recommended funding of $7,000 because the Bobbin Head Cycle Classic is a regional event attracting audiences from across NSW, with high participant rates and wide engagement.

The Bare Creek Trail Run

Request for $7,500 – Recommendation for funding $4,000

The Bare Creek Trail Run has requested sponsorship for a community fun run to be held on 5 November 2023, at Acron Oval, St Ives. The event is a combination of an active community gathering and a fundraising event. It has raised many thousands of dollars over recent years for the Indigenous Marathon Foundation, Run Beyond Project and MedEarth. The event provides an opportunity for competitive and non-competitive runners to participate in a family friendly, professionally run community event, that showcases the scenery and attraction of the local area attracting over 1,200 runners. There are four distance options covering distances of 2km, 6km, 12km and 20km. This ensures that participants of a wide variety of abilities, age groups and levels of competitiveness can participate. Recommended amount of $4,000 due to this being a niche regional event with lower attendance numbers.

Roseville Story Productions

Request for $5,000 – Recommendation for funding $2,000

Roseville Story Productions has requested sponsorship for a Staged reading of new comedy/drama The Roseville Story by Alexandra Long in Ku-ring-gai Town Hall. The funding of $2,000 will contribute toward the delivery of community entertainment and preparation of production of the play in September. The event is a localised community event and has not previously received funding.

Special Olympics Ku-ring-gai Chase Fun Run

Request for $5,000 – Recommendation for funding $4,000

The Special Olympics Ku-ring-gai Chase Fun Run has requested funding for a regional fun run and walk at Claude Cameron Grove, Wahroonga. The fun run, which attracts over 700 participants, showcases community partners, schools, local businesses and disability providers. In 2023 the event raised $20,000 for the Special Olympics. Sponsorship funds will be used for event operational and safety provisions including variable message signs, waste management and portable events infrastructure including amenities. Recommended amount of $4,000 due to the Special Olympics being a localised event with lower visitation and audience engagement. The Special Olympics however enjoys strong community support.

Dogs in the Park NSW

Request for $3,000 – Recommendation for funding $500

Dogs in the Park NSW has requested funding to hold the annual Dogs in the Park St Ives event.

The event has attracted 500 -1000 attendees in the past and aims to promote responsible dog ownership, provide resources and advice to dog owners, showcase dog-related products and services, and foster a sense of community among dog enthusiasts. The sponsorship will assist with costs associated with creating an engaging and informative event for the community and an educational experience for dog owners and their pets.

The Ku-ring-gai Shield

Request for $2,500 – Recommendation for funding $1,500

The Ku-ring-gai Shield competition is a combined bowls competition between Killara, Lindfield, St Ives, Turramurra, Warrawee and West Pymble bowling clubs. The event comprises games of Singles, Pairs, Triples and Fours, involving 10 players from each club - a total of 60 players. The Ku-ring-gai Shield started in 1990 and has been running annually, with the exception of 2020 and 2021 events, which were cancelled due to Covid-19. The date scheduled for the 2023 competition is Saturday 23 September at St Ives Bowling Club.

Ku-ring-gai Art Society 55th Annual Awards Exhibition

Request for $2,000 – Recommendation for funding $2,000

The Ku-ring-gai Art Society has requested sponsorship for an exhibition to be held from Monday 17 July to Sunday 30 July at the St Ives Shopping Village. The exhibition will showcase the work of members of the Ku-ring-gai Art Society and promote the visual arts within Ku-ring-gai. Artworks are hung on the ramp within the St Ives Village Gallery. Prizes are awarded at a ceremony on Friday 21July.

St Ives Preschool and Kindergarten

Request for $2,000 – Recommendation for funding $400

St Ives Preschool and Kindergarten has requested sponsorship for their annual Family Fun Day.

The Family Fun Day is a celebration of the many cultures that are represented at the preschool and in the community and builds strong links and relationships between the community and the preschool and enjoyed by a diverse sector of the community. The event is enjoyed by many in the area and offers craft, food, raffles, face painting, pony rides, jumping castles and much more including performances by school bands, choirs and local dance group performances. The event is a localised community event and has not received funding previously.

Northlight Anglican Church West Pymble

Request for $2,000 – Recommendation for funding $500

Northlight Anglican Church has requested funding for their carols event. Carols on the Lawn will be held in December at West Pymble. The event is a community Christmas carols singing and entertainment, partnering with local schools, businesses and service groups. The event is a localised community event and has not received funding previously.

Arts and Cultural Sponsorship requests

Marian Street Theatre for Young People

Request for $40,000 – Recommendation for funding $20,000

The MSTYP has requested sponsorship to support its 2023-2024 Theatre Program which features a series of events including a season of Australian playwright Les Winspear’s adaptation of Treasure Island, and a performance project for 21 young people with learning and accessibility needs called Access Success.

Treasure Island - will be performed at Ku-ring-gai Town Hall in the 2023 October school holidays. The performers and technical crew of Treasure Island will be diverse and talented young people from the Ku-ring-gai LGA, mentored by industry professional directors, actors and production staff. One performance will be ‘relaxed’ to allow for young people with access requirements to attend live theatre in a supportive environment with an Auslan interpreter, sensory tent and other support mechanisms.

Access Success is a year-long performance project involving 21 young people from the Ku-ring-gai LGA who live with disability. They will come together to develop their communication and collaboration skills and build the confidence to engage with their local Ku-ring-gai community. The project will end with a self-devised performance in May 2024, at a location within the Ku-ring-gai LGA to be confirmed once the young people develop the theme of the play.

A major expense for any theatre company is performance and rehearsal space together with set and costume design. To this end the MSTYP has had to hire space that is both expensive, not built for purpose and constantly requiring sets to be put up and pull down, which is both time consuming and resource intensive.

The recommended amount of $20,000 is because the MSTYP has a wide reach within the community, attracts consistently high audience numbers, and presents distinctive programs. The MSTYP is unique to Ku-ring-gai and there are very few theatres in Australia that focus specifically on a “young people” target group. The MSTYP has also expanded its traditional model and has connected with various groups within the community that reflect the changing demographic profile of Ku-ring-gai.

Ku-ring-gai Philharmonic Orchestra

Request for $32,000 – Recommendation for funding $22,000

The KPO has requested sponsorship to support the following events:

· 2024 KPO Kids Proms and Kids Proms Champions. This event encourages appreciation of music, especially by young people Ku-ring-gai. The event regularly presents specially commissioned works to the community by local Australian composers.

· Free community concerts at Turramurra Uniting Church and St Ives Uniting Church

· Beethoven’s 5^th Concert at St Ives United Church

· Verdi Requiem at the Concourse

· The 2024 NSW Secondary Schools Concerto Competition, a major event organised by KPO each year, held at The Concourse

· Symphonic performances at The Concourse, Chatswood, and at St Ives Uniting Church

· The commissioning of works from emerging Australian composers

· Live streaming of events using the Australian Digital Concert Hall

Recommended funding of $22,000 because of the strong audience reach and high participation rates, regional exposure, community engagement, and support for young people. The amount recommended is consistent with previous years funding.

General Sponsorship Request

Welcome Basket

Request for $7,000 – Recommendation for funding $3,000

The Welcome Basket ensures new residents in Ku-ring-gai are welcomed into the community by a local representative with new residents receiving a basket containing information about Council services, local businesses and emergency services.

Assessment and Acquittal Process

Applications for sponsorship are assessed under the following categories:

· Events Sponsorship

· Arts and Cultural Sponsorship

· General Sponsorship

Sponsorship for these categories supports the principles of Council’s Destination Management Plan and the activation of Ku-ring-gai’s venues, engaging regional communities in sporting, arts and cultural and entertainment events.

Recommendations for funding are based under set criteria, which include:

· the number of people participating in the event/program and/or the extent of audience reach/ visitation,

· whether the event/program is local or regional,

· amount of funding the group has previously received, and funding secured including other sponsors

· uniqueness and viability of the event/program providing entertainment, cultural and/or recreation experiences

· social and community development increasing participation of people of all ages, ability and culturally diverse backgrounds

· economic development supporting local businesses

· the implementation of sustainable event practices and,

· exposure benefit to Council including recognition and promotion.

An acquittal process is also required to ensure the sponsorship funds were spent in accordance with the sponsorship proposal. All successful applicants are required to submit an acquittal report outlining how the sponsorship has been spent. This report will be due within four weeks after the completion of the event. Applicants who do not complete and return an acquittal report will be ineligible for any future funding.

Sponsorship Activation, Branding and Community Engagement

Council’s Events team co-ordinates activation of Council’s events and festival sponsorship program including:

· Mayoral/Councillor engagement at events

· Council branding presence which includes banners and signage

· Marketing opportunities with Council’s Communications team including What’s On listings, E News, and social media coverage.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Opportunities are identified, provided and promoted for the community to share cultural experiences.	To stage events consistent with Council’s Sponsorship policy.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.

Opportunities are identified, provided and promoted for the community to share cultural experiences.

To stage events consistent with Council’s Sponsorship policy.

Governance Matters

Sponsorship proposals must comply with Council’s Sponsorship and Donations Policy and all events are required to support Council’s Destination Management Plan. Council is required to approve all sponsorship requests of $5,000 and over.

Risk Management

Prospective recipients address set criteria when applying for sponsorship and are required to provide an acquittal on how sponsorship funds were spent.

Financial Considerations

The total amount requested for Council sponsorship is $171,000. The Sponsorship budget within the Community Department budget for 2023-24 is $79,900. Following assessment of the sponsorship applications, recommendations for sponsorship funding total $79,950.

Social Considerations

Community events provide important social, recreational and cultural events, and raise money for charities. Through the sponsorship of these events Council is supporting organisations to identify and promote opportunities for these shared experiences within the community and also encouraging volunteering.

Environmental Considerations

There are no significant environmental considerations associated matters to consider.

Community Consultation

Community consultation is not required for this report.

Internal Consultation

Internal consultation has been undertaken with other managers within the Community and Finance Departments.

Summary

Council sponsors public and private sector activities through direct funds and in-kind support, in line with Council’s Sponsorship Policy and the Ku-ring-gai Destination Management Plan.

An Expression of Interest process, inviting applications for sponsorship proposals for 2023–2024 has recently been undertaken.

Applications for sponsorship to the value of $171,000 have been received this year. Events sponsorship requests (over $5,000) were received from Wahroonga Village Fair, Wahroonga Food and Wine Festival, Bobbin Head Cycle Classic, Bare Creek Trail Run, Roseville Story Productions and the Special Olympics Ku-ring-gai Chase Fun Run.

Applications for sponsorship requests (under $5,000) were received from Dogs in the Park, Ku-ring-gai Shield, Ku-ring-gai Art Society Exhibition, St Ives Pre-School and Kindergarten and Northlight Anglican Church West Pymble.

Requests for Arts and Cultural Sponsorship (over $5,000) have been received from Marian Street Theatre for Young People and the Ku-ring-gai Philharmonic Orchestra. There has also been a request for general sponsorship from the Welcome Basket.

Applications have been assessed under the following set criteria:

· the number of people participating in the event/program and/or the extent of audience reach,

· whether the event/program is local or regional,

· amount of funding the group has previously received,

· uniqueness and viability of the event/program, and

· exposure benefit to Council.

Following assessment, recommendations for sponsorship funding totalling $79,750 have been provided.

Recommendation:

That Council approve funding for the Events, Arts and Cultural and General Sponsorship applications as recommended in this report.

Melanie Morson

Manager Visitor Experience & Events

Janice Bevan

Director Community

Attachments:	A1	Wahroonga Village Fair Sponsorship	Confidential
	A2	Wahroonga Food & Wine Festival Sponsorship	Confidential
	A3	Bobbin Head Cycle Classic Sponsorship	Confidential
	A4	Bare Creek Run - Challenge Works Pty Ltd Sponsorship	Confidential
	A5	Roseville Story Productions Sponsorship	Confidential
	A6	Special Olympics Sydney Upper North Shore Club Sponsorship	Confidential
	A7	Dogs in the Park NSW Sponsorship	Confidential
	A8	Ku-ring-gai Shield - St Ives Bowling Club Sponsorship	Confidential
	A9	Ku-ring-gai Art Society Sponsorship	Confidential
	A10	St Ives Preschool Kindergarten Sponsorship	Confidential
	A11	Northlight Anglican Church West Pymble Sponsorship	Confidential
	A12	MSTYP Sponsorship	Confidential
	A13	Ku-ring-gai Philharmonic Orchestra Incorporated Sponsorship	Confidential
	A14	Welcome Basket Sponsorship	Confidential

Ordinary Meeting of Council - 25 July 2023	GB.2 / 1

Item GB.2	S13912

Review of ward boundaries

EXECUTIVE SUMMARY

purpose of report:	To review Ku-ring-gai Local Government Area ward boundaries.

background:	Under section 211 of the Local Government Act 1993 councils that are divided into wards must keep ward boundaries under review to ensure the difference in elector numbers between wards does not exceed 10%.

comments:	Ku-ring-gai Council’s current ward boundaries were established in 2007. It is timely that Council review its ward boundaries ahead of the 2024 ordinary elections. Under section 277A of the Local Government (General) Regulation 2021 ward boundary and name changes must be made by 5 October 2023 to be in effect for the ordinary elections on 14 September 2024. Council has run a series of scenarios to test options to address some anomalies in the current ward boundaries, as well as the impact of updating ward boundaries to reflect the 2021 Statistical Area Level 1 boundaries (SA1).

recommendation:	That Council note the attached information and retain the current ward boundaries.

Purpose of Report

To review Ku-ring-gai Local Government Area ward boundaries.

Background

Under section 211 of the Local Government Act 1993 councils that are divided into wards must keep ward boundaries under review to ensure the difference in elector numbers between wards does not exceed 10%.

Council has reviewed the latest enrolment data (dated 23 May 2023 by 2021 Statistical Area Level 1 Boundaries (SA1) for LGAs and wards) and the variation is 5.91% (i.e. less than 10%). Ku-ring-gai Council is not required to alter its ward boundaries in compliance with section 211 of the Act.

The most recent change to Ku-ring-Gai LGA ward boundaries was in 2007. Council resolved to alter the boundary between Wahroonga and Comenarra wards to meet the requirements of the Act (the number of electors in each ward varied by more than 10%). The change involved moving electors from Wahroonga to Comenarra Ward in the area bounded generally by the Pacific Highway, the Sydney-Newcastle Freeway, the railway line and Cherry St, Warrawee.

It is timely that Council review its ward boundaries ahead of the 2024 ordinary elections to:

· consider whether ward boundaries align with the latest statistical area boundaries

· consider recent and projected population changes and urban development

· improve alignment to suburban boundaries, natural and built features (including rivers, reserves, major roads and railways) as far as possible

· ensure that each ward represents a relatively equal number of residents, providing fair and equal representation.

Comments

Council has undertaken a review of current ward boundaries and identified the following issues:

· The Australian Electoral Commission (AEC) moved its enrolment system to 2021 SA1s in early 2023. Current ward boundaries have slipped out of alignment with the new statistical areas.

· Ward boundaries do not correspond to suburban boundaries, creating potential confusion for residents as to which ward they belong to and who their councillor representatives are. This is particularly the case in the suburb of Pymble, which is currently divided across all five wards.

· The North Shore rail line is the current boundary between Comenarra and Wahroonga. and the new SA1 areas align to the Pacific Highway instead.

Council has run a series of scenarios to test options to address the issues identified above, including the following:

· Aligning the ward boundaries (north of the A3) to the Pacific Hwy

· Aligning Gordon-Roseville ward boundary to Killara-Lindfield suburban boundary

· Aligning Comenarra-Gordon ward boundary to West Pymble-Gordon suburban boundary

· Aligning Gordon-St Ives ward boundary to Pymble-St Ives suburban boundary

· Other minor SA1 alignments

· Aligning all ward boundaries to new SA1 areas only (housekeeping option)

Attachment A shows the impact of all of these changes, with further details provided below and presented in each section to the Attachment. If all of these changes were made to the boundaries, the variation between wards would increase to 8.33%.

Aligning the ward boundaries (north of Ryde Road) to the Pacific Hwy and new SA1 areas

See Section A of the Attachment. This redistribution would include the following areas

· The area bounded by the Pacific Motorway (M1), the Pacific Highway, the railway and the rail overpass near Turramurra Station. This area includes Bundarra Ave South, Woonona Ave, Abbotsleigh Junior School, Balcombe Park, HammondCare Wahroonga, Neringah Ave South, Archdale Aprk, 1^st Wahroonga Scout Hall, Warwilla Ave, Coonanbarra Road, Redleaf Ave and shops, Woodville Ave, Knox Grammar School, Borambil Street, Warrawee Club, Heydon Ave, Eulbertie Ave, Winton Street, Cherry St (south), Halfpenny Park, Ray Street, Coles Turramurra and surrounding shops. See Section A.1 of the Attachment. This area (including 1300 electors) would change from Comenarra to Wahroonga ward.

· The area bounded by the Pacific Highway, the railway, the rail overpass near Turramurra Station and Ryde Road (A3). This area includes Northhaven Nursing Home, Secret Park and Ku-ring-gai Town Hall. See Section A.2 of the Attachment. Most of this area (including 433 electors) would change from Wahroonga and St Ives wards to Comenarra ward, with a small redistribution of properties (6 electors) on the highway north of Ryde Road from St Ives to Gordon ward.

Note that this change would increase the variance between all wards to 7.73%. Council does not consider this a viable option (by itself) as it does not provide sufficient room for future growth, especially if a significant proportion of this growth is along the Pacific Highway and railway corridor. However, it is a viable option if it is supported by other boundary changes (see Section C below)

Align Gordon-Roseville ward boundary to Killara / Lindfield suburban boundary and new SA1 areas

See Section B of Attachment. This redistribution would bring all Killara residents into Gordon Ward. It includes the following areas:

· The area bounded by Fiddens Wharf Road and Provincial Road (including Killara Golf Club, Prince Road, Redbank Road, part Cook Road, Ellsmore Ave and Grassmere Road) in Killara. This change would move the area from Lindfield to Gordon Ward. This area (including 400 electors) would change from Roseville to Gordon Ward.

· The area bounded by Stanhope Road, Nelson Road, Wambin Reserve / Swain Gardens and Lourdes Ave (including First Ave, Second Ave, Third Ave, Fourth Ave, Killara Glades Care Community and Swains Manors) in Killara. This area (including 176 electors) would also change from Roseville to Gordon Ward. Note that this change would also redraw the boundary at Seven Little Australians Park (affecting 3 electors).

Note that this change would increase the variance between all wards to 10.53%. Council has tested a number of scenarios to support this with boundary changes elsewhere and determined it is not viable.

Align Comenarra-Gordon ward boundary to West Pymble-Gordon suburban boundary and new SA1 areas

See Section C of Attachment. This redistribution would bring all West Pymble residents into Comenarra Ward. It includes the following areas:

· The area bounded by Ryde Road (A3), Kooyong Street, Blackbutt Creek and Lady Game Drive, including Wyona Road, Bolwarra Ave, Bandalong Ave, Dunoon Ave, West Gordon shops, Duneba Ave, Kiparra Street, Kooyong Street, Gordon West Public School and Pee Wee Park.

· The area bounded by Lofburg Road and Ryde Road (excluding properties on Shaddock Ave) in West Pymble.

· All properties on the eastern side of Inverallan Ave.

Note that this change (including 812 electors) by itself would increase the variance to 9.43%. However, if combined with the alignment of northern ward boundaries to the Pacific Hwy (see Section A above), the total variance between all wards reduces (improves) to 5.77%. Given current growth projections, this variance would be expected to improve over time.

Council also tested an option of aligning the Gordon-Comenarra ward boundary to Ryde Road, but this would increase the overall variance to 8.32% and is not a viable option.

Align Gordon-St Ives ward boundary to Pymble-St Ives suburban boundary and new SA1 areas

See Section D of Attachment. This redistribution would include the area bounded by Dalrymple-Hay Reserve, Vista Street, Dalrymple Crescent and part of Rosedale Road in Pymble. This area would become part of Gordon Ward. This change would include 96 electors, and the variance between all wards would increase to 6.51%. However, if combined with the changes outlined in Section A and Section C (above), the total variance between wards reduces to 5.49%.

Other minor SA1 alignments

See Section E of Attachment. Other than the changes included within the options identified above, there are two small areas where the current ward boundaries have slipped out of alignment with the new SA1 areas:

· The area bounded by Merrivale Road, Station Street and Telegraph Road (including Royston Close, Coleridge Street and Pymble Anglican Church) in Pymble. This area would move from St Ives to Wahroonga ward. This change would include 135 electors.

· The area bounded by Courallie Ave, Golfers Parade, Ward Street and Livingstone Ave in Pymble. This area would move from Gordon to Comenarra ward. This change would include 40 electors.

· A minor adjustment on Rosedale Road in Gordon (1 elector).

The minor SA1 alignments from Section E would change the variance between all wards to 4.78%. If combined with the changes outlined in Sections A, C and D above, it would increase the overall variance to 7.2%.

Align to SA1 boundaries only

As an alternative to the options presented above, Council could consider simply updating all ward boundaries where they have slipped out of alignment with SA1 areas. This housekeeping option includes the following sections described above (see Section F of Attachment):

· Area between Pacific Highway and Railway line (from Pymble Station overpass to A3)

· Area between Pacific Highway and Railway line (from Clydesdale Pl to Pymble Station overpass)

· Area between Pacific Highway and Railway line (from Warragul Road to Beechworth Road)

· Area between Pacific Highway and Railway line (from Redleaf Ave to Borambil Street, including Knox Grammar).

· Area between Pacific Highway and Railway line (from Cherry St to Turramurra overpass, including Turramurra shops)

· Area between Loftberg Road, Shaddock Avenue and Ryde Road (A3) in West Pymble

· Area including eastern side of Inverellan Ave in West Pymble

· Area between Courallie Ave, Livingstone Ave, Ward Street and Golfers Parade in Pymble

· Area between Vista Street, Dalrymple Reserve and Rosedale Road in Pymble

· Area between Merrivale Road, Telegraph Road and Station Street in Pymble

· Properties on Rosedale Road in Gordon

· Area between Stanhope Road, Nelson Road and Lourdes Ave in Gordon

· Seven Little Australians Park in Lindfield

The realignment as presented in Section F of the attachment would increase the overall variance to 6.13%.

Conclusion

The current (unaltered) boundaries provide an equitable distribution of electors between wards (with a variance of 5.91%).

Of all the alternative scenarios tested, an option that aligns a number of suburban boundaries, SA1 boundaries, while minimising variance between wards (5.49%) is to:

· align the ward boundaries (north of the A3) to the Pacific Hwy (Section A),

· align Comenarra-Gordon ward boundary to West Pymble-Gordon suburban boundary (Section C), and

· align Gordon-St Ives ward boundary to Pymble-St Ives suburban boundary (Section D).

See table below for the change for each ward.

	Current	Adjusted	Change
Comenarra	16807	16752	-55
Gordon	17053	16331	-722
Roseville	16549	16549	0
Ku-ring-gai St Ives	16572	16278	-294
Wahroonga	16101	17172	+1071
Variance	5.91%	5.49%	-0.41%

However, the above combination does not address the anomalies between the Gordon and Roseville ward boundaries (Section B), nor does it address other minor SA1 alignments (Section E). If these are also changed then the variance between all wards increases to 8.33%, which does not leave an adequate buffer to the maximum of 10%.

Alternatively, updating all ward boundaries to align with the SA1 areas will increase the variance to 6.13%.

As the current ward boundaries have a satisfactory variance of 5.91%, it is recommended that the ward boundaries are not changed at this time. The boundaries can be reviewed in the future if population changes eventuate.

Population projections

Population projections from the NSW Planning^{^[1]} show that the population of Greater Sydney is likely to increase by over a million people by 2041. However, this growth will not be evenly distributed across Sydney or the LGA. The latest (2022) projections include data at the Statistical Area Level 2 (SA2) level (note that this data is not available at the SA1 level or for wards).

	Actual population in 2021 (Census data)	Estimated population in 2041	Estimated growth by 2041
Pymble	17714	18339	3.3%
Turramurra	20613	21951	6.2%
St Ives	22039	24058	9.0%
Lindfield - Roseville	25680	28403	10.2%
Wahroonga (East) - Warrawee	18491	21267	14.6%
Gordon - Killara	23330	27189	16.1%

Based on this data, the Gordon ward is likely to experience the highest growth rate (approximately 16% over by 2041), while Comenarra ward would be expected to grow by around 8% over the same period. Roseville, St Ives and Wahroongah wards would be expected to grow by about 10%^{^[2]}.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.	L4.1.2: Council’s Governance framework is developed to ensure probity and transparency.	L4.1.2.4: Ensure Council fulfils its obligations under the Local Government Act, and relevant NSW and Commonwealth legislation, guidelines and circulars.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.

L4.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

L4.1.2.4: Ensure Council fulfils its obligations under the Local Government Act, and relevant

NSW and Commonwealth legislation, guidelines and circulars.

Governance Matters

Section 210A of the Local Government Act 1993 states that:

Before dividing a council’s area into wards or altering a council’s ward boundaries, the council must—

1. consult the Electoral Commissioner and the Australian Statistician to ensure that, as far as practicable, the proposed boundaries of its wards correspond to the boundaries of appropriate districts (within the meaning of the Electoral Act 2017) and census districts, and to ensure that the proposed boundaries comply with section 210(7)^{^[3]}, and

2. prepare and publicly exhibit a plan detailing the proposed division or alteration (the ward boundary plan).

To comply with these requirements to alter ward boundaries, Council must:

· prepare a detailed plan outlining the proposed alterations to the ward boundaries (a ward boundary report) in a form specified by the NSWEC^{^[4]}

· consult the NSW Electoral Commission (NSWEC) and the Australian Statistician

· publicly exhibit the proposed alterations (subject to advice from the NSWEC and Australian Statistician)

· Update the report and provide maps to the AEC showing the LGA boundary, ward boundaries and 2021 SA1 boundaries. This information is used by the AEC to code electors correctly on the electoral roll.

Under section 277A of the Local Government (General) Regulation 2021 ward boundary and name changes must be made by 5 October 2023 to be in effect for the 14 September 2024 ordinary elections.

Risk Management

As outlined in the main report, there is a risk that population growth will require further boundary changes in the medium-long term. Other risks include dissatisfaction amongst affected residents with the proposed changes, or confusion about who their representative councillors are.

There is also a risk of errors in the administrative and operational adjustments required to redraw ward boundaries, as well as in the coding of electors on the electoral roll.

Financial Considerations

There are no additional costs to Council, but internal resources will need to be redirected to public consultation, redrawing maps, updating internal databases and informing the community of the changes.

Social Considerations

Ward boundary adjustments may affect the identity that affected residents have with their communities and their relationship with their local councillors.

Environmental Considerations

None.

Community Consultation

Subject to council resolution, and advice from the NSWEC and Australian Statistician, the proposed ward boundary report will be publicly exhibited for at least 28 days.

Internal Consultation

The content of this report incorporates advice from Land Information Services.

Summary

Ku-ring-gai Council’s current ward boundaries were established in 2007. It is timely that Council review its ward boundaries ahead of the 2024 ordinary elections. Under section 277A of the Local Government (General) Regulation 2021 ward boundary and name changes must be made by 5 October 2023 to be in effect for the ordinary elections on 14 September 2024. As the current ward boundaries have a satisfactory variance of 5.91%, it is recommended that the ward boundaries are not changed at this time.

Recommendation:

That Council note the attached information and retain the current ward boundaries.

Christopher M Jones

Manager Governance & Corporate Strategy

Attachments:

A1 ⇩

Proposed Ward Boundary Changes

2023/213732

Ordinary Meeting of Council - 25 July 2023	GB.3 / 1

Item GB.3	FY00623/5

Investment Report as at 30 June 2023

EXECUTIVE SUMMARY

purpose of report:	To present Council’s investment portfolio performance for June 2023.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2021 and Council’s Investment Policy.

comments:	The net return on investments for the financial year ended 30 June 2023 was $6,857,000, against the revised budget of $5,682,000 giving a year-to-date favourable variance of $1,175,000.

recommendation: (Refer to the full Recommendation at the end of this report)	That the summary of investments performance for June 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

To present Council’s investment portfolio performance for June 2023.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Revised Budget

The net return on investments for the financial year to 30 June 2023 was $6,857,000 against the revised budget of $5,682 ,000 giving a favourable variance of $1,175,000 as shown in the table below. The favourable variance is mainly due to higher interest rates than budgeted and a larger than forecast investments portfolio.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio as at 30 June 2023 was $214,110,000 compared to $212,256,000 at the end of May 2023, a net cash inflow of $1,854,000 was mainly due to the advance payment of the Financial Assistance Grant 2023/2024.

Five investments have matured and five new investments were made during June 2023.

Investment Performance against Industry Benchmark

Overall during the month of June 2023, the investment performance was above the industry benchmark. The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

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

Table 2 - Investments Portfolio Summary during June 2023

* Weighted average returns.

** Funds in at-call/short term accounts are working funds kept for the purpose of meeting short term cash outflows. At-call investments portfolio is being monitored on a regular basis to ensure funds are reinvested at higher rates when opportunities arise, whilst also keeping and adequate balance for short-term cash outflows

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long-term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The revised budget for interest on investments for the financial year 2022/2023 is $5,682,100. Of this amount approximately $3,517,400 is restricted for the benefit of future expenditure relating to development contributions, $841,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $1,323,300 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 30 June 2023:

· Council’s total cash and investment portfolio is $214,110,000.

· The net return on investments for the financial year to 30 June 2023 was $6,857,000 against the revised budget of $5,682,000 giving a favourable variance of $1,175,000 as shown in the table below. The favourable variance is mainly due to higher interest rates than budgeted and a larger than forecast investments portfolio.

Recommendation:

That:

A. The summary of investments and performance for June 2023 received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Ordinary Meeting of Council - 25 July 2023	GB.5 / 1

Item GB.5	S13466

Generic Plan of Management, General Community Use - For Exhibition

EXECUTIVE SUMMARY

purpose of report:	To seek endorsement of the draft Generic Plan of Management - General Community Use for exhibition.

background:	A number of reports have come to Council relevant to this matter: · Ordinary Meeting of Council 15 June 2021 GB.17- Generic Plans of Management Update report; · Ordinary Meeting of Council 16 August 2022 GB.11 - Site Specific Plans of Management; · Ordinary Meeting of Council 16 May 2023 GB.8 - Generic Plan of Management Parks and Plan of Management Sportsgrounds for adoption.

comments:	Council currently has four generic PoMs and three site-specific plans of management that encompass general community use lands. The majority of the plans are more than 10 years old and are no longer consistent with legislative requirements. Staff have prepared a draft Generic Plan of Management - General Community Use for exhibition. The draft has been reviewed by the Department of Planning and Environment – Crown Lands and they have given their approval to exhibit, subject to several revisions being made. The revisions have been made and the draft plan is now ready to be placed on exhibition.

recommendation:	That Council endorses the draft Plan of Management – General Community Use as attached to this report for public exhibition with Crown Approval in accordance with the requirements of the Local Government Act and CLM Act.

Purpose of Report

To seek endorsement of the draft Generic Plan of Management - General Community Use for exhibition.

Background

A number of reports of come to Council on this matter.

Ordinary Meeting of Council 15 June 2021 - Generic Plans of Management Update report

This report recommended that Council undertake a review of all its Generic POMs over the next 6 months, noting this would involve consolidating the existing plans into four new Generic PoMs, namely:

a. Sportsgrounds;

b. Parks;

c. General Community Use; and

d. Natural Areas (draft adopted by Council).

Council resolved to:

A. Receive and note this report; and

B. Write to the Department of Industry advising them of a time frame for completion of Crown Lands PoMs.

Ordinary Meeting of Council 16 August 2022 GB.11 - Site Specific Plans of Management

This report discussed Council’s current site-specific PoMs, of which there are seventeen (17), with a view to reduce the total number to be manageable within existing resources and budgets and to reduce Council’s risk profile. The report identified a number of sites that will maintain site specific PoM’s as the management of the land is complex with multiple categories or where the land has special considerations, such as areas of Cultural Significance.

Council resolved:

A. That Council maintain Site-Specific PoMs for seven reserves as identified in this report;

B. That staff undertake a review of the following Site-Specific PoMs in order of priority:

- Echo Point Park;

- Firs Estate Cottage and Curtilage;

- Bicentennial Park; and

- Swain Gardens.

Ordinary Meeting of Council 16 May 2023 GB.8 - Generic Plans of Management Parks and Sportsgrounds for Adoption

This report included the outcomes of a public exhibition held from 7 November 2022 to 21 December 2022 and of the public hearing for the re-categorisation of community land which was held on Monday, 28 November 2022 from 6.30pm - 8.30pm at Council Chambers. The report proposed categorisation/re-categorisations of the 14 sites considered at the public hearing to be adopted.

That Council adopt the:

A. final Generic Plan of Management – Parks, dated April 2023 in accordance with clause 70B of the Crown Land Management Regulation 2018.

B. final Generic Plan of Management –Sportsgrounds, dated April 2023 in accordance with clause 70B of the Crown Land Management Regulation 2018.

Comments

Council’s current Generic Plan of Management– General Community Use was last reviewed in 2009. Since that time the commencement of the Crown Land Management Act 2016 has imposed a number of changes to the way councils manage lands as Crown Reserves. To enable Council to comply with these requirements officers are undertaking a review of all existing plans of management to ensure compliance and update management practice that have occurred over time. In addition, Council currently has a number of generic PoM’s that are inconsistent with Crown Land Management Act 2016 and the Local Government Act 1993 this review will ensure the new PoM is consistent with the management practices of general community use land.

The subject lands for the draft PoM is the whole of the Ku-ring-gai LGA. Some facilities are located on land owned by Ku-ring-gai Council, some are located on Crown Reserves where Council is the Crown Land Manager. Regardless of ownership, these facilities will be included in the generic PoM to provide a consistent management approach by Council.

Council has undertaken consultation with Crown Lands to ensure compliance with the categorisation of land and consistency of mapping.

The draft General Community Use PoM is in two parts; the first is the written document (Attachment A1) the second contains the land categorisation maps (Attachment A2). A native title advice report supports the draft Plan (Attachment A3).

The objectives of the Plan are to:

· improve the amenity of the general community use spaces within the Ku-ring-gai Local Government Area;

· prepare and establish a management framework for the general community use spaces that will guide the future management and maintenance of the spaces and facilities;

· incorporate community inputs;

· comply with the legislative requirements of the Crown Land Management Act 2016, and the Local Government Act 1993; and

· address Native Title requirements as informed by feedback from the Native Title Manager.

Proposed Amendments

Currently General Community Use facilities in the Ku-ring-gai area are covered by a number of plans of management, there are currently four generic plans of management:

· Car Parks Plan of Management 2009;

· Community Halls and Meeting Rooms Plan of Management 2013;

· Plan of Management – Land used for the Provision of Children Services; and

· Plan of Management – Miscellaneous Lands 2009 (which includes drainage reserves, etc.)

and three site-specific plans of management including:

· Ku-ring-gai Arts Centre;

· Marian Street Theatre; and

· Performing Arts Resource Centre.

The draft Generic Plan of Management – General Community Use proposes to incorporate these PoM’s into a consistent management framework across all of Councils assets and to ensure compliance with the legislative requirements of the Crown Land Management Act 2016, and the Local Government Act 1993.

Management of Crown Land

In July 2018, the Crown Land Management Act 2016 (CLM Act) introduced a number of changes to the way councils are required to manage lands under a Crown Reserve including:

· making Council responsible for the assessment of Native Title and liable for compensation under the Commonwealth Native Titles Act 1993 (NT Act) (articulated within Part 8 of the Crown Land Management Ac 2016);

· changing Council from a Reserve trust Manager to a Crown Land Manager, enabling lands to be managed under the Local Government Act 1993;

· the requirement for a PoM under the Local Government Act 1993 to include Crown Reserves classified as community land, by July 2021 – including nominating an initial categorisation which aligns with the existing reserve purpose (changes to this categorisation can then be made through the statutory plan of management process); and

· the ability to request additional reserve purposes and changes to initial categorisation.

To enable Council to comply with these requirements an audit of Crown Land and existing PoM’s has been ongoing. All generic and site-specific plans of management are and continue to be reviewed.

The revised generic PoM has been submitted to the Department of Planning and Environment – Crown Lands for approval to exhibit. Crown Lands requested a number of revisions which have now been made and the Plan is now ready to be placed on exhibition.

The Department of Planning and Environment – Crown Lands has provided consent for the PoM to adopted by Council, following public exhibition, without re-submission to Crown Lands, providing any changes are of minor editorial or formatting nature. The letter of approval from Crown Lands is attached to this report (Attachment A4).

integrated planning and reporting

Theme 3 Place, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

P6.1.1.7 Progressively review Plans of Management for Community Lands

Governance Matters

All Crown Land managed by Council must have a PoM prepared in accordance with the Crown Land Management Act 2016 (CLM Act) and adopted by the Minister administering the CLM Act. All land owned or managed by Council, and classified as community land, must have plans of management prepared in accordance with the Local Government Act 1993 - Section 36.

Under both Acts land is to be categorised as one or more of the following:

a) a natural area;

b) a sportsground;

c) a park;

d) an area of cultural significance; and/or

e) general community use.

Council is required to forward a draft PoM to Crown Lands as the landowner before giving public notice (s39 of the LG Act) of public exhibition. This section of the Act allows Crown Lands to review the draft plan and requires Council to include in the plan any provisions required by Crown Lands as the landowner, prior to formal exhibition and a public hearing (if required).

In addition, if Council has altered the initial agreed categorisation on a reserve, Council must seek consent of the Minister to alter the categorisation. This also must be completed before the public exhibition can occur. A public hearing is not required for any categorisation changes affecting Crown Lands.

Crown Lands has made Council responsible for the assessment of Native Title and liability for compensation under the NT Act (articulated within Part 8 of CLM Act). Council engaged Lands Advisory Services to provide Native Title Advice for all Crown Land sites covered within the draft PoM. A native title advice report (Attachment A3) was provided in May 2022, and the draft PoM has been amended accordingly. Native Title Advice will be finalised following exhibition and before the final draft PoM is reported to Council for adoption.

A project update on the progress of reviewing Council’s generic plans of management was reported to OMC of 15 June 2021. The report set out some of the key issues for Council and how these will be managed including recommendations for consolidating some of Council’s PoMs to reduce the total number; as well as a set of 13 principles to guide the preparation of the Generic PoMs.

Risk Management

Plans of Management assist Council in identifying and managing risks. The main issues of safety and risk relate to providing a safe environment for users of parks, and to the safety and amenity of residents whose properties adjoin them.

Site-specific risk management issues have been identified informing future possible maintenance regimes and capital improvement works. There are many opportunities to minimise risk within Council’s facilities through appropriate improvement and remediation of these facilities.

Financial Considerations

The cost of preparing the draft PoM is covered by the Strategy & Environment Department budget.

Implementation of the draft PoM would largely be achieved within annual operational budget allocations. Specific proposals or actions within the plan would be the subject of separate submissions to Council as part of future integrated planning and reporting processes, including the Long-Term Financial Plan and annual budgets.

Social Considerations

General Community Use lands provide the community the spaces to engage with family and the community at large. Spaces for unstructured recreation are becoming more important as people are realising the benefits of recreation in any form in achieving quality of life.

Parks and community spaces provide a significant amount of recreation opportunity to the community such as regular participation in physical activity which can improve overall mental and physical health. It also mitigates the risks associated with obesity and sedentary lifestyles and improving mental and social wellbeing.

Environmental Considerations

Ku-ring-gai’s general community use lands constitute a moderate section of Council’s open space reserve system. Many of our general community use lands are associated with parks, natural areas and sportsgrounds that provide environmental functions including habitat and bio-linkage opportunities for flora and fauna.

Community Consultation

Community consultation has not been undertaken to date. If endorsed by Council, and subsequently approved by Crown Lands, the draft PoM will be publicly exhibited for the statutory periods required under the LG Act and the CLM Act.

Council is required to undertake community consultation in accordance with Section 38 of the Local Government Act 1993:

· public notice of a draft plan of management;

· public exhibition of the draft plan for a minimum of 28 days; and

· the public notice must also specify a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to the council.

Council will publicise the public exhibition in accordance with the Ku-ring-gai Community Engagement Strategy on Council’s website and Have My Say Ku-ring-gai.

Following public exhibition, submissions will be reviewed and where appropriate integrated into the draft PoM prior to reporting back to Council. Subject to no changes (except for minor editorial and formatting changes), the Department of Planning and Environment – Crown Lands has provided consent for the PoM to adopted without further submission to Crown.

Internal Consultation

A project working group has been established to review all of Councils PoMs, the group comprises staff from across all relevant sections of Strategy and Environment and other Departments as required.

Summary

Council currently has four generic PoMs and three site-specific plans of management that encompasses general community use lands. The majority of the plans are more than 10 years old, and no longer consistent with legislative requirements.

Staff have prepared a draft Generic Plan of Management - General Community Use for exhibition. The draft has been reviewed by the Department of Planning and Environment – Crown Lands and they have given their approval to exhibit, subject to several revisions being made. The revisions have been made and the draft Plan is now ready to be placed on exhibition.

Subject to changes being made by Council (except for minor editorial and formatting changes), Crown Lands has given consent for the PoM to adopted by Council following exhibition and consideration of submissions without re-submission to Crown.

Recommendation:

A. That Council endorse the draft Plan of Management – General Community Use as attached to this report for public exhibition with Crown Approval in accordance with the requirements of the Local Government Act and CLM Act;

B. That Council notes the draft advice, as attached to this report, from the Native Title Manager in relation to the Draft Plan of Management – General Community Use;

C. That Council allows officers to amend the Draft Plan of Management – General Community Use Generic, in accordance with the Department of Planning and Environment – Crown Lands requirements, prior to public exhibition;

D. A further report be brought back to Council following the exhibition period. Subject to no changes (except for minor editorial and formatting changes), the Department of Planning and Environment – Crown Lands has provided consent for the PoM to adopted without further submission to Crown.

Craig Johnson

Strategic Recreation Planner

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Incoming - DPE - Ku-ring-gai Council - Letter - Draft PoM - Generic - General		2023/175778
	A2 ⇩	Internal - Generic Plan of Management - General Community Use - 29 May 2023		2023/175784
	A3	Internal - GCU - Combined Mapping - May 2023	Excluded	2023/175781
	A4	Incoming - Native Title - General Community Use PoM draft final	Excluded	2023/165851

Ordinary Meeting of Council - 25 July 2023	GB.6 / 1

Item GB.6	S13678-3

Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council

EXECUTIVE SUMMARY

purpose of report:	For Council to determine if it wishes to enter into a Heads of Agreement (HoA) with the Northern Suburbs Football Association (NSFA) for the construction of a new grandstand and associated facilities at the North Turramurra Recreation Area, primarily for use by NSFA.

background:	At the OMC on 14 February 2023, Council resolved, in part: D. Note that funds to pay Council staff, cost planning, legal fees and associated costs in the negotiation of a HoA will be covered by existing Council budgets. ……… F. Note that transaction documents associated with delivery of the facility would be broadly based on equivalent documents prepared for the St Ives High School Basketball Courts, with all capital costs, operating costs, and whole of lifecycle costs to be borne by the NSFA. ………

comments:	This report seeks to update Council on the status of the HoA for the project.

recommendation: (Refer to the full Recommendation at the end of this report)	If Council accepts the risks, costs, and benefits associated with the project and draft Heads of Agreement, it resolves to endorse the HoA, based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at existing sports ground as the basis for finalising transaction documents for the project.

Purpose of Report

Background

At its meeting of 14 February 2023 Council considered a report on a proposal by the NSFA to construct a new grandstand and associated facilities at the North Turramurra Recreation Area. Council subsequently resolved, inter alia:

That Council:

A. Receive and note updates contained within this report.

B. Note that while the project falls below the $10 million threshold for a formal Capital Expenditure Review to be prepared and submitted to the Office of Local Government, Council’s own recent practice is to prepare a Capital Expenditure Review for projects over $5 million.

C. Note that funds to pay Council staff, cost planning, legal fees and associated costs in the negotiation of a HoA will be covered by existing Council budgets.

D. Note that the project falls within the definition of a “major project” from Council’s own internal project management processes and would consequently fall under the oversight of the Major Project Steering Committee and Major Project Advisory Committee.

E. Note that transaction documents associated with delivery of the facility would be broadly based on equivalent documents prepared for the St Ives High School Basketball Courts, with all capital costs, operating costs, and whole of lifecycle costs to be borne by the NSFA.

F. Note that this proposal is not driven by financial outcomes, but rather the economic, social and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, from a strictly financial perspective, the project may not be financially feasible.

G. Accept the potential risks, costs and benefits associated with the project as discussed in this report at this point in time, and that a further report to Council outlining the terms of the HoA be presented to Council prior to execution.

H. Note finalisation of transaction documents associated with the project would also be referred to Council for consideration prior to execution.

This report deals with a draft HoA for the project only.

Comments

Since last reporting on the project to Council at the OMC 14 February 2023, Council staff have been in negotiation on the terms of a draft HoA with the NSFA and have recently reached agreement, subject to Council endorsement (See Attachment A1).

Having concluded negotiations on the terms of the HoA, Council’s legal advisors ‘Minter Ellison’ have provided a summary of the key considerations and risks to Council arising out of the position agreed with the NSFA in the draft HoA; see the ‘Key Considerations Table’ (Confidential Attachment A2).

Draft Ku-ring-gai Council Open Space and Recreation Needs Study

At its meeting of 20 June 2023 Council adopted the draft Ku-ring-gai Council Open Space and Recreation Needs Study (draft recreation needs study) for public exhibition.

The draft recreation needs study identifies five key “needs” for Ku-ring-gai LGA’s open space and recreation network, for implementation and delivery from now to 2041. These needs and opportunities directly inform the development of the future Ku-ring-gai Open Space and Recreation Strategy:

Need 5 - Continued local and regional partnerships and collaboration is unambiguous about the requirement for Council to engage with a broad range of partners in the delivery of open space facilities and opportunities for the whole community:

Council can’t meet all public open space and recreation needs alone and ongoing partnership with local and regional stakeholders will be important to enable sharing, understanding and shared access.

The Ku-ring-gai LGA has many sporting clubs, recreation groups, and public and private schools with sports and recreation facilities.

Collaboration with these groups will ensure that the facilities are well cared for and utilised, and uncover opportunities for shared use. Developing ongoing partnerships can also help to build trust and ensure transparent decision-making.

Furthermore, these stakeholders expressed a strong desire for increased opportunities to work in collaboration with Council to holistically plan for sporting and recreation needs.

Coordinated and aligned planning to meet regional recreation needs

The Ku-ring-gai LGA has neighbouring councils with similar challenges to meet growing demands for sports and recreation.

As Ku-ring-gai LGA’s population grows and demand for diverse open spaces and recreation activities deepens, it will be important for Council to work collaboratively with stakeholders to identify innovative solutions to shared challenges, in the LGA and across borders.

This particular project, as well as other projects such as the St Ives High School Joint Use Indoor Courts, the current Norman Griffiths synthetic turf upgrade, and the Ku-ring-gai High School upgrade in conjunction with SINSW and North Shore and Beaches Hockey Association, are exactly the type of projects anticipated to satisfy this “need” for continued local and regional partnerships and collaboration.

This type of collaboration is nothing new for Council (or councils). The synthetic turf upgrade and associated facilities at Charles Bean Oval, and well as many other projects delivered in the intervening period involving sporting club time and monetary investment, culminating most recently with projects such as the lighting upgrade at Warrimoo Sportsground in conjunction with St Ives Football Club, are all emblematic of the arrangements required to “collaborate” with partners.

integrated planning and reporting

Notwithstanding the above commentary, this project is not currently listed in Council’s Long Term Financial Plan. It is not a Council initiated project.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Governance Matters

Continuing to work with the NSFA on this project is consistent with Council’s commitment to optimise the use of available public land for social infrastructure.

Should the project proceed, monthly project reports to the Major Project Steering Committee will be prepared in line with the approved Major Projects Governance Structure.

Risk Management

The following risks have been identified for the project:

· Council may not have the right to terminate the Project Deed after the Construction Contract has been entered into and therefore may be liable for cost over-runs if NSFA are unable to fund additional costs;

· Council may need to cover additional on-going maintenance and replacement costs if the NSFA do not get sufficient revenue from operating the facility; and

· the Office of Sport may withdraw the approximate $3.8m funding grant if significant progress is not made toward construction by the middle of this year.

Refer also to the ‘Key Considerations Table’ (Confidential Attachment A2) prepared by Council’s legal advisors ‘Minter Ellison’ which outlines a summary of the key considerations and risks to Council arising out of the position agreed with the NSFA and how they are addressed in the draft HoA.

Financial Considerations

This proposal is not driven by financial outcomes, but rather the economic, social and environmental value offered to the football community, including the health benefits for players through increased activity and recreational outcomes.

Preparation of a business case in the context of a capital expenditure review is likely to determine that from a strictly financial perspective, the project is not financially feasible. In this respect, similar projects have carried the advice of both the Office of Local Government and the Major Projects Advisory Committee that Council should ensure that they are transparent in communicating this to the community.

It was advised in February 2023 (GB 18) that it was expected that in the process of negotiating transaction documents for this project with NSFA, all capital costs, operating costs, and lifecycle costs beyond preparation of a Heads of Agreement would be borne by NSFA. The draft HoA is submitted for Council consideration on that basis.

It similarly remains the case that the broad allocation of risks and responsibilities reflected in transaction documents executed by Council in late 2022 for the St Ives basketball Courts would provide a template for equivalent documents in relation to this project, noting that Council sits in the opposite position in this case, being landowner and procurement authority.

Council has no funding allocated in the 2023/2024 financial year for this project. From execution of the HoA all costs direct and indirect are to be borne by NSFA.

Social Considerations

A long-term objective of Council’s Community Strategic Plan is to ensure that recreation, sporting, and leisure facilities are available to meet the community’s diverse and changing needs.

Environmental Considerations

Environmental considerations have been considered in the project design, documentation, and approval of the DA. It is not proposed to revisit these issues in the event Council resolves to proceed with the project except where required to satisfy conditions of development consent.

The obligation to comply with conditions of consent where they impose requirements above and beyond Council’s current obligations for management and operation of the NTRA facility, sit entirely with the NSFA.

Community Consultation

Communications for the project thus far are being implemented by NSFA only.

At its meeting of 20 June 2023 Council received a petition in “Support the NTRA Development for Enhanced Recreation Facilities and Community Engagement”. The Northern Suburbs Football Association (NSFA) sought support for the North Turramurra Recreation Area (NTRA) Development, being a “vital initiative to improve recreational amenities and foster community engagement” (2,354 names including 115 comments were received) Vide: PT.2.

Statutory notification was carried out as part of the DA process.

Community objection was raised by the general public during the DA process with the following petitions raised:

· Petition of Objection – Presented by Councillor Cedric Spencer to Council 27 April 2022 – 960 Signatures

· Petition of Objection – Presented by Mr Peter Delaney to Council 22 August 2022 – 239 Signatures

· Petition of Objection organised by North Turramurra Action Group to Council 21 September 2022 – 1473 Signatures.

The project is not a Council initiated project and therefore is not specifically included in the Community Strategic Plan, Long term Financial Plan or Council’s current Delivery Program and Operational Plan. Should the project proceed, Council would need to carry out community consultation in accordance with section 10.7 of the Office of Local Government Capital Expenditure Guidelines. This will include consultation carried out by both Council and NSFA to date.

Should Council resolve to continue further with the project, any media must be done in consultation with, and the concurrence of, Council.

Internal Consultation

The project has been discussed between the Strategy & Environment and Operations Departments and the Directors of the Departments have met with the CEO and Facilities Manager of the NSFA.

Summary

The NSFA have successfully achieved development consent and secured significant grant funding towards a new grandstand and amenities including office space, gymnasium, and café at the North Turramurra Recreation Area. Council was not part of the development application design and documentation, or a party to various grant applications at different points in time other than providing a limited number of letters of owners consent.

At this point in time no agreement has been entered into between Council and the NSFA for development and use of the facility. Following consideration of this matter by Council in February 2023, the parties have worked towards preparing a draft HoA that satisfies Council’s resolution (Minute 23).

Both parties have covered their own costs in negotiation of a draft HoA. Beyond that, it is intended that the NSFA is responsible for covering all costs in progressing the project through finalisation of legally binding Project Deed and Licence agreements (transaction documents), design documentation, tender and construction phases, operating costs, and whole of lifecycle costs. The draft Heads of Agreement at Attachment A1 has been prepared and submitted for Council consideration on that basis.

Recommendation:

A. If Council accepts the risks, costs, and benefits associated with the project and the terms of the draft Heads of Agreement as presented, Council resolves to endorse the Heads of Agreement based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at the existing sports ground as the basis for finalising transaction documents for the project.

B. That Council note that this proposal is not driven by financial outcomes, but rather the economic, social, and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, that from a strictly financial perspective, the project may not be financially feasible.

C. That Council note that except for possible carry forwards from the 2022/2023 financial year (which are yet to be considered by Council), there is no budget allocation for any work on this project in the 2023/2024 annual budget.

D. That Council advise NSFA that all capital costs, operating costs, and lifecycle costs (beyond preparation of a Heads of Agreement) will be borne by NSFA and that transaction documents associated with this project will be drafted accordingly.

E. That Council note that finalisation of transaction documents associated with the project will be referred to Council for endorsement prior to execution.

F. Council authorises the Mayor and General Manager to execute the Heads of Agreement on behalf of Council and to make minor/inconsequential changes if required in order to protect Council’s interests.

Dean Payne

Project Leader – Strategy & Environment

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Heads of Agreement - Ready for execution - NSFA and KRG - NTRA		Confidential
	A2	HoA Considerations Table - NSFA and KRG - NSFA		Confidential

Ordinary Meeting of Council - 25 July 2023	GB.7 / 1

Item GB.7	S02696

Active Transport Reference Committee - recruitment of members

EXECUTIVE SUMMARY

purpose of report:	To consider further nominations for community representatives to the Active Transport Reference Committee.

background:	On 18 April 2023, Council considered 10 nominations for community representatives to the Active Transport Reference Committee. Council resolved to readvertise for additional nominations, to encourage broader community and geographical interest.

comments:	Readvertising for members resulted in 8 new nominations. Combined with the previous nominations, Council now has a panel of 18 nominees to consider. It is proposed that pedestrians’ interests would be represented by a member of the WalkSydney, a community group advocating for walkability in Greater Sydney. Apart from the 3 pre-determined member positions, it is recommended that 5 community members be appointed to the Committee.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council appoint members to the Active Transport Reference Committee as outlined in this report.

Purpose of Report

To consider further nominations for community representatives to the Active Transport Reference Committee.

Background

On 18 April 2023, Council considered 10 nominations for community representatives to the Active Transport Reference Committee. Council resolved as follows:

That Council:

A. Re-advertise calling for external nominations for the active transport reference committee and encourage applications from a broad cross section of the community.

B. Advise the current applicants that their nominations will be kept on file and used when council staff recommend a future list of committee members.

C. Contacts and requests nominations from the following groups that were approved at the October 2022 meeting: Peloton Sports Inc, Northern Suburbs Triathlon Club, Northern Sydney Cycling Club, Knights of Surburbia, Veloroos.

D. That Council seek further nominations from community members with an emphasis on encouraging more women to apply and a wider geographical representation.

In accordance with Parts A, C and D of the resolution, expressions of interest for representatives were sought from the community.

Comments

Readvertising for members resulted in 8 new nominations (including 1 late nomination), made up of 6 women and 2 men. Combined with the previous nominations, Council now has a panel of 18 nominees to consider in total, of which 7 are women and 11 are men.

To understand the geographical distribution of submissions, previous and current nominees were from the following suburbs:

Suburb	Number
East Killara	1
Gordon	-
Lindfield	1
North Turramurra	1
Pymble	3
Roseville	-
South Turramurra	1
St Ives	2
Turramurra	2
Wahroonga	1
Warrawee	1
West Killara	1
West Lindfield	1
West Pymble	2
Outside LGA	1
Total	18

The previous and new nominations to the Active Transport Reference Committee have been assessed against the membership criteria and terms of reference as outlined in the Council Advisory and Reference Committee Guidelines.

Although the general focus for community members is to have a cycling interest, it was also requested that nominees demonstrate expertise in one or more of the following areas:

· Public policy and strategic planning;

· social, environmental and financial planning;

· climate change and waste management; transport;

· research and development; and

· governance and corporate reporting.

Consideration has also been given to geographical representation, to achieve a wider representation where possible, as well as the nominees’ availability to attend meetings.

The table Confidential Attachment A1 is a list of all the nominees (previous and current) and recommendation as to their inclusion to the committee. For reference, the application forms from the previous nominees are in Confidential Attachment A2 and the new nominees in Confidential Attachment A3. This information has been made confidential as it contains personal and private information.

There were applicants that had various cycling interests, including utility, recreation, commuter, road cyclists and mountain bike riding. Given the expected focus of the Active Transport Reference Committee on travel demand and congestion management, cycling infrastructure/facilities and cycling as a sustainable and healthy mode of transport, persons with those areas of interest have been recommended.

It is recommended that Council consider the list Confidential Attachment A1 and appoint the recommended nominees, who are considered to have the depth and breadth of expertise in a professional and practical sense, but also demonstrate actions/behaviours suitable to advise and guide Council on active transport matters. Apart from the 3 pre-determined member positions, it is recommended that 5 community members be appointed to the Committee to ensure the size and operation of the committee is manageable while also achieving good geographical and gender representation.

If Council appoints members to form a committee, it is recommended that the meetings of the Active Transport Reference Committee be held on the second Thursday of the month. As the Council Advisory and Reference Committee Guidelines set out that this committee meet quarterly, this implies an ongoing meeting cycle on the 2^nd Thursdays of following months annually:

· February;

· May;

· August; and

· November.

integrated planning and reporting

Theme 4: Access, Traffic and Transport

Theme 6: Leadership

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1: A range of integrated and sustainable transport choices enable effective movement to,

from and around Ku-ring-gai.

T1.1.1: Connections are provided to public transport that are accessible to all age groups and match the travel needs of the community.

T1.1.1.1: An improvement plan is being implemented for bikeways, pedestrian facilities

and footpath networks having regard for the access, health and recreational needs of the

community.

L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.

L4.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

L4.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in

accordance with relevant legislation, codes and guidelines.

Governance Matters

Reference Committees provide a mechanism by which interested residents and experts can play an active role in the formulation of council policy, direction and practice. Reference Committees are an important link in Council’s communication strategy with the community and are supported via other community consultative methods.

Under the Local Government Act 1993, Council is able to delegate some of its functions to a committee of Council. The Reference Committees referred to in this report have not had delegated authority given to them and therefore they serve to provide recommendations and advice for Council. Therefore, these Reference Committees do not have the power to make a final determination on any matter referred to them. Their role is to advise on a particular position, or course of action. This advice is then considered by Council in its deliberations on a matter Reference and Advisory Committees are established under Section 355 of the Local Government Act 1993.

This report has been prepared in response to the resolution of Council on 18 October 2022 to adopt the draft Terms of Reference for an Active Transport Reference Committee.

Risk Management

An Active Transport Reference Committee would incorporate better risk management for people riding bicycles, walking and other micromobility devices by catering for a range of abilities and experience.

Financial Considerations

Owing to its status as a formal Council committee, an Active Transport Reference Committee may be a vehicle to improve Council’s ability to attract grant funding for active transport infrastructure and supporting facilities. For example, Transport for NSW offers funding on a dollar-for-dollar basis for facilities such as local cycleways, footpaths, pedestrian facilities, signage and other support facilities.

Part of Council’s portion of funding for active transport facilities could be sourced from the Environmental Levy’s Sustainable Transport theme, where $100,000 would be available every year for actions derived from the Ku-ring-gai Integrated Transport Strategy and Bike Plan, and to develop and promote sustainable commuter transport alternatives. Funding for active transport facilities is also available through the Net Zero Strategy. Active transport infrastructure and facilities are also a feature of the Public Domain Plans, and a portion of funding is available in the 7.11 Contributions Plan. Where a proposed cycleway corresponds with those identified in Transport for NSW’s Strategic Cycleway Corridor network map for the Eastern Harbour City, there is the potential for 100% funding assistance from Transport for NSW.

The operation and management of the committee will be funded through the Strategy & Environment, Urban Planning Budget.

Social Considerations

An Active Transport Reference Committee would provide an opportunity and a forum for resident and community representation on active transport issues.

Environmental Considerations

Through the advice the Active Transport Reference Committee, a higher level of active transport infrastructure can be attained in Ku-ring-gai, acknowledging that cycling, walking and other forms of micromobility are important travel modes for both solely pedestrian-based journeys and also parts of trips which involve bus, rail or car journeys. Communities and town centres with cycling and walking at the forefront of design provide attractive, liveable areas with high levels of street activity, improved safety and a high quality of environment. Cycleable and walkable environments facilitate greater public transport use and also contribute to healthy communities through the encouragement of physical activity.

Increased cycling rates have the potential to make significant changes to transport patterns by shifting the high number of short trips (under 5km) that are currently undertaken by car to walking and cycling modes.

Council’s Integrated Transport Strategy recognises the sustainability and environmental benefits of encouraging riding bicycles and walking, with objectives to increase proportion of trips that can be undertaken by non-car modes and encourage active transport and active lifestyles.

Community Consultation

A web page calling for members was set up on the Committees and Panels section of Council’s web site. This page hosted information on the committee, links to the nominations form and use of persona information consent form, and the Council Advisory and Reference Committee Guidelines (including Terms of Reference).

The following table provides a summary of communication and consultation actions taken for this 2^nd round of recruitment:

Type of engagement	Details
Information on Council website	Accessible: 10 May – 7 June 2023 (28 days)
Ku-ring-gai e-news	19 May 2023 - On Council’s website and sent to e-news subscribers
Social media posts	Facebook – 17 May 2023 (518 reach) The number of people who saw any of the post at least once.

In accordance with Part C of the resolution at the April OMC, the organisations that were approved at the October 2022 OMC were invited directly by email to nominate, but no responses were received. Representatives of these organisations could still be co-opted from time to time, in accordance with the Terms of Reference. However, an unsolicited nomination was received from a member of the Easy Riders group, which is a North Shore-based bicycle commuting group that has parallels with the organisations that were contacted.

Internal Consultation

This report has been prepared in consultation staff from the Sustainability team within the Strategy and Environment department, and with other departments of Council where relevant.

Summary

On 18 April 2023, Council considered 10 nominations for community representatives to the Active Transport Reference Committee. Council resolved to readvertise for additional nominations, to encourage broader community and geographical interest.

Readvertising for members resulted in 8 new nominations. Combined with the previous nominations, Council now has a panel of 18 nominees to consider. It is proposed that pedestrians’ interests would be represented by a member of the WalkSydney, a community group advocating for walkability in Greater Sydney. Apart from the 3 pre-determined member positions, it is recommended that 5 community members be appointed to the Committee.

Recommendation:

A. That Council appoint members to the Active Transport Reference Committee as outlined in this report.

B. That the Active Transport Reference Committee meet on the second Thursday of August and November in 2023.

C. That all applicants be notified of Council’s decision.

Joseph Piccoli

Strategic Traffic Engineer

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	List of nominees (1st and 2nd round) and recommended members	Excluded	Confidential
	A2	Consolidated Submission Nominations (1st round)	Excluded	Confidential
	A3	Consolidated Submission Nominations (2nd round)	Excluded	Confidential

Ordinary Meeting of Council - 25 July 2023	GB.8 / 1

Item GB.8	FY00674

2023/2024 - Heritage Home Grants - Allocation of Funding and Conditions

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2023/24.

background:	Council’s Heritage Home Grants is an annual funding program available to owners of heritage items and contributory properties located within heritage conservation areas. Applications were considered by the HRC at its meeting of 22 June 2023.

comments:	Council’s HRC have considered and made recommendations in relation to the allocation of funding under Council’s Heritage Home Grants fund for the 2022/23 financial year.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council approves the grant applications as set out in this report for the Heritage Home Fund 2023/24 and that Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding.

Purpose of Report

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2023/24.

Background

Council’s HHG program is an annual funding incentive available to owners of heritage items and contributory properties located within heritage conservation areas. The HHG program aims to assist and encourage owners in the ongoing conservation of their heritage places.

Funding is available for listed heritage items and contributory heritage properties within heritage conservation areas for approved conservation works and maintenance works to original and significant fabric.

The applications for funding under the 2023/24 financial year closed on 19 May 2023 after a two-month application period. These are subject to the HHG Guidelines included in Attachment A1.

Council officers inspected all properties with eligible applications in May and June 2023. Photographs were taken of the properties and discussions held with their owners regarding the proposed works.

All eligible applications were reviewed by the Heritage Reference Committee (HRC at its meeting of 22 June 2022). The recommended funding allocation and conditions for approved projects are included at Attachment A2.

Comments

The call for HHG 2023/22 applications was advertised on Council’s website and as part of the Ku-ring-gai Heritage Festival.

The total amount of funding available for this round is $100,000.

16 applications were received this year of which 3 were ineligible.

At the meeting held on 22 June 2022, the Heritage Reference Committee (HRC) considered applications in light of the guidelines, the importance of the work to the significance of the property, as well as its overall heritage value.

13 applications are recommended for funding. Funding is based on project eligibility with conditions to conserve heritage significance, fulfil planning consent and heritage home grants guideline requirements. This includes 8 projects classed as high priority and recommended for up to $5,000, 4 projects classed as medium priority and recommended up to $5,000, and 1 project classed as low priority and recommended for up to $5,000. Maximum funding was offered for all priorities this year, in line with the usual grant conditions, because funds permitted.

The total recommended funding is approximately $39,161 for high priority projects, $19,428 for medium priority projects and $5,000 for low priority projects, totalling up to $63,589.

Some grants have been adjusted because not all applications are clear, appropriately conserve significant features, or include more or less than the required scope of works for conservation of significant features. Clarification or changes to works is based on HRC recommendations for appropriate conservation. Owners have the opportunity to decline the grant if they do not wish to accept these conditions and seek any necessary development consent for different works.

Some grant increases are recommended above the quoted costs up to the maximum of $5,000 on a dollar-for-dollar basis, to cover further works required to conserve the subject features. The final sum reimbursed by Council following completion of works is half the expended receipted costs for the approved conservation works, as verified by Council staff, up to this approved maximum limit.

Minor works or DA approval may be required for some works recommended for funding. It is recommended as done in previous years that Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding.

All projects can begin following Council’s grant approval, written offer, and owner acceptance. Works will need to be completed by May 2024 for grant payment by 30 June 2024.

3 applications were ineligible because they did not conserve significant or listed features on Council’s LEP or were retrospective for works already completed. Council officers will provide advice to unsuccessful applicants to guide future eligible applications.

Heritage Promotion

The provision of funding through the Heritage Home Grants scheme is essential for the positive promotion of the unique character and built heritage of Ku-ring-gai. This funding assists owners in obtaining specialist tradespeople to deal with the unique needs of heritage buildings. In previous years, owners have consented to Council using their projects funded under the scheme as exemplars, which assist in educating owners of heritage buildings on how to restore and maintain their heritage items. Such case studies are currently in development and it is aimed to disseminate them via Council’s website.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Implement, monitor and review Ku-ring-gai’s heritage planning provisions <Type text here…>

Identify gaps in existing strategies and plan

Governance Matters

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

Risk Management

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

Financial Considerations

The HRC has made no recommended changes to the funding for next year’s grant program. The funding is provided through Council’s Capital Work Program & Operational Projects plan.

Social Considerations

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

Environmental Considerations

A role of the HRC is to support Council in identifying and managing Ku-ring-gai’s cultural heritage. No additional environmental considerations are relevant to this process.

Community Consultation

The call for HHG 2023/24 applications was advertised on Council’s website. Site inspections of all eligible HHG properties occurred in May and June 2023. All applicants were notified of this matter going to Council.

Internal Consultation

Council’s Communication team have been promoting the HHG programme on Council’s website as part of the Ku-ring-gai Heritage Festival. The Heritage Reference Committee includes Councillors, heritage practitioners and community members and is facilitated by Council staff. The HRC held its meeting on 22 June 2022 to consider Council’s HHG 2023/24 applications.

Summary

The members of the HRC have recommended applications receive a portion of funding for the 2023/24 financial year as outlined in Attachment A2.

Recommendation:

A. That Council approves the Heritage Home Grant funding as set out in Attachment A2.

B. That Council waives any applicable minor works application fees required by successful grant recipients to undertake projects approved for funding.

Claudine Loffi

Heritage Specialist Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Heritage Home Grants Guideline		2022/074144
	A2⇩	Heritage Home Grants 2023/2024 summary of works, recommended funding and conditions		2023/190713

Ordinary Meeting of Council - 25 July 2023	GB.11 / 1

Item GB.11	S04553/19
	29 June 2023

Environmental Levy Grant Program -
Round 25

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to fund round twenty-five (25) of the Environmental Levy grants program.

background:	The Environmental Levy grants are designed to assist the Ku-ring-gai community to deliver small, community based environmental projects. An independent assessment panel assesses the grant applications against the grant criteria. The existing Environmental Levy grant has been renamed the Conservation grant and a new Net Zero grants category with an additional $50,000 has been added this year. As a result, the Environmental Levy grant now has a total of $100,000 allocated, under two categories.

comments:	Thirty-seven (37) applications totalling $146,900 were received under round twenty-five (25) of the Environmental Levy grants program. Of these, the Environmental Levy grants assessment panel recommends funding or part funding twenty-eight(28) projects, totalling $100,105.

recommendation:	That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund twenty-eight (28) projects, totalling $100,105 under round twenty-five (25) of the Environmental Levy grants program.

Purpose of Report

To seek Council’s endorsement to fund round twenty-five (25) of the Environmental Levy grants program.

Background

The Environmental Levy grants are open to groups, schools, and individuals within Ku-ring-gai and assist the Ku-ring-gai community to deliver small, community based environmental projects that enhance our local environment, engage our community, or solve an environmental problem. The grants were identified in the development of the Environmental Levy, with strong support from residents and Councillors, as an opportunity to invest in projects with direct community benefit.

A five (5) member panel, made up of three (3) local community members and two (2) Council staff members assess the grant applications. There is a separate panel for the Conservation and Net Zero categories, therefore two (2) panels overall. The panel members will assess the grant applications against a set of criteria, ensuring projects deliver at least one of the following:

· increased community understanding of the value of the natural environment and local issues and impacts;

· increase community action that benefits the natural environment;

· improve the condition of bushland or the conservation of native flora and fauna;

· increase community understanding of Net Zero and reduce emissions in their own lifestyle; and

· increase community action taken to reduce emissions in energy, waste and transport.

The panel makes recommendations to Council for the funding of projects, which is the subject of this report.

Table 1 outlines the number of projects and funding allocations through the Environmental Levy grants program to date.

Round	Number of successful applications	Funding allocation
Round 1	3	$12,500
Round 2	12	$52,259
Round 3	9	$36,982
Round 4	9	$40,000
Round 5	10	$39,576
Round 6	11	$39,725
Round 7	10	$33,102
Round 8	11	$40,636
Round 9	12	$40,069
Round 10	7	$40,343
Round 11	11	$46,174
Round 12	10	$45,276
Round 13	13	$40,068
Round 14	15	$43,357
Round 15	15	$50,278
Round 16	15	$49,902
Round 17	14	$41,779
Round 18	16	$47,654
Round 19	14	$46,700
Round 20	14	$47,637
Round 21	25	$59,999
Round 22	14	$54,954
Round 23	16	$50,102
Round 24	18	$50,607
Round 25	28	$100,105
TOTAL	332	$1,099,165

Table 1: Summary of funding through Environmental Levy grants program

Comments

Round twenty-five (25) of the Environmental Levy grants program was promoted through Council’s sustainability e-news, volunteer for nature e-news and across social media. Additionally, electronic promotion was conducted through Council’s website and Council’s environmental email distribution lists.

The budget for round twenty-five (25) of the grants program is $100,000, funded through the Environmental Levy. Applications were assessed against the criteria by the assessment panel. Applicants needed to demonstrate how their project:

· provides a measurable benefit to the Ku-ring-gai environment or community;

· partners with local groups/people to achieve its’ goals;

· can effectively meet its objectives;

· evidence of diversity, inclusion and equity in the planning and delivery of the project; and

· evidence of the need for the project and proposed outcomes

Please see Attachments A1 and A2 for a summary of the assessment panel review. Based on this review, a summary of the recommended projects for funding is provided in Table 2.

Applicant	Project	Recommended funding ex GST
Macquarie University	Fungal Biodiversity and Management of Native Bushland	$5,000
Ku-ring-gai Bat Conservation Society Inc.	Wallaby “exclosure” repairs to support canopy restoration	$4,500
St Ives High School	Sydney Turpentine-Ironbark Forest Bushcare – invasive vine and weed removal	$5,000
Kimo Street Bushcare	Assistance to maintain ecological burn area	$2,912
KBA Committee	Encourage local residents to keep their cats contained	$5,000
Macquarie University	How do aerially deployed fire retardants impact aquatic ecosystems	$5,000
WildThings NSW Inc	Inspection and monitoring of Hollows for Wildlife	$5,000
St Ives High School	Native garden educational signage	$3,454
Pymble-Turramurra Pre-School	Revegetating the native garden- outdoor classroom	$3,937
Minns Road Streetcare	Bush regeneration	$2,500
Turramurra Memorial Park Bushcare	Regeneration of small bird habitat and Blue Gum High Forest in Turramurra Memorial Park.	$2,970
FOKE	Ku-ring-gai GeoRegion interpretive signage	$5,000
Princes Park Bushcare	Princes Park invasive vine control	$5,000
Lindfield Public School	Plants for Bush Tucker Garden	$500
Kissing Point Football Club	Restore the bush on eroded slope at Auluba oval	$2,994
Wahroonga Public School P&C Association	Restoring Classroom in the bush	$5,000
St Ives Primary School P&C	Moveable kitchen garden and canteen makeover	$3,007
Energyze North Shore Inc.	Electrify for Environment presentation and solar sessions	$2,967
St Ives Preschool Kindergarten	Community composting/ food waste network	$1,640
Cromehurst School Lindfield	Cromehurst Cafe and Bushtucker/edible Garden	$3,000
Electrifying Bradfield Inc.	Gordon Rooftop Solar Initiative	$3,477
West Pymble Public School P&C	Green Canteen	$3,186
Ravenswood School for Girls	Worm Farms for the Junior School	$600
Gordon East P&C Association - Environs Committee	GEPS Waste Management & Recycling	$4,499
Ku-ring-gai High School	Sustainable Waste Management	$5,962
Northside Montessori School	Planet Paper	$3,000
Lindfield Learning Village Sustainability Team	Edible Gardens	$2,000
Wahroonga Adventist School	Recycling Bin System	$3,000
TOTAL		$100,105

Table 2: Summary of successful applications – Round 25 of Environmental Levy grants program

INTEGRATED PLANNING AND REPORTING

Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community empowered with knowledge, learning and information that benefits the environment

Increased community action that benefits the environment

Deliver environmental resources and programs for residents

Governance Matters

The Environmental Levy grants program, delivered through the Environmental Levy, provides funding to support environmental projects. Community development programs are highlighted in Ku-ring-gai’s Community Strategic Plan as a key area for Council.

Risk Management

The Environmental Levy grants program covers a range of projects with a variety of associated risks. Council ensures reduced risk to the community and the environment by working closely with grant recipients to ensure that grant implementation works are handled by professionals and that contractors are sourced with appropriate training, safety standards, relevant insurance and licensing.

Financial Considerations

The Environmental Levy has allocated the budget for round twenty-five (25) of the Environmental Levy grants program.

Social Considerations

The Environmental Levy grants program provides an opportunity to invest at the local level in projects with direct community benefit. Many of the grant program’s projects see community members working closely together on a project with an environmental focus. Thus, the program has positive social benefits as well as environmental benefits.

The Environmental Levy grants have been running for many years and the value of the program is demonstrated through the many successful projects which have been undertaken to date.

Environmental Considerations

Round twenty-five (25) funding has been allocated to enable activities such as bush regeneration, habitat creation, sustainability projects at local schools, and community engagement around reaching Net Zero. A number of outstanding applications were received which will help promote a greater appreciation and understanding of the natural environment and Net Zero within the Ku-ring-gai Local Government Area (LGA).

The evaluation criteria for the Environmental Levy grants program ensure that all projects benefit the natural environment and reaching Net Zero within Ku-ring-gai.

Community Consultation

The panel for round twenty-five (25) included 3 community members and 2 Council staff members. The panel met to review the proposals and rank them against the evaluation criteria. There were 2 separate panels for the Conservation grants and the Net Zero grants.

Internal Consultation

In reviewing the grant applications, Environment and Sustainability liaised with Operations and other relevant staff in relation to projects that fell within their areas of professional expertise.

Summary

This report seeks Council’s support to fund round twenty-five (25) of the Environmental Levy grants program.

Thirty-seven (37) applications were received under round twenty-five (25) of the program. The Environmental Levy grants assessment panel recommends funding twenty-eight (28) projects, totalling, $100,105 as outlined in this report.

Recommendation:

That Council endorse the recommendations of the Environmental Levy Grants Assessment Panel to fund twenty-eight (28) projects under round twenty-five (25) of the Environmental Levy grants program, totalling $100,105.

Karen Lamont

Sustainability Engagement Officer

Lindy Williams

Environmental Volunteering Programs Coordinator

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Summary - Round 25 - Environmental Levy Grants - Conservation - 2023-2024		2023/208464
	A2⇩	Summary - Round 25 - Environmental Levy Grants - Net Zero - 2023-2024		2023/208466

Ordinary Meeting of Council - 25 July 2023	GB.12 / 1

Item GB.12	S13795

Reclassification Planning Proposal
261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble

EXECUTIVE SUMMARY

purpose of report:	For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.

background:	The three sites are under-utilised and require substantial financial outlay to upgrade and/or improve their useability and value to Council as a community facility or as an asset. The deterioration of the sites and buildings have resulted in reduced tenancy interest, prolonged vacancy, and/or inability to command competitive rentals. On 16 March 2021 and 24 May 2022 Council discussed its land holding strategy and resolved to prepare Planning Proposals for the three sites. Councillors were most recently briefed on asset disposal matters on 10 February and 22 May 2023, building on a number of briefings in 2022. The Planning Proposal was reported to the Ku-ring-gai Planning Panel on 20 February 2023. The Panel advised the that the proposal should proceed to Gateway subject to provision of additional information.

comments:	A reclassification Planning Proposal has been prepared for Council’s consideration. Reclassification will enable the orderly and economic use of the sites, irrespective of whether they are sold or retained. Reclassification will not alter the attributes of the sites but will broaden Council’s options for its assets, including repurposing to attract a wider range of tenants and possible future divestment. The proposed reclassification is consistent with strategic planning policies and directions including Council’s Community Strategic Plan, Local Strategic Planning Statement, and the wider objectives and priorities of the Greater Sydney Region Plan: A Metropolis of Three Cities, and the North District Plan. A Councillor site visit was conducted on 13 April 2023.

recommendation:(Refer to the full Recommendation at the end of this report)	That the Planning Proposal be submitted to the Department of Planning and Environment for Gateway Determination, and that upon receipt of a Gateway Determination, the exhibition, public hearing and consultation process is carried out, and a report be brought back to Council.

Purpose of Report

For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.

Background

This Planning Proposal seeks an amendment to the Ku-ring-gai Local Environmental Plan 2015 to reclassify three Council-owned sites from Community land to Operational land. The sites are at:

· 261 Mona Vale Road, St Ives;

· 1186-1188 Pacific Highway, Pymble; and

· 1192 Pacific Highway, Pymble.

The three sites are under-utilised and require substantial financial outlay to upgrade and improve their facility. Council has no long-term plans for the three sites which would warrant their retention or significant ongoing expenditure.

Reclassification and discharge of some interests will increase useability and attraction of tenants and broaden Council’s options for its assets.

Community land is land Council makes available for use by the general public, for example, parks, reserves or sports grounds. Section 45 of the Local Government Act 1993 states Community land cannot be sold, exchanged or otherwise disposed by Council.

Operational land is land which facilitates the functions of Council, and may not be open to the general public, for example, a works depot. An operational classification permits Council to sell, exchange or grant an interest to another party in accordance with the provisions of the Local Government Act 1993. Operational land enables a wider range of uses on land and enables Council to secure a range of tenancies at commercial rates.

Council Resolutions to prepare and progress Planning Proposals for the three sites

At the Ordinary Meeting of Council on 16 March 2021, a confidential report on Council’s land holdings strategy was considered. Council resolved to prepare and progress a Planning Proposal to reclassify the land at :

· 261 Mona Vale Road St Ives (lot 31 DP 719052); and

· 1186 Pacific Highway, Pymble (Lot 1 DP 86583).

At the Ordinary Meeting of Council on 24 May 2022 Council resolved that:

E. In relation to Community land that is surplus to Council’s requirements, that a Planning Proposal be prepared and submitted for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979 to reclassify 1192 Pacific Highway, Pymble (Lot 8 DP 30236) from Community Land to Operational land. That the Planning Proposal/s be referred to the Ku-ring-gai Local Planning Panel in accordance with the Ministerial Direction Local Planning Panels Direction – Planning Proposals.

Council is relying on divestment surplus land holdings to the fund co-contributions for infrastructure works identified in various contributions plans, as well as its contribution to the Lindfield Village Hub project.

A number of residual parcels of land have been identified as surplus to Council requirements or not required for longer term provision of community facilities or open space.

The potential of these land parcels can be realised through re-purposing or divestment, both of which require the land to be reclassified from Community land to Operational land.

Ku-ring-gai Planning Panel Advice

This matter was considered by the Ku-ring-gai Planning Panel on 20 March 2023. The Panel advised as follows:

A. The Ku-ring-gai Local Planning Panel advises Council as follows for each of the properties subject of the Planning Proposal:

- 261 Mona Vale Road, St Ives – that the matter proceed to a Gateway Determination.

- 1186-1188 Pacific Hwy, Pymble - that the matter proceed to a Gateway Determination supported by a Conservation Management Plan to guide the potential use, management and change to the site.

- 1192 Pacific Hwy, Pymble – the Planning Proposal should be amended to state that the development consent for 1190 Pacific Hwy, Pymble has lapsed and that the matter proceed to a Gateway Determination.

B. Date of the Advice: 20 March 2023

Councillor Site Inspection

A site inspection with Councillors was conducted on 13 April 2023.

The inspection notes may be seen at Attachment A1.

OMC 20 June 2023

This report was tabled as GB 11 at the 20 June 2023 OMC where Council resolved:

- That GB.11 - Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble be deferred, as one of the St Ives Ward Councillors was an apology.

Moved by the Mayor and Councillor Smith and was carried unanimously.

The same report and attachments are presented herein.

Comments

Overview

Uses permitted under Community classification are highly limiting and restrict opportunities for the sites.

· Even with the discharge of the Covenant constraints and changes to any restrictive Plans of Management that apply to the site, the Community classification will continue to limit the permitted uses on the land.

Operational classification will provide Council options on the management of its land parcels:

· It takes away the constraints of the Community classification short term leases available to tenants and associated requirements to apply to the Minister for Local Government.

· It would enable straightforward negotiation on long term 30+ year leases and a more likely agreement on tenant responsibility and outlay of significant finances to upgrade and maintain deteriorated sites.

· It offers Council the greatest flexibility to invite enterprising and creative private sector interest/involvement in the conservation and operation of the buildings including adaptive re-use.

· It would enable Council to gauge market interest through placement of an EOI, with limited risk to Council’s reputation on the genuine offer to engage with the private sector for the upkeep of the sites and their buildings.

· To explore private sector interest in any proposal for the commercial use of the sites, a public expression of interest process would be undertaken in accordance with Council’s procurement requirements. However, the land parcel would require a granted Operational classification amendment in the KLEP 2015, subject of the current Planning Proposal, to proceed.

· Reclassification enables consideration of divestment as an option subject to further investigation, reporting and a resolution of Council

Proposed amendments to Ku-ring-gai Local Environmental Plan 2015

BBC Consulting Planners have been engaged by Council to prepare a Planning Proposal in relation to Council’s resolutions of 16 March 2021 and 24 May 2022.

The Planning Proposal for the three sites may be viewed at Attachment A2.

The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 to achieve the following outcomes:

· Reclassify the three sites from Community land to Operational land, discharge covenants and retain water and sewer easements where appropriate, to enable the orderly and economic use of the sites in line with Council’s policies and directions.

· Ensure that planning within the Ku-ring-gai LGA appropriately supports the objectives of relevant planning policies and plans, including the Greater Sydney Region Plan: A Metropolis of Three Cities, and the North District Plan and Ku-ring-gai Council’s plans and strategies including the Community Strategic Plan 2032, the Local Strategic Planning Statement, the Community Facilities Strategy (Part 1) and the Open Space Acquisition Strategy 2006.

The objective of the Planning Proposal is to:

· enable greater flexibility around the use and management of Council’s assets to give Council more choice in its decision making on the best financial and facility outcome for the broader Ku-ring-gai community;

· enable Council to meet community expectations for projects and service delivery, particularly for renewal and replacement of assets as well as capital works scheduled in Council’s Long Term Financial Plan; and

· enable Council to consider options for divestment of surplus land holdings to fund co-contributions for infrastructure works identified in various contributions plans.

Consistency with strategic planning framework

The proposed reclassification of the sites is consistent with the following strategic planning documents as demonstrated in the attached Planning Proposal (Attachment A2):

· The Greater Sydney Region Plan - A Metropolis of Three Cities

· The North District Plan

· Ku-ring-gai Council Local Strategic Planning Statement

· Ku-ring-gai Council Strategies and Plans including:

- Community Strategic Plan 2032

- Resourcing Strategy 2022-2032

- Long Term Financial Plan

- Asset Management Strategy

- Community Facilities Strategy – Part 1 Libraries and Community Centres (2018);

- Ku-ring-gai Open Space Acquisition Strategy (2006);

- Ku-ring-gai Recreational Needs Analysis Study (2001).

Benefits of reclassification for the three sites

Local Government Practice Note 1 (May 2000) describes the restriction of uses on sites classified as Community land:

2.2 Classification of public land

All public land must be classified by council as either “community” or “operational” land (ss.25 – 26). The main effect of classification is to restrict the alienation and use of the land. “Operational” land has no special restrictions other than those that may apply to any piece of land.

Community land is different. Classification as community land reflects the importance of the land to the community because of its use or special features. Generally, it is land intended for public access and use, or where other restrictions applying to the land create some obligation to maintain public access (such as a trust deed, or dedication under section 94 of the Environmental Planning and Assessment Act 1979). This gives rise to the restrictions in the Act, intended to preserve the qualities of the land. Community land:

· cannot be sold

· cannot be leased, licenced or any other estate granted over the land for more than 21 years

· must have a plan of management prepared for it.

The Local Government Act 1993 provides in depth explanation of Community land uses at Section 35 to 47F. Amongst other details, this section outlines the powers afforded to Council to use and manage community land. It states how community land is to be managed by Council through Plans of Management and legislation, the dealings Council can have in community land such as leases, as well as what powers Council has to develop on community land. It lists the categorisation of Community land which can only be one or more of the following: a natural area, a sportsground, a park, an area of cultural significance, or general community use.

Reclassification of sites from Community to Operational land enables a wider spectrum of uses for Council assets, giving Council flexibility on how it utilises or leases its assets, and enabling Council to assign the highest purpose for its assets.

Description of the three sites, uses and restrictions

SITE 1: 261 Mona Vale Rd, St Ives (Lot 31 in DP 719052)

· The site is located at the intersection of Mona Vale Road and Link Road, St Ives.

· It is adjoined to the east and south by educational establishments and a childcare centre beyond which is high rise residential development.

· The land is generally flat and has an area of 1,371m2, with a frontage of approximately 39 metres to Link Road and 33 metres to Mona Vale Road.

· The land is currently zoned R4 High Density Residential with similar standards to adjacent land at FSR 1.3:1 and 17.5m height.

· The site comprises a former residence converted for use as a childcare centre with limited on-site parking and a left in from Mona Vale Road, left out to Link Road access.

· The site was previously leased to a not-for-profit community organisation as an Occasional Child Care Centre for in excess of 20 years. Despite a highly concessional rent the lessee voluntarily surrendered the lease in December 2020 citing the operation was not viable.

· On departure, the premises were left in a generally poor condition requiring a new fit-out and internal and external maintenance works at significant cost to both Council and the incoming tenant.

· Following a tender process in 2022, Council secured a new commercial tenant who has agreed to pay a market rent as well as undertake the necessary refurbishment works to operate an early learning centre consistent with current planning approval which provides for the accommodation of up to 25 children up to the age of 5 years old.

· However, to increase capacity or extend the hours of operation, the building would require substantial upgrade works to make the premises compliant with new standards and appeal to a wider tenancy able to offer improved rental rates.

Benefit of reclassification of 261 Mona Vale Road, St Ives:

· The building on this site is dated and although it may continue to operate as a child-care facility, it does not meet current standards and requirements for new childcare facilities as reflected in Part 3.3 of State Environmental Planning Policy (Transport and Infrastructure) 2021; Children (Education and Care Services) National Law (NSW) N 2010; Education and Care Services National Regulations 2011; Children (Education and Care Services) Supplementary Provisions Regulation 2012.

· Without substantial financial outlay the building and its standard of provision cannot into the future compete with emerging childcare facilities in the locality and has limited capacity to maximise and increase future financial returns for Council.

· Substantial upgrades are required to modernise the facility to command the rentals appropriate to its location.

· Reclassification to Operational land will provide flexibility in both the site’s tenancy and possible divestment, to enable Council to receive an adequate return on investment consistent with Council strategies, and consistent with the objects of the EP&A Act to encourage the orderly and economic use of land.

· Given the long term and on-going use of this site under a lease arrangement, Community Classification is not appropriate.

SITE 2: 1186-1188 Pacific Hwy, Pymble (Lot 1 in DP 86583)

· Details regarding financial matters, restrictions and adaptive uses are provided at Attachment A3.

· The site is located to the south-west side of the Pacific Highway, Pymble approximately 320 metres from Pymble train station with bus services along the highway. The rear of the site adjoins the North Shore and Western rail line

· Access into the site is limited to one single left in and left out directly onto the Pacific Highway.

· The surrounding area is characterised by a mix of medium to high density residential and commercial uses. The land is currently zoned R4 High Density Residential with additional permitted uses that include commercial premises, entertainment facilities and function centres. It has with a maximum 0.5:1 floor space area and 9.5m height reflecting current onsite standards. These standards may need to be revisited as part of any future masterplanning process.

· The land has an area of 5,356m² with a frontage to the Pacific Highway of 65.52 metres and a depth of approximately 83 metres. The site falls to the south-west, with carpark located behind the buildings, beyond which the land falls steeply to the railway line at its rear.

· The site contains the Ku-ring-gai Town Hall (former Church) and Presbytery with a car park. The site, including the Ku-ring-gai Town Hall and the Presbytery, are heritage listed (Item No I72).

· The Ku-ring-gai Town Hall facilities include store and dressing rooms, kitchen, toilets, auditorium with stage and gallery. The Presbytery is a two storey building associated with the former church and comprising a number of bedrooms and associated living areas.

· Ku-ring-gai Town Hall is a large space, approximately 300m2, used for large Council or community events and available for casual hire. Although a number of groups hire the space, certain parts of the building are closed indefinitely due to rising damp.

· The Presbytery Building, previously used as the Performing Arts Resource Centre, remains vacant due to its poor condition.

· Both buildings require substantial repair to modernise them and bring them in line with similar sized facilities commanding higher rentals. Refer to Attachment A3.

· Council has previously sought to reclassify the land on two occasions to enable improved opportunities for its use and refurbishment:

- In 1994, Council resolved to classify the site as operational land, in accordance with Clause 6(3) of Schedule 7 of the Local Government Act 1993. There is uncertainty as to whether the land was subsequently reclassified as community land. Consequently, and consistent with LEC case law, this site is included in this Planning Proposal.

- At its meeting on 30 April 2013, Council resolved to prepare a Planning Proposal to reclassify a number of sites from Community land to Operational land, including the subject site.

The reclassification Planning Proposal covering multiple sites was prepared, exhibited and forwarded to the then Department of Planning and Environment for finalisation.

The Department took considerable time, approximately 2 years, to consider the multiple sites. Eventually the Minister’s delegate deferred decision on this and other sites noting that they required further consideration.

- To ensure further and updated consideration of the reclassification of this site, this Planning Proposal process has been commenced from scratch, rather than relying on the previous multiple site proposal submitted to the Department for Gateway.

· Full consideration has now been given to the strategic and site-specific merit of the reclassification of 1186-1188 Pacific Hwy, Pymble and is presented in the Planning Proposal subject of this report.

· The significance and complexity of this site would arguably benefit from a similar approach to that taken by Council in respect of the Lindfield Library site. That site was de-risked, and significant value uplift achieved, by Council preparing and lodging a development application following a masterplanning process. While not entirely guaranteed insofar as a future owner might lodge a DA modification, there is significant certainty in relation to exactly what the urban form outcome would be for that site.

Benefit of reclassification of 1186-1188 Pacific Highway, Pymble:

· Refer to Attachment A3 for details on the condition and options for this site.

· Council’s Community Facilities Strategy proposes a network of community facilities in Ku-ring-gai that work together to collectively meet the needs of the community. This includes new large centrally located multi-purpose facilities that can adapt to changing community needs and provide accessible and flexible spaces to suit a range of services and uses. These facilities offer community provisions that are in line with current standards and attractive in the current market including commanding rates consistent in the market.

· Ku-ring-gai Town Hall and Presbytery are underutilised and comprise spaces that cannot be readily adapted for alternative community uses. This is exacerbated by the poor condition of the buildings and the substantial works required to attend to the damp, mould, and leaking issues in both buildings.

· The reclassification of the site widens opportunities for alternative use of the buildings to attract new, higher paying tenants (provided the substantial financial outlay is available for repair and restoration of the heritage items); and, opportunity to consider possible future divestment to release funds for the provision of community facilities in accordance with Council’s strategic plans and policies.

· The site is a Heritage Item. The preparation of a Conservation Management Plan (as advised by the Ku-ring-gai Planning Panel) , will outline what the heritage significance is of the place and how changes are to be managed over time to ensure the heritage significance is retained.

· The Conservation Management Plan will accompany the reclassification proposal to ensure the heritage integrity of both the Town Hall and Presbytery is maintained through any future potential use, management and change to the site.

· Given the previous long term use of this site under a lease arrangement, Community Classification is not appropriate. Community classification and a restrictive plan of management have led to the Presbytery being vacant for a number of years.

SITE 3: 1192 Pacific Hwy, Pymble (Lot 8 in DP 30236)

· The site is located in the area between the Pacific Highway to its north-east and the northern railway line to its south-west.

· It is surrounded by high density residential development to the north, south and west with a mix of residential and commercial uses on the eastern side of the highway.

· The site is zoned R4 High Density Residential with similar standards to adjacent land at FSR 1.3:1 and 17.5m height.

· The adjacent site to its south at 1190 Pacific Hwy remains the only undeveloped neighbouring site. This land has recently had a change in ownership. It also had a DA approval for an apartment building which has recently lapsed.

· The site is mapped as having biodiversity meaning its vegetation is protected under the KLEP 2015. The proposed reclassification will not affect the onsite trees and vegetation.

· The land has an area of 974m² with a frontage to Pacific Highway of 22.3 metres and a depth of 45.5 metres.

· Access is only available from Pacific Highway. Vehicles have to reverse in or out from Pacific Highway onto the site’s concrete parking platform for 1-2 cars, adjacent to Pacific Highway. To ensure safe access, the structural integrity of the parking platform requires investigation, as well as its conformity to current safety standards.

· The site has extremely poor accessibility for both vehicles and pedestrians. The difficult access has highly compromised Council’s ability to successfully maintain the site as transporting machinery into the site remains problematic.

· The site drops steeply from Pacific Highway and is of sloping terrain, with approximately a 3-6 metre drop from the highway and across the site; and, access is only available via a staircase at the rear of the concrete parking platform on Pacific Highway.

· The site has become progressively isolated and access has become increasingly difficult with apartment developments along the northern and western boundaries and a recently lapsed DA approval for a 5 storey apartment building to the southern boundary at 1190 and 1190A Pacific Highway.

· The site is under-utilised and has had anti-social activities due to its hidden nature. Surveillance of activity on the site is highly compromised and the location does not meet with ‘Safety by Design’ and ‘Crime Prevention Through Environmental Design’ (CPTED) principles in terms of passive surveillance making it a likely candidate for ongoing anti-social behaviour.

· Its size and topography preclude the ability of this site to provide meaningful community facilities without disproportionate spending.

· The site is currently vacant. Previous uses included parking of Sydney Water vehicles.

· Site maintenance is increasing difficult and expensive with equipment and materials having to be craned onto the site. This will become impossible when adjoining sites are developed.

Benefit of reclassification of 1192 Pacific Highway, Pymble:

· This site has remained vacant and unused since its acquisition in 1979. It provides no community benefit, and its steep fall from the highway coupled with sloping terrain and poor location has prevented its effective use as a park. The site has not been utilised as open space and has repeatedly been discussed as a liability.

· The site has been unable to be effectively used for public open space. Council’s Open Space Acquisition Strategy requires new parks to have an area greater than 3000sqm to provide for maximum passive recreation opportunity. This site is less than 1,000sqm with no potential for future expansion due to adjoining developments. The site is heavily impacted by noise and pollution from the Pacific Highway with very poor accessibility and safety surveillance.

· The Ku-ring-gai Open Space Acquisition Strategy 2006 sets out a formal acquisition process that is underpinned by probity, due diligence, analysis of risk and ensures impartiality, transparency and accountability. It establishes principles, criteria and priorities for acquiring open space in Ku-ring-gai. In addition, Council has developed an Open Space Acquisition Program to deliver much needed local parkland for the community.

· The site has not been declared a public reserve.

· Approximately half of the site is affected by easements for water and sewerage purposes. These interests will not be discharged and will remain as a constraint on the land.

· The land contains remnant vegetation protected through biodiversity mapping. This would remain intact regardless of the site’s future use and ownership.

· Reclassification of the land would enable other options to be considered for the site including divestment. This would transfer cost of management, care, surveillance, and use of the land, including the onsite vegetation, possibly to adjacent landowners who currently benefit from their proximity to the site.

· This site was acquired by Council in 1979 using funds from an open space contributions trust fund. This predates Council’s development contributions plans and the Ku-ring-gai Open Space Acquisition Strategy. Nevertheless, should the site be divested in the future, the proceeds from any sale would need to be reserved for open space acquisition.

· The Ku-ring-gai Contributions Plan 2010 provides funding for land acquisition, design and construction of new parks and civic spaces. Funding from any site acquired through contributions for open space, if divested, is reallocated directly into acquisition of other more suitable open space. Council has been actively acquiring land and converting the land to new parks. To date Council has created, or is in the process of creating, over 25,000sqm of new parks and civic spaces.

Conclusion

· Operational classification will allow Council flexibility in the management, enable alignment with Council’s current adopted standards and strategies, and provide greater efficiencies in the financial planning for these assets.

· Any repurposing or future divestment of the three sites, that result from reclassification, would assist Council in meeting community expectations for the renewal and replacement of community infrastructure.

· Council has insufficient funding in the Long Term Financial Plan to sustainably manage and improve its existing infrastructure assets including standards of community facilities to meet community expectations. The deterioration of standards is clear on the three sites that are the subject of this Planning Proposal.

· Reclassification of the three sites to Operational Land will provide Council improved options on the use and purpose of the sites.

· It is noted that any future divestment proposal would require further consideration and would be subject to a separate resolution by Council.

Next steps in the reclassification process

The following steps will be required to progress the Planning Proposal following the advice of the Ku-ring-gai Local Planning Panel:

1. prepare a Conservation Management Plan for 1186-1188 Pacific Highway, Pymble, as advised by the Ku-ring-gai Local Planning Panel;

2. submit the Planning Proposal to the Department of Planning and Environment for Gateway Determination;

3. if granted a Gateway, conduct public consultation including public exhibition, public hearing and any required State Agency consultation; and

4. report back to Council following all public consultation.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

L2.1.3: Council maintains its commitment to infrastructure asset management priorities

L2.1.3.1: Identify available funding sources in the Long Term Financial plan and allocate to priority projects and assets

P2.1: A robust planning framework is in place to deliver quality design outcomes and maintain the identify 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

P2.1.1.2: Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs

Governance Matters

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000. Section 3.36(2) of the EPA Act outlines that following the completion of community consultation, the local plan making authority may:

a) Make a local environmental plan, either with or without variation.

b) Decide to not make the proposed local environmental plan.

Given Council is the landowner, it cannot seek delegation to make the plan. Should Council resolve to adopt the Planning Proposal, it will be submitted to the Department of Planning and Environment with a request to make the plan.

Community land is land Council makes available for use by the general public, for example, parks, reserves or sports grounds. Section 45 of the Local Government Act 1993 states Community land cannot be sold, exchanged or otherwise disposed by Council.

Operational land is land which facilitates the functions of Council, and may not be open to the general public, for example, a works depot. An operational classification permits Council to sell, exchange or grant an interest to another party in accordance with the provisions of the Local Government Act 1993. Operational land enables a wider range of uses on land and enables Council to secure a range of tenancies at commercial rates without Ministerial approval.

Divestment is where Council considers the best outcome for a site is its divestment due to a site’s ineffectual provision of community facility or financial return, any future divestment would be subject to a separate Council resolution and would be undertaken in accordance with Council’s Acquisition and Divestment of Land Policy 2019.

Risk Management

Under-utilisation and limited interest from prospective tenants due to limited funds to upgrade and maintain Council’s assets at a level comparable to the market, and the limitation of allowed uses on Community classified land places Council at both financial and reputational risk due to inability to service its community at a quality level.

Reclassification of the three sites provides Council the opportunity to consider the options for repurposing and/or divestment to facilitate improved community facilities across the LGA whilst balancing Council’s financial burden.

There is a risk to Council’s overall budget position if asset sales are not achieved. There is also a reputation risk to Council if it fails to proceed with social infrastructure projects which rely on asset sales for funding.

Financial Considerations

The cost of preparing the Planning Proposal and associated studies is covered by the Urban Planning - Strategy and Environment Department budget and capitalised against any asset proposed for disposal.

The reclassification of the three sites will assist Council to effectively manage its financial position to meet community expectations for new projects by ensuring competitive tenancy returns or divestment value.

The adopted 2022/23 LTFP had asset sales funding of $111m. This was allocated to Marian Street Theatre redevelopment ($22m), Infrastructure renewal ($36m), co-contributions to projects funded from s7.11 development contributions ($7.4m) and property development reserve ($45m).

The financial strategy around assets recycling has changed as significant asset sales have not been progressed and no longer reliable for future planning. The 2023/24 LTFP provides for reduced asset sales of $52.5m to fund co-contributions to projects funded from the s7.11 development contributions plan and a Property Development Reserve for major projects.

The reduced asset sales leaves a significant funding gap that needs to be addressed. New funding sources are required, in combination with a review of existing services or deferral of proposed capital expenditure. To address this funding gap the LTFP assumes scenarios which provide additional funding raised from a special rates variation. This would largely fund the infrastructure renewal and other major project initiatives proposed.

Development Contributions - The NSW Government has proposed changes to the development contributions system. Significant changes include the removal of community facilities, indoor recreation centres and public domain works from s7.11 plans and also reducing the contributions revenue Council would receive under s7.12 plans. Modelling commissioned by NSROC indicated that the impact of the changes for Ku-ring-gai could be a revenue reduction in the order of $5m pa.

It is not known if the NSW Government intend to proceed with the proposed changes. If they are implemented without modification, it is likely that Council will need to reduce future capital works funded from development contributions.

Social Considerations

Any repurposing or future divestment of the sites that result from reclassification would assist Council in meeting community expectations for the renewal and replacement of community infrastructure, such as the Marian Street Theatre and the St Ives High School Joint Use Indoor Courts.

Environmental Considerations

Where sites identified as containing areas of Biodiversity Significance under the KLEP 2015, the vegetation is mapped under the KLEP 2015 and protected through the instrument. Any change in use or ownership would not alter the current status of ecological consideration.

Community Consultation

Community Consultation will occur following the receipt and instruction of any Gateway Determination from the Department of Planning and Environment. Planning proposals to reclassify public land are required to be publicly exhibited for at least 28 days. Council is required to hold a public hearing when reclassifying land from community to operational. The public hearing is chaired by an independent chairperson.

Internal Consultation

Consultation has been undertaken with the relevant internal sections of Council where required for this report. A Councillor site inspection for the subject sites was held on 13 April 2023 notes are attached at Attachment A1.

Councillors were briefed on this matter on 9-10 February and 22 May 2023.

Summary

In accordance with Council’s resolutions of 16 March 2021 and 24 May 2022, a Planning Proposal to reclassify land from Community to Operational has been prepared for Council owned sites at 261 Mona Vale Road, St Ives; 1186-1188 Pacific Highway, Pymble; 1192 Pacific Highway, Pymble.

On 20 March 2023 the Ku-ring-gai Planning Panel provided their advice. This has been incorporated into the Planning Proposal.

The proposed reclassification of the sites is consistent with strategic planning directions including the Greater Sydney Region Plan: A Metropolis of Three Cities, the North District Plan, and Council’s plans and strategies including: Community Strategic Plan 2038, Local Strategic Planning Statement, Community Facilities Strategy and the Open Space Acquisition Strategy.

The three sites are under-utilised and require substantial financial outlay to upgrade and improve their facility. Reclassification and discharge of some interests will increase useability and attraction of tenants and broaden Council’s options for its assets including consideration of divestment.

There will be no change to the existing zoning, development standards, heritage listing nor to the status of biodiversity on the sites under this reclassification Planning Proposal.

Council has insufficient funding in the Long Term Financial Plan to sustainably manage and improve its existing portfolio of infrastructure assets and to meet community expectations. Reclassification to Operational land will provide options for the best, highest and most orderly and economic use of the sites, and enable Council to gather funds for the provision of community facilities in accordance with Council’s strategic plans and policies.

Recommendation:

A. That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

B. That a Planning Proposal to reclassify 1186-1188 Pacific Highway, Pymble from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

C. That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

D. That upon receipt of a Gateway Determination for any or all of the above mentioned sites, the exhibition, public hearing and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Gateway Determination.

E. That a report be brought back to Council at the end of the consultation process.

F. That subject to a Planning Proposal for 1186-1188 Pacific Highway, Pymble being finally approved, a Conservation Management Plan be prepared to guide future use of the site, prior to any Council decision to dispose of all or part of the subject land.

G. That subject to a Planning Proposal for 1186-1188 Pacific Highway, Pymble being finally approved, Council:

i. prepare a masterplan for the subject site;

ii. prepare and submit a development application for subdivision, use, and development of the subject land; and

iii. prepare and approve site specific development controls for the subject site,

so as to give the community some assurance as to ultimate development outcomes for the site, prior to any Council decision to dispose of all or part of the subject land.

Rathna Rana

Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Site Inspection Notes		2023/172014
	A2	Planning Proposal - Reclassification of 3 sites at 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble	Excluded	2023/173356
	A3	Financial Considerations and Permitted Uses - Town Hall and Presbytery 1186-1188 Pacific Hwy, Pymble	Excluded	Confidential

Ordinary Meeting of Council - 25 July 2023	GB.13 / 1

Item GB.13	S12306/2

Draft Planning Agreement - Exhibition Roseville Memorial Club

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement for the exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment at Part 62 and 64-66 Pacific Highway, Roseville.

background:	In July 2022, Council received a Letter of Offer to enter a Planning Agreement associated with a Development Application at Part 62 (Council land) and 64-66 Pacific Highway (Memorial Club land), Roseville. On 20 September 2022, Council considered the Letter of Offer and resolved that a draft Planning Agreement be prepared and presented to Council with a view to public exhibition.

comments:	A draft Planning Agreement has been prepared to deliver positive outcomes for both the Roseville Memorial Club and Ku-ring-gai Council: · The Club benefits from an increase in development potential and sub strata land use. · Council benefits by receiving funds from sale of a small parcel of land and land dedication of land fronting Larkin Lane that will improve the lane’s public domain and connection to the Memorial Park. This report presents the draft Planning Agreement between Ku-ring-gai Council and Roseville Memorial Club. It proposes the draft Planning Agreement be now placed on public exhibition for community comment.

recommendation: (Refer to the full Recommendation at the end of this report)	That the draft Planning Agreement be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

Purpose of Report

To seek Council’s endorsement for the exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment at Part 62 and 64-66 Pacific Highway, Roseville.

Background

The Roseville Memorial Club has approached Council on multiple occasions regarding its deteriorating Club building and provision. The Club has stated that the redevelopment of the site is necessary to facilitate the provision of an improved and modern Club facility that is able to retain and increase its membership.

A previous development application and planning agreement process was attempted during 2018/2019 but failed to progress due to various complexities and inconsistencies in the development application.

The Roseville Memorial Club has now addressed the previous issues including the inconsistencies with the Ku-ring-gai Local Environmental Plan 2015.

In July 2022, Council received a Letter of Offer to enter a planning agreement associated with a new Development Application for the redevelopment of the Roseville Memorial Club, on land at Part 62 (Council land) and 64-66 Pacific Highway (Memorial Club land), Roseville.

The offer included the dedication to Council of land fronting Larkin Lane for a public footway and tree planting, and the potential purchase by the Roseville Memorial Club of a small area of Council land located between the Club and Larkin Lane known as Part 62 Pacific Highway.

Council Resolution

On 20 September 2022, Council considered the Letter of Offer and resolved the following:

A. That Council receives and notes the receipt of a letter of offer from the solicitors acting for Roseville Memorial Club.

B. That following negotiation, a draft planning agreement be presented to Council with a view to public exhibition.

C. That it be formally noted that the decision to commence the negotiation of a planning agreement cannot be taken to have any fetter on the merit assessment of the associated development application

The Development Application

On 13 February 2023, Roseville Memorial Club lodged a Development Application (DA0049/23) to redevelop the site at Part 62 and 64-66 Pacific Highway Roseville – the application associated with the Letter of Offer to enter a planning agreement.

The Sydney North Planning Panel was briefed on the Development Application on 14 June 2013. A second briefing is expected to be held on 26 July 2023 regarding certain required modifications to the application.

Due to the inclusion of Council land in the development site, an external planning consultant has been appointed to assess the Development Application thus maintaining probity in the assessment process.

The Development Application comprises demolition of existing structures (including the existing Roseville Club and retail tenancy) and construction of a mixed-use building comprising a new ground floor Club, signage, shop-top housing of 37 residential dwellings, basement parking for the Club and residences, associated works and subdivision.

The Planning Agreement

In accordance with Council’s 20 September 2022 resolution, discussions have taken place with the Roseville Memorial Club to develop a draft Planning Agreement associated with their Development Application. A negotiated outcome has been reached as presented in this report for Council’s consideration, with a view to public exhibition.

Due to the inclusion of Council land in the Roseville Memorial Club development site, an independent planning agreement coordinator, together with an external legal team, has been engaged to facilitate the discussion and development of the draft Planning Agreement. This has enabled Council’s priorities to be considered objectively without undue bias relating to its land.

Comments

The Site Related to the Planning Agreement

The development site included in the Roseville Memorial Club’s Development Application and associated with the draft Planning Agreement comprises the following parcels of land:

· 64-66 Pacific Highway, Roseville

The land is privately owned and currently operates as the Roseville Memorial Club.

· Part 62 Pacific Highway, Roseville

62 Pacific Highway is owned by Council and comprises the Roseville Memorial Park land plus a small linear axe-handle strip of land parallel to Larkin Lane (lying to the rear of the Memorial Club land at 64 Pacific Highway).

Part 62 Pacific Highway refers only to the small linear axe-handle strip of land parallel to Larkin Lane and lying to the rear of the Memorial Club land at 64 Pacific Highway. This is the only portion of Council land considered in the Planning Agreement and included in the current draft Development Application.

Figure 1 - Land ownership

Council Land Reclassification

The Memorial Park land at 62 Pacific Highway, as a whole, was formally reclassified to Operational land in December 2016.

The reclassification was necessary for the purposes of permitting the subdivision to excise the axe-handle strip of land (now known as Part 62 Pacific Highway) from the larger Memorial Park land parcel.

In accordance with Council’s original resolution of 9 December 2014, the Memorial Park land itself is planned to revert to community classification following the subdivision of the axe handle strip of land. That resolution is as follows:

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

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

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

Council Land Subdivision

The limited axe handle strip of land adjoining the rear of 64 Pacific Highway and abutting 66 Pacific Highway, was one of many properties identified for potential divestment by Council in 2013, noting the retention of the majority of the 62 Pacific Highway land known as Roseville Memorial Park.

While Council was to proceed to subdivide the site to excise the axe-handle from the larger Memorial Park land, the process had not commenced in 2017 when the Memorial Club first approached Council expressing an interest in purchasing the axe-handle strip of land, now known as Part 62 Pacific Highway, Roseville.

As such, the cost of effecting the subdivision can now be borne by the Roseville Memorial Club in its current Development Application, rather than by ratepayers.

The subdivision enacted with the current Development Application will ensure the Memorial Park sits on its own distinct and wholly separate lot.

It is noted that the axe handle strip of land (Part 62 Pacific Highway) is mostly asphalt and currently used for informal car parking by the Roseville Memorial Club.

The Draft Planning Agreement Proposed for Exhibition

Accompanying the Development Application to redevelop the Roseville Memorial Club site was a Planning Agreement proposed by the applicant on a voluntary basis pursuant to section 7.4 of the Environmental Planning and Assessment Act 1979.

The Planning Agreement has been negotiated with the applicant (Roseville Memorial Club) and a draft has been prepared for Council’s consideration and endorsement for public exhibition.

The draft Planning Agreement proposed for public exhibition may be seen at Attachment A1.

The Valuation, for the axe-handle strip of Council land known as Part 62 Pacific Highway, informing the Planning Agreement may be seen at Confidential Attachment A2, with the purchase price stated at Confidential Attachment A3.

The Draft Planning Agreement seeks to facilitate the following key outcomes:

1. Land purchase from Council

· The Planning Agreement includes the potential purchase by the Club of 156.8 sqm of Council owned land, known as Part 62 Pacific Highway, Roseville. This is an axe-handle strip of land located at the rear of 64 Pacific Highway, Roseville and fronting Larkin Lane.

· The purchase of this land will increase the overall Roseville Memorial Club development potential and enable improved development outcomes, including meeting the maximum requirement for the Club’s parking. This will reduce demand on the Larkin Lane carpark.

· As part of the Development Application, the Club proposes to extend the basement into the subsurface of the Part 62 Pacific Highway land from a depth of minimum 3m below ground level downwards. This will enable increased basement parking provision and other service infrastructure for the Club while preserving a 3m soil depth for tree planting to Larkin Lane.

· As part of the Planning Agreement, the Club will enter into an option deed for the purchase of Part 62 Pacific Highway from Council. An updated Valuation of the land has been prepared (Confidential Attachment A2) to inform the Planning Agreement.

· The purchase price for the axe-handle strip of Council land (Part 62 Pacific Highway) specified in the option deed and the sale of land contract is stated at Confidential Attachment A3.

· The Club’s Development Application will subdivide this portion of the site to create a new stratum lot for dedication back to Council free of cost. The Planning Agreement sets out the necessary legal matters to give effect to this arrangement.

Figure 2 - Axe-handle land strip (156.8 sqm) for potential purchase under the Planning Agreement

2. Land dedication to Council

· The Planning Agreement seeks the dedication of 190 sqm of land back to Council, including the 156.8 sqm of purchased land.

· The dedicated land is intended to provide public benefit through the delivery of an improved public domain to Larkin Lane, including a public footway linking to the Roseville Memorial Park, tree planting and lighting.

· Council’s Development Control Plan seeks the same land dedication from all properties fronting Larkin Lane to enable a continuous public pathway from the Memorial Park to The Rifleway and Six Mile Lane.

· The Planning Agreement requires the new stratum lot to be dedicated to Council prior to the issue of an Occupation Certificate for the redevelopment, or by 1 July 2030, whichever occurs first.

Figure 3 - Proposed land dedication (190 sqm) to Council under the Planning Agreement

While Council is to take the Planning Agreement into consideration in the assessment of the Development Application, the Planning Agreement does not and cannot impose an obligation to grant consent. A merit assessment of the Development Application is in progress and the Planning Agreement does not fetter Council’s discretion in this regard.

The Planning Agreement provides enforcement of the agreement if there is a breach by the Roseville Memorial Club. To this end, the Council has the power to compulsorily acquire the new stratum lot and the interest in land for $1 each if the relevant contributions are not made by the required point-in-time.

Conclusion

The draft Planning Agreement has been negotiated to deliver positive outcomes for both the Roseville Memorial Club and for Council.

The Club benefits from increased development potential and sub strata land use. Council benefits from receiving funds from sale of a small strip of land plus a land dedication (including the sold land to a depth of 3m) that will provide public benefit through improved public domain at Larkin Lane.

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

The decision to place a draft Planning Agreement on exhibition, does not constitute a final endorsement of the Planning Agreement, noting that changes may be negotiated as a result of the feedback from the exhibition.

It is also the Club’s responsibility to ensure the Planning Agreement is not compromised by any modifications made to the Development Application as it progresses through the assessment process.

All matters relating to the divestment of the land, including the land price, should the Planning Agreement be ultimately agreed, will be formally determined at an OMC after the close of the exhibition period, irrespective of the inclusion of any formal offer from the owners or developers appearing in the exhibition material.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

L2.1.3 Council maintains its commitment to infrastructure asset management priorities

L2.1.3.1 Identify available funding sources in the Long Term Financial Plan and allocate to priority projects and assets

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: Implement the Ku-ring-gai Public Domain Plan and Technical Manual and review and update as required.

Governance Matters

Planning agreements are authorised and regulated by the Environmental Planning and Assessment Act, 1979. This Planning Agreement has been prepared in accordance with Ku-ring-gai Council’s Policy for the preparation, negotiation and exhibition of planning agreements.

In view of the inclusion of Council land in the Roseville Memorial Club development site, an independent planning agreement coordinator together with an external legal team have been engaged to facilitate the discussion and development of the draft Planning Agreement. It is noted that an external planning consultant has also be appointed to assess the Development Application due to the inclusion of Council land in that application.

Risk Management

To enable Council staff to remain at arm’s length from the process within their various areas of expertise, Council has engaged an external planning agreement coordinator to liaise across Council in the formulation of the draft Planning Agreement and its relationship to the Development Application. Council has also contracted an external legal team to assist with the assessment and negotiation of the draft Planning Agreement.

Financial Considerations

The cost of preparing the Planning Agreement is covered by the Urban Planning - Strategy and Environment Department budget.

An updated valuation of the land has been conducted (Confidential Attachment A2) and forms the basis for the sale component of the draft Planning Agreement.

The value of the land is based on the increased development potential afforded to the site. The valuation describes the methodology utilised. It adopts a mid-point position to determine the current value of the 156.8 sqm axe-handle strip of land, known as Part 62 Pacific Highway. The purchase price for the land specified in the option deed and the sale of land contract is stated at Confidential Attachment A3.

The parcel of land subject of the sale is a small axe-handle strip of land, mostly asphalt, and currently used for informal car parking by the Roseville Memorial Club. The approach of the Club to purchase this land, for inclusion in their development site calculations, enables the transfer of the cost of effecting the subdivision to the Club rather than being borne by ratepayers.

Social Considerations

The Planning Agreement provides a public benefit opportunity. It seeks to improve the Larkin Lane public domain through the dedication of the total strip of land to the rear of the Roseville Memorial Club development site at 64-66 Pacific Highway.

The land would include new public footpath, trees and lighting and improve the Larkin Lane and Roseville Memorial Park access and connection.

Environmental Considerations

The requirement for the dedicated land to extend to a minimum of 3m below ground will ensure suitable soil depth for the required tree planting to Larkin Lane which enables shading of hard surfaces (roads, paths and buildings), thereby reducing heat-island effects.

Community Consultation

The public exhibition of the draft Planning Agreement, subject of this report seeking Council’s endorsement, will enable the community to make comment on the proposal. All draft planning agreements are exhibited for a minimum of 28 days for public comment in the interests of openness and transparency before being reported back to Council after exhibition.

Internal Consultation

Staff members from Urban Planning, Operations, Development & Regulation, the Property Business Unit, have been consulted by the external planning agreement co-ordinator and legal team to ensure Council’s interests are considered.

Summary

Council has received a Letter of Offer to enter a planning agreement associated with the redevelopment of the Roseville Memorial Club site at Part 62 and 64-66 Pacific Highway, Roseville.

In accordance with Council’s resolutions, negotiations have taken place with the Roseville Memorial Club to develop a draft Planning Agreement.

The draft Planning Agreement has been prepared and presented in this report for Council’s consideration, and to seek endorsement for its 28 days public exhibition, inviting comment from the community.

Recommendation:

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

B. That the draft Planning Agreement and all attachments be made available for inspection in a public exhibition, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2021.

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

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

Rathna Rana

Senior Urban Planner

Antony Fabbro

Manager Urban & Heritage Planning

Craige Wyse

Team Leader Urban Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Draft Planning Agreement - June 2023 - Roseville Memorial Club	Excluded	2023/209270
	A2	Roseville Memorial Club Valuation Update - 7 November 2022		Confidential
	A3	Purchase price for Part 62 Pacific Highway, Roseville		Confidential

Ordinary Meeting of Council - 25 July 2023	GB.14 / 1

Item GB.14	S13467

District Park Master Plans - Review of Program

EXECUTIVE SUMMARY

purpose of report:	To review the District Park Landscape Master Plan Program considering the findings of the draft Open Space and Recreation Needs Study reported to Council in June 2023.

background:	At the Ordinary Meeting of Council - 6 December 2005 – GB.9 Council resolved to commence a programme to prepare landscape masterplans for Ku-ring-gai’s district parks. Over the last 18 years masterplans have been prepared for a total of fourteen (14) of Council’s 17 district parks; one (1) masterplan (The Glade) is currently in draft form.

comments:	Council’s s program for the development of landscape masterplans for Ku-ring-gai’s district parks is near completion and a review of the program and priorities is now required. Several factors have emerged over recent years that may justify a change in priorities particularly considering the findings of the draft Ku-ring-gai Council - Open Space and Recreation Needs Study.

recommendation:	That Council completes the district park master plan program and replace it with a new program focusing on planning for recreation facilities within Council’s larger sporting and recreation spaces as described in this report and that a further report be brought back to Council setting out the details of the new program including objectives, priorities and potential funding.

Purpose of Report

To review the District Park Landscape Master Plan Program considering the findings of the draft Open Space and Recreation Needs Study reported to Council in June 2023.

Background

At the Ordinary Meeting of Council - 6 December 2005 - Item 9 Council resolved to implement a program for the development of landscape masterplans for Ku-ring-gai’s district parks.

District parks were defined as open space areas that:

“…. have features that attract people from outside their immediate neighbourhood and may include a unique landscape or large areas of open space for recreation.”

“Offer a range of recreational opportunities for both active/organised recreation (sportsgrounds, tennis/netball courts or other sports facilities) and passive recreation (facilities for picnics, barbeques, exercise and play)”

“…attract visitors from across the LGA and who predominantly arrive by car...and have toilet facilities and car parking areas to cater for users who may stay in the park for several hours”

Seventeen (17) district parks were identified:

1. St Ives Village Green

2. Kissing Point Village Green (incorporating Sir David Martin Reserve)

3. Swain Gardens

4. Echo Point Park

5. Turramurra Park (Turramurra Memorial Park)

6. Pymble Park (Robert Pymble Park)

7. Hassall Park

8. Lindfield Park (Lindfield Soldiers Memorial Park)

9. Wahroonga Park

10. Gordon Recreation Area

11. Roseville Park

12. The Glade

13. Golden Jubilee

14. Killara Park

15. Queen Elizabeth Reserve

16. North Turramurra Recreation Area

17. Regimental Park

Council’s program for the development of landscape masterplans for Ku-ring-gai’s district parks is now near completion and a review of the program and priorities is required.

Comments

The District Park program has now been running for 18 years and while it has resulted in valuable outcomes it is no longer fit-for-purpose in terms of addressing open space recreation planning challenges facing Ku-ring-gai LGA. Several factors have emerged over recent years that justify a change in priorities, in particular the findings of the draft Ku-ring-gai Council - Open Space and Recreation Needs Study.

Current Status

Council’s program for the development of landscape masterplans for Ku-ring-gai’s district parks is now near completion and a review of the program and priorities is required. Over the last 18 years masterplans have been prepared for a total of fourteen (14) of Council’s 17 district parks; one (1) masterplan (The Glade) is currently in draft form; and four (4) masterplans are yet to be commenced, namely:

· Lindfield Soldiers Memorial Park;

· Echo Point Park;

· Regimental Park; and

· Killara Park.

In terms of the remaining parks only Lindfield Soldiers Memorial Park remains a priority:

· Echo Point Park no longer sits within the District Park program due to its cultural significance. Council has resolved to prepare a revised site-specific plan of management for this reserve as well as Swain Gardens;

· Regimental Park is on land owned by Sydney Water and a master plan is no longer considered necessary; and

· Killara Park is not considered a short-term priority for master planning.

Emerging Issues

There are several emerging issues that are becoming increasingly difficult to manage via the District Park Masterplan Program:

Issue 1

The program was established with a wide variety, size, type and character of parks. The list includes:

· a heritage listed public garden (Swain Gardens);

· a culturally significant foreshore reserve (Echo Point Park);

· sports spaces (such as St Ives Village Green, The Glade and Hassall Park);

· large local parks (such as Gordon Recreation Grounds and Robert Pymble Park); and

· multi-functional parks (such as Roseville Park and Turramurra Memorial Park).

The largest park is North Turramurra Recreation Area which is over 42 hectares in area and the smallest is Gordon Recreation Area at under 1 hectare. All these parks conform with what was previously described as a district park, however over the years the metrics, definition and programming of what a district level park is has evolved.

Issue 2

Recently, the finalisation of district park master plans has been delayed by community concern over some of the proposals, particularly where there is competing interest groups. Current examples include:

· The draft master plan for The Glade, Wahroonga includes a proposal to introduce field lighting to support more use of the field in the evening for training. Residents have rejected the proposal while sports clubs and players are generally in support. To date the matter has not been resolved.

· The draft master plan for Queen Elizabeth Reserve, Lindfield includes a proposal to remove the dog-off leash facility from the oval to improve the field conditions and increase usage. Dog owners have strongly rejected the proposal. A solution has been found which limits dog off-leash users by time however the broader issue of the suitability of combined use remains unresolved.

In both these cases, resolution of competing interests is not straight-forward given the lack of an over-arching Council policy on these matters. A revised program would establish a clear set of objectives to manage these issues.

Issue 3

Sporting clubs and associations regularly approach Council with various projects to undertake improvements to Council’s sports grounds and sports facilities. State and Federal grant funding programs have given the groups significant financial capacity for such projects. Recent examples include:

· Warrimoo Oval – Operations Department unable to progress planned field upgrade due to uncertainty around proposals for a synthetic field;

· Princes Park/Primula Oval – Operations Department unable to progress planned field upgrade due to uncertainty around proposals for a synthetic/hybrid field;

· Lindfield Soldiers Memorial – Lindfield Rugby Club has a proposal to extend the existing club house and is seeking Owners Consent and an MOU with Council – Council does not have a master plan for the reserve;

· Bannockburn Oval – Operations Department unable to progress planned field upgrade due to uncertainty around expansion of athletics track.

· Auluba Oval (Sir David Martin Reserve) – Kissing Point Football Club have independently engaged consultants to produce a masterplan proposal for the upgrade of facilities.

It is noteworthy that four (4) of the parks above are not included in the current district park program.

Key Outcomes of the Recreation Needs Study

The draft Recreation Needs Study identifies a number of priorities for strategic open space planning in Ku-ring-gai.

Priority 1 – New, improved, and welcoming parks for informal and active recreation

· Ku-ring-gai has a below benchmark provision of small local parks and there is a need to manage the larger sports space as multi-purpose spaces.

· The Needs Study undertook a statistically valid phone survey of residents and found that fun and enjoyment (90%), fitness and exercise (88%), and getting fresh air (88%) are the main reasons residents use recreation spaces in the Ku-ring-gai LGA. Walking (87%) is the most popular recreation activity and other popular activities include picnics (64%), relaxing (58%), walking the dog (48%), fitness activities (44%), and running (44%).

· Council’s Open Space Acquisition Program (OSAP) will continue to prioritise creation of new parks along the train line where access is lowest and there is the highest population growth and density. However, this program alone will not address the benchmark shortfall of local parks.

· Council’s sports spaces will need to provide for informal recreation and allow multiple sports to share spaces and facilities. This will mean balancing the requirements of a range of users, including dogs, pedestrians and local clubs.

· Council will need to prioritise embellishments to existing sports spaces to increase opportunities for informal recreation for all ages and abilities including quality amenities, outdoor fitness stations, BBQ’s and shelters and social spaces, to gather and recreate.

Priority 2 – Increased capacity, quality, and flexibility of sport spaces

· Based on benchmarks Ku-ring-gai has a comparatively high provision of sports spaces (at least 50% above the minimum requirement to support the current population). This means that Council may not need to create new sports spaces but will need to focus on improving capacity and increasing utilisation of turf fields. This will involve improving drainage, utilising best practice turf management, providing field lighting, building new amenities, and increasing maintenance. In addition, the consideration of hybrid and synthetic turf needs to be considered in the broader context of sporting provision.

· The Recreation Needs Study has found that about 75% of Council’s turf fields are operating below capacity i.e., less than 30 hours a week, in the winter season and 100% in the summer season. Many of Council’s underutilised sportsgrounds do not have field lighting and good quality amenities buildings which appears to be the primary factors influencing field utilisation. 59% of stakeholders surveyed indicated the quality of fields is the biggest barrier to increasing sports participation.

· The Recreation Needs Study found an increasing demand for more spaces for women’s sports however most of our sportsgrounds lack facilities and amenities catering for female participation.

Priority 3 – Increased provision of diverse and multipurpose recreation facilities

· Ku-ring-gai’s population is growing and becoming more diverse. This means planning for recreation facilities that are designed for shared uses by children, older people, young people, and dog owners.

· Benchmarks, participation trends and community consultation indicate that there is a need for more diverse recreation facilities such:

o multi-purpose/hard-surfaced areas and outdoor courts, particularly basketball courts.

o spaces for informal social team sports, including emerging games such as padel tennis and pickleball.

o recreation facilities for young people skate, BMX, mountain bike tracks.

· Sports are still in high demand, but non-traditional sports are emerging - This means sports fields and sports spaces can no longer be single purpose or single code.

Next Steps - Recreation Planning

Council faces ongoing pressure in relation to sport and recreation facilities and moving forward, Council needs to plan for open space, sport and recreation in a more integrated manner. This will ensure balanced consideration of activity needs whether active, passive, structured or unstructured.

Based on the previous discussion it is clear Council needs to prioritise planning for recreation and recreation facilities. This report recommends that Council commence a program focused on planning for community sporting and multi-use sites in response to current community demands for open spaces and recreation facility provision.

Short Term Priorities

Staff and funding resources currently allocated to district park master plans will be allocated to preparing Recreation Strategies for the following reserves:

· Lindfield Soldiers Memorial;

· Princes Park/Primula Oval;

· Warrimoo Oval; and

· Bannockburn Oval.

A masterplan for Lindfield Soldiers Memorial will commence immediately given it is the last of the District Park Masterplans forming part of a Council resolution dating back to 2005. The other three reserves will also be prioritised as they have outstanding strategic recreation issues that require resolution before Operations Department are able to progress planned field upgrades. In addition, both Warrimoo Oval and Bannockburn ovals are identified in the Recreation Needs Study as operating above capacity. Acron Oval is also operating above capacity, and Council are having representation from the groups here especially.

In addition, Council may need to consider development of supporting policies to the ensure the best outcome for the community, these include:

· Dog off-leash;

· synthetics/natural turf/hybrid sporting surface;

· field lighting;

· landowner consent; and

· Capacity and Utilisation audit.

These will also inform Council’s Open Space Strategy (as required by the LSPS) to provide guidance on the future management of Council’s open space and recreation assets. Utilisation monitoring to better understand the actual usage (as opposed to relying on booking data) of Council’s recreation facilities will also be fundamental to both the development of these Recreation Strategies, and the Open Space Strategy. In addition to the provision of co-locating other community-based facilities within our open spaces to ensure consent activation of these areas.

Medium Term Priorities

Other priorities will include the sports spaces identified in the draft Recreation Needs Study as operating above capacity, these include:

· Acron Oval

· Barra Brui Playing Field

· Bryce Oval

· Comenarra Sports Ground

· Rofe Park (Mimosa Oval)

· Sir David Martin Reserve (Auluba Oval)

· Toolang Playing Field

· Howson Oval

· Kent Playing Field

integrated planning and reporting

Focus area P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P6.1.1: A program is implemented to improve existing recreation, sporting and leisure facilities and deliver new multi-use sporting

facilities and opportunities.

P6.1.1.2: District park landscape masterplans

are prepared to inform the forward Open Space

Capital Works Program.

P6.1.1.12: Actively engage with sporting organisations and clubs, user groups and

residents during the preparation of relevant policies and strategies for sport and recreation.

Governance Matters

The Ku-ring-gai Local Strategic Planning Statement (KLSPS) builds on the community values expressed through the Community Strategic Plan – Our Ku-ring-gai 2038. Under the themes of Liveability – Open Space, Recreation and Sport; and Sustainability – Open Space.

Ku-ring-gai Local Planning Priorities:

· K17. Providing a broad range of open space, sporting and leisure facilities to meet the community’s diverse and changing needs;

· K18. Ensuring recreational activities in natural areas are conducted within ecological limits and in harmony with no net impact on endangered ecological communities and endangered species or their habitats;

· K19. Providing well maintained, connected, accessible and highly valued trail networks and recreational infrastructure where locals and visitors can enjoy and connect with nature; and

· K20. Developing and managing a network of sporting assets that best meet the needs of a growing and changing community.

Risk Management

Council faces ongoing pressure in relation to sport and recreation facilities. A lack of reliable data in the past has meant that decisions in relation to sport and recreation facility provision have been made on an ad-hoc basis rather than on informed guidance.

The last time Council undertook a strategic review of recreation needs was in 2001 and in the intervening 22 years Ku-ring-gai and the broader Sydney metropolitan area has undergone rapid change and an assessment of these changes is timely.

Moving forward, Council will be required to plan for open space, sport, and recreation in a more integrated manner. This will ensure balanced consideration of activity needs whether active, passive, structured or unstructured.

Pro-actively planning for recreation facilities will assist Council in meeting priorities by providing a framework which will assist Council to manage its open spaces and prioritise funding and resources within budgetary and maintenance constraints.

Financial Considerations

The sports spaces identified as short-term priorities are funded as follows:

Project Location	Proposed Works	Project Bid	Year	Total Funding*	Infrastructure and Facilities	Development Contributions
Princes Park Lindfield	Sports field upgrade – includes upgraded playing surface, seats, fencing, landscaping and automated irrigation/stormwater harvesting	PB000028	2027	$750,000.00	$0	$400,000.00
Princes Park Lindfield	Playground upgrade	PRJ-100415	2027	$750,000.00	$0	$350,000.00
Lindfield Soldiers Memorial Park, Lindfield	Upgrade of playing surface (Oval no.1) and installing turf wicket, drainage and automated irrigation. Stormwater - planning, investigation and design	PB000158	2026	$338,000.00	$0	$338,000.00
Bannockburn Oval, Pymble	Sports field upgrade of playing surface, irrigation, drainage, water harvesting, seating, fencing, lighting and car parking	PB017758	2024	$707,000.00	$707,000.00	$0
Warrimoo Sportsground, St Ives Chase	Sports field upgrade with consideration for synthetic surface and floodlights.	PB000167	2027	$190,500.00	$0	$190,500.00

* Excludes any funds from asset sales or future Special Rate Variation (SRV)

Funding for Princes Park and Warrimoo Sportsground currently sits within Strategy and Environment Department.

Funding for Lindfield Soldiers Memorial Park sits with Operations Department and no funds have been allocated currently for recreation planning / master planning.

Funding for Bannockburn Ovals currently sits within Operations Department. Preliminary discussions have been held with staff from Operations Department regarding the need to resolve strategic recreation issues before undertaking works.

In recent years the district park masterplans have been prepared in-house using staff resources supported by specialist consultant reports as required such as arboriculture, land surveyors and engineering. Based on these costs it is estimated that $50K will, on average, be sufficient for the planning phase. The project budget would then be handed over to Operations with a Council endorsed plan for delivery.

Medium to Long term

Officers from the Operations Department have confirmed that current budgets for basic sports field upgrades are inadequate due to increasing construction costs. Furthermore, if Council wishes to undertake best practice turf management, upgrade amenities and provide for a range of new and upgraded recreation facilities then additional funding will be required.

Further discussions will be undertaken between Departments to determine a way forward. One option may be to undertake fewer field upgrades and consolidate budgets and supplement with other project funding sources such as:

· Environmental Levy – funding for drainage improvements and water harvesting (for best practice only);

· Environmental Levy – funding for LED field lighting upgrades (seed funding and best practice only);

· State Grants, Crown Lands Grants, State Sporting Grants and club funding; and

· Development Contributions.

A further report will be brought back to Council setting out the proposed funding and priorities agreed between Strategy and Environment and Operations departments.

To ensure transparency and consistency a revised set of criteria will be used to set the priority list. The criteria will aim to address the needs of sporting groups, community users, and Council’s long-term strategies in facility provisions.

Social Considerations

Recreation facilities planning (in place of district park masterplans) will aim to deliver the same level of positive social outcomes, founded on a strong community engagement platform. These strategies will consider:

· upholding good stewardship of the facility;

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

· improving opportunities for community recreation, leisure and enjoyment;

· implementing a risk assessment and crime prevention through environmental design; and,

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

Strategies for these facilities will be designed to encourage social interaction, community inclusion and enjoyment of the outdoors. The improvements will provide additional opportunities for healthy outdoor pursuits for residents living nearby and will cater for a growing population.

Environmental Considerations

There are no direct environmental considerations arising from this report.

Community Consultation

No community consultation was undertaken in preparing this report; however, this report is in response to issues and opportunities raised by community members and stakeholders during preparation of the draft Recreation Needs Study.

Internal Consultation

No direct internal consultation was undertaken in preparing this report. However ongoing discussions have occurred occur between officers from Strategy and Environment and Operations Departments in relation to matters discussed in this report.

Summary

The District Park program has now been running for 18 years and while it has resulted in valuable outcomes it is no longer fit-for-purpose in terms of addressing the recreation planning challenges facing Ku-ring-gai LGA. Accordingly, it is recommended that Council bring to a close the district park program and commence a new program with a focus on planning for recreation facilities within Council’s larger and more complex sporting and recreation spaces. The first project would be Lindfield Soldiers Memorial Park followed by Princes Park, Lindfield; Bannockburn Oval, Pymble; and Warrimoo Sportsground, St Ives Chase.

Given the high demand for this work it is also recommended that the new program prepare ‘recreation facilities plans’ or ‘recreation strategies’ rather than masterplans. Facility plans or strategies would provide higher-level strategic guidance rather than the detailed outcomes associated with masterplans. This may allow plans to be prepared with greater efficiency and frequency.

The report notes that the funding available for basic sports field upgrades is inadequate due to increasing construction costs; it also notes the lack of funding available for upgrades to amenities for new and upgraded recreation facilities. Further discussions will be undertaken between Departments to determine a way forward and a further report will be brought back to Council setting out the proposed funding and priorities agreed between Strategy and Environment and Operations Departments.

Recommendation:

That:

A. Council ends the district park master plan program and replace it with a new program focusing on planning for recreation facilities within Council’s larger sporting and recreation spaces as described in this report.

B. $50,000 be allocated from PB000158 for preparation of a recreation facilities plan for Lindfield Soldiers Memorial Park, Lindfield for FY2024.

C. A further report be brought back to Council setting out the details of the new program including objectives, priorities and potential funding.

Fleur Rees

Senior Landscape Architect

Craig Johnson

Strategic Recreation Planner

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 25 July 2023	GB.15 / 1

Item GB.15	S06342/3

Bushfire Prone Land Mapping Update 2023 draft

EXECUTIVE SUMMARY

purpose of report:	For Council to note amendments to the Bush Fire Prone Land Map 2015 and to seek Council's approval to exhibit the draft Bush Fire Prone Land Map 2023 for the Ku-ring-gai Local Government Area (LGA).

background:	The Environmental Planning and Assessment Act 1979 and the Rural Fires Act 1997 require councils to prepare a Bush Fire Prone Land Map (BFPLM) every five years. This map is certified by the Commissioner of the NSW Rural Fire Service. The BFPLM formally identifies land affected by a bush fire hazard and acts as a legislative trigger for the consideration of appropriate planning and development controls. The last significant review of the BFPLM was undertaken in 2015. The NSW Rural Fire Service released a revised methodology for assessing bush fire prone lands in November 2015. This report includes the draft BFPLM 2023 for the Ku-ring-gai LGA to be exhibited for public comment.

comments:	The NSW Rural Fire Service ‘Guide for Bush Fire Prone Land Mapping’ (2015) was used as the basis for the review. The amended mapping identifies 3,128 hectares of Bush Fire Prone Land in the Ku-ring-gai LGA, resulting in 11,298 bush fire prone properties.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council approve the draft Bush Fire Prone Land Map 2023 for public exhibition.

Purpose of Report

Background

In August 2002 the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 was introduced to ensure that people, property and the environment are better protected against bush fire. This legislation amends both the Environmental Planning and Assessment Act 1979 [EP&A Act (1979)] and the Rural Fires Act 1997 [RF Act (1997)] and requires the submission of a map of Bush Fire Prone Land for certification by the Commissioner of the NSW Rural Fire Service (NSW RFS). This map must be reviewed every five (5) years.

It is a requirement of the NSW RFS that the Bush Fire Prone Land Map (BFPLM) be prepared according to specifications contained in the Guide for Bush Fire Prone Land Mapping (NSW RFS 2015) (https://www.rfs.nsw.gov.au/__data/assets/pdf_file/0011/4412/Guideline-for-Councils-to-Bushfire-Prone-Area-Land-Mapping.pdf - Accessed June 2023). This is to ensure legibility, to establish consistency across NSW and to assist in creating a more streamlined system for planning for bush fire protection.

The BFPLM formally identifies land affected by a bush fire hazard and acts as a legislative trigger for the consideration of appropriate planning and development controls. Council is required to make the BFPLM available for public inspection. Section 10.7 of the EP&A Act (1979) requires that on application made to it under subsection (1), the council shall, as soon as practicable, issue a planning certificate specifying such matters relating to the land to which the certificate applies. Schedule 2 of the Environmental Planning and Assessment Regulation 2021 sets out the matters required to be specified in a planning certificate and specifies in respect to bush fire prone land:

(1) If any of the land is bush fire prone land, designated by the Commissioner of the NSW Rural Fire Service under the Act, this must be noted on the planning certificate.

(2) If none of the land is bush fire prone land, a statement to that effect must be noted on the planning certificate.

This is an important mechanism to alert people to the potential for bush fire attack through a formal planning process and to alert people looking to purchase property in bush fire prone areas as to the location of nearby hazards. The provisions of the EP&A Act (1979) also require that new development on Bush Fire Prone Land must comply with the requirements of the RFS publication Planning for Bush Fire Protection (NSW RFS 2019) (https://www.rfs.nsw.gov.au/__data/assets/pdf_file/0005/174272/Planning-for-Bush-Fire-Protection-2019.pdf - Accessed June 2023).

For the purposes of the Building Code of Australia, designated Bush Fire Prone Land maps are used to give effect to the Australian Standard AS 3959 – 2009 ‘Construction of buildings in bush fire prone areas’.

Ku-ring-gai’s first BFPLM was approved by the Commissioner of the NSW RFS in 2002. This was formally revised in January 2008 and 2015. Table 1 summarises the updates undertaken since the first BFPLM was approved.

Table 1 – Summary of BFPLM revisions since 2002

Year	Revision details
2002	First approved BFPLM
2008	Detailed site inspections and community consultation led to a number of minor boundary adjustments and category reclassification. This revision also led to an expansion of SEPP Seniors Living and SEPP 53 exclusion areas (enabled under the Environmental Planning and Assessment Act 1979).
2011	Sites identified for reclassification as a result of development and property maintenance altering the structure of bushland. Council attempted to amend the 2008 BFPLM within the 5 year review period (as reported to Council at its Ordinary Council Meeting of 7 March 2011). However, these amendments were referred to the NSW RFS Commissioner but were not addressed by the NSW RFS. Hence, they were incorporated into the 2015 review.
2015	Introduction of the 10/50 vegetation clearing entitlements and subsequent revisions to the Bush Fire Prone Land mapping methodology have resulted in further amendments to the way Category 1 and Category 2 vegetation is assessed and mapped. In December 2014, following the release of the Guide for Bush Fire Prone Land Mapping and the associated metadata, the Ku-ring-gai BFPLM was validated and updated in line with the new methodology and rules for determining vegetation categories.

Comments

Timely revision of the BFPLM was sightly delayed by the 2019 Bushfires and Covid impacts during 2020 and 2021.

In May 2022 Eco Logical Australia were contracted to undertake the review of Ku-ring-gai’s BFPLM 2015. The creation of the draft BFPLM 2023 (Attachment A1) involved a review of existing Bush Fire Prone Land mapping and vegetation extent and structure, as per the Guide for Bush Fire Prone Land Mapping (NSW RFS 2015); through aerial photograph and satellite imagery interpretation across the LGA and supplementary field validation specifically targeting areas of interest, areas of uncertainty (in terms of vegetation structure relating to fire behaviour) and areas of greatest change.

Attachment A2 details the methodology used in the review to determine the revised BFPLM 2023.

A bush fire prone vegetation ‘buffer’ has been applied around all Category 1, Category 2 and Category 3 vegetation to identify properties at risk. For Category 1 vegetation this distance is 100 metres from the edge of the bush fire prone vegetation and for Category 2 and Category 3 this distance is 30 metres. These distances are derived from research that has shown that 85% of house loss as a result of a bush fire occurs within the first 100m from bushland. This distance is reduced for Category 2 and category 3 bush fire prone vegetation as it is believed that these categories have a lower overall bush fire risk.

While the BFPLM acts as a legislative trigger for the consideration of appropriate planning and development controls it is acknowledged that the buffer distances also currently determine the 10/50 vegetation clearing entitlement areas. The current affiliation between the BFPLM buffer and 10/50 vegetation clearing entitlement areas however is not the focus of this report and the BFPLM buffer should be viewed as being primarily a legislative trigger for the consideration of appropriate planning and development controls.

The current review of the BFPLM has resulted in a number of changes. These fall into four broad groups:

1. Bush fire prone vegetation retained – these areas portray minimal/ no change. These areas can be broken down into the following categories

a. Category retained;

b. Category adjusted to Category 2 vegetation;

c. Category adjusted to Category 1 vegetation; and

d. Category adjusted to Category 3 vegetation.

2. Bush fire prone vegetation removed – these are areas that:

a. were mapped as bush fire prone vegetation in 2015 but have undergone changes to the extent that they no longer constitute a bush fire threat as provided for in the planning and bush fire regulations. For example, some areas that once contained fire prone vegetation have been subject to development, clearing or management and no longer constitute a bushfire threat;

3. Bush fire prone vegetation added – these are areas that:

a. were not mapped as bush fire prone vegetation in 2015 but have been added as part of this update as they have undergone changes to the extent that they now constitute a bush fire threat; or

4. Minor boundary adjustments – some changes on the amended map are minor boundary adjustments which are a direct consequence of using high resolution aerial photography and/or undertaking detailed ground validation exercises. These are typically areas where the overall category has been retained but there have been small changes in vegetation extent due to vegetation removal, addition or past mapping error. Typically these adjustments result in boundary shifts in the order of 0.5-20m.

The draft BFPLM 2023 (Attachment A1) represents an increase in accuracy to the 2015 map and has incorporated relevant changes to land use and conditions since the previous map was certified in 2015. A detailed analysis of the methods and resulting amendments are provided in the consultant’s report as Attachment A2.

The proposed changes to the 2015 map are summarised in Tables 2 and 3. The draft BFPLM 2023, excluding the evacuation risk overlay, has been produced by the NSW RFS and is provided as Attachment A1. This has been used to calculate the total number of bush fire prone properties, provided in Table 2.

Table 2 – Changes to the Bushfire Prone Land Map for the Ku-ring-gai LGA

	Category 1 vegetation (ha)	Category 2 vegetation (ha)	Category 3 vegetation (ha)	Buffer area (ha)	Total number of bush fire prone properties
2015 BFPLM	3050.63	78.13	0.00	1469.96	11957
Draft 2023 BFPLM	2987.55	138.36	1.62	1,410.85	11298
Overall change -/+	-63.08	+60.23	+1.62	-59.11	-659

Table 3 - Summary of changes to the affected land under the draft BFPLM 2015

Bush fire prone vegetation changes	Area (ha)
Category retained (no category change)	3039.06
Bush fire prone vegetation retained – adjusted from Category 1 to Category 2	64.98
Bush fire prone vegetation added	36.44
Bush fire prone vegetation removed	14.57

The 2008 and 2015 BFPLM for Ku-ring-gai incorporated a Bushfire Evacuation Risk Map. This prohibits additional SEPP Seniors Living, and SEPP 53 developments in specified exclusion zones. As part of the review process it is proposed that the Department of Planning is formally contacted and a request is made for Council to continue to the Bush Fire Evacuation Risk Map overlay as previously identified in the 2015 certification process, to be displayed in conjunction with the updated BFPLM 2023.

Comments

Timely revision of the BFPLM was sightly delayed by the 2019 Bushfires and Covid impacts during 2020 and 2021.

integrated planning and reporting

COMMUNITY, PEOPLE AND CULTURE

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community that feels safe and is equipped to respond to risks to life and property from emergency events.

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

Review and update Ku-ring-gai’s Bushfire Prone Land Map.

Governance Matters

Bush Fire Prone Land maps and the associated digital data are owned by the NSW RFS and held in custody by respective councils. The NSW RFS requires councils to prepare the BFPLM and make these maps available for public inspection. Section 10.3 of the EP&A Act 1979 includes provisions for Council to update the BFPLM every five (5) years.

Risk Management

It is a requirement of the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 for councils to map Bush Fire Prone Land within their LGA to ensure that people are better informed, and that people, property and the environment are better protected against bush fire.

The BFPLM serves as an important planning mechanism for Council to alert people living or looking to live or develop in areas prone to bush fire attack and to plan development that minimises their bush fire risk.

It must be noted that the BFPLM is largely developed to minimise radiant heat impacts on properties/people during bushfire events. However, 87% of all Australian house loss during wildfire is from ember attack, rather than (direct) radiant heat. The BFPLM does not account for significant ember attack, even though the buffering takes account of the heaviest ember attack areas. Further, it does not address evacuation risk. The public must be reminded that even if their property is excluded from the BFPLM, the probability of impacts from extensive ember attack or bushfire are likely within the entirety of the LGA.

Council’s Climate Wise Communities program helps to educate residents on these risks and improve the community’s resilience to natural disasters.

Financial Considerations

The preparation of the draft BFPLM 2023 has involved the engagement of consultants Eco Logical Australia at the agreed consultancy fee.

In relation to development within Bush Fire Prone Land, there will be an economic impact in terms of permissible standards of construction, design and layout related to each site. This will only affect new dwellings, alterations and additions and not current buildings.

Social Considerations

Council has responsibilities under the Local Government Act 1993, the Rural Fires Act 1997 and the Fires and Environmental Assessment Legislation Amendment Act 2002 to manage public land to protect and preserve the bushland, minimise the occurrence and spread of bush fire on land under its care and control, and reduce the risk of bush fire to the community.

The BFPLM assists in ensuring that bush fire safety provisions are incorporated into new development where that development is identified as being located in an area of risk.

Environmental Considerations

Council and private landholders have statutory obligations with respect to fire management and protection of the natural environment. Identifying Bush Fire Prone Land will not directly result in environmental impacts.

The revised Guide for Bush Fire Prone Land Mapping (NSW RFS 2015) attempts to present a more refined and accurate method for assessing the risk and likelihood of bush fire attack, to assist in reducing unnecessary impacts to canopy extent, Endangered Ecological Communities, threatened species, heritage, soil erosion and riparian systems, as a result of the 10/50 vegetation clearing entitlement rules.

It is important for Council to consider best practice measures that will reduce risk and conserve our environment, biodiversity and local area values/amenity.

Community Consultation

The draft BFPLM 2023 has been prepared in accordance with the Guide for Bush Fire Prone Land Mapping (NSW RFS 2015). Council has maintained a record of community queries and requests to undertake spot reviews of the 2015 BFPLM. These records have been incorporated into the current review under the new methodology.

Representatives from NSW RFS Head Office, the Hornsby Ku-ring-gai District RFS Fire Control Centre and Fire and Rescue NSW have contributed to the preparation of the draft BFPLM 2023.

In light of the strategic importance of this process the consultation process to-date has sought to:

• ensure a consistent approach in the interpretation and application of the mapping guidelines;

• ensure mapping processes are consistent;

• obtain an expert opinion on areas where the classification of land is unclear or potentially conflicting.

It is proposed that the draft BFPLM 2023 be placed on public exhibition for 28 days.

Large copies of the amended map will be placed on display and residents will be invited to make submissions. Supporting documentation will also be made available to the community.

These maps will be made available on Council’s website, at Council Chambers and at Council’s four (4) libraries. The public exhibition period will be promoted through Council’s social media platforms, including Facebook and Twitter; online e-news communications; and local news media. Property owners who have been identified as having an increase in encumbrances will be notified of the public exhibition period by mail.

Internal Consultation

Key staff from Strategy and Environment (Environment and Sustainability and Urban and Heritage Planning teams), Development and Regulation, and Operations directorates have been consulted during the preparation of the draft BFPLM 2023.

Summary

The Rural Fires and Environmental Assessment Legislation Amendment Act 2002 requires the submission of a map of Bush Fire Prone Land for certification by the Commissioner of the NSW Rural Fire Service (NSW RFS). This map must be reviewed every five (5) years. A Bush Fire Prone Land Map (BFPLM) formally identifies land affected by a bush fire hazard and acts as a legislative trigger for the consideration of appropriate planning and development controls.

In May 2022 Eco Logical Australia were contracted to undertake the review of Ku-ring-gai’s BFPLM 2015. The creation of the draft BFPLM 2023 (Attachment A1) involved a review of existing Bush Fire Prone Land mapping and vegetation extent and structure, as per the Guide for Bush Fire Prone Land Mapping (NSW RFS 2015); through aerial photograph interpretation (API) across the LGA and supplementary field validation specifically targeting areas of interest, areas of uncertainty (in API) and areas of greatest change.

Overall, there have been minor changes of -659 properties and 59.11ha of land identified with a reduced bushfire risk in comparison to the 2015 BFPLM.

The draft 2023 BFPLM is now ready to be placed on public exhibition.

Recommendation:

A. That Council approve the draft Bush Fire Prone Land Map 2023 for public exhibition and seek the approval from the Department of Planning to apply the Bush Fire Evacuation Risk Map overlay as previously identified in the 2015 certification process.

B. Following the public exhibition period, a report will be brought back to Council outlining any changes and recommended amendments to the draft BFPLM 2023 and to seek a resolution to refer the final BFMLP 2023 to the NSW RFS for certification.

Mark Schuster

Technical Officer Bushfire

Sophia Findlay

Natural Areas Team Leader

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	2023 Draft Ku-ring-gai Bush Fire Prone Lands Map		2023/209239
	A2⇩	Ku-ring-gai Bush Fire Prone Land Map Update - Eco Logical, May 2023		2023/208507

[2] Note that these estimates have been derived by proportionately allocating growth projections for SA2s to wards. This assumes that growth would be uniform across each SA2, and they are a rough indication of projected growth only. Caution should be exercised when interpreting these approximations.

[3] Section 210(7) of the Act states that “the division of a council's area into wards, or a change to the boundaries of a ward, must not result in a variation of more than 10 per cent between the number of electors in each ward in the area”.

[4] The Australian Electoral Commission (AEC) moved its enrolment system to 2021 SA1s in early 2023. This data must be used by when submitting ward alterations to the NSWEC.

Ordinary Meeting of Council - 25 July 2023	MM.1 / 1

Item MM.1	S14221

Ordinary Meeting of Council - 25 July 2023	MM.2 / 1

Item MM.2	S14082

Ordinary Meeting of Council - 25 July 2023	GB.4 / 1

Item GB.4	FY00621/5

Ordinary Meeting of Council - 25 July 2023	GB.9 / 1

Item GB.9	S13163

Ordinary Meeting of Council - 25 July 2023	GB.10 / 1

Item GB.10	CY00413/11

Attachments:	A1⇩	HRC minutes of 22 June 2023		2023/200400
	A2⇩	HRC report on spelling of Narelle Avenue Pymble 22 June 2023		2023/200344

Ordinary Meeting of Council - 25 July 2023	QN.1 / 1

Item QN.1	EM00041/11