Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 19 March 2024
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Present: |
The Mayor, Councillor S Ngai (Chairperson) Councillors J Pettett & G Taylor (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillor A Taylor (Roseville Ward) Councillors M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward) |
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Staff Present: |
Acting General Manager (David Marshall) Director Community (Janice Bevan) Acting Director Corporate (Angela Apostol)
Director Development & Regulation (Michael Miocic) Acting Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Governance and Corporate Strategy (Christopher M Jones) Manager Urban & Heritage Planning (Antony Fabbro) Governance Support Officer (Nicole Kratochvil) |
The Meeting commenced at 7:02PM
The Mayor offered the Acknowledgement of Country and Prayer
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File: S02194
Councillor Spencer advised of an apology from Councillor Kay due to illness.
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(Moved: Councillors Ngai/A. Taylor)
That the apologies be accepted and leave of absence granted.
CARRIED UNANIMOUSLY |
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:
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37 Confirmation of attachments to be considered in closed meeting
File: S02499/9 Vide:
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(Moved: Councillors Ngai/Wheatley)
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.3 Status of Women's Advisory Committee
In accordance with 10A(2)(a):
· Attachment 2: Women’s Advisory Committee Submissions
· Attachment 3: Status of Women Advisory Committee Member Selection
GB.4 Arts and Culture Advisory Committee
In accordance with 10A(2)(a):
· Attachment 2: Arts and Cultural Advisory Submissions
· Attachment 3: Arts and Cultural Advisory Committee Member Selection
GB.11
Ku-ring-gai Development Control Plan Post-Exhibition consideration of
In accordance with 10A(2)(e):
· Attachment 2: Confidential - Advice on Signage and Advertising issues
CARRIED UNANIMOUSLY
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Minutes of Ordinary Meeting of Council File: EM00041/11 |
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Meeting held 12 December 2023 Minutes numbered 214 to 238
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(Moved: Councillors Spencer/Lennon)
That Minutes circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting, subject to the correction of the minute numbers.
CARRIED UNANIMOUSLY
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Investment Report as at 29 February 2024
File: FY00623/6 Vide: GB.7
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To present Council’s investment portfolio performance for February 2024.
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(Moved: Councillors A. Taylor/Spencer)
That:
A. The summary of investments and performance for February 2024 be received and noted.
B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.
CARRIED UNANIMOUSLY
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Bench Seat – Mariana Cl, St Ives
File: S02135 Vide: GB.8
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To report to Council on the matter of the bench seat in Mariana Close, St. Ives, as per Council’s resolution from the OMC on 12 December 2023 which in part included a site inspection be undertaken to consider alternative locations for the bench seat and a report be brought back to Council in March 2024.
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(Moved: Councillors A. Taylor/Spencer)
A. That this report be received and it be noted there is no other suitably identified location for a bench seat in or around the vicinity of Mariana Close, St. Ives for the intended purposes of the bench seat. B. That no further action be undertaken in relation to this matter.
CARRIED UNANIMOUSLY |
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Draft Open Space & Recreation Needs Study - Post Exhibition
File: S13467 Vide: GB.9
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To report back to Council the results of the public exhibition of the draft Open Space and Recreation Needs Study.
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(Moved: Councillors A. Taylor/Spencer)
That:
A. Council adopt the Open Space and Recreation Needs Study, as attached to this report, as the evidence-base to guide future open space and recreation planning in Ku-ring-gai;
B. Staff undertake detailed analyses in relation to sports field utilisation, dog off-leash areas, and outdoor hardcourt utilisation and report back to Council;
C. Staff undertake a review of the priorities for sports fields upgrades in the Long-Term Financial Plan consistent with the findings of the Open Space and Recreation Needs Study
D. All persons that made a submission be notified of Council’s decision.
CARRIED UNANIMOUSLY |
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Generic Plans of Management for adoption - General Community Use and Natural Areas
File: S06604/2 Vide: GB.10
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To have Council adopt the Generic PoM – General Community Use & Natural Areas, dated May 2023 and November 2023 respectively.
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(Moved: Councillors A. Taylor/Spencer)
That Council adopt the:
A. Final Generic Plan of Management – General Community Use, dated May 2023 in accordance with clause 70B of the Crown Land Management Regulation 2018.
B. Final Generic Plan of Management – Natural Areas, dated November 2023 in accordance with clause 70B of the Crown Land Management Regulation 2018 subject to minor mapping amendments.
CARRIED UNANIMOUSLY |
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Ku-ring-gai Development Control Plan Post-Exhibition consideration of submissions
File: S13723 Vide: GB.11
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For Council to consider submissions made to the exhibition of the draft Ku-ring-gai Development Control Plan (Housekeeping Review – Amendment 6).
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(Moved: Councillors A. Taylor/Spencer)
A. That Council adopts the draft Ku-ring-gai Development Control Plan – Amendment 6 incorporating amendments as at Attachment A3 to this Report.
B. That Council’s adoption of the draft Ku-ring-gai Development Control Plan - Amendment 6 be notified on Council’s website in accordance with Clause 21(4) of the Environmental Planning and Assessment Regulation 2000.
C. That the draft Ku-ring-gai Development Control Plan – Amendment 6 comes into effect on the day that it is notified on Council’s website.
D. That people who made a submission be notified of Council’s resolution.
E. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft KDCP.
F. That investigation commence for a further amendment to the Ku-ring-gai Development Control Plan as a result of the recent State government housing policy changes.
G. That a report be brought back to Council on the Ku-ring-gai Development Control Plan Part 18R Greenweb Mapping update.
H. That an amendment to the Ku-ring-gai Local Environmental Plan 2015 to enable certain types of signage be investigated and reported back to Council.
CARRIED UNANIMOUSLY
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Post Exhibition - DCP - Site Specific Controls 4-10 Bridge Street Pymble and Amendments to Part 14G
File: S14308 Vide: GB.13
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For Council to consider submissions received during the public exhibition of the site-specific controls for 4-10 Bridge Street and amendments to Part 14G of the DCP.
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(Moved: Councillors A. Taylor/Spencer)
A. That Council adopt the Part 14G Pymble Business Park and Part18.R Greenweb Maps incorporating the amendments outlined in this report.
B. The amended Ku-ring-gai Development Control Plan is to come into effect on the day that it is notified on Council’s website in accordance with Clause 21 (4) of the Environmental Planning and Assessment Regulation 2000
C. That persons who made submissions be notified of Council’s decision.
CARRIED UNANIMOUSLY
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PROCEDURAL MOTION:
The following Notices of Motion:
· NM1: Affordable Housing Policy
· NM2: Getting the balance right on companion animal regulation
were deferred to the next ordinary meeting (16 April 2024) as the mover of the Motion was absent from the meeting. The Motion to defer these matters was moved by Councillor A. Taylor and Councillor Spencer and CARRIED UNANIMOUSLY.
Notice of Motion NM.3 - Australia's Housing Crisis, Minns' government higher density housing plans, and net immigration - was withdrawn following a request by the movers of the Motion, Councillor Lennon and Councillor G. Taylor.
PROCEDURAL MOTION:
The order of business was altered to allow item GB.4 – Arts and Culture Advisory Committee to be considered as a confidential matter after other business had been dealt with. This motion was moved by the Mayor, Councillor Ngai and Councillor Smith and CARRIED UNANIMOUSLY.
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Delivery Program 2022-2026 and Operational Plan 2023-2024: December 2023 Biannual report
File: FY00382/16 Vide: GB.6
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To report to Council on the progress of the Delivery Program 2022-2026 and Operational Plan 2023-2024, for the six-month period July to December 2023. |
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(Moved: Councillors Smith/A. Taylor)
That the report on the six-monthly progress review of the Delivery Program 2022-2026 and Operational Plan 2023-2024 for the period July to December 2023 be received and noted.
CARRIED UNANIMOUSLY |
Councillor Spencer departed from and returned to the Meeting during discussion on the following item.
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The Glade, Wahroonga - Landscape Masterplan
File: S13590 Vide: GB.12
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To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.
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(Moved: Councillors G. Taylor/A. Taylor)
A. Adopt The Glade Landscape Masterplan Report, February
2024. B. Prioritise the installation of a footpath along the
southern side of The Glade (street). C. Before installing LED field lighting on the playing
field, an independently contracted lighting study be brought back to Council,
clarifying the design complies with Australian Standard AS/NZ 4282:2019
(Control of the obtrusive effects of outdoor lighting). D. Upon the approval of this Masterplan, prioritise the planting out of all screening vegetation and ‘no mow’ zones. Noting, these areas should be designed:
· To minimise light pollution leaving the site and entering private property · To enhance and help preserve the locally indigenous Blue Gum High Forest ecosystem present on the site, and, ·
In accordance with principles of
Crime Prevention Through Environmental Design. E. Allow all screening and ‘no mow’ vegetation to be suitably established before any field lighting can be installed.
For the Resolution: The Mayor, Councillor Ngai, Councillors Lennon, Smith, Spencer, A. Taylor, G. Taylor, Ward and Wheatley
Against the Resolution: Councillor Pettett
CARRIED
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Councillor Smith departed from and returned to the Meeting during discussion on the following item.
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Youth Advisory Committee
File: S04477 Vide: NM.4
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Notice of Motion from Councillor Ngai dated 1 March 2024
I have been approached by Ku-ring-gai residents who want to contribute to Ku-ring-gai’s youth policies and offerings but feel that they have limited opportunities given their age.
They suggested that we look to see what other councils do in the youth advisory space. I found that 20 of the 33 other Sydney Metro councils had a Youth Advisory Committee or Council in place, and that it was typically comprised of youth from ages 12-25. (Refer to Attachment 1 for more information.)
It is my hope that we consult with successful councils and establish a forum by which Council can engage with young people on an ongoing basis. Establishing a Youth Advisory Committee can offer numerous benefits including fostering a more inclusive, representative and responsive local government. A Youth Advisory Committee will provide a platform for young people to actively participate in local decision-making voice their opinions, share perspectives, and contribute to policies that directly impact them. By encouraging civic engagement and community involvement among young people, it will strengthen the connection between local government and the youth population, building trust and a sense of ownership in community affairs.
This is an opportunity to harnesses the creativity and fresh perspectives of young people to generate innovative solutions to community challenges. Council will have the opportunity to integrate new and diverse ideas into the decision-making process, promoting a more dynamic and adaptable governance approach.
In particular, it will help to achieve the following elements of Ku-ring-gai’s Community Strategic Plan:
- C1.1 An empowered community where opportunities are provided for all voices to be heard and participation and engagement are encouraged. - C3.1 An equitable, inclusive and resilient community that cares and provides for its residents and embraces healthier lifestyles. - C4.1 Harmonious communities that understand, value and accept each other and embrace our evolving cultural identities
I move that:
A. Ku-ring-gai Council reach out to other Sydney Metro councils such as Ryde and Northern Beaches to understand how their Youth Advisory Committees / Councils operate and learn from best practice.
B. A report on lessons learnt, as well as recommendations for a Youth Advisory Committee Terms of Reference, be brought back by May 2024 Ordinary Meeting of Council.
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(Moved: Councillors Ngai/Ward)
That:
A.
Ku-ring-gai Council reach out to other
Sydney Metro councils such as Ryde and Northern Beaches to understand how
their Youth Advisory Committees / Councils operate and learn from best
practice. B. A report on lessons learnt, as well as recommendations for a Youth Advisory Committee Terms of Reference, be brought back by May 2024 Ordinary Meeting of Council.
CARRIED UNANIMOUSLY
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Solar Panels, Batteries and Electric Vehicle Chargers in Heritage Conservation Areas
File: S13127 Vide: QN.2
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Question from Councillor Sam Ngai dated 27 February 2024:
Sentiment in Ku-ring-gai has changed in recent decades, and we are now at a point where many residents want to play their part in achieving Ku-ring-gai’s goal of Net Zero by 2040.
In the last year I have had residents from Heritage Conservation Areas contact me, expressing their disappointment that they are unable to install solar panels, batteries, or electric vehicle chargers in certain configurations (e.g. North facing fixtures that are visible from the street). More recently these residents point to the irony of being able to build 6-9 storeys on their property under a future Low and Mid-Rise Housing SEPP, but being unable to install solar panels in a sensible orientation on their single storey home.
I understand that many of the restrictions come from Part 19 of the Ku-ring-gai Development Control Plan (DCP), but when I do a comparative study of neighbouring council DCPs I find that there is no consistency with the way in which these fixtures are controlled with respect to heritage conservation areas. In fact, Ku-ring-gai looks like an outlier and it appears as though the objective of heritage outweighs that of environmental sustainability.
I have two questions.
1. Can you please update the table below (or similar) to explain to residents what they can or cannot do in Ku-ring-gai?
Table – What residents
can or cannot do in a Heritage Conservation Area /
2. Can you please confirm whether the constraints from question 1 above come from a State law or standard, or whether it is within Ku-ring-gai’s power to change the restrictions by updating the DCP?
ReSPONSE:
Answered by Director Strategy & Environment
1. There is no formula for acceptable solar panels, beyond what state planning policy exempts for solar panels away from front roof planes. This is because alterations to sensitive locations and features require merit assessment.
Residents need to check the state policy for exempt locations and requirements for solar equipment. If proposed works are not exempt, residents need to apply to Council to find out if they can be approved – through a minor works or development application. Residents can also seek advice on appropriate solar works from a heritage consultant.
This is because the heritage impacts need to be assessed on a case-by-case basis to take into account different site circumstances. Council can approve solar panels in non-exempt locations in exceptional circumstances where the works have an acceptable heritage impact.
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Table – What residents can or cannot do in a Heritage Conservation Area/Heritage Item
Front solar panels are not generally supported by government policy or approved because of their heritage impact and because alternative locations with less impact are available. Front solar panels detract from the main building face, the most prominent roof feature and roofscapes visible from a distance along streetscapes. Visibility is not the only consideration, but also the impact on the roof fabric, form and features. The impact is cumulative when continued along streetscapes, eroding the integrity and presentation of historic areas. A recent Council staff survey of isolated examples confirmed this impact, shown below. This survey also confirmed the lesser impact of alternative solar panel locations.
2. Can you please confirm whether the constraints from question 1 above come from a State law or standard, or whether it is within Ku-ring-gai’s power to change the restrictions by updating the DCP?
The acceptable solar locations are determined by the state planning policy for exempt development – known as the State Environmental Planning Policy (Transport and Infrastructure) 2021. No DCP provisions can guide these works managed under a separate state policy without Council input or approval. Solar panels that do not comply with these state requirements are unlikely to have an acceptable heritage impact.
It would be possible to change the DCP to support front solar panels or works outside of these exempt locations. However, this is not recommended due to the resulting negative heritage impact that is inconsistent with the LEP objectives to conserve heritage items and conservation areas. The DCP provisions for solar panels have already been updated in the latest review to refer to the above planning policy.
Instead, the minor works or development application process is available for residents to seek Council approval for non-exempted works in exceptional circumstances where these may have an acceptable impact. The DCP provisions cover the typical circumstances, rather than the exceptional circumstances.
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PROCEDURAL MOTION:
Council resolved itself into Closed Meeting with all Public excluded to deal with the following item after a Motion moved by Councillors Smith and Ward was CARRIED UNANIMOUSLY.
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Arts and Culture Advisory Committee
File: S14328 Vide: GB.4
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To provide Council with recommendations for 15 community representatives to be appointed to the Arts and Culture Advisory Committee.
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MOTION: (Moved: Councillors Smith/Spencer) That Council consider and appoint the 15 applicants who
have been recommended by the selection panel to the Arts and Culture Advisory
Committee. AMENDMENT:
That Council:
A. Amend the terms of reference of the Arts and Culture Advisory Committee to include 16 community members. B. Appoint to the Committee the 15 applicants who had been recommended by the selection panel plus the addition of candidate 25.
The Amendment was put and declared CARRIED UNANIMOUSLY
The Amendment became the Motion.
The Motion was put and declared CARRIED UNANIMOUSLY.
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(Moved: Councillors G. Taylor/Ward)
That Council:
A.
Amend the terms of reference of the Arts and Culture Advisory Committee to include 16 community members. B. Appoint to the Committee the 15 applicants who had been recommended by the selection panel plus the addition of candidate 25.
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Open Council resumed
Motions of which due Notice has been given
Nil
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice
Nil
Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
Nil
The Meeting closed at 8:33PM
The Minutes of the Ordinary Meeting of Council held on 19 March 2024 (Pages 1 - 25) were confirmed as a full and accurate record of proceedings on 16 April 2024.
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General Manager Mayor / Chairperson