Extraordinary
Meeting
TO
BE HELD ON Monday, 5 February 2024 AT 7:00PM
Level
3, Council Chamber
Agenda
** ** ** ** ** **
The
Mayor has called this Extraordinary Meeting following a request from Councillor
Martin Smith and Councillor Kim Wheatley.
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
minutes from the Mayor
MM.1 Recent Developments
with the Proposed Housing Policy 7
File: S14427
This Mayoral Minute follows MM1
from the December 2023 Ordinary Meeting of Council to provide an update (for
noting) on local activity regarding the State Labor Government’s proposed
housing policy.
The State Government commenced a
‘public feedback’ process on 18 December with submissions due 23
February 2024. The effect of commencing a feedback process at the start of
school holidays has meant that media coverage and public awareness has been
low.
Given the drastic nature of the
changes being imposed upon Ku-ring-gai, Council’s position has been to
make all efforts to raise awareness in the community.
Earlier this month Council
released a four page brochure (see Attachment 1) to summarise the changes being
proposed as well as highlight key implications for Ku-ring-gai’s
infrastructure, amenity and environment. This brochure was delivered to all ratepayers
via email or physical mail, as well as to renters. Residents were encouraged to
respond to a council-run survey, and the preliminary survey results indicate
that the majority of those who responded were not in support of the State
Government’s proposed changes. Residents were also encouraged to write
directly to the State Government to provide their feedback.
Council, councillors, and
community groups have also been active in promoting awareness of the State
imposed changes through multiple eNews, through social media, and through
personal interactions. We encourage further activity in this space in the
coming months.
Council also organised a public
information session on this topic for Wednesday 31 January, with further
actions required for raising awareness to be determined following the
information session.
The Department of Planning also
met with Council Staff on Tuesday 16 January and Councillors on Wednesday 24
January to provide an update specifically on the Transport Oriented Development
(‘TOD’) policy. From these sessions, three particular items to note
were that:
1. The
TOD policy does apply to Heritage Conservation Areas. Specific questions as to
how it is possible to observe heritage while also allowing 6-7 storey
development were not answered.
2. There
were underlying assumptions of how many additional dwellings can be provided in
each of Roseville, Lindfield, Killara and Gordon. While the TOD policy will
come into place in April 2024, councils have the option to propose alternate
zoning arrangements to match or exceed the dwelling targets.
3. The
underlying modelling for each dwelling target is cabinet in confidence and not
available to council or members of the public. The department did not agree
with Council’s concerns as to whether there was sufficient infrastructure
(roads and congestion, stormwater, amenities, and appropriate funding) to
support the dwelling uplift.
Point 2 in particular has been
suggested as a potential way to protect the heritage conservation areas,
however, any decision to restrict heights in the HCAs would have to be
accompanied with even more drastic uplift elsewhere. Some councillors expressed
concern that if Ku-ring-gai were to propose uplift in the town centres, the
State Government may nevertheless renege and still require 6-7 storeys in the
HCAs.
In the meanwhile, property
developers have been circling (even harassing) residents within 400m of these
train stations. This was reported just today in the Sydney Morning Herald and
other residents have shared with us their displeasure of receiving regular,
unsolicited contact from developers in recent weeks. In one case, a resident
who last lived in Roseville 15 years ago is still receiving unsolicited phone
calls seeking sale of property she does not own.
The Northern Sydney Regional
Organisation of Councils has called an extraordinary meeting to discuss the
proposed changes. This meeting will be held on 15 February.
Also scheduled for 15 February
was a meeting with Paul Scully MP (Minister for Planning) to discuss the
housing policy as well as the Lindfield Village Hub, however his office has
deferred the meeting to 29 February.
This information is provided to
publicly record what has been happening and the situation changes from week to
week. Council staff will have more to report for the upcoming Ordinary Meeting
of Council on 20 February, and in the interim Councillors Smith and Wheatley
have called for an Extraordinary Meeting of Council to agree on a further round
of action (refer to NM.1).
Recommendation:
That Council notes and receives
this Mayoral Minute.
Motions of which due Notice has
been given
NM.1 To consider
the proposed changes to housing policy and planning controls by the NSW
Government 13
File: S14427
Notice of Motion from Councillors Smith
and Wheatley dated 29 January 2024
The proposal by the State Government to impose brutal changes to
planning controls across NSW would be vandalism to the built and natural
environment on a grand scale.
Just prior to Christmas the Government cynically released
details of their intention to override the planning controls of NSW councils,
using the holiday period to hide from public scrutiny. Some of the worst
parts of their plan are due to commence as early as April 2024.
Ku-ring-gai is alarmed by the long-term consequences of the Government’s
plans and will not sit back and allow it to occur.
The new planning controls will lead to the widespread
destruction of heritage properties, massive tree loss and traffic gridlock. We
know that there is already inadequate infrastructure for sewer, water supply
and stormwater in Ku-ring-gai, and yet the Government will not release their analysis,
hiding behind Cabinet secrecy provisions. The Government has not even provided
councils with the expected number of extra dwellings to be delivered under the
new planning controls, let alone any planning
for extra schools, parks and other needs for a much larger community.
One shocking aspect of the Government’s plans is to
blanket large areas around train stations with 6 to 7 storey buildings that are
so dense they will take up most of the land, not allowing for setbacks from
neighbours nor space for landscaping and tree planting. There will be
inadequate access to natural light and fresh air.
If the Minns Government was serious about housing affordability
it would work with other states and the Federal Government to reduce the impact
of short term rentals, vacant properties, foreign ownership and immigration.
Revising planning controls will be ineffective at making housing more
affordable without addressing these broader issues.
The Government’s proposal to override local planning
controls with a one size fits all approach abandons all notions of good
planning. The Government must withdraw its proposal to change planning controls
in this manner and conduct genuine consultation with local councils and their
communities.
We, therefore, move that Council:
A. Condemns the State Government for its
irresponsible approach to planning for the future of the built and natural
environment in NSW.
B. Rejects the proposed changes to planning
controls and demands that they be withdrawn with genuine consultation to be
undertaken with councils and their communities.
C. Explore all options to oppose the
changes and stop them being implemented.
D. Lodge an application under the GIPA act
to obtain the NSW Government analysis of the proposed planning controls.
E. Continue to actively inform the
community, and request NSROC and Local Government NSW to lobby against the
proposed changes to planning controls.
F. Write to the Mayors of all Sydney
metropolitan councils seeking for these councils to fight back and demand that
the proposed changes to planning controls be withdrawn.
G. Arrange for banners in key locations to
alert residents to the proposed changes.
H. Authorise the General Manager to take
all action necessary to implement this resolution and otherwise progress the
interests of Council consistent with this resolution.
Recommendation:
That the above Notice of Motion
as printed be adopted.
** ** ** ** ** **
|
Extraordinary
Meeting - 5 February 2024
|
MM.1 / 1
|
|
|
|
|
Item
MM.1
|
S14427
|
Recent
Developments with the Proposed Housing Policy
This Mayoral Minute follows MM1 from
the December 2023 Ordinary Meeting of Council to provide an update (for noting)
on local activity regarding the State Labor Government’s proposed housing
policy.
The State Government commenced a ‘public
feedback’ process on 18 December with submissions due 23 February 2024.
The effect of commencing a feedback process at the start of school holidays has
meant that media coverage and public awareness has been low.
Given the drastic nature of the changes being imposed upon
Ku-ring-gai, Council’s position has been to make all efforts to raise
awareness in the community.
Earlier this month Council released a four page brochure
(see Attachment 1) to summarise the changes being proposed as well as highlight
key implications for Ku-ring-gai’s infrastructure, amenity and
environment. This brochure was delivered to all ratepayers via email or
physical mail, as well as to renters. Residents were encouraged to respond to a
council-run survey, and the preliminary survey results indicate that the
majority of those who responded were not in support of the State
Government’s proposed changes. Residents were also encouraged to write
directly to the State Government to provide their feedback.
Council, councillors, and community groups have also been
active in promoting awareness of the State imposed changes through multiple
eNews, through social media, and through personal interactions. We encourage
further activity in this space in the coming months.
Council also organised a public information session on this
topic for Wednesday 31 January, with further actions required for raising
awareness to be determined following the information session.
The Department of Planning also met with Council Staff on
Tuesday 16 January and Councillors on Wednesday 24 January to provide an update
specifically on the Transport Oriented Development (‘TOD’) policy.
From these sessions, three particular items to note were that:
1. The
TOD policy does apply to Heritage Conservation Areas. Specific questions as to
how it is possible to observe heritage while also allowing 6-7 storey
development were not answered.
2. There
were underlying assumptions of how many additional dwellings can be provided in
each of Roseville, Lindfield, Killara and Gordon. While the TOD policy will
come into place in April 2024, councils have the option to propose alternate
zoning arrangements to match or exceed the dwelling targets.
3. The
underlying modelling for each dwelling target is cabinet in confidence and not
available to council or members of the public. The department did not agree
with Council’s concerns as to whether there was sufficient infrastructure
(roads and congestion, stormwater, amenities, and appropriate funding) to
support the dwelling uplift.
Point 2 in particular has been suggested as a potential way
to protect the heritage conservation areas, however, any decision to restrict
heights in the HCAs would have to be accompanied with even more drastic uplift
elsewhere. Some councillors expressed concern that if Ku-ring-gai were to
propose uplift in the town centres, the State Government may nevertheless
renege and still require 6-7 storeys in the HCAs.
In the meanwhile, property developers have been circling
(even harassing) residents within 400m of these train stations. This was
reported just today in the Sydney Morning Herald and other residents have
shared with us their displeasure of receiving regular, unsolicited contact from
developers in recent weeks. In one case, a resident who last lived in Roseville
15 years ago is still receiving unsolicited phone calls seeking sale of
property she does not own.
The Northern Sydney Regional Organisation of Councils has
called an extraordinary meeting to discuss the proposed changes. This meeting
will be held on 15 February.
Also scheduled for 15 February was a meeting with Paul
Scully MP (Minister for Planning) to discuss the housing policy as well as the
Lindfield Village Hub, however his office has deferred the meeting to 29
February.
This information is provided to publicly record what has
been happening and the situation changes from week to week. Council staff will
have more to report for the upcoming Ordinary Meeting of Council on 20
February, and in the interim Councillors Smith and Wheatley have called for an
Extraordinary Meeting of Council to agree on a further round of action (refer
to NM1).
Recommendation:
That Council notes and receives this Mayoral Minute.
|
Councillor Sam Ngai
Mayor
|
|
|
Attachments:
|
A1 ⇩
|
Housing
SEPP Brochure
|
|
2024/027261
|
|
Extraordinary
Meeting - 5 February 2024
|
NM.1 / 1
|
|
|
|
|
Item
NM.1
|
S14427
|
To
consider the proposed changes to housing policy and planning controls by the
NSW Government
Notice of Motion from Councillors Smith
and Wheatley dated 29 January 2024
The proposal by
the State Government to impose brutal changes to planning controls across NSW
would be vandalism to the built and natural environment on a grand scale.
Just prior to
Christmas the Government cynically released details of their intention to
override the planning controls of NSW councils, using the holiday period to
hide from public scrutiny. Some of the worst parts of their plan are due
to commence as early as April 2024. Ku-ring-gai is alarmed by the
long-term consequences of the Government’s plans and will not sit back and
allow it to occur.
The new
planning controls will lead to the widespread destruction of heritage
properties, massive tree loss and traffic gridlock. We know that there is
already inadequate infrastructure for sewer, water supply and stormwater in
Ku-ring-gai, and yet the Government will not release their analysis, hiding
behind Cabinet secrecy provisions. The Government has not even provided
councils with the expected number of extra dwellings to be delivered under the
new planning controls, let alone any planning
for extra schools, parks and other needs for a much larger community.
One shocking
aspect of the Government’s plans is to blanket large areas around train
stations with 6 to 7 storey buildings that are so dense they will take up most
of the land, not allowing for setbacks from neighbours nor space for
landscaping and tree planting. There will be inadequate access to natural light
and fresh air.
If the Minns
Government was serious about housing affordability it would work with other
states and the Federal Government to reduce the impact of short term rentals,
vacant properties, foreign ownership and immigration. Revising planning
controls will be ineffective at making housing more affordable without
addressing these broader issues.
The
Government’s proposal to override local planning controls with a one size
fits all approach abandons all notions of good planning. The Government must
withdraw its proposal to change planning controls in this manner and conduct
genuine consultation with local councils and their communities.
We, therefore,
move that Council:
A. Condemns the State Government for its
irresponsible approach to planning for the future of the built and natural
environment in NSW.
B. Rejects the proposed changes to planning
controls and demands that they be withdrawn with genuine consultation to be
undertaken with councils and their communities.
C. Explore all options to oppose the
changes and stop them being implemented.
D. Lodge an application under the GIPA act
to obtain the NSW Government analysis of the proposed planning controls.
E. Continue to actively inform the
community, and request NSROC and Local Government NSW to lobby against the
proposed changes to planning controls.
F. Write to the Mayors of all Sydney
metropolitan councils seeking for these councils to fight back and demand that
the proposed changes to planning controls be withdrawn.
G. Arrange for banners in key locations to
alert residents to the proposed changes.
H. Authorise the General Manager to take
all action necessary to implement this resolution and otherwise progress the
interests of Council consistent with this resolution.
Recommendation:
That the above Notice of Motion as printed be adopted.
|
Councillor Martin Smith
Councillor for St Ives Ward
|
Councillor Kim Wheatley
Councillor for Wahroonga Ward
|
