Agenda of Ordinary Meeting of Council - Tuesday, 16 April 2024

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 16 April 2024 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 AND ATTACHMENTS to be Considered in Closed Meeting

NOTE:

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

C.1 Lindfield Village Hub - Confidential Update

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

Attachment 1: LVH - FINAL Lindfield Hub Valuation Report

Attachment 2: LVH - Lindfield Library (Pacific Hwy) valuation letter of opinion

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 15

File: EM00043/2

Meeting held 19 March 2024

Minutes numbered 36 to 56

Minutes of Extraordinary Meeting 39

File: S02131

Meeting held 25 March 2024

Minutes numbered 57 to 59

minutes from the Mayor

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 Flood Risk Management Committee Meeting Minutes February 2024 44

File: S10746

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 13 February 2024.

Recommendation:

That Council receives and notes the Minutes of the Flood Risk Management Committee meeting held on 13 February 2024.

GB.2 Status of Women's Advisory Committee - draft updated submission form 51

File: S13683

To provide Council with a draft updated submission form for the Status of Women’s Advisory Committee.

Recommendation:

That Council consider and endorse the draft updated submission form for the Status of Women’s Advisory Committee.

GB.3 Investment Report as at 27 March 2024 56

File: FY00623/6

To present Council’s investment portfolio performance for March 2024.

Recommendation:

That the summary of investments performance for March 2024 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.4 2024 National General Assembly of Local Government - Proposed Motions 63

File: FY00581/9

To submit two motions for debate at the Australian Local Government Association (ALGA) National General Assembly 2024.

Recommendation:

That Council considers whether to submit the following motions to the motions to the Australian Local Government Association National General Assembly 2024:

A. Building community trust in the delivery of housing (Attachment A1)

B. Voluntary withholding tax on councillor allowances (Attachment A2)

GB.5 Council’s Submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services 69

File: FY00260/18

To advise Council of the Terms of Reference into the ability of local governments to fund infrastructure and services released by the NSW Parliament’s Standing Committee and to seek Council’s endorsement of a draft submission to the inquiry.

Recommendation:

That Council:

A. Prepare a submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services

B. Authorise the General Manager to prepare the submission consistent with the positions put forward in the report

C. Note the draft submission will be circulated to Councillors prior to submission to the Inquiry

GB.6 OLG Guidelines: Risk Management and Internal Audit for Local Government in NSW - Status Update 75

File: S08410-35

The purpose of this report is to provide an overview of Council’s progress towards achieving compliance against the Guidelines for Risk Management and Internal Audit for Local Government in NSW.

Recommendation:

It is recommended that the report be received noting that changes required under the Guidelines are currently being actioned to ensure full compliance by 1 July 2024.

Refer to the full text of the recommendation in the report.

GB.7 Resourcing Strategy 2024-2034, Delivery Program 2022-2026 and Operational Plan 2024-2025 129

File: FY00382/16

To obtain Council’s endorsement to place the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (incorporating the budget, capital works and fees and charges for 2024-2025) on public exhibition.

Recommendation:

That Council:

A. Endorse the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (including Fees and Charges 2024-2025) for public exhibition for 28 days

B. Note that a report will be provided to Council in June 2024 for further consideration of any submissions and adoption of the plans.

GB.8 Preparation of a Ku-ring-gai Reconciliation Action Plan 449

File: S13797

To seek Council’s endorsement to develop a draft Ku-ring-gai Reconciliation Action Plan.

Recommendation:

That Council support the preparation of a draft Ku-ring-gai Council Reconciliation Action Plan.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Affordable Housing Policy 467

File: S12139

Notice of Motion from Councillor Kay dated 29 February 2024

Ku-ring-gai Local Government Area is one of the least affordable residential areas in the Greater Sydney Metropolitan Region

The affordability of suitable housing is a critical issue for social sustainability, well-being and resilience of the local Ku-ring-gai community. Affordable housing provides an opportunity to reduce gaps in, and the displacement of, certain population groups in affluent areas. Affordable housing creates self-sufficiency on a local level by enabling local areas to have a mixed and growing population across age groups, genders, household types, and employment profiles. It is important to be able to age-in-place in suitable housing, to retain connections to our area if our life circumstances change, and to be able to sustain access to a variety of services without employees enduring unsustainable commuting times.

Ku-ring-gai’s Local Strategic Planning Statement (LSPS) (adopted in March 2020) identifies that providing affordable housing is important to retain and strengthen the local residential and business community by enabling local residents and workers to live within the area close to family, established networks and places of employment. The LSPS includes a short-term action to undertake a Housing Affordability Study to determine the profile of local residents and essential workers in need of affordable housing, and the appropriate mechanisms for viable provision. It also includes an action to investigate the development of an Affordable Housing Contributions Plan under Division 7.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) in the medium term.

The Ku-ring-gai Housing Strategy to 2036 (adopted December 2020) identifies the need to further investigate issues around housing affordability. It includes the action to prepare a Housing Affordability Study to determine the needs of residents and essential workers and mechanism to determine appropriate locations for viable provision.

The Local Housing Strategy endorsement letter from the Department of Planning and Environment dated 16 July 2021 requires Council to prepare an Affordable Housing Contribution Scheme that commits Council to examining the feasibility of levying affordable housing contributions for any new proposals that would result in development uplift or an increase in land value. It also asked for Council to develop a transparent and robust framework to consider opportunities including social and affordable housing contributions for ‘out of sequence’ development such as planning proposals.

On 14 December 2023 the NSW Government implemented affordable housing reforms to encourage private developers to boost affordable housing and deliver more housing. The reforms include a floor space ratio bonus of 20–30% and a height bonus of 20–30% for projects that include at least 10-15% of gross floor area as affordable housing. The height bonus only applies to residential flat buildings and shop-top housing.

In addition, the recently released Transport Oriented Development Program by the State Government requires 2% affordable housing contribution for developments in the Part 2 station precincts. This includes Roseville, Lindfield, Killara and Gordon in Ku-ring-ga. This could be an in-kind or monetary contribution.

At the Ordinary Meeting of Council on 20 February 2024 Council considered a report on draft submissions on the Transport Oriented Development Program and the Explanation of Intended Effects: Changes to Create low and mid-rise housing and resolved, in part:

E. That Council communicate to the NSW Government its willingness to provide for additional housing through a consultative planning process that delivers high quality urban outcomes and respects the built and natural environment.

Any future Council led up zonings or increases in housing densities present an opportunity to capture the provision of affordable housing to the benefit of the broader Ku-ring-gai community.

Many councils in the Sydney region already have affordable housing strategies and policies in place that proactively deliver affordable housing. This includes councils in more affluent area such as Willoughby, Waverly and the City of Sydney.

Ku-ring-gai Council needs to be in a position whereby it can accept affordable housing delivered as part of future increases in density, whether it be physical housing or via monetary contributions. Therefore, Council needs to put in place the appropriate policies and enabling mechanisms to ensure the delivery of affordable housing as well as the management strategies to ensure that any affordable housing that is provided meets the changing housing needs of our local residents and essential workers.

I, therefore, move that:

A. Council undertake a Housing Affordability Study to investigate the options for policies and enabling mechanisms to ensure the delivery and management of affordable housing in Ku-ring-gai. The study should include the following matters:

1. An Affordable Housing Needs Analysis to determine the nature and extent of housing affordability issues in Ku-ring-gai.

2. A review of current and upcoming affordable housing policy settings being pursued by the Federal and State Governments.

3. An analysis of options for the relevant models for delivery of affordable housing provision in the local council context, including case studies of other local councils.

4. Recommendations to set out the steps and processes that Council needs to undertake to implement an Affordable Housing Strategy and Contributions Scheme

5. A Draft Affordable Housing Policy to be prepared based on recommendations from Options Paper.

B. Council allocate $100K budget to undertake this work.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.2 Getting the balance right on companion animal regulation 470

File: CY00445/12

Notice of Motion from Councillor Kay dated 29 February 2024

While cats are valued companion animals for many people within Ku-ring-gai, they are also one of the world’s most successful predators. The impact of roaming cats on native fauna and cat welfare in Australia has been well documented.

Pet cats that are allowed to freely roam outside kill an estimated 527 million animals annually, the majority native. This equates to an average of 186 animals killed each year per free-roaming cat.¹

Native species in Ku-ring-gai are impacted by cats just as they are across Australia. In fact, with Ku-ring-gai’s extensive bushland urban interface and numerous native species including threatened species, Ku-ring-gai has a particularly significant responsibility to protect our native species and prevent cats impacting our ecosystems and biodiversity. With an increase in high density housing, such as that proposed under the NSW planning reform, the Ku-ring-gai Area will likely see an increase in cat ownership along with the associated impacts on native animals, particularly birds. For this reason, it is now more urgent than ever to get the balance right on companion animal regulation.

All cat owners have a responsibility to their cat, their community and the environment.

Preventing pet cats from freely roaming not only helps reduce the impact on local biodiversity from hunting, but helps protect pets from contracting diseases, reduces their risk of becoming injured or killed through fighting and accidents, prevents accidental breeding, increases the opportunity for owner-animal interaction, minimises transmission of diseases like the zoonoses toxoplasmosis and reduces disturbance caused to neighbours by roaming pets².

However, NSW local councils have limited powers to control roaming cats.

The NSW Companion Animals Act 1998 sets out the duties and responsibilities of pet owners. These are enforced at a local government level. However, the Act currently provides limited controls for the management of free-roaming pet cats by local government.

NSW local governments can prohibit the presence of cats in very specific circumstances, namely, prohibition from food and consumption areas and areas declared wildlife protection areas.

The Act does not allow local governments to regulate roaming cats generally.

Ku-ring-gai Council must support calls on the NSW State Government to introduce to Parliament amendments to the Companion Animals Act (1998) to enact Cat Containment regulations across New South Wales to better respond to the local risk levels, nuisance and noise issues, cat welfare and impacts on native fauna. Additionally, council should be an active voice, supporting other land managers across Australia in improving cat management and improving conservation outcomes.

I, therefore, move:

That Ku-ring-gai Council take an active stance, among other initiatives, to:

A. Amend the Companion Animals Act 1998 and associated Companion Animals Regulation 2018 to enable local governments to enforce the containment of pet cats in NSW. The introduction of these containment laws to include phase-in periods and community support and monitoring frameworks.

B. Streamline pet identification and registration processes into one process managed by Service NSW and accessible through self service functions within the Service NSW app.

C. Transition to mandatory desexing laws that align with existing state approaches in Western Australia, Tasmania, Australian Capital Territory, South Australia and Victoria.

D. Establish a $10 million, three-year state-wide grant program to support councils to implement domestic cat containment policies and associated responsible cat ownership programs. The program to include: identification and registration measures, large scale desexing and microchipping programs and effective education programs to support people to keep their cats contained.

E. Implement a state-wide 'Safe cat, safe wildlife' campaign that includes the development of a central, state-wide online platform, in consultation with councils, relevant agencies and animal welfare bodies to make responsible pet ownership information easily accessible.

¹RSPCA NSW, https://www.rspcansw.org.au/keeping-cats-safe/cat-lovers-2

²Legge, S, Woinarski, JCZ, Dickman, CR, Murphy BP, Woolley, LA & Calver, MC 2020, ‘We need to worry about Bella and Charlie: the impacts of pet cats on Australian wildlife’, Wildlife Research, vol. 47, pp. 523-539.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.3 Pennant Avenue Gordon - Former Gordon Bowling Club Site 472

File: S11955

Notice of Motion from Councillors Ward and G. Taylor dated 27 March 2024

At its meeting of December 12, 2023, Council considered a report on draft land use options for the former Gordon Bowling Club site at 4 Pennant Avenue, Gordon. At the time Council took a cautious approach given the policy uncertainty surrounding the TOD Program and the proposed Low and Mid-rise Housing SEPP. On consideration of the report Council resolved:

That Council receive and note the report on the draft land use options prepared for the former Gordon Bowling Club site at 4 Pennant Avenue, Gordon until there is more clarity in relation to the State Government’s recently announced Draft Housing SEPPs.

While there is still considerable uncertainty around the TOD Program and the proposed Low and Mid-rise Housing SEPP, it is unlikely that Council could ever justify disposal for redevelopment of all or part of this site given the number of dwellings and likely future residents that the State Government’s housing policy changes are likely to bring to Ku-ring-gai. What is being denied to the community in the short term, however, is access to the site for active and passive recreational opportunities on an interim basis. This is both unnecessary and unwarranted.

I, therefore, move that Council:

A. Continue with the remediation work necessary to remove or reduce the fence and reopen the walkway between the site and Bushlands Avenue, Gordon, in line with the approved Remedial Action Plan.

B. Carries out the necessary maintenance of this site to enable recreational use in line with the site contamination analysis, pending identification of longer term uses for the community.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.4 Former Gordon Bowling Club (4 Pennant Avenue, Gordon) 473

File: S11955

Notice of Motion from Councillor Lennon dated 27 March 2024

I move that Council:

A. Notes the report dated April 2022 on the Public Hearing Planning Proposal regarding the former Gordon Bowling Club site, being part of 4 Pennant Avenue, Gordon, confirming the need for recreational space on the west side of the Pacific Highway at Gordon.

B. Notes the most recent Recreational Needs Study for Ku-ring-gai, further confirming the need for recreational space on the west side of the Pacific Highway at Gordon.

C. Notes the state government’s housing proposals will add to the population pressures forced upon Gordon, Killara and other suburbs.

D. Retains the former bowling club at 4 Pennant Avenue Gordon as public open space and that an action be included in the 2024/2025 Operational Plan to prepare a masterplan for the site.

E. Urgently carries out the remediation work necessary to remove or reduce the fence and reopen the walkway between the site and Bushlands Avenue, Gordon.

F. Carries out the necessary maintenance of this site to enable recreational use, pending identification of longer term uses for the site.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.5 Low and Mid-Rise SEPP Community Forums 474

File: S14427

Notice of Motion from Councillor Kay dated 27 March 2024

Since the announcement by the State Government of the TOD Program and the Low and Mid-rise SEPP in mid-December 2023, Council has conducted an intensive program of information dissemination and community engagement in relation to these housing policy changes.

While Council’s public engagement so far has dealt with both the policies together, because of the urgency attached to the TOD Program, there has naturally been greater focus and community engagement on the TOD.

The impacts of the Low and Mid-rise SEPP are arguably greater than the impacts of the TOD program, particularly in relation to biodiversity, tree canopy loss, traffic congestion and strain on existing infrastructure such as stormwater.

There appears to be a significant gap in the appreciation of many residents of the full potential impacts of the Low and Mid-rise SEPP. To assist residents in understanding the potential implications of the SEPP, it is appropriate to continue and expand Council’s community engagement and information dissemination in areas of Ku-ring-gai outside the TOD stations.

I, therefore, move that Council conduct community forums in each of the Wards dealing specifically with the Low and Mid-rise SEPP.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.6 Preserving Open Space at Former Roseville Chase Bowling Club Site for Future Generations 475

File: S11890

Notice of Motion from Councillors Ngai and A. Taylor dated 27 March 2024

In the December OMC Council resolved:

“That Council receive and note the report on the draft land use option prepared for the former Roseville Chase Bowling Club site at 47 Warrane Road, Roseville Chase until there is more clarity in relation to the State Government.”

Since then it has become clear that the State Government intends to follow through with their new housing policies, and Council has also endorsed Ku-ring-gai’s Open Space Recreational Needs Study.

Ku-ring-gai will continue to fight the one-size-fits-all housing policies with all available resources, but the enormous pressure on housing will remain across the country regardless, and particularly in East Roseville as it is 'well-located'.

The Department of Planning’s Explanation of Intended Effect for the Low and Mid-Rise Housing SEPP, along with commentary from the Premier and the Minister of Planning, has made it clear that the SEPP will permit an extensive uplift of density across all of Ku-ring-gai except for North Turramurra and East Killara.

Correspondence from the Department and Council’s own analysis also indicates that Roseville Chase has been flagged as one of many centres for concentrated uplift, regardless of whether it is under the SEPP or under a revised LEP. This is largely because it is ‘well located’ – it has a neighbourhood centre and main road access within 30 minutes of the city by public transport.

On 19 March 2024, Council unanimously adopted Ku-ring-gai’s Open Space and Recreation Needs Study and committed to undertaking detailed studies for outdoor recreation spaces. The Study’s conclusions included that:

- Land is limited, constrained and expensive.

- Ku-ring-gai’s population is growing and more diverse.

- People need more spaces for informal recreation.

In particular, the study found that:

- The Southern Catchment of Ku-ring-gai was the most deficient in parks (0.3 hectares per 1,000 people) as compared to the Northern Catchment (0.5 hectares) and Eastern Catchment (1.5 hectares) (p. 5).

- An additional 48 hectares of parks are required by 2021, and a further 17 hectares by 2041 (p. 115).

It should also be noted that the study was prepared prior to the announcement of the State Government’s housing policies, when assumptions for population growth were much lower than current expectations. Any gaps and needs identified in the report will therefore be exacerbated by the increased growth.

A responsible Council of today must therefore consider this new information regarding the deficit of open space in lower Ku-ring-gai, existing and increasing pressure on housing in Ku-ring-gai and particularly ‘well-located’ East Roseville, and provide for the recreation needs of current and future residents. We therefore propose that the Council land at 47 Warrane Road, Roseville Chase be retained for existing and future public recreation needs.

We move:

That Council retains ownership of the whole of 47 Warrane Road Roseville Chase (Lot 33 DP 3285, Lot 34 DP3285, Lot 3 DP 26343, and Lot B DP403780), and the land be reclassified from ‘operational land’ back to ‘community land’ in accordance with Section 33 of the Local Government Act 1993.

Recommendation:

That the above Notice of Motion as printed be adopted.

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 Lindfield Village Hub - Confidential Update

File: S12165-4-6

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(c), 10A(2)(d)(i), 10A(2)(d)(ii) & 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

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

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

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

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

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

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

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

(iii) reveal a trade secret.

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

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a) is a substantial issue relating to a matter in which the Council is involved

(b) is clearly identified in the advice, and

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Acting General Manager.

David Marshall

ACTING General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 19 March 2024

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)

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

Apologies

File: S02194

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

Resolved:

(Moved: Councillors Ngai/A. Taylor)

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:

Memorandums:

Memorandum to Mayor, Councillors, Acting General Manager and Directors from Manager Governance and Corporate Strategy dated 19 March 2024 Re: Error in Minute Numbers from 12 December 2023 OMC

GB.11 Ku-ring-gai Development Control Plan

Post-Exhibition consideration of submissions

Memorandum to Mayor, Councillors and Acting
General Manager from Director Strategy &
Environment dated 12 March 2024 Re: Ku-ring-gai
Development Control Plan post exhibition
consideration of submissions - explanation of
amendments.

GB.12 The Glade, Wahroonga - Landscape Masterplan

Memorandum to Mayor, Councillors and Acting General Manager from Manager Urban & Heritage Planning dated 18 March 2024 Re: The Glade, Wahroonga – Landscape Masterplan

QN.2 Solar Panels, Batteries and Electric Vehicle
Chargers in Heritage Conservation Areas

Memorandum to Mayor, Councillors and Acting
General Manager from Manager Urban & Heritage
Planning dated 12 March 2024 Re: Solar Panels,
Batteries and Electric Vehicle Charges in heritage
conservation areas.

Late Reports:

MM.2 Housing Policy Updates (March 2024)

37 Confirmation of attachments to be considered in closed meeting

File: S02499/9

Vide:

Resolved:

(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
submissions

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

· Attachment 2: Confidential - Advice on Signage and Advertising issues

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: EM00041/11

Meeting held 12 December 2023

Minutes numbered 214 to 238

Resolved:

(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

Minutes of Ordinary Meeting of Council

File: EM00043/1

Meeting held 20 February 2024

Minutes numbered 06 to 35

Resolved:

(Moved: Councillors Spencer/Lennon)

That Minutes numbered 6 to 35 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

Vale Yolanda Lee Former Alderman and Deputy Mayor

File: CY00455/12

Vide: MM.1

On behalf of Council and the Ku-ring-gai community this Mayoral Minute pays tribute to much-loved former Alderman and Deputy Mayor Yolanda Lee, who passed away in January this year.

Yolanda was born in Pecs, a small university town in Hungary. In 1944, she boarded a migrant ship and moved to Australia, working as an assistant purser. With no English and in her early twenties, Yolanda was sent to a migrant camp in Bathurst before moving to Bourke.

Yolanda continued to live in regional towns such as Cobar where she worked as a clerk in a general store, and Lake Cargelligo where she owned and operated a dress store.

During this period Yolanda would make business trips to Sydney where she met an accountant named Alex. In 1955 Yolanda made the move to Sydney and married Alex. Yolanda went on to study accounting and the two opened an accounting practice in the city.

Yolanda, Alex and their son Warren lived in Wahroonga. It was here that Yolanda first began showing an interest in fostering a strong community identity within the area, and decided the best way for her to achieve this was through local government.

Yolanda was first elected Alderman for the Comenarra Ward in 1974 and continued on in this position until 1980.

In October 1978 Yolanda was elected Deputy Mayor with Alderman Richard Lennon as Mayor, and continued in her role as Deputy Mayor until the 1980 election.

During her tenure with Ku-ring-gai Council, Yolanda continued to push for greater community resources, and for ways to bring the community together. Her goal was for the people of Ku-ring-gai to have a sense of belonging to their community, and she worked tirelessly to achieve this.

Yolanda was a driving force behind a long list of new and upgraded community facilities including bike tracks, sporting fields and amenities buildings, tennis courts, the West Pymble swimming pool, the Scout Hall in Turramurra, and the Hillview Community Resource Centre, to name just a few.

To gain a greater understanding of Yolanda’s vision for Ku-ring-gai, we can turn to a newspaper article from The Advocate Courier dated 22 March 1978 titled A sense of belonging and take Yolanda’s own words within the text.

“When I moved to Ku-ring-gai I had no sense of identity with the community,” she said. “Ku-ring-gai people were categorised by this or that ‘old school tie’ and ‘family background’ tags, but not as people.

“Now that I am on Council, I hope to rectify this.

“Let me crystalise it by saying that we segregate people into drawers – senior citizens, returned service people, and so on.

“I want to bring the people of Ku-ring-gai together whatever label they wear.”

Our sincere condolences to Yolanda’s family at this difficult time. Yolanda will always be remembered for her dedication to the people of Ku-ring-gai and making the area a better place for all to live.

Resolved:

(Moved: The Mayor, Councillor Ngai)

A. That the Mayoral Minute be received and noted.

B. That we stand for a minute’s silence to honour Yolanda Lee

C. That the Mayor write to Yolanda Lee’s family and encloses a copy of the Mayoral Minute.

CARRIED UNANIMOUSLY

Housing Policy Updates (March 2024)

File: S14427

Vide: MM.2

This Mayoral Minute follows MM3 from the 20 February 2024 Ordinary Meeting of Council to provide an update (for noting) on local activity regarding the State Labor Government’s proposed housing policy.

A meeting was scheduled with Paul Scully MP (Minister for Planning) and staff from the Department of Planning, Housing and Infrastructure on 29 February, where the Mayor and council officers were in attendance. At this meeting, key points from the Minister and planning staff were that:

1. The Transport Oriented Development (‘TOD’) stations were based on robust modelling and had identified Roseville, Lindfield, Killara and Gordon as stations that could handle additional development within a 400m radius.

2. He was of the view that Local Government still had the power to assess 6-7 storey developments against Heritage Conservation controls, and that heritage controls were not being taken away. Council officers indicated that this was not their understanding of what is proposed.

3. Associated infrastructure could be funded from recently established Part 7 Housing and Productivity Contributions, although there was no commitment at this stage as to the criteria or quantum of funding.

4. While the TOD SEPP was said to be coming in April 2024, there was scope for a 6 month deferred commencement if Council can come up with an alternate LEP that matches or exceeds the dwelling targets. The Department will get back to Council to state what these targets are later in the week.

5. That under a new LEP, density could be shuffled from one station to another (e.g. Roseville to Lindfield, Killara to Gordon) however he will not allow a station to be entirely removed from the TOD program.

On 1 March, the Department contacted our Acting General Manager to inform him that:

1. Each of the four train stations had a 4,500 to 5,000 dwelling target.

2. If council were to propose the shuffling of density, it could be 4,000 in one centre and 6,000 in another. But the expectation was that each of the four stations will serve as a TOD centre.

3. While a deferred commencement could be offered, there was the expectation that some of the centres should still commence in April. I.e. there had to be imminent action.

In subsequent discussion with councillors and staff, there was limited appetite to implement a new LEP within 6 months because it would essentially cut out careful planning and community consultation, and was against the Department’s own guidelines for the timeframes to implement complex changes to an LEP.

It is my understanding that staff are preparing a report to explore next steps, and this will be considered at the next Meeting of Council.

Resolved:

(Moved: The Mayor, Councillor Ngai)

That Council notes and receives this Mayoral Minute.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Active Transport Reference Committee meeting minutes of 8 February 2024

File: S02696

Vide: GB.1

To consider the minutes from Active Transport Reference Committee (‘ATRC’) meeting held on 8 February 2024.

Resolved:

(Moved: Councillors A. Taylor/Spencer)

That Council receive and note the minutes from Active Transport Reference Committee (‘ATRC’) meeting held on 8 February 2024 and defer consideration of community consultation on 30km/h trial areas to allow preliminary consultation to be carried out with Transport for NSW on potential trial sites.

CARRIED UNANIMOUSLY

Heritage Reference Committee meeting minutes of 1 February 2024

File: CY00413/12

Vide: GB.2

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 1 February 2024.

Resolved:

(Moved: Councillors A. Taylor/Spencer)

That Council receive and note the HRC minutes from the meeting held on 1 February 2024.

CARRIED UNANIMOUSLY

2024 National General Assembly of Local Government - Revised deadline for Motions

File: FY00581/9

Vide: GB.5

To inform Councillors that the deadline to submit motions to the Australian Local Government Association (ALGA) 2024 National General Assembly of Local Government (NGA) has been extended.

Resolved:

(Moved: Councillors A. Taylor/Spencer)

That:

A. Councillors provide any proposed motions for the 2024 NGA to the General Manager by 28 March 2024.

B. A further report providing details of any proposed motions be referred to Council at its April meeting for approval prior to submission to the ALGA.

CARRIED UNANIMOUSLY

Investment Report as at 29 February 2024

File: FY00623/6

Vide: GB.7

To present Council’s investment portfolio performance for February 2024.

Resolved:

(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

Bench Seat – Mariana Cl, St Ives

File: S02135

Vide: GB.8

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.

Resolved:

(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

Draft Open Space & Recreation Needs Study - Post Exhibition

File: S13467

Vide: GB.9

To report back to Council the results of the public exhibition of the draft Open Space and Recreation Needs Study.

Resolved:

(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

Generic Plans of Management for adoption - General Community Use and Natural Areas

File: S06604/2

Vide: GB.10

To have Council adopt the Generic PoM – General Community Use & Natural Areas, dated May 2023 and November 2023 respectively.

Resolved:

(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

Ku-ring-gai Development Control Plan Post-Exhibition consideration of submissions

File: S13723

Vide: GB.11

For Council to consider submissions made to the exhibition of the draft Ku-ring-gai Development Control Plan (Housekeeping Review – Amendment 6).

Resolved:

(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

Post Exhibition - DCP - Site Specific Controls 4-10 Bridge Street Pymble and Amendments to Part 14G

File: S14308

Vide: GB.13

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.

Resolved:

(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

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.

Motion to protect and enhance the tree canopy in Ku-ring-gai

File: S12227

Vide: NM.5

Notice of Motion from Councillors A.Taylor, G.Taylor and Lennon dated 1 March 2024

Trees and vegetation are an important part of a healthy lifestyle and Ku-ring-gai’s cultural identity and are valued greatly by our community. Council is focused on protecting and enhancing the urban forest to ensure this unique character and established canopy cover is preserved and improved for future generations. This includes working with the community to protect trees and our canopy, including increased scrutiny of building works, monitoring any illegal tree removal and enforcing penalties and replacement orders.

Ku-ring-gai has a current canopy cover of 45% and an ambitious target for its tree canopy to grow to 49% by 2036. However, most of the trees in Ku-ring-gai stand on private land. Mature trees are protected by the Ku-ring-gai Development Control Plan (KDCP) through a ‘no net loss’ principle - development applications are assessed and modified to ensure that any trees requiring removal are replaced with similar species on site. Despite this policy Ku-ring-gai’s tree canopy continues to shrink.

We, therefore, move that Council reports back by May 2024 on the feasibility of:

A. Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development

B. Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land

C. A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That the above Notice of Motion as printed be adopted.

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.

Status of Women's Advisory Committee

File: S13683

Vide: GB.3

To provide Council with recommendations for 15 community representatives to participate in the Status of Women’s Advisory Committee.

Resolved:

(Moved: Councillors Wheatley/Ward)

A. That Council arranges a councillor briefing to discuss the selection criteria for Status of Women’s Advisory Committee.

B. That an updated submission form be developed for the Status of Women’s Advisory Committee, and staff report back to Council.

C. Following Council endorsement of the Status of Women’s Advisory Committee submission form, the 47 applicants be asked to complete the updated form, and staff report back to Council in May 2024 with recommendations for community members.

D. That the terms of reference be amended so that a councillor be nominated as Deputy Chairperson.

For the Resolution: The Mayor, Councillor Ngai, Councillors Lennon, Smith, Spencer, A. Taylor, G. Taylor, Ward and Wheatley

Against the Resolution: Councillor Pettett

CARRIED

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.

Delivery Program 2022-2026 and Operational Plan 2023-2024: December 2023 Biannual report

File: FY00382/16

Vide: GB.6

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.

Resolved:

(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.

The Glade, Wahroonga - Landscape Masterplan

File: S13590

Vide: GB.12

To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.

Resolved:

(Moved: Councillors G. Taylor/A. Taylor)

That Council:

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

Councillor Smith departed from and returned to the Meeting during discussion on the following item.

Youth Advisory Committee

File: S04477

Vide: NM.4

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.

Resolved:

(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

What is Council’s expected capacity in terms of visitors and parking spaces at the NTRA with the new NSFA grandstand and ancillary facilities?

File: EM00043/2

Vide: QN.1

QUESTION:

Question from Councillor Spencer dated 31 January 2024.

Material facts:

The material facts are as submitted by PDC Consultants in their correspondence to Councillors dated 23/01/2024 (see attached).

The Approved Current and Future Usage of North Turramurra Recreation Area (“NTRA”) Fields by Northern Suburbs Football Association (“NSFA”) at the time of approval of the DA (DA0484/21 – October 2022) for a new grandstand and ancillary facilities to be built was 166,700 persons.

The NSFA have consistently said to this Council and the Constituents of North Turramurra that there will be no increase of usage for the proposal of a new grandstand and ancillary facilities at the NTRA.

However, three Grant Applications have been put forth by NSFA to the NSW Office of Sport and the key details and quotations from which are:

1. GCRSFF-21/22-0047 states, among other things, that:

a. The NSFA have increased membership by 1,300 players this year [2021], taking the total membership to 18,153 with growing trends in female participation offerings. The region cannot continue to support this type of growth without investment in new and upgraded facilities.

b. The development of additional changeroom and toilet amenities will increase the number and type of facilities available to the community which will allow an increase in the capacity of the sporting venue. This will result in an increase of 30,000 participants per year as per the facilities usage document on a weekly basis and increase the capability to host events.

2. FFCSFLU-23/23-00067 states, among other things, that:

a. This project will achieve… “Increase in regular summer & winter sport participant users” and “Increase in regular summer & winter sport all ability participant users.”

b. Our project ensures all participants have access to safe and secure amenities which in turn will increase the venue’s capacity.

c. The NTRA does not have the supporting infrastructure to allow the sports fields to be used to capacity. Due to inadequate changeroom and toilet-facilities only two fields can be used concurrently for adults. The development will allow us to maximise usage of the sports fields and increase offerings such as training programs, come and try events, talented pathway programs and modified sport formats.

Table 1: Grant Application Visitation Summary

GRANT APPLICATION

DATE

EXISTING ANNUAL VISITS

PROPOSED ANNUAL VISITS

INCREASE

GCRSFF-21/22-0047

6/10/2021

78,569

110,548

+ 31,979

FFCSFLU-23/23-00067

22/11/2022

171,132

225,056

+ 53,924

It is clear from Table 1 and the extracts from the Grant Applications that there are significant discrepancies between the documentation that has been submitted to Council and the NSW Government by the Applicant with regards to DA0484/21 and the Grant Applications for construction of the proposals approved by DA0484/21.

As documented repeatedly in the DA Traffic Report, the DA did not include any material change in visitation apart from one new major event per year. This is entirely contradicted by the existing and proposed annual visits documented in the Grant Applications (Table 1) and the associated wording within them.

If increased visitation is now being sought by the Applicant, this would need to form part of a new application to Council as either a new DA or modification to the approved DA that properly assesses the impacts of the increased visitation, including but not limited to traffic, parking and safety impacts.

Further, site visits undertaken on 13 & 14 January 2024 raised several concerns from a traffic and parking perspective, for which around 40 vehicles were issued with infringement notices by Council Rangers. Photographs included as Attachment 1 show several instances of informal car parking on vegetated overflow areas and a lengthy queue of cars attempting to leave the site.

Note:

This concern is similar to the NSFA’s repeated suggestion that they had prior Owner’s Consent from this Council for their Grant Applications through the NSW Office of Sport when they did not.

In addition, serious traffic and parking issues at the NTRA during match days were documented on 13 and 14 January 2024.

Question(s):

1. Will the Acting General Manager provide clarifications to the following concerns:

a. What is existing and proposed annual visits for 2023?

b. What is the expected and proposed annual visits for 2024?

c. What is the approved capacity in terms of visitors and parking spaces at NTRA currently?

d. What is NSFA’s proposed capacity in terms of visitors and parking spaces at the NTRA with the new grandstand and ancillary facilities?

e. What is Council’s expected capacity in terms of visitors and parking spaces at the NTRA with the new grandstand and ancillary facilities?

2. Will the Acting General Manager provide the answers to the above questions either before or at the March 2024 Ordinary Meeting of Council?

RESPONSE:

Responses from the Acting General Manager, David Marshall:

1. Will the Acting General Manager provide clarifications to the following concerns:

a. What is existing and proposed annual visits for 2023?

Council does not record visits to the NTRA. However the approved DA0484/21 included the following NSFA schedule of typical weekly events showing current usage as part of the Revised Traffic and Parking Assessment Report dated 12 July 2021:

b. What is the expected and proposed annual visits for 2024?

See response to question 1a above.

c. What is the approved capacity in terms of visitors and parking spaces at NTRA currently?

There is not an approved capacity for visitor use of the existing facilities at NTRA. That is, there is no cap on visitor numbers.

There are approximately 270 car spaces at NTRA.

d. What is NSFA’s proposed capacity in terms of visitors and parking spaces at the NTRA with the new grandstand and ancillary facilities?

The approved DA0484/21 included the following NSFA schedule of typical weekly events for future usage as part of the Revised Traffic and Parking Assessment Report dated 12 July 2021:

There are approximately 270 car spaces at NTRA.

e. What is Council’s expected capacity in terms of visitors and parking spaces at the NTRA with the new grandstand and ancillary facilities?

Council expects that the operations would be in accordance with the approved DA0484/21 (refer above).

2. Will the Acting General Manager provide the answers to the above questions either before or at the March 2024 Ordinary Meeting of Council?

See responses above.

Solar Panels, Batteries and Electric Vehicle Chargers in Heritage Conservation Areas

File: S13127

Vide: QN.2

QUESTION:

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 /
Heritage Item

	Heritage Conservation Area	Heritage Item
Install Solar Panel out of sight
Install Solar Panel visible from street
Install EV Charger out of sight
Install EV Charger visible from street
Install Battery out of sight
Install Battery visible from street

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.

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.

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.

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.

56	Arts and Culture Advisory Committee File: S14328 Vide: GB.4
	To provide Council with recommendations for 15 community representatives to be appointed to the Arts and Culture Advisory Committee.
	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: (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. The Amendment was put and declared CARRIED UNANIMOUSLY The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (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. CARRIED UNANIMOUSLY

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.

__________________________ __________________________

General Manager Mayor / Chairperson

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
An aware community able to prepare and respond to the risk to life and property from emergency events.	Emergency Management Plans are developed and implemented, in partnership with emergency service agencies and key stakeholders.	Complete floodplain risk management study in consultation with Flood Risk Management Committee and investigate priority actions.

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C3.1: A community where opportunities are provided for all voices to be heard and where community stewardship, participation and engagement is supported and promoted. L3.1: The organisation is recognised and distinguished by its ethical decision making, efficient management, innovation and quality customer service.	C3.1.1 Enhance opportunities for social interaction to foster community participation, connectedness and a sense of pride in the community and local areas. L3.1.2: Council’s Governance framework is developed to ensure probity and transparency	C3.1.1.3: Resource and support volunteers by providing information, training and participation opportunities and recognising their contribution to the community. L3.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in accordance with relevant legislation, codes and guidelines.

Ordinary Meeting of Council - 16 April 2024	GB.5 / 1

Item GB.5	FY00260/18

new

Council’s Submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the Terms of Reference into the ability of local governments to fund infrastructure and services released by the NSW Parliament’s Standing Committee and to seek Council’s endorsement of a draft submission to the inquiry.

background:	The NSW Parliament’s Standing Committee on State Development has released terms of reference for an inquiry into the ability of local governments to fund infrastructure and services. Submissions to the inquiry close on 26 April 2024.

comments:	The terms of reference include consideration of several long-standing matters of central importance to local government. As part of this work the committee will inquire into the adequacy of past rate pegs to meet increasing costs to local government and consider alternative approaches to the rate peg and the operation and effectiveness of the special rate variation process.

recommendation:	That Council: A. Prepare a submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services B. Authorise the General Manager to prepare the submission consistent with the positions put forward in the report C. Note the draft submission will be circulated to Councillors prior to submission to the Inquiry.

Purpose of Report

Background

In January 2024, the NSW Government announced that IPART would undertake a review of the financial model for local government, including the resources currently available to councils, their capacity fund core council services and infrastructure, and ways to improve budgetary performance and accountability within the sector. This review was to follow changes made to the IPART rate peg methodology in 2023. Draft Terms of Reference were published and the final report was due by March 2025.

On 19 March 2024, IPART received a letter from the NSW Government withdrawing the review, and advising the matter would be considered via an inquiry by the NSW Parliament’s Standing Committee on State Development. Submissions close on 26 April 2024. It is expected that the committee will deliver its report ahead of the local government elections in September 2024.

Comments

That the Standing Committee on State Development inquire into and report on the ability of local governments to fund infrastructure and services, and in particular:

(a) the level of income councils require to adequately meet the needs of their communities

(b) examine if past rate pegs have matched increases in costs borne by local governments.

(c) current levels of service delivery and financial sustainability in local government, including the impact of cost shifting on service delivery and financial sustainability, and whether this has changed over time.

(d) assess the social and economic impacts of the rate peg in New South Wales for ratepayers, councils, and council staff over the last 20 years and compare with other jurisdictions.

(e) compare the rate peg as it currently exists to alternative approaches with regards to the outcomes for ratepayers, councils, and council staff

(f) review the operation of the special rate variation process and its effectiveness in providing the level of income Councils require to adequately meet the needs of their communities.

(g) any other related matters.

While the IPART Terms of Reference focused on broader issues of financial capacity and capability of local governments, the Inquiry will focus on the rate peg system and is expected to be completed in less than 6 months.

It is recommended that Ku-ring-Gai Council prepare a submission to the inquiry and put its case forward for a comprehensive review of local government funding to ensure long-term financial sustainability.

Ku-ring-gai Council is currently in a satisfactory financial position, but all councils across NSW face a range of significant challenges relating to the provision of services and infrastructure to local communities, delivery of statutory requirements, while maintaining financial sustainability and minimising the costs to ratepayers. Key issues include:

· Limited revenue streams and reliance on rates as the primary source of income makes it difficult to keep pace with rising costs of infrastructure and services and meet the growing needs of our community.

· While recent IPART reviews to the rate peg methodology should better reflect changes to council costs and reflect a population factor, past rate pegs have not kept pace with increasing operational costs, hindering Councils’ ability to invest in critical infrastructure and maintain service levels.

· Councils continue to bear the burden of cost-shifting from the Commonwealth and State governments. Ku-ring-gai Council estimates that it spends approximately $13 million annually on cost-shifted responsibilities that could otherwise be directed to infrastructure and community programs.

· While development contributions fund new community and social infrastructure assets required to accommodate population growth, it does not provide for the ongoing maintenance, operational costs or depreciation of new infrastructure. Currently, these expenses remain unrecovered, leading to a blend of reduced service quality and financial instability for councils in New South Wales (NSW).

· Limits on statutory fees and charges places additional pressure on council budgets. Without adjustments to account for rising costs, councils find it challenging to cover the expenses associated with service provision. Consequently, when shortfalls arise, councils have to bear these costs, resulting in certain services, like development applications, being subsidized by other ratepayers. Councils have limited influence over the determination of statutory fee amounts, which typically do not align with CPI increases or accurately reflect the actual cost of delivering the service.

· Many buildings, drains and other key assets in Ku-ring-gai and other LGAs were built decades ago. Over time, these assets have not received adequate upgrades or replacements as Councils are forced to prioritise limited resources. This has created a significant backlog in infrastructure maintenance and renewal, placing a financial burden on current and future generations.

· The current rating system based on unimproved land value presents challenges for councils dealing with changing demographics and development patterns. For example, the build-to-rent model disadvantages councils and increases inequality in applying rates. Large-scale rental developments pay minimum rates despite creating a higher demand for services. This creates an inequitable situation for existing ratepayers who are subsidising these developments.

· Under the Local Government Act and regulation, rate exemptions and subsidies are provided for Crown land, land owned by public transport and water corporations, religious bodies, schools, public hospitals and other landowners and occupiers. While delivering community benefits, many of these institutions benefit from services provided by local government and/or are undertaking commercial activities.

· The current Special Rate Variation process allows councils to apply for rate increases above the rate peg in exceptional circumstances. However, this process is administratively burdensome and becomes politicised.

Council’s submission would advocate for a comprehensive review of local government funding, and that this is necessary to ensure the long-term sustainability of local government and the essential services they provide. Suggestions may include:

· Considering opportunities to improve the rate peg methodology to ensure it provides a transparent and predictable approach to rates that considers the actual costs of inflation, cost-of-service adjustments and population growth on councils and ratepayers. This review should extend to alternative property valuation methods. We believe that capital improved value would lead to a fairer and more equitable rating system, particularly in urban areas with increasing medium and high-rise development resulting from NSW Government policy reforms.

· Consideration of a rate peg exemption model for councils that demonstrate an agreed level of performance and streamlining and simplification of the Special Rate Variation process.

· Addressing cost shifting is an urgent priority for all councils. A review of the regulatory and compliance burden imposed on NSW local governments and streamlining of high-cost, low-value regulations and reporting requirements would free up resources currently dedicated to administrative tasks, and allow councils to focus on service delivery. Better Regulation Statements (BRS) and Regulatory Impact Statements (RIS) undertaken for new and amended regulatory proposals should be strengthened to consider the impact on local government (where relevant). Consultation and formal agreements between the NSW Government and local councils to share the full cost of regulatory functions would help to minimise unnecessary financial burden on local government. Ku-ring-gai Council estimates that it spends approximately $13 million annually on cost-shifted responsibilities that could otherwise be directed to infrastructure and community programs. This is mainly for Contribution to Emergency Services Levy, Waste Levy, library subsidy, mandatory pensioner rebates (only 50% are funded by State government); regulatory /functions under the Companion Animals Act, DA regulatory functions.

· Introducing a regular review and/or indexation of statutory fees and charges to ensure that they are set at a level that allows councils to recover the cost of delivering the service, while considering social equity considerations. This would support financial sustainability and avoids burdening other ratepayers with the cost of subsidised services.

· Considering the important role of collaboration in delivering essential infrastructure projects that deliver state and local objectives. Enacting section 495 of the Local Government Amendment (Rates) Bill 2021 to allow for special rates to be levied for intergovernmental projects would support the delivery of critical infrastructure required to support population growth. This special rate should be permitted for services or infrastructure that benefit the community. Ku-ring-gai Council has one joint project with the Department of Education, St Ives Multi-Purpose Complex project that is assumed to be funded from an Intergovernmental special rate. Unfortunately, the Office of Local Government has not yet provided guidance on the timing for its implementation. Consequently, the Council is currently awaiting further clarification on this matter.

· Consideration of a clear definition and standardised methods for measuring efficiency in local government. This would enable councils to identify areas for improvement, optimise resource allocation for service delivery, provide transparency for ratepayers and support IPART in evaluating the merit of applications for special rate variations.

· Provide appropriate resourcing to the Office of Local Government (OLG) and deliver on the NSW Audit Office recommendations from May 2023 to develop and maintain a data management framework, sector support and compliance activities.

The submission will further explore these issues and proposed solutions, providing detailed data and evidence specific to Council’s experience.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A shared long-term vision for Ku-ring-gai underpins strategic collaboration, policy development and community engagement.

Council's responses to government policy and reforms are guided by and aligned with the adopted Community Strategic Plan 'Our Community Our Future 2030'.

Analyse and provide appropriate submissions to government proposals affecting the local government industry.

Governance Matters

Risk Management

Not applicable

Financial Considerations

Not applicable. Addressed in the Comments section of the report.

Social Considerations

Not applicable

Environmental Considerations

Not applicable

Community Consultation

Not applicable

Internal Consultation

None required

Summary

It is recommended that Council prepare a submission to the NSW Parliamentary Inquiry into local government funding for infrastructure and services. The inquiry itself is looking into whether past rate increases were sufficient to cover rising local government costs, alternative approaches to rate setting and how the special rate variation process works.

Recommendation:

A. Prepare a submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services

B. Authorise the General Manager to prepare the submission consistent with the positions put forward in this report

C. Note that the draft submission will be circulated to Councillors prior to submission to the Inquiry

Angela Apostol

Acting Director Corporate

Ann Wang

Acting Manager Finance

Christopher M Jones

Manager Governance & Corporate Strategy

Ordinary Meeting of Council - 16 April 2024	GB.6 / 1

Item GB.6	S08410-35

OLG Guidelines: Risk Management and Internal Audit for Local Government in NSW - Status Update

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to provide an overview of Council’s progress towards achieving compliance against the Guidelines for Risk Management and Internal Audit for Local Government in NSW.

background:	On 19 December 2022, the Office of Local Government (OLG) issued circular no. 22-41 advising that the Guidelines for Risk Management and Internal Audit for Local Government in NSW (the Guidelines) had been approved. A gap analysis was completed to determine Ku-ring-gai Council’s readiness for the required changes and a report on this matter was provided to the Audit Risk & Improvement Committee (ARIC) in March 2023. On 4 December 2023, the OLG issued circular no. 23-15 confirming that the Local Government (General) Regulation 2022 had been amended to give statutory force to key elements of the Guidelines.

comments:	Ku-ring-gai Council has already implemented many of the reforms sought by the Guidelines. An updated gap analysis has now been completed which identifies actions required to ensure full compliance by 1 July 2024 and a further report on this matter was provided to the ARIC in March 2024.

recommendation:	It is recommended that the report be received noting that changes required under the Guidelines are currently being actioned to ensure full compliance by 1 July 2024. Refer to the full text of the recommendation in the report.

Purpose of Report

The purpose of this report is to provide an overview of Council’s progress towards achieving compliance against the Guidelines for Risk Management and Internal Audit for Local Government in NSW.

Background

On 19 December 2022, the Office of Local Government (OLG) issued circular no. 22-41 advising that the Guidelines for Risk Management and Internal Audit for Local Government in NSW (the Guidelines) had been approved.

A gap analysis was then completed to determine Ku-ring-gai Council’s readiness for the required changes and a report on this matter was provided to the Audit Risk & Improvement Committee (ARIC) in March 2023.

On 4 December 2023, the OLG issued circular no. 23-15 confirming that the Local Government (General) Regulation 2022 had been amended to give statutory force to key elements of the Guidelines. A copy of the circular is provided in Attachment A1.

An overview of the key points provided in the circular is below:

- The Amendment Regulation commences on 1 July 2024 to give councils and joint organisations time to implement the new requirements.

- The Guidelines have been updated to reflect the Regulation amendments as drafted.

- The requirements prescribed under the Regulation are largely the same as those set out in the draft Guidelines issued in December 2022.

- Some minor modifications have been made for legal reasons, but these largely give effect to the same outcomes set out in the draft Guidelines issued in December 2022.

- An overview of the amendments and any modifications are set out in the attachment to the circular.

Councils must comply with the Guidelines from 1 July 2024. As of that date all Councils will be required to ensure their ARIC meets the requirements set out in the Guidelines and that they have a compliant risk management framework and internal audit function.

Comments

Ku-ring-gai Council has already implemented many of the reforms sought by the Guidelines.

Building on the work completed by the previous Head of Internal Audit, an updated gap analysis has now been completed which identifies actions required to ensure full compliance by 1 July 2024 (refer to Attachment A2). A snapshot is provided below.

· Audit Risk & Improvement Committee

- Membership: An expression of interest process for a second independent member who meets the eligibility criteria and independence requirements has commenced. In addition to this, Council must resolve whether to include a Councillor (excluding the Mayor) who meets eligibility criteria specified under the Guidelines as a non-voting member on the ARIC from 1 July 2024.

- Charter: A detailed comparison of Councils current ARIC Charter against the model Terms of Reference for ARIC’s as provided under the Guidelines has been completed (refer to Attachment A3) The model Terms of Reference have been modified to refer to Ku-ring-gai Council and some minor amendments to wording have been made based on consultation with the Head of Internal Audit and the ARIC Chair (refer to Attachment A4) During their meeting held on 21 March 2024, the ARIC resolved that this replaces the current ARIC Charter effective from 1 July 2024 and be referred to Council for determination of Councillor membership and adoption.

- Annual Agenda: Following consultation with the Head of Internal Audit and ARIC Chair the ARIC Annual Agenda has been updated and retitled ‘ARIC Workplan’ to reflect the revised requirements. Some minor adjustments have also been made to better reflect reporting responsibilities. During their meeting held on 21 March 2024, the ARIC adopted the ARIC Workplan which will become effective from 1 July 2024 (refer to Attachment A5)

· Risk Management

The development and refinement of all ERM framework documents (including Risk Management Policy, Enterprise Risk Management Strategy, Risk Appetite Statement and Risk Register) has now been completed. All documents have been approved by the GMD. The ARIC was briefed on this matter during their meeting held on 21 March 2024. A briefing session will now take place with Councillors on the ERM Framework, after which a report will be provided to Council prior to July 2024 recommending adoption of the revised Risk Management Policy and Risk Appetite Statement.

· Internal Audit

The Head of Internal Audit is currently reviewing the Internal Audit Charter and arrangements. The draft Charter was endorsed by the ARIC during their meeting held on 21 March 2024. A report will be provided to Council prior to July 2024 recommending adoption of the revised charter.

· Annual Attestation

An attestation will be developed based on the template provided in the Guidelines for inclusion in the 2024-25 Annual Report. The Head of Internal Audit will table a draft attestation for endorsement by the ARIC ahead of final sign off by the General Manager.

Councillor Membership on the ARIC

Under the Guidelines, Councils may appoint one councillor (excluding the Mayor) who meets the eligibility criteria as a non-voting member of the ARIC. Councillor members are non-voting to ensure that decision making by the committee is independent of the council.

Note: The OLG has confirmed that Councils may also appoint alternate Councillor member/s to act on behalf of the appointed Councillor member when they are unable to attend ARIC meetings.

The initial term of a councillor member of an ARIC is up to four years, coinciding with term of the council. The councillor member is to be appointed by the governing body at the first meeting of the council after the ordinary election. If appointed for four years, the councillor member’s term ends at the end of the council term. It is also open to Council to appoint the councillor member for a shorter period, say two years, to align with the Mayoral term.

To be eligible for appointment as a non-voting member of the ARIC, the Guidelines require that a councillor should demonstrate the following:

· an ability to read and understand financial statements and a capacity to understand the ethical requirements of government (including potential conflicts of interest)

· a good understanding of one or more of the following: risk management, performance management, human resources management, internal and external auditing, financial reporting, accounting, management control frameworks, internal financial controls, governance (including planning, reporting and oversight), or business operations

· a capacity to form independent judgements and willingness to constructively challenge/question management practices and information

· a professional, ethical approach to the exercise of their duties and the capacity to devote the necessary time and effort to the responsibilities of a councillor member of an audit, risk and improvement committee, and

· preparedness to undertake any training on the operation of audit, risk and improvement committees recommended by the chairperson based on their assessment of the skills, knowledge, and experience of the councillor member.

The responsibilities of a Councillor member of the ARIC are outlined in the draft ARIC Terms of Reference (refer to page 7 of Attachment A4).

Council should make a determination as to whether a Councillor will be included as a non-voting member, and if there will be alternate(s).

integrated planning and reporting

Leadership - L4: Good governance and management

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.

L4.1.1: Integrated risk

management, compliance and

internal control systems are in

place to identify, assess, monitor and manage risks throughout the organisation.

L4.1.1.1: Manage and coordinate a compliant and

effective Enterprise Risk Management system.

L4.1.1.2: Manage, coordinate, support and facilitate the effective operation of Council’s Internal Audit function.

Governance Matters

Guidelines have been provided by the Office of Local Government with compliance required by 1 July 2024.

Required actions to achieve full compliance have been identified.

Risk Management

The enterprise risk management framework has been reviewed to ensure alignment to the requirements set out in the guidelines.

Financial Considerations

There may be minor financial considerations required for recruiting a third ARIC member and establishing attestation frameworks.

Social Considerations

Nil

Environmental Considerations

Nil

Community Consultation

Nil

Consultation

There has been ongoing consultation with internal and external stakeholders, including the GMD, Head of Internal Audit and members of the ARIC.

Summary

Councils must comply with the Guidelines from 1 July 2024. As of that date all Councils will be required to ensure their Audit Risk and Improvement Committee meets the requirements set out in the Guidelines and that they have a compliant risk management framework and internal audit function.

Recommendation:

It is recommended that:

1. The report be received noting that changes required under the Guidelines are currently being actioned to ensure full compliance by 1 July 2024.

2. Council determine whether to include a Councillor (excluding the Mayor) and alternate(s) who meet the eligibility criteria specified under the Guidelines as a non-voting member on the ARIC from 1 July 2024.

3. The draft ARIC Terms of Reference as attached to this report (A4) replaces the current ARIC Charter effective from 1 July 2024 and be adopted subject to required updates relating to Councillor membership as referred to in recommendation (2) above.

4. Council notes the revised ARIC Annual Agenda (retitled ‘ARIC Workplan’) as attached to this report (A5) which will become effective from 1 July 2024.

Jennie Keato

Manager People and Culture

Attachments:	A1⇩	OLG Circular 4 December 2023_ Guidelines for Risk Management and Internal Audit in Local Councils	2024/034639
	A2⇩	OLG Guidelines_Gap Analysis & Action Plan FINAL DRAFT updated for Council report	2024/094664
	A3 ⇩	Detailed comparison of KRG ARIC Charter against OLG Model Terms of Reference for ARIC	2024/035007
	A4 ⇩	DRAFT Audit, Risk and Improvement Committee Terms of Reference (previously titled 'ARIC Charter')	2024/065850
	A5 ⇩	Audit, Risk and Improvement Committee Workplan (previously titled 'ARIC Annual Agenda')	2024/094684

Ordinary Meeting of Council - 16 April 2024	GB.7 / 1

Item GB.7	FY00382/16

Resourcing Strategy 2024-2034, Delivery Program 2022-2026 and Operational Plan 2024-2025

EXECUTIVE SUMMARY

purpose of report:	To obtain Council’s endorsement to place the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (incorporating the budget, capital works and fees and charges for 2024-2025) on public exhibition.

background:	Under the Local Government Act Council is required to have an annual Operational Plan adopted before the beginning of each financial year, and to review its adopted Delivery Program and Resourcing Strategy when preparing the plan.

comments:	The revised Resourcing Strategy includes the Long Term Financial Plan, Asset Management Strategy and the Workforce Management Strategy. All three components have been reviewed and updated. The revised Delivery Program details Council’s commitments during its term. The Operational Plan contains the services, projects and programs to be undertaken by Council during the year.

recommendation:	That Council: A. Endorse the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (including Fees and Charges 2024-2025) for public exhibition for 28 days B. Note that a report will be provided to Council in June 2024 for further consideration of any submissions and adoption of the plans.

Purpose of Report

Background

In 2022 Council adopted a new suite of strategic plans that form the Integrated Planning and Reporting (IP&R) framework under the Local Government Act 1993. These documents include:

· Community Strategic Plan – Ku-ring-gai 2032;

· Delivery Program & Operational Plan; and

· Resourcing Strategy.

Council is required to have an annual Operational Plan adopted before the beginning of each financial year, and to review its adopted Resourcing Strategy and Delivery Program when preparing the plan.

The Resourcing Strategy is the link between the long-term Community Strategic Plan and the Delivery Program and details how the strategic aspirations of Ku-ring-gai can be achieved in terms of time, money, people and assets. It is designed to be a living document to reflect changing financial and asset information. Initiatives within the Resourcing Strategy are reviewed annually to ensure relevance in the changing environment and to respond to any changes in Council’s Delivery Program.

The Resourcing Strategy includes a 10-year Long-term Financial Plan, 10-year Asset Management Strategy and 4-year Workforce Management Strategy.

Development of the revised Delivery Program and draft Operational Plan has been informed by the community’s long-term objectives contained in the Community Strategic Plan, Council policies and strategies, prioritisation of capital works projects, service delivery requirements, income from external sources and fees and charges.

Once endorsed by Council the combined Delivery Program and Operational Plan must be placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback.

It is proposed to exhibit the revised Resourcing Strategy for 28 days concurrently with the Delivery Program and Operational Plan to provide the community with information on Council’s proposed long-term funding of capital works, services, asset renewal and maintenance as well as workforce resourcing requirements.

Comments

Resourcing Strategy

All three components of the Resourcing Strategy have been reviewed to incorporate updated asset, financial and workforce information. As required by the Act and IP&R framework, Council’s revised Resourcing Strategy is comprised of the following:

· Long Term Financial Plan 2024-2034 (Attachment A1)

· Asset Management Strategy 2024–2034 (Attachment A2)

· Workforce Management Strategy 2023-2027 (Attachment A3)

Long-Term Financial Plan (LTFP)

The first section of the Resourcing Strategy is Council’s Long Term Financial Plan (LTFP). The LTFP is Council’s 10-year financial planning document with an emphasis on long-term financial sustainability. Financial sustainability is one of the key issues facing local government due to several contributing factors including cost shifting from other levels of government, ageing infrastructure and constraints on revenue growth. A financially sustainable Council is one that has the ability to fund on-going service delivery and renew and replace assets without imposing excessive debt or rate increases on future generations.

This is an important document, which will test the community aspirations and goals against financial realities. Contained in this plan are:

· projected income and expenditure, balance sheet and cash-flow statements;

· assumptions used to develop the plan;

· sensitivity analysis – highlight factors most likely to affect the plan;

· financial modelling for different scenarios;

· methods of monitoring financial performance.

Asset Management Strategy (AMS)

The second part of the Resourcing Strategy deals with asset management planning, in particular Council’s Asset Management Strategy (AMS).

The AMS is supported by Asset Management Plans for each asset class. Together, these documents and supporting data and systems (including asset registers and technical databases) make up Council’s Asset Management Framework.

The AMS 2024-2034 provides information on how Council’s asset portfolio supports the service delivery needs of the community both now and over the next 10 years. It has been revised to align with Councils updated LTFP. The capital expenditure figures and the required renewal costs have been included in the AMS to establish Council’s funding gap for infrastructure assets.

The Asset Management Improvement Plan, which is included in the AMS, has also been updated to reflect progression and allocate responsibilities.

Council’s Asset Management Policy, included with the AMS, provides an overarching policy statement for asset management. The policy is currently under review.

Asset Portfolio

As of 30 June 2023, Ku-ring-gai Council’s asset portfolio consists of a net carrying value over $2.6 billion of infrastructure, plant and equipment and land. Infrastructure assets include:

· roads and transport (roads, footpaths, kerb and gutters, car parks located at business; areas, road structure and street furniture, bridges);

· buildings (operational, community and commercial);

· stormwater drainage; and

· recreation facilities (sports fields, parks, bushland).

Workforce Management Strategy (WMS)

The third component of the Resourcing Strategy is the Workforce Management Strategy (WMS). An effective WMS establishes a framework for building the capability of our workforce to provide Council with the people best able to inform its strategic direction, develop innovative approaches to complex issues, and deliver appropriate services effectively and efficiently.

The WMS provides a link between service and strategic objectives and associated workforce implications. In addressing the human capital requirements for Council’s Delivery Program, the WMS spans four years.

The WMS has been revised to reflect current workforce statistics and policies.

Delivery Program and Operational Plan

Attachment A4 provides a copy of the Revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 incorporating the Budget, Capital Works Program and Statement of Revenue Policy. Attachment A5 provides a copy of the draft Fees and Charges for 2024-2025, which is exhibited in a separate document.

The revised Delivery Program contains Council’s key activities or term achievements along with an Operational Plan that identifies the tasks and actions to be undertaken by the Council during 2024-2025. The Operational Plan has been developed under the same six (6) themes contained in the Community Strategic Plan and includes:

· Community, People and Culture

· Natural Environment

· Places, Spaces and Infrastructure

· Access, Traffic and Transport

· Local Economy

· Leadership

Preparation of the combined Delivery Program and Operational Plan document was informed by the following:

· A review of Council’s term achievements (with no changes proposed);

· Preparation of one year tasks representing Council’s services, identified major capital projects, a capital works program, operational projects and one off actions proposed for the year;

· Actions to implement adopted Council policies and strategies;

· A review of performance measures, established base line data and targets.

Organisational performance will be measured through progress of term achievements, completion of one year tasks and performance indicators under each theme, developed to provide both qualitative and quantitative information to Council and the community.

New tasks 2024-25

The majority of tasks reflect ongoing services and multi-year projects and programs and have been carried over to the new operational plan. New 2024-2025 tasks listed below are proposed to address Council resolutions, changing organisational priorities and implications of the proposed government housing policies on council polices and plans.

Term achievement	Proposed new task	Responsible manager
C1.1.1: Innovative and effective community engagement that increases opportunities for participation by all members of the community	C1.1.1.5: Support and implement Council adopted actions arising from the Multicultural Advisory Committee, Arts and Culture Advisory Committee and Status of Women’s Advisory Committee. Comment: New task reflecting establishment of new committees in 2023-2024.	Manager Community Development
N3.1.1: The condition and quality of natural waterways and riparian areas have improved.	N3.1.1.3: Investigate opportunities for swimming in natural places in Ku-ring-gai in line with Sydney Water’s Urban Plunge initiative. Comment: New task reflecting councillor and organisational priorities.	Manager Environment & Sustainability
P1.1.1: Strategies, plans and processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character.	P1.1.1.3: Continue implementation of tree replacement orders and investigation of illegal tree works. Comment: New task reflecting operational priorities from March councillor workshop.	Manager Development Assessment Services
	P1.1.1.9 - Develop and implement a volunteer based Treecare program to assist in the protection, enhancement and monitoring of selected indigenous canopy trees in key locations. Comment: New task reflecting councillor and organisational priorities.	Manager Infrastructure Services
P3.1.2: Community confidence has continued in our assessment, regulatory and environmental processes.	P3.1.2.2: Review and improve development assessment processes to increase efficiency, improve decision times and deliver outcomes consistent with Council’s policies. Comment: New task reflecting operational priorities from March councillor workshop.	Manager Development Assessment Services
P6.1.1: A program is implemented to improve existing recreation, sporting and leisure facilities and deliver new multi-use sporting facilities and opportunities.	P6.1.1.13: Finalise design and commence Stage 2 construction upgrade works to park and surrounding streets at Robert Pymble Park. Comment: New task reflecting the next stage of works for Robert Pymble Park.	Manager Technical Services
P8.1.2: Programs for infrastructure and asset maintenance management are delivered in accordance with adopted Asset Management Strategy and Plans.	P8.1.2.5: Implement stormwater relining program to increase the useful life of pipes and reduce future maintenance costs. Comment: New task reflecting operational priorities from March councillor workshop.	Manager Technical Services
L4.1.5: Leading practice customer service is delivered to the community	L4.1.5.1: Improve the delivery of customer service through regular training, benchmarking and feedback. Comment: New task reflecting Councillor and organisational priorities.	Manager Corporate Communications

A notation has also been included for the following two tasks, which will need their scope and timeframe reviewed when further details of the NSW government’s housing policies are known:

· P2.1.1.1: Commence review of the implementation of the Local Strategic Planning Statement (LSPS).

· E1.1.2.1: Prepare the Employment Lands Strategy in accordance with Department of Planning, Industry and Environment (DPIE) guidelines.

Performance indicators

Performance indicators for term achievements in the Delivery Program were reviewed a part of the preparation of the revised Delivery Program. Minor editing and changes have been made to some indicators including increased baseline targets that reflect the positive upward trends in community usage and participation numbers across Council programs. A notation has also been included for the following performance indicators, which will need their baseline and target reviewed when further details of the NSW government’s housing policies are known:

· C2.1.1: Number of new dwellings approved in Ku-ring-gai

· P2.1.1: Number of actions completed as required by the Ku-ring-gai Local Strategic Planning Statement.

integrated planning and reporting

Theme 6 - Leadership

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1: A shared long-term vision underpins strategic collaboration and partnerships and builds leadership capacity.

L1.1.1: The priorities of our community, as reflected in the Community Strategic Plan, inform Council’s policy development, decision-making and program delivery.

L1.1.1.2: Develop and implement plans detailing how Council will deliver the Community Strategic Plan (including the Resourcing Strategy, Delivery Program and Operational Plan)

Governance Matters

Under the NSW Local Government Act and associated Integrated Planning & Reporting guidelines Council is required to prepare, exhibit and adopt a revised Delivery Program and new Operational Plan before 30 June 2024. The document must be placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback. Following exhibition, a report on submissions and any proposed changes will be presented back to Council’s Ordinary Meeting in June. The revised Resourcing Strategy will be placed on exhibition for 28 days concurrently with the Delivery Program and Operational Plan.

Risk Management

Council has a statutory obligation to review its Resourcing Strategy and Delivery Program and prepare an Operational Plan, for community feedback to be considered, and for the plans to be adopted before the end of the financial year.

Risk management has informed the review of the Resourcing Strategy.

Financial Considerations

The current financial position of Ku-ring-gai Council is satisfactory. The 2024/25 budget provides for an operating surplus of $13.6 million after allowing for the depreciation expense on Council’s large infrastructure assets portfolio. However, excluding capital grants and contributions, the underlying operating result shows a modest surplus of $50k.

While Council’s financial indicators are satisfactory, infrastructure asset indicators fall short. The primary challenge for the Council lies in achieving financial sustainability by funding the maintenance and renewal of the large portfolio of infrastructure assets in the long run.

Key assets such as buildings, footpaths, and drains were built decades ago and have not been adequately upgraded. There is now a greater emphasis on improving these assets and building new facilities to meet the needs of a growing population and changing expectations, especially due to recent government housing reforms. However, managing these assets poses a financial burden on both current and future generations, which has not been sufficiently funded over the lifecycle of the assets.

To deliver on key projects and increase expenditure on renewing aging core infrastructure such as buildings, footpaths and drains, additional rates revenue will be required. This has been modelled in the long-term financial plan via two scenarios for future increases to rates (possibly from 2026/27), which are outlined in more detail in that report. It should be noted that the scenarios are example options to initiate further consideration, are likely to change, and will require future decisions by Council and extensive consultation before settling on a way forward.

Some key issues in the budget are discussed below.

Funding our operations

Council’s budget forecasts annual operating surpluses (including capital income) that contribute to capital works, however changes in the economic environment mean that Council’s financial capacity in the coming years may decline and result in operating deficits without additional funding or adjustment to current operations and services. This is due to a range of factors, including:

· The Consumer Price Index has exceeded earlier long-term projections (inflation peaked at 6.6% in 2022). However, many of Council’s major expenses like energy costs, insurance, IT costs, contractors & general materials have increased by a range on 10-15%.

· Capped rates income not sufficient to cover increases in expenses. IPART announced the 2024/25 rate peg at 5.2%.

· Labour costs are projected to increase more than previously anticipated over the next decade. Labour costs allow for increases in Award rates, performance increases and additional superannuation guarantee contribution (from 9.5% to 12% by 2025/26 financial years)

· Depreciation: The annual depreciation expense (representing the loss of value of assets over time) has a significant impact on Council’s annual operating expenses. Over time with additional new assets and increases in the value of existing assets this cost will increase.

· Cost shifting by other levels of Government: Additional unfunded responsibilities on Council from the Emergency Services Levy (ESL).

o Effects of the 2022/23 increase in the ESL: Council’s net ESL contribution has increased from $2.66 million in 2022/23 to $4.35 million in 2023/24. The budgeted ESL for 2024/25 is $5.2 million

· Other increases in operational costs: Election expenses; new requirements for internal audits and increase in external auditors’ fees.

These factors will continue to strain Council budgets in the future, requiring a review and adjustments to Council’s funding strategy.

2024/25 Budget Summary

An overview of the budget in the revised Delivery Program and Operational Plan is provided below.

Operating Budget: The projected 2024/25 budget provides for an operating surplus of $13.6 million, factoring in the depreciation expense on Council’s assets portfolio of $2.6 billion of largely depreciable infrastructure assets. Excluding capital grants and contributions, the operating result shows a modest surplus of $50k. Achieving a modest, yet positive underlying operational result was challenging, as a deficit was initially projected. However, through a number of budget controls and cost containment initiatives Council effectively managed to control additional costs and avoid an operating deficit. Moving forward, continuous monitoring of the budget will be necessary to ensure that costs are contained and a surplus continues to be achieved. The operating surplus contributes to Council’s capital works program.

The following table provides Council’s income statement and comments on major budget variations between the projected 2024/25 budget and the original 2023/24 budget.

Capital Budget: In 2024/25 the capital works program is $57 million. A further $7.8 million is projected for operational projects. Details of the capital works program for 2024/25 can be found in the Capital Works Program and Operational Projects 2024/25 section of the DP & OP report.

Liquidity Position: Council’s long term financial plan and budget ensures that Council maintains sufficient liquidity and has the ability to meet short term obligations for the unrestricted activities of Council. This is demonstrated by the Unrestricted Current Ratio, for which the industry benchmark of greater than 1.5:1 is considered to be ‘Satisfactory’ and greater than 2:1 to be ‘Good’. Council’s budget maintains a ‘Satisfactory’ Unrestricted Current Ratio of 2.3:1 on average which is in line with the benchmark of 2:1.

Loan management: Council’s budget provides for loan capital repayments (interest and principal) of $4.6 million in 2024/25 and $4.5 million in 2025/26 reducing the outstanding debt to $20.9 million by the end of 2025/26. This includes the existing loans ($13.2 million) for the acquisition of Council’s investment property at 828 Pacific Highway, Gordon and $10.1 million to fund a component of the St Ives Indoor Sports Centre at the end of 2024/25. This loan is assumed to be repaid across 10 years from a proposed Intergovernmental Project Special Rate levy between 2026/27 to 2035/36. Council is still awaiting a decision on this special levy.

Development Contributions: Council collects s.7.11 contributions from developers to help pay for new infrastructure and facilities for the growing population of the area. Some of the works to be undertaken in the Development Contributions Plan cater for the existing population and these works require a co-contribution from Council’s general funds. For 2024/25 projected receipts of $11.5 million are anticipated. The funding allocated to works programmed to be undertaken over the next two years are shown below.

Rates and Rates Structure: Council’s total rates income is ‘pegged’ by the State Government and approval must be obtained for increases above this amount (known as Special Rates Variations). The Independent Pricing and Regulatory Tribunal (IPART) announced the 2024/25 rate peg as 5.2%. While this is higher than previous years, the peg is still insufficient to cover increased operational and labour costs in the current environment of high inflation and rising costs.

In the 2024/25 budget the projected rates income net of pensioner rebates is $78.9 million. This amount includes the permanent existing Special Rate Variations for Infrastructure and the Environmental Levies. The proposed rates restructure for 2024/25 is outlined in more detail further in the report.

The Ordinary General Residential and Business Rates, plus the special ‘Infrastructure – Primary Rate’ together represent the total notional rates income of Council excluding the rates received from the two special rate variations. The above rates structure divides this amount into the Ordinary Rates (59%) and ‘Infrastructure – Primary Rate’ (41%).

Under this rates structure, Council will grant a voluntary pensioner rebate (in addition to the Statutory Rebate) of 8.5% of the total Council rates and charges. This voluntary rebate will apply to pensioners who are eligible for the Statutory Rebate.

Funding Statement: A summary of Council’s Funding Statement for the next year is provided below.

Other Key Charges

Fees and charges schedule for 2024-25

Fees and charges have been reviewed to ensure closer alignment with increase in costs. This resulted in an increase in line with CPI for a variety of non-statutory fees as reflected in the Fees and Charges Schedule attached to this report.

Social Considerations

The revised Delivery Program and draft Operational Plan have been developed to progress, during this Council’s term, the long term objectives contained in the Community Strategic Plan and achieve social outcomes from Council’s term achievements.

Environmental Considerations

The revised Delivery Program and draft Operational Plan have been developed to progress, during this Council’s term, the long term objectives contained in the Community Strategic Plan and achieve environmental outcomes from Council’s term achievements.

Community Consultation

The revised Resourcing Strategy, revised Delivery Program and draft Operational Plan, including separate Fees and Charges, will be placed on public exhibition for a minimum period of 28 days, and during this period input from the community will be sought, considered and reported back to Council in June 2024.

Opportunities will be provided for community input as part of the public exhibition of the documents. This will include:

· Availability of the draft documents on Council’s website and community engagement portal with explanatory information

· Availability of the exhibition documents at all libraries and customer service centre

· An invitation to the community to make written submissions via website forms and/or email/mail to Council.

· Promotion of the exhibition via e-newsletters, social media posts, media releases and news item on Council’s website homepage

It is the responsibility of Council to consider all submissions made during the exhibition period, prior to adopting the plans and strategies.

Internal Consultation

Councillors have previously been briefed on legislative and Integrated Planning and Reporting requirements for all NSW Councils as well as preparation and review of all Integrated Planning & Reporting documents, including the Resourcing Strategy.

Councillors have been briefed on the budget parameters for 2024-2025 as well as challenges and opportunities affecting the financial, asset and workforce sustainability of Council and its ability to respond to identified long term priorities.

Consultation has taken place across the organisation in preparation of the revised Resourcing Strategy, revised Delivery Program and draft Operational Plan, including preparation of the budget and revenue policy, development of tasks and review of performance measures.

Summary

In 2022 Council adopted a new suite of strategic plans that form the Integrated Planning and Reporting (IP&R) framework under the Local Government Act, 1993. These documents include:

· Community Strategic Plan – Ku-ring-gai 2032;

· Delivery Program & Operational Plan; and

· Resourcing Strategy.

The adopted Resourcing Strategy and Delivery Program have been reviewed and a new Operational Plan developed for 2024-2025 in accordance with the Local Government Act.

The development of the revised Delivery Program and draft Operational Plan has been informed by the community’s long term objectives contained in the Community Strategic Plan, Council policies and strategies, prioritisation of capital works projects, service delivery standards, income from external sources and fees and charges.

As required by legislation these documents must be placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback. It is proposed to exhibit the revised Resourcing Strategy for 28 days concurrently with the Delivery Program and Operational Plan.

The draft documents are presented in a plain format for public exhibition. Following their endorsement by Council, further formatting and text refinements will be made and the documents published on Council’s website.

Recommendation:

That Council:

A. endorse the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (including Fees and Charges 2024-2025) for public exhibition for 28 days

B. note that a report will be provided to Council in June 2024 for further consideration of any submissions and adoption of the plans.

Helen Lowndes

Integrated Planning Coordinator

Christopher M Jones

Manager Governance & Corporate Strategy

Kim Thomas

Corporate Planner

Ann Wang

Acting Manager Finance

Attachments:	A1⇩	Draft Long Term Financial Plan 2024-25 to 2033-34	2024/105633
	A2⇩	Draft Asset Management Strategy 2024/25 - 2033/34	2024/105855
	A3⇩	Draft Workforce Management Strategy 2024/25 - 2027/28	2024/105805
	A4⇩	Draft Revised Delivery Program 2022-2026 and Draft Operational Plan 2024-2025	2024/106157
	A5⇩	Final Draft Fees & Charges 2024-2025	2024/087562

Ordinary Meeting of Council - 16 April 2024	GB.8 / 1

Item GB.8	S13797

Preparation of a
Ku-ring-gai Reconciliation Action Plan

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to develop a draft Ku-ring-gai Reconciliation Action Plan.

background:	The Ku-ring-gai Local Strategic Planning Statement, adopted 17 March 2020, includes Priorities and an associated Action to investigate the development of a Reconciliation Action Plan (RAP).

comments:	The RAP is a strategic document that will be supported by Council’s leaders, including Councillors and Senior Executive. It is developed in collaboration with Reconciliation Australia whose endorsement is required prior to its release. It seeks to encourage organisations to develop improved relationships and practices around the Aboriginal and Torres Strait Islander communities, including opportunities for their recruitment and procurement services, and the education of staff and community to improve cultural awareness. Council would prepare the base level Reflect Reconciliation Action Plan over a period of one year, with a further year to implement the deliverables stated therein.

recommendation:	That Council support the preparation of a draft Ku-ring-gai Council Reconciliation Action Plan.

Purpose of Report

To seek Council’s endorsement to develop a draft Ku-ring-gai Reconciliation Action Plan.

Background

The Ku-ring-gai Local Strategic Planning Statement, adopted 17 March 2020, includes a number of priorities and actions regarding Aboriginal communities and their cultural heritage. These are listed below, with the full excerpt at Attachment A1.

Ku-ring-gai Local Strategic Planning Statement

Ku-ring-gai Local Planning Priority

K15: Strengthening recognition and support for Aboriginal communities and cultural heritage.

K16: Protecting, conserving and managing Ku-ring-gai’s Aboriginal heritage objects, items and significant places.

Actions

• Investigate the opportunity with the MLALC for the development of an appropriate Reconciliation Action Plan (short-medium term).

Investigation into the preparation of a Reconciliation Action Plan (RAP) was delayed mainly due to COVID-19, and was recommenced in late 2023 with research and internal staff discussion.

The matter was reported to GMD in December 2023 where GMD resolved the following:

That GMD support the preparation of a report to Council seeking a resolution to develop a draft Ku-ring-gai Council Reconciliation Action Plan.

Comments

The process for developing a Reconciliation Action Plan is managed by Reconciliation Australia (RA). RA provides templates for the content and guides the process for the creation of the Reconciliation Action Plan. Their summary of the process may be seen at Attachment A2.

What is a Reconciliation Action Plan (RAP)?

· A RAP is a strategic document seeking to embed organisational actions regarding Aboriginal and Torres Strait Islander communities. It includes a set of directions endorsed by the organisation’s leaders (Councillors and Senior Executive).

· The RAP preparation process and implementation encourages organisations to:

- build respectful relationships with local Aboriginal and Torres Strait Islander communities;

- foster opportunities in supplier diversity through procurement pathways;

- enable improved Aboriginal and Torres Strait Islander recruitment;

- provide organisational cultural learning on Aboriginal and Torres Strait Islander peoples.

· The RAP is expected to be developed over a one year period in collaboration with Reconciliation Australia (RA). RA endorses the final RAP before it can become a public document and commence implementation of its directions. The RAP remains current for one year after release, with implementation of actions expected to be completed within that year.

· The RAP is expected to involve and have the support of Council’s GM, executive leadership staff and Councillors. The Foreword of the RAP is to include a statement of endorsement from the GM and/or Mayor.

· The final RAP:

- includes a current snapshot of the Council, its demographics and activities, including any relating to Aboriginal and Torres Strait Islander people; and

- proposes actions and deliverables for the one year that the RAP comes into effect. These are embedded in Council’s Delivery and Operational Plan to facilitate delivery of the improved reconciliation measures.

Four levels of RAPs

RA has four levels of RAPs as follows:

1. Reflect RAP

- sets out vision and steps to prepare the organisation for initiatives in future RAPs.

2. Innovate RAP

- outlines actions to implement/achieve the organisation’s vision for reconciliation.

3. Stretch RAP

- development of long-term strategies and defined measurable targets/goals.

4. Elevate RAP

- initiatives to create societal change through empowerment.

Organisations such as councils are expected to commence with the Reflect RAP and progress up the levels as they develop deeper relationships and initiatives. Organisations can also remain within the same level and update their commitments year to year.

The Reflect RAP is the most appropriate for Ku-ring-gai Council as it designed for organisations that:

· are new to reconciliation;

· have limited/poor relationships with Aboriginal and Torres Strait Islander stakeholders;

· need time to engage their whole organisation in reconciliation and gain senior leaders’ support;

· do not yet have an existing working group and structured plan to drive reconciliation; and

· are unsure who their Aboriginal and Torres Strait Islander staff and external stakeholders are.

NSW Councils that have implemented a RAP are listed in the below Table:

NSW Local Councils – Reconciliation Action Plans
Type of RAP	Council	Implementation Timeframe
REFLECT
	Willoughby City Council	February 2024 - February 2025
	Berrigan Shire Council	November 2023 – November 2024
	Liverpool City Council	September 2023 – September 2024
	City of Canada Bay	June 2023 – June 2024
	Shellharbour City Council	June 2023 – June 2024
	Snowy Valley Council	July 2022 – June 2023
	Woollahra Council	July 2022 – June 2023
	Bayside Council	February 2022 – August 2023
INNOVATE
	Inner West Council	July 2023 – July 2025
	Wagga Wagga City Council	December 2022 – December 2024
	Lismore City Council	July 2022 – July 2024
	Albury City Council	June 2022- June 2024
	Rous County Council	July 2021 to July 2023
	Lane Cove Council	August 2016 to June 2018
STRETCH
	City of Sydney	November 2020 - November 2023
ELEVATE
	NONE

Content of a Reflect RAP

The typical content of the Reflect RAP includes:

1. Traditional custodian acknowledgement.

2. Mayor foreword.

3. GM message.

4. Council’s profile – demographics, geography and history.

5. RAP Vision - why do a RAP and what we aim to achieve through it.

6. Process of RAP preparation – working group with cross-Council representation, events and engagement of staff, Councillors, community and Aboriginal and Torres Strait Islander stakeholders.

7. Council’s current and historical programs/projects/initiatives/achievements in the Aboriginal and Torres islander arena.

8. One year RAP actions/deliverables/timing/monitoring under 4 pillars of relationships, respect, opportunity, governance.

Note: These Reflect RAPs are illustrated with excerpts of a specially commissioned artwork reflecting the nature of the local Country. The original work is typically displayed in Council’s Chambers or foyer area to publicly show Council’s commitment to reconciliation.

Preparation of the RAP

Working Group

The RAP will be developed by a working group with Urban and Heritage Planning undertaking Secretariat and coordination duties. The working group will involve relevant staff across Council.

GMD

The progress of the RAP will be reported at key stages to GMD for final decision making and to ensure good governance around decisions.

Councillors

Mayor and Councillor support is key. An OMC report and resolution is required to formally commence the process. Council’s resolution to create a Reflect RAP will provide a formal, appropriate and accredited approach to reconciliation and publicly recognise Council’s commitment.

Regular briefings and involvement of the Councillors will be central to the process; for example, in any closed smoking and walking Country events, and any larger community engagement events.

A final draft RAP will be reported to Council for adoption prior to its submission to Reconciliation Australia.

Timing

The preparation of a RAP requires a total of two years staff commitment. One year to prepare the RAP from the date of registration with Reconciliation Australia, and one year to deliver on the commitments included in the RAP. Any pre-registration work would be additional time for research and organisation prior to the clock ticking on RA’s timeframe.

Costs

Funding will be required for the preparation of the RAP including for:

· Registration with RA - $1500 + GST.

· RAP events including Metro LALC to deliver ceremonies – to be determined.

· RAP events involving the wider community – to be determined.

· Engagement and publicity materials – to be determined.

· Commission of the RAP artwork – to be determined.

Events

Council’s RAP will record key events that foster relationships with Aboriginal and Torres Islander groups, and that engage the wider community to improve awareness and cultural sensitivity.

Events that show Council’s engagement in this space during 2024 will include events run as part of Sorry Day in May, National Reconciliation Week in June and NAIDOC Week in July.

These events will comprise activities such as the Walangari Karntawarra Sand Painting at Lindfield Village Green; a guided walk, presentation and artefacts display by the Aboriginal Heritage Office at Ku-ring-gai Wildflower Garden; creative and wellbeing workshops, partnered with the Gai-mariagal Group and Northern Sydney Regional Councils, held at the St Ives Youth Hub.

integrated planning and reporting

Leadership

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A shared long –term vision underpins strategic collaboration and partnerships and builds leadership capacity.

L1.1.1; The priorities of our community as reflected in the community strategic plan inform Councils policy development, decision -making and program delivery

Develop and implement plans detailing how Council will deliver the community strategic plan.

Governance Matters

As part of Council’s Local Strategic Planning Statement Council has committed to investigate the preparation of a Reconciliation Action plan to help meet objectives under Liveability – Aboriginal Communities and Cultural Heritage. These include the following planning priorities:

· K15: Strengthening recognition and support for Aboriginal communities and cultural heritage.

· K16: Protecting, conserving and managing Ku-ring-gai’s Aboriginal heritage objects, items and significant places.

The development of a RAP will require a governance structure for decision making and a process for the endorsement of the commitments made therein. This will likely be via the GMD and Council resolutions.

Risk Management

The Ku-ring-gai Local Strategic Planning Statement, adopted 17 March 2020, includes an Action to investigate the preparation of a Reconciliation Action Plan. Work on this was delayed mainly due to challenges during the years experiencing Covid-19 restrictions. Failure to address this Action may result in a reputational risk, particularly in the sensitive area of Aboriginal and Torres Islander affairs.

Financial Considerations

Funding will be required for the preparation of the RAP including for:

· Registration with RA - $1500 + GST.

· RAP events including Metro LALC to deliver ceremonies – to be determined.

· RAP events involving the wider community – to be determined.

· Engagement and publicity materials – to be determined.

· Commission of the RAP artwork – to be determined.

Social Considerations

The development and implementation of a RAP will formally acknowledge the value of Aboriginal and Torres islander communities, their fundamental connection to Country, and the nature of their living cultural heritage associated with the land.

Improved awareness in the general community, through events and training, will assist in integrating Aboriginal cultural values into the mainstream.

Environmental Considerations

Underpinning the majority of Aboriginal cultural practices is the care of Country and connection to the land. As such, many of the practices, including those that will be showcased in the events that Council will deliver, are sustainable, support positive environmental outcomes and ensure minimal impacts on the land.

Community Consultation

There is no requirement to exhibit the RAP; however, the draft RAP will be publicly available when reported back to Council prior to finalisation.

The community will be encouraged to participate in the multiple events during the RAP preparation process, and where the implementation of the RAP requires their input.

Internal Consultation

Discussions have been held across Council to understand the multiple programs being run in this space. The RAP will be a means to pull together the many items under the one umbrella and present a consistent, coordinated approach.

Summary

The Ku-ring-gai Local Strategic Planning Statement, adopted 17 March 2020, includes Priorities and an associated Action to investigate the development of a Reconciliation Action Plan (RAP).

The RAP is a strategic document supported by Council’s leaders, including Councillors and GM. It is developed in collaboration with Reconciliation Australia whose endorsement is required prior to its release.

It seeks to encourage organisations to develop improved relationships and practices around the Aboriginal and Torres Strait Islander communities, including opportunities for their recruitment and procurement services, and the education of staff and community to improve cultural awareness.

Council would prepare the base level Reflect Reconciliation Action Plan over a period of one year, with a further year to implement the deliverables stated therein.

The preparation one year period would record and carry out functions that lay the groundwork to support the preparation of the RAP, and to aid the delivery of the Actions and Deliverables contained therein.

Recommendation:

A. That Council endorse the preparation of a draft Ku-ring-gai Council Reconciliation Action Plan.

B. That the final draft Ku-ring-gai Reconciliation Action Plan be reported to Council prior to submission to Reconciliation Australia for finalisation.

Rathna Rana

Senior Urban Planner

Antony Fabbro

Manager Urban & Heritage Planning

Craige Wyse

Team Leader Urban Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Excerpt from Ku-ring-gai Local Strategic Planning Statement - Priorities and Actions - Aboriginal Communities and Cultural Heritage		2023/391829
	A2⇩	Summary of processes for developing a Reconciliation Action Plan		2023/392420

Ordinary Meeting of Council - 16 April 2024	GB.1 / 1

Item GB.1	S10746

Ordinary Meeting of Council - 16 April 2024	GB.2 / 1

Item GB.2	S13683

Ordinary Meeting of Council - 16 April 2024	GB.3 / 1

Item GB.3	FY00623/6
	28 March 2024

Ordinary Meeting of Council - 16 April 2024	GB.4 / 1

Item GB.4	FY00581/9
	6 March 2024

Attachments:	A1⇩	Building Community Trust in the Delivery of Housing		2024/099619
	A2 ⇩	Voluntary Withholding Tax on Councillor Allowances		2024/099616

Ordinary Meeting of Council - 16 April 2024	NM.1 / 1

Item NM.1	S12139

Ordinary Meeting of Council - 16 April 2024	NM.2 / 1

Item NM.2	CY00445/12

Ordinary Meeting of Council - 16 April 2024	NM.3 / 1

Item NM.3	S11955

Ordinary Meeting of Council - 16 April 2024	NM.4 / 1

Item NM.4	S11955

Ordinary Meeting of Council - 16 April 2024	NM.5 / 1

Item NM.5	S14427

Ordinary Meeting of Council - 16 April 2024	NM.6 / 1

Item NM.6	S11890