Minute                                            Ku-ring-gai Council                                                Page

 

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 16 July 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 C Kay & M Smith (St Ives Ward)

Councillors C Spencer & K Wheatley (Wahroonga Ward)

 

 

Staff Present:

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)

Acting Senior Governance Officer (Nicole Kratochvil)

 

 

 

The Meeting commenced at 7:00PM

 

The Mayor offered the Acknowledgement of Country and Prayer.

 

 

Apologies

 

File: S02194

 

Nil

 

 

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.

 

Cr A.Taylor declared a non-significant, non-pecuniary interest in GB.3 – Ku-ring-gai Council Sponsorship 2024-2025 due to his involvement in Ku-ring-gai Rotary. Cr A.Taylor will remain in Chambers during debate on this item.

 

Cr A.Taylor declared a non-significant, non-pecuniary interest in GB.4 – Status of Women's Advisory Committee due to his involvement in an organisation managed by a candidate for the Committee. Cr A.Taylor will remain in Chambers during debate on this item.

 

Cr S. Lennon declared a non-significant non-pecuniary interest in GB.1 – Heritage Reference Committee meeting minutes of 6 June 2024 & 2024-25 Heritage Home Grants Allocation due to his involvement in the Eryldene Trust.

 

Cr C.Kay declared a non-significant, non-pecuniary interest in GB.3 – Ku-ring-gai Council Sponsorship 2024-2025 due to her involvement in the St Ives Food and Wine Festival. Councillor C.Kay will leave Chambers during debate on this item.

 

Cr B.Ward declared a non-significant, non-pecuniary interest in GB.3 – Ku-ring-gai Council Sponsorship 2024-2025 due to her involvement in Ku-ring-gai Rotary and will remain in Chambers during debate on this item.

 

Mayor S.Ngai declared a non-significant, non-pecuniary interest in GB.1 – Heritage Reference Committee meeting minutes of 6 June 2024 & 2024-25 Heritage Home Grants Allocation due to a personal connection with one of the applicants. Mayor S.Ngai will leave Chambers during debate on this item.

 

Mayor S.Ngai declared a non-significant, non-pecuniary interest in GB.3 – Ku-ring-gai Council Sponsorship 2024-2025 as he has been made Honorary member of Ku-ring-gai Rotary Club and will remain in Chambers during debate on this item.

 

DOCUMENTS CIRCULATED TO COUNCILLORS

 

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

 

Late Items:

MM.2 - Significant Sporting Achievements by Members of the Ku-ring-gai Community
Report by Mayor Ngai dated 15 July 2024.

MM.3 - Housing Policy Updates (July 2024)
Report by Mayor Ngai dated 15 July 2024 with attachments.

Memorandums:

 

1.      Memorandum to Mayor, Councillors, General Manager and Directors from Director Community dated 15 July 2024 Re: Questions taken on notice, asked by Councillor Kay, at the 18 June 2024 Ordinary Meeting of Council.

2.      Memorandum to Councillors, Directors, Office of the Mayor and General Manager from Manager Governance and Corporate Strategy dated 16 July 2024 Re: LGNSW Annual Conference - Call for Motions.

3.      Memorandum to Mayor, Councillors, General Manager and Directors from Director Community dated 16 July 2024 Re: Status of Women’s Advisory Committee.

 

 

137

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

 

Resolved:

(Moved: Councillors Smith/Ward)

  

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:

GB.2 EOI23-2024 - Panel of Code of Conduct Reviewers

 

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

 

Attachments 1 to 11

 

GB.3 Ku-ring-gai Council Sponsorship 2024-2025

 

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

 

Attachments 1 to 19

 

GB.4 Status of Women's Advisory Committee

 

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

 

Attachment 1: Women’s Advisory Committee Submissions

 

Attachment 2: Women’s Advisory Committee selection report

 

Attachment 3: Status of Women's Advisory Committee Assessment
                          Methodology

 

CARRIED UNANIMOUSLY

 

 

CONFIRMATION OF MINUTEs

 

138

Minutes of Extraordinary Meeting of Council

File: S02131

 

Meeting held 4 June 2024

Minutes numbered 111 to 113

 

 

Resolved:

 

(Moved: Councillors Wheatley/Lennon)

 

 

That Minutes numbered 111 to 113 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

 

CARRIED UNANIMOUSLY

 

 

139

Minutes of Ordinary Meeting of Council

File: S02131

 

Meeting held 18 June 2024

Minutes numbered 114 to 136

 

 

Resolved:

 

(Moved: Councillors Wheatley/Lennon)

 

 

That Minutes numbered 114 to 136 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

 

140

Vale Don Brew

 

File: CY00455/12

Vide: MM.1

 

 

It is my sad duty to inform my Council colleagues and the Ku-ring-gai community of the passing of Don Brew, a noted campaigner for the protection of local heritage and environment.

 

Don Brew was born in 1935 and was a lifelong resident of Ku-ring-gai, residing for over 30 years in Wahroonga with wife Desley.

 

Following his retirement as a professional engineer Don became interested in the conservation of Ku-ring-gai’s built and environmental heritage.

 

He was a notable founding member of grassroots community organisations such as the Burns, Braeside and Kintore Avenues Wahroonga Group (BBK); the North Turramurra Action Group (NTAG) and the West Pymble Action Group.

 

Don Brew helped set up the Ku-ring-gai Community Shed as a way of getting male residents engaged with each other and the local community through woodworking and other hands-on projects. He was also a longstanding member of the Friends of Ku-ring-gai Environment Inc. (FOKE).

 

During the late 1990s Don provided valuable input to help develop the Ku-ring-gai Council Residential Development Local Environment Plan between 1999 and 2001.

 

As President of BBK between 2000 and 2005, Don became a passionate advocate for preserving Wahroonga’s heritage. His advocacy helped the Council create the Wahroonga Heritage Conservation Area.

 

This meant legal protection of heritage items such as Craignairn’ by architect Howard Joseland, on the corner of Burns Road and Cleveland Street Wahroonga.  ‘Craignairn’ faced multiple development proposals including a proposal for 21 apartments. In 2002, Ku-ring-gai Council took on a legal challenge at the Land and Environment Court to protect the property and won.

 

Don also led the BBK campaign to protect endangered Blue Gum High Forest contained within the grounds of the heritage property of ‘Rippon Grange’, designed by renowned architect John Sulman and Howard Joseland.

 

Other campaigns Don was involved in were to protect the Holy Cross site in Burns Road Wahroonga, 14-18 Coonanbarra Road Wahroonga and heritage homes along the Pacific Highway at Wahroonga.

 

In 2011 Don Brew founded another community group called Building a Better Ku-ring-gai. He was a strong supporter of Friends of Turramurra legal challenge in the same year against the NSW Planning Minister's Ku-ring-gai Planning Panel’s proposal to rezone Ku-ring-gai. Ultimately the state government withdrew this plan.

 

Don Brew will be remembered by those who knew him as a fearless and dedicated campaigner against what he perceived to be inappropriate development in Ku-ring-gai. On behalf of Council and the Ku-ring-gai community I extend my deepest sympathies to his family and friends.

 

 

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 Don Brew.

 

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

 

CARRIED UNANIMOUSLY

 

 

141

Significant Sporting Achievements by Members of the Ku-ring-gai Community

 

File: S04856

Vide: MM.2

 

 

I am pleased to report on two significant sporting achievements by young Ku-ring-gai community members.

 

Travis Bazzana

 

Travis Bazzana grew up in the Ku-ring-gai area, graduating from Turramurra High School in 2020. As a junior, Travis was a keen sportsman, including playing baseball for the Ku-ring-gai Stealers and Ryde Hawks.

 

He also excelled in other sports including cricket, basketball and rugby. Travis has spoken about how much he enjoyed growing up the Ku-ring-gai LGA. Soon after leaving high school, Travis moved to the United States to pursue a career as a professional baseball player.

 

He’s played two seasons with Oregon State University, in 2022 and 2023. In 2023, Travis had the team’s best batting average, securing 20 double runs and 11 home runs while also setting a team record of 36 stolen bases.

 

In June 2024, Travis was placed at the top of the Major League Baseball (MLB) draft, which means he was considered the most valuable prospect for major league teams.

 

I am happy to report that, yesterday, Travis was selected as the first draft pick by the Cleveland Guardians MLB team. This means Travis is now one step closer to reaching his dream of playing in the world’s premiere baseball competition. It also means he is the first Australian-born player to be drafted in the opening round of an MLB draft.

 

Matt Hunt

 

Last week, the CEO of Athletics NSW informed us that Matt Hunt of Roseville will represent Australia in the 400m hurdles at the 2024 World Athletics Under 20s Championships in Lima, Peru from 27-31 August 2024.

 

Matt is a member of the University of Technology Sydney Northern Suburbs Athletic Club.

 

Athletics NSW let us know that Matt has worked incredibly hard to be selected for this team, through countless hours of training and attending competitions around the country. It is also pleasing to note the ongoing support from the athletics and local community for Matt and his family, contributing to the required $6,000 team levy in order for him to represent his country on the international stage.

 

 

Resolved:

 

(Moved: The Mayor, Councillor Ngai)

 

That Council:

 

A.   Congratulates Travis Bazzana, his family, Turramurra High School and the Ku-ring-gai Stealers baseball club for the tremendous achievement of Travis being selected to play in the United States’ Major League Baseball competition.

B.   Formally responds to the letter from Athletics NSW, congratulating Matt Hunt on his selection in the Australian team at the 2024 World Athletics Under 20s Championships.

C.   Promotes the achievements of both athletes on Council’s social media and communication channels.

 

CARRIED UNANIMOUSLY

 

 

142

Housing Policy Updates (July 2024)

 

File: S14427

Vide: MM.3

 

 

This Mayoral Minute provides an update on local activity regarding the State Government’s housing policies since the Ordinary Meeting of 18 June.

 

As this Mayoral Minute is longer than those of prior months, I will draw attention to key actions required by Council:

 

·    From 1 July 2025, dual occupancies will be allowed in Ku-ring-gai via private certifier Exempt and Complying CDCs. The default minimum lot size for dual occupancies in the Exempt and Complying Development SEPP is 400 sqm (for two dwellings). However Ku-ring-gai can update its Local Environment Plan and Development Control Plan if it wishes to introduce a minimum lot size that is more sympathetic to urban tree canopy, biodiversity, climate resilience and heritage.
 

·    From 1 July 2024, a Ministerial Statement of Expectations Order requires all NSW Councils to improve their Development Application turnaround times and update their local planning strategies in line with the Department’s dwellings targets and SEPPs. If a Council’s performance is not satisfactory, the Minister may appoint a planning administrator or confer the function of council onto a Sydney district or regional planning panel. As such, Ku-ring-gai should note the Ministerial Statement and work towards delivering upon it.

 

Further detail below.

 

Transport Oriented Development

As of 13 May, landowners have been able to lodge Development Applications within the Transport Oriented Development (TOD) precincts of Gordon, Killara, Lindfield and Roseville with heights ranging 22-24m and floor space ratio of 2.5:1. However as of 12 July, we have not received any development applications (DAs) for TOD-related uplift in these precincts.

We expect DAs for TOD-related uplift to start coming in the next few months. The reason why we have not yet received any DAs may be that it takes time to properly draw up the plans and commission the relevant studies.

Real estate activity has been on the rise. Some developers have actively been targeting individual lot owners with high-pressure tactics and attempting to secure options for land at below-market prices. This has been creating angst amongst portions of the community, especially when some residents have succumbed. Other residents who are not keen to be exploited by developers have banded together and are attempting to sell as a group. However, the likelihood of achieving a sale at their desired price is not yet known, with an influx of land at 37 TOD precincts to be established within a year, limited availability of construction workers, high construction costs, rising high interest rates, and a fixed number of developers who are willing to take on the risks. In the short term we are likely to see developers focus on higher-yielding below-market options.

The legal action with the NSW Government is ongoing and as previously noted, would not have been necessary had the State Government provided a deferred commencement to Ku-ring-gai on the same terms that it had offered to 12 other councils. With the cost of inaction being far greater than the cost of legal action, we proceed under legal advice to protect our ratepayers’ financial interests.

Another consequence of the State Government’s unwillingness to collaborate has been the immediate impact on Heritage Conservation Areas (HCAs) within each TOD precinct. While other councils may have the opportunity to avoid the impacts through a reasonable-length deferred commencement, this option was not given to Ku-ring-gai on the multiple occasions that we requested it. To explore options for saving our HCAs and mitigating the impacts on our urban canopy, council staff continue to prepare different scenarios for each TOD precinct and these will be consulted with the public around November of this year for a council decision in February. From what I understand, NM4 proposes another option for protecting our HCAs prior to February and will be considered later tonight.

345 Pacific Highway Planning Proposal

At the Ordinary Meeting of Council on 18 June, Council resolved to support a planning proposal for this site with building height 32 metres (9 storeys) and floor space ratio of 2.31:1. It should be noted that this floor space ratio is less than the current TOD controls of 2.5:1, so a developer would more likely opt for the TOD.

As part of Rezoning Review 2024-9, the Sydney North Planning Panel had also met to discuss this planning proposal and after an unusual delay of one fortnight, decided that the applicant should come back with an updated urban design report to test a range of building heights from 12 to 15 storeys before the panel makes a decision for submitting to a Gateway determination [see attachment 1]. The interim record of decision is ambiguous as to whether the planning panel has considered the bottlenecking impacts on Pacific Highway.

Feedback to NSW Department of Planning re: Low- and Mid-Rise Housing

On 21 May, Council resolved unanimously as part of GB11 that Council:

B. Requests a 12 -month deferral of the low- and mid -rise Housing SEPP from the department upon agreeing reasonable 5 - year and 20 - year new-dwelling targets as implied by the SEPP. The targets will form the basis of an update to its Local Environment Plan over 12 months with the intent to match state policy objectives while providing a superior and more environmentally sensitive outcome for future residents.

F. Endorses the exclusion of all town centres and stations from the Low and Mid-rise Housing Policy as discussed in this report and specified in Attachment A3 -Feedback form – Station and town centre precinct selections and Attachment A4 -Feedback form – Bushfire, Flood, and other hazards.

Council staff provided this feedback to the Department of Planning on 22 May.

The Department responded with a letter on 03 July [see attachment 2]. The letter was silent on the issues raised by Council, in other words it implied that:

·    it did not support Council’s request for 20-year (or any other form of long-term) housing targets;

·    it did not support a 12-month deferral for planning towards a long term target;

·    it did not support the exclusion of any of the train stations from the Low- and Mid-Rise Housing SEPP provisions; and

·    the Low- and Mid-Rise Housing SEPP provisions will be implemented as per the details on their website.

 

In the absence of housing targets, an update to the LEP (beyond the TOD precincts) has not yet commenced.

 

Official Launch of Low- and Mid-Rise Housing SEPP Provisions

From 28 June 2024 to 2 July 2024, the NSW Department of Planning website was iteratively updated and corrected to announce the implementation details of its anticipated Low- and Mid-Rise Housing SEPP provisions.

The webpage [see attachment 3] attempts to communicate what the policy is, however its wording is ambiguous and is open to interpretation. In particular, there is mix-up of terminology including two different uses of the word ‘stage’ as well as the term ‘well-located’ being used in a manner that is contrary to the National Housing Accord.

The implementation details are still being clarified with the Department of Planning but at this point in time my understanding is as follows:

·    ‘Well-located’ areas within 10 minutes’ walk or 800m walking distance of ‘station and town centre’ precincts will not have any change until sometime in the second half of 2024 (as part of ‘stage 2’). These changes will involve apartment buildings, terraces, townhouses, and other forms of housing with the specifics yet to be confirmed.

·    Outside of the ‘well-located areas’, all R2 low-density residential zones in NSW with the exception of areas such as bushfire and flood-prone zones will support dual occupancies and semi-detached dwellings. These changes take effect 01 July 2024 (as part of ‘stage 1’) and the dual occupancies will be approved via private certifiers through Exempt and Complying Development.

13 local government areas including Ku-ring-gai are temporarily excluded from the complying development pathway as they currently “lack controls for dual occupancies, such as minimum lot sizes”. These councils have until 01 July 2025 to “consider appropriate controls for dual occupancies”, after which the complying development pathway will be turned back on with a minimum lot size of 400 sqm if these councils do not establish relevant controls.

 

What this means for Ku-ring-gai residents seeking to build dual occupancies

The majority of Ku-ring-gai residents who own R2 low-density residential land that isn’t flood or bushfire-prone will be able to build dual occupancies through a private certifier via the Exempt and Complying Development SEPP from 01 July 2025.

The minimum lot size of such dual occupancies in Ku-ring-gai is currently not specified. But for ‘well-located’ areas within 800m of stations and town centres, there will be non-refusal standards and controls that will be revealed as part of ‘stage 2’. As for those outside of ‘well-located’ areas, the minimum lot size will be the Exempt and Complying Development SEPP’s default of 400 sqm (for two dwellings) unless Ku-ring-gai updates its Local Environment Plan before 01 July 2025 to introduce a larger value.

As such, it is in Ku-ring-gai’s interest to update its Local Environment Plan and Development Control Plan before 01 July 2025 if it wishes to establish appropriate controls for dual occupancies that can protect our urban tree canopy, biodiversity, climate resilience and heritage.

Ministerial Statement of Expectations Order

On 01 July 2024 the Planning Minister also made an Environmental Planning and Assessment (Statement of Expectations) Order 2024 under section 9.6(9) of the Environmental Planning and Assessment Act 1979 [see attachment 4].

The Statement of Expectations sets the Minister’s performance expectations of each Council. If a Council’s performance is not satisfactory, the Minister may appoint a planning administrator or confer the function of council onto a Sydney district or regional planning panel as per section 9.6(1)(b) of the Act.

The three performance areas of the Statement of Expectations are:

·    Development Assessment

Preparing assessment reports for regionally significant development applications within an average of 250 days from lodgement

Lodging development applications within:

§ 14 days from submission (FY25)

§ 7 day from submission (FY26+)

Determining development applications (including DAs by local planning panel) within an average days from lodgement of:

§ 115 days (FY25)

§ 105 days (FY26)

§ 95 days (FY27)

§ 85 days (FY28+)

·    Planning Proposals

Support the planning proposal process within the timeframes stated in the LEP Making Guideline (August 2023).

·    Strategic Planning

Prepare a Local Strategic Planning Statement and a Local Planning Strategy in line with the Department’s standards, timeframes, dwelling provision targets, and State Environmental Planning Policies.

 

As such, all Councils are expected to improve their Development Application turnaround in the coming years and update their Local Strategic Planning Statements to align with the Department’s dwelling targets and SEPPs if they wish to maintain control of their planning and development functions.

 

Of course, many Councils including Ku-ring-gai already strive to lift perform in these three areas however we face the realities of competing with the private sector and State Government for appropriate talent. Councils are at a disadvantage in securing the quality and volume of talent that we need as rates are pegged while development assessment fees are regulated by the State and do not reflect the cost of providing the service. Nevertheless, we are required to strive to deliver on these expectations.

Delivering on the Ministerial Expectations

On 3 July 2024 the Planning Minister wrote to all Mayors regarding the updated Ministerial Statement of Expectations Order [see attachment 5].

To assist with reducing DA timeframes and delivering more homes, the NSW Government has announced the funding of cadetships for planners in councils and the opening of a new TAFE course for para-planning.

The NSW Government also expects Artificial Intelligence to play a greater role in producing efficiencies, and has committed to $5.6m of funding as part of an Early Adopter Grant Program, however not all Councils that applied for the grant were successful in securing first round funding.

 

 

Recommendation:

 

That Council:

A.   Notes and receives this Mayoral minute.

B.   Staff review Ku-ring-gai’s planning controls for dual occupancies (especially with regard to minimum lot sizes) and report back to Council with the view of updating the Local Environment Plan and Development Control Plan prior to 30 June 2025.

C.   Notes the Ministerial Statement of Expectations Order 2024 and will work towards delivering upon it, with a report back to Council no later than December 2024 proposing a way forward for meeting our strategic planning requirements.

 

The Motion was put and declared CARRIED

 

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

 

Against the Motion:                Councillors Pettett and Spencer

 

 

Resolved:

 

(Moved: The Mayor, Councillor Ngai)

 

 

That Council:

A.   Notes and receives this Mayoral minute.

B.   Staff review Ku-ring-gai’s planning controls for dual occupancies (especially with regard to minimum lot sizes) and report back to Council with the view of updating the Local Environment Plan and Development Control Plan prior to 30 June 2025.

C.   Notes the Ministerial Statement of Expectations Order 2024 and will work towards delivering upon it, with a report back to Council no later than December 2024 proposing a way forward for meeting our strategic planning requirements.

 

 

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

 

Against the Resolution:          Councillors Pettett and Spencer

 

CARRIED

 

 

PETITIONS

 


 

 

GENERAL BUSINESS

 

 

143

EOI23-2024 - Panel of Code of Conduct Reviewers

 

File: S08447

Vide: GB.2

 

 

For Council to renew its Panel of Code of Conduct Reviewers (Panel) in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures).

 

Resolved:

 

(Moved: Councillors Lennon/Smith)

 

 

That Council appoint a Panel of Conduct Reviewers outlined in Attachment A11 to this Report.

 

CARRIED UNANIMOUSLY

 

 

144

Investment Report as at 30 June 2024

 

File: FY00623/6

Vide: GB.6

 

 

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

 

Resolved:

 

(Moved: Councillors Lennon/Smith)

 

 

That:

 

A.  The summary of investments and performance for June 2024 be received and noted.

 

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

 

CARRIED UNANIMOUSLY

 

 

145

Environmental Levy Grant Program - Round 26

 

File: CY00848

Vide: GB.8

 

 

To seek Council’s endorsement to fund round twenty-six (26) of the Environmental Levy grants program.

 

Resolved:

 

(Moved: Councillors Lennon/Smith)

 

 

That Council:

 

A.   Endorse the recommendations of the Environmental Levy Grants Assessment Panels to fund twenty-one (21) projects under round twenty-six (26) of the Environmental Levy grants program, totalling $99,586.

 

B.   Notes that the St Ives Community Garden Committee project for Establishment of St Ives Community Garden at the expanded Bedes Forest has 24 months to acquit that project.

 

CARRIED UNANIMOUSLY

 

 

146

Policy Updates - Related Party Disclosure Policy, Contaminated Land Policy and the Bushland Illegal Dumping and Encroachment Policy

 

File: CY00826/2

Vide: GB.9

 

 

To update three Council policies.

 

 

Resolved:

 

(Moved: Councillors Lennon/Smith)

 

 

A.   That the following revised policy be approved by Council:

 

·    Related Party Disclosures

 

B.   That the following revised policies be exhibited for at least 28 days and reported back to Council.

 

·    Contaminated Land Policy; and the

·    Bushland Illegal Dumping and Encroachment Policy.

 

CARRIED UNANIMOUSLY

 

 

After having declared an interest on item GB.1, the Mayor, Councillor Ngai and Councillor Lennon withdrew from the chambers during discussion and did not vote on the matter. Deputy Mayor Councillor Kay took the Chair.

 

147

Heritage Reference Committee meeting minutes of 6 June 2024 & 2024-25 Heritage Home Grants Allocation

 

File: CY00413/12

Vide: GB.1

 

 

For Council to consider the minutes from the previous Heritage Reference Committee (‘HRC’) meeting held on 6 June 2024 and HRC recommendations for the applications under the Heritage Home Grants (HHG) program for 2024/25 and an IHO request.

 

Resolved:

 

(Moved: Councillors Wheatley/Smith)

 

 

A.   That Council receive and note the HRC minutes at Attachment A1 from the meeting held on 6 June 2024.

 

B.   That Council approves the Heritage Home Grant funding as set out in Attachment A3.

 

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

 

CARRIED UNANIMOUSLY

 

The Mayor Councillor Ngai and Councillor Lennon returned to the chambers. The Mayor Councillor Ngai resumed the Chair.

 

 

148

Doggy Daycare

 

File: CY00445/12

Vide: NM.2

 

 

Notice of Motion from Councillor Ngai dated 26 June 2024

 

We have people who would love to drop off their pets at daycare while they attend work.

 

As a Council, we play a role in ensuring that there is an environment that allows for such activities to occur in appropriate locations. The Ku-ring-gai Local Environment Plan 2015 currently permits ‘Animal boarding or training establishments’ in E3 Productivity Support and RE1 Public Recreation zones with consent. But it is difficult for operators to secure such zoned land. Ku-ring-gai does have E3 zones in the Pymble Business Park, but nowhere else. And it is unusual for the private sector to acquire RE1 land.

 

I believe that we should consider updating our Local Environment Plan (LEP) to also allow this activity to be permitted with consent in E1 Local Centre and MU1 Mix Use zones. This will create more opportunities for pet daycares to be established legally within Ku-ring-gai’s borders.

 

I move that:

 

A.   Council staff investigate the feasibility (including any concerns) of allowing ‘Animal boarding or training establishments’ to be permitted with consent in E1 Local Centre and MU1 Mixed Use zones.

B.   Subject to feasibility and the provision of appropriate controls, that staff report back to Council within the next twelve months and as part of LEP housekeeping on the opportunity to update the Ku-ring-gai Local Environment Plan 2015 to allow ‘Animal boarding or training establishments’ to be permitted with consent in E1 Local Centre and MU1 Mixed Use zones. Relevant changes to Council’s Development Control Plan should also be considered.

 

 

Resolved:

 

(Moved: Councillors Ngai/Ward)

 

 

That:

 

A.      Council staff investigate the feasibility (including any concerns) of allowing ‘Animal boarding or training establishments’ to be permitted with consent in E1 Local Centre and MU1 Mixed Use zones.

B.   Subject to feasibility and the provision of appropriate controls, that staff report back to Council within the next twelve months and as part of LEP housekeeping on the opportunity to update the Ku-ring-gai Local Environment Plan 2015 to allow ‘Animal boarding or training establishments’ to be permitted with consent in E1 Local Centre and MU1 Mixed Use zones. Relevant changes to Council’s Development Control Plan should also be considered.

 

CARRIED UNANIMOUSLY

 

 

149

Giving residents choice in household energy

 

File: CY00441/12

Vide: NM.5

 

 

Notice of Motion from Councillors Ngai and Greg Taylor dated 28 June 2024

 

 

Existing Net Zero Initiatives

 

At Ku-ring-gai, we encourage our residents to transition to more energy efficient homes as part of our Net Zero 2040 target.

 

Under our Energy Smart rebates program (funded by the Environmental Levy), Council provides rebates for the installation of the following:

 

-      Solar PV or Battery storage – Up to $500

-      Solar or electric hot water system – Up to $500

-      Insulation – Up to $500

-      Windows – Up to $500


This provides a financial incentive for residents to transition to more energy efficient installations.

 

Under the Ku-ring-gai Development Control Plan 6B.2(16), Council also requires all parking bays of future multi-dwelling housing to be EV ready with design and construction (provision for conduits, switchboards, electrical capacity etc.) to enable installation of electric vehicle charging points that are linked to each individual dwelling electricity meter.

 

While this stops short of mandating the installation of electric vehicle charging points, it allows the option for developers and residents should they choose to proceed without a costly retrofit.

 

Further Opportunities for Net Zero

 

While many households currently cook with gas, electric induction cooktops provide a healthier, faster and more cost efficient alternative. In particular, there are links between gas cooktop emissions and the development of asthma, and on this basis other councils such as Waverley and Lane Cove have gone so far as to ban gas on health grounds.

 

We respect the right for households to cook with their fuel of choice, but believe that to be consistent with existing policies we should make adjustments to Ku-ring-gai’s Energy Smart rebate program and Development Control Plan (DCP) accordingly.

 

We, therefore, move that:

 

A.   Council’s Energy Smart rebate program be amended to also support up to $500 for the installation of an electric induction cooktop.

B.   Council staff investigate updates to the Ku-ring-gai DCP to require new developments to provide kitchens that are electric induction ready with design and construction (provision for conduits, switchboards, electrical capacity etc) to enable installation of induction cooktops that are linked to each individual dwelling electricity meter. Staff are to report back to Council within the next twelve months on the potential DCP housekeeping amendments.

C.   As part of preparing the DCP housekeeping amendments, Council staff will also consider additional measures to improve environmental sensitivity and sustainability towards Net Zero. In particular, the staff will consider the appropriateness of incorporating elements such as:

i.      controls from other council DCPs including Lane Cove (Sustainability Review 2023) and Parramatta (6.8); and

ii.     the possibility of allowing solar panels to be visible from the street front in Heritage Conservation Areas.

 

Resolved:

 

(Moved: Councillors Ngai/G. Taylor)

  

 

That:

A.      Council’s Energy Smart rebate program be amended to also support up to $500 for the installation of an electric induction cooktop.

B.     Council staff investigate updates to the Ku-ring-gai DCP to require new developments to provide kitchens that are electric induction ready with design and construction (provision for conduits, switchboards, electrical capacity etc) to enable installation of induction cooktops that are linked to each individual dwelling electricity meter. Staff are to report back to Council within the next twelve months on the potential DCP housekeeping amendments.

C.   As part of preparing the DCP housekeeping amendments, Council staff will also consider additional measures to improve environmental sensitivity and sustainability towards Net Zero. In particular, the staff will consider the appropriateness of incorporating elements such as:

i.       controls from other council DCPs including Lane Cove (Sustainability Review 2023) and Parramatta (6.8); and

ii.      the possibility of allowing solar panels to be visible from the street front in Heritage Conservation Areas.

 

CARRIED UNANIMOUSLY

 

Councillor Wheatley departed from and returned to the Meeting during discussion of this item.

 

After having declared an interest on item GB.3, Councillor Kay withdrew from the chambers during discussion and did not vote on the matter.

 

150

Ku-ring-gai Council Sponsorship 2024-2025

 

File: FY00275/16

Vide: GB.3

 

 

To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2024–2025, and to provide recommendations for funding.

 

Motion:

 

(Moved: The Mayor, Councillor Ngai /Ward)

That Council approve the following funding for the Events, Arts and Cultural and General Sponsorship applications:



Amendment:

(Moved: Councillors Pettett/Lennon)

That Council approve the following funding for the Events, Arts and Cultural and General Sponsorship applications:

 

The Amendment was put and declared CARRIED.

 

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

 

Against the Amendment:       Councillor Spencer

 

The Amendment became the Motion. The Motion was put and declared CARRIED

 

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

 

Against the Resolution:          Councillor Spencer

 

Resolved:

 

(Moved: Councillors Pettett/Lennon)

 

That Council approve the following funding for the Events, Arts and Cultural and General Sponsorship applications:

 

 

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

 

Against the Resolution:          Councillor Spencer

 

CARRIED

 

Councillor Kay returned to the chambers.

 

151

Status of Women's Advisory Committee

 

File: S13683

Vide: GB.4

 

 

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

 

Resolved:

 

(Moved: Councillors Kay/Wheatley)

 

 

That:

 

A.      Council considers the recommendations from the independent selection panel and appoints 15 community members to participate in the Status of Women’s Advisory Committee.

B.     Council considers the recommendations from the independent selection panel and appoints ten (10) reserves for the Status of Women’s Advisory Committee.

C.      The Terms of Reference be updated to provide for vacant positions on the committee to be filled by reserves, in the order recommended by the assessment panel

D.     The Chairperson and Deputy Chairperson of the Status of Women's Advisory Committee be appointed when the incoming Council appoints Councillors to each of its advisory and reference committees.

E.      Women on Council be included on the Committee.

 

CARRIED UNANIMOUSLY

 

 

152

Improving the accessibility and transparency of Public Forums - Changes to Code of Meeting Practice

 

File: CY00438/12

Vide: GB.5

 

 

To propose amendments to the Ku-ring-gai Council Code of Meeting Practice to allow for public forums to be recorded and webcast, and for speakers to address Council via audio-visual link.

 

Motion:

 

(Moved: Councillors A.Taylor/Ward)

That:

 

A.      Council livestream public forums and amend the Code of Meeting Practice to provide for public forums to be publicly broadcast but not published on Council’s website.  

B.     Public forums will always be held as a hybrid meeting, unless the meeting is unable to be held physically in the Council Chamber in which case it will be held by audio-visual link only, and amend the Code of Meeting practice as in Attachment A3.

C.      That the draft Code of Meeting Practice be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

D.     Council note that a report will be brought to Council after exhibition summarising the public response and providing a final version of the Code of Meeting Practice for consideration.


AMENDMENT:

 

(Moved: Councillors Kay/Spencer)

That Council:

A.   Wishes to webcast public forums and the amendments to the Code of Meeting Practice in Attachment A2 be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

B.   Wishes for public forums to always be held as a hybrid meeting, unless the meeting is unable to be held physically in the Council Chamber in which case it will be held by audio-visual link only and the amendments to the Code of Meeting practice in Attachment A3 be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

C.      Note that a report will be brought to Council after exhibition summarising the public response and providing a final version of the Code of Meeting Practice for consideration.

The Amendment was put and declared CARRIED UNANIMOUSLY.

The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY

 

Resolved:

 

(Moved: Councillors Kay/Spencer)

 

That Council:

A.   Wishes to webcast public forums and the amendments to the Code of Meeting Practice in Attachment A2 be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

B.   Wishes for public forums to always be held as a hybrid meeting, unless the meeting is unable to be held physically in the Council Chamber in which case it will be held by audio-visual link only and the amendments to the Code of Meeting practice in Attachment A3 be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

C.   Note that a report will be brought to Council after exhibition summarising the public response and providing a final version of the Code of Meeting Practice for consideration.

 

CARRIED UNANIMOUSLY

 

 

Councillor Smith departed from and returned to the Meeting during discussion of this item.

 

153

Marian Street Theatre Killara – Building Condition

 

File: S10577/5

Vide: GB.7

 

 

The purpose of this report is to advise Council on the costs of the minimum repairs, maintenance, and other necessary works to re-open the Marian Street Theatre as a functional theatre in the form it was before closing, complying with current building code requirements.

 

 

Resolved:

 

(Moved: Councillors Lennon/Ward)

 

 

That:

 

1.      Council notes the Hydromedial Consulting Group Feasibility Report for Marian Street Theatre included in the papers for the July 2024 ordinary council meeting, which suggested a range of approximately $7 million to approximately $15 million for the likely costs of a minimalist re-opening of the Marian Street Theatre.

2.      Council affirms Council’s support for Development Application DA 0144/20.

3.      Council notes that Development Application DA 0144/20 requires substantial commencement by 19th August 2026 to remain valid.

4.      Staff report to Council on the likely costs and timetable to redevelop the Marian Street Theatre in accordance with Development Application DA 0144/20 and the actions to be taken to achieve substantial commencement by 19th August 2026 in order to preserve the development consent.

 

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

 

Against the Resolution:          Councillors Pettett and Spencer

 

CARRIED

 

 

Motions of which due Notice has been given

 

Councillors A.Taylor and Ward separately departed from and returned to the Meeting during discussion of this item.

 

154

Sun Protection for Spectators at Sporting Grounds

 

File: S07823

Vide: NM.1

 

 

Notice of Motion from Councillors Lennon and Smith dated 26 June 2024

 

The primary cause of melanoma and other skin cancers is prolonged exposure to ultraviolet radiation. While authorities have educated people well on the need to wear hats and apply sunscreen lotion, keeping to the shade wherever practicable also protects human skin from harm. 

 

We, therefore, move:

 

That Council staff investigate and report to Council on possible measures to ensure that all sporting grounds attracting spectators in Ku-ring-gai have at least some shaded and sheltered area for spectators to sit or stand.

 

 

Resolved:

 

(Moved: Councillors Lennon/Smith)

 

 

That Council staff investigate and report to Council on possible measures to ensure that all sporting grounds attracting spectators in Ku-ring-gai have at least some shaded and sheltered area for spectators to sit or stand.

 

CARRIED UNANIMOUSLY

 

 

155

Engagement with First Nations People

 

File: S02414

Vide: NM.3

 

 

Notice of Motion from Councillor Greg Taylor dated 27 June 2024

 

In April 2024 Council resolved to prepare a Reconciliation Action Plan (RAP).  The development and implementation of a RAP will formally acknowledge the value of First Nations communities, their fundamental connection to Country, and the nature of their living cultural heritage associated with the Land.

 

As an early engagement, it is proposed that Council reach out to First Nations people and hold a small gathering in the local bushland.  The purpose is to understand more about how Council can help support and empower First Nations people and culture in the community; share traditional fire knowledge with First Nations people, Council and possibly other government agencies;  improve contact and connection between local First Nations community members and Council staff; explore the potential for any future First Nations events that can be supported by Council; and explore the potential for future cultural burning workshops and activities. 

 

I, therefore, move:

 

That Council facilitate a gathering with First Nations people in local bushland, as outlined in this Notice of Motion.

 

 

Resolved:

 

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

 

 

That Council facilitate a gathering with First Nations people in local bushland, as outlined in this Notice of Motion.

 

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

 

Against the Resolution:          Councillor Spencer

 

CARRIED

 

 

Councillor G.Taylor departed from and returned to the Meeting during discussion of this item.

 

156

Heritage Conservation Areas Interim Heritage

 

File: S14571

Vide: NM.4

 

 

Notice of Motion from Councillors Wheatley, Lennon and Smith dated 27 June 2024

 

The NSW Government’s Transit Oriented Development SEPP is now in effect and has placed 23 Ku-ring-gai heritage conservation areas at risk – all located within 400 metres of Gordon, Killara, Lindfield and Roseville stations. These represent half the total identified heritage conservation areas in Ku-ring-gai. These core areas of fine historic houses and gardens embody the identity and living history of Ku-ring-gai (and parts of the identity and living history of all Sydney) that, if lost, cannot be replaced.

 

Within the 23 heritage areas, the TOD SEPP has ‘upzoned’ approximately 410 historic sites, excluding the surrounded 106 heritage items. This high number reflects that approximately 30% of upzoned TOD sites in Ku-ring-gai are identified as heritage conservation areas - or 40% heritage identified when counting the heritage items surrounded by TOD sites.

 

As of 13 May 2024, development applications can now be lodged for demolition and 7-storey apartments built within these conservation areas. It is clear that property is being sold and bought right now in these heritage conservation areas on the basis of redevelopment to the maximum TOD standards, notwithstanding any heritage considerations in the development application (DA) process.

 

No NSW Government provisions, information or guidelines have demonstrated how the DA process can provide for inserting 7-storey apartments into established heritage areas in a way that retains the value of existing historic houses and gardens and their resulting streetscapes. At best, this creates uncertainty for both conservation and development. At worst, this slates hundreds of historic buildings, gardens and many streetscapes for demolition and irreversible change and/or many DAs for refusal. In either case, the public and private cost for development and heritage value is high.

 

The NSW Heritage Council’s resolution on TOD recorded “considerable concern about the impact on existing heritage conservation areas”. Council’s independent heritage advisor for the housing changes, Lisa Trueman concluded “The proposed changes would see widespread loss of significant buildings and their settings, loss of historic subdivision patterns, changes to scale, form, character, landscaping and significant streetscapes.”

 

The NSW Planning Minister has indicated a willingness to consider alternative housing scenarios. Council has resolved to investigate alternative scenarios for reporting in early 2025. However, this planning is invalidated if sites are redeveloped for 7-storey apartments in the meantime.

 

Interim Heritage Order

 

It is recommended that Council request the NSW Minister for Heritage make an Interim Heritage Order for the land of 23 heritage conservation areas subject to the TOD SEPP to protect these conservation areas under the Heritage Act 1977 while their heritage significance is further assessed. Council cannot use its current delegation to make an Interim Heritage Order in heritage conservation areas.

 

Council’s Heritage Reference Committee considered a preliminary heritage assessment and supported this action at its meeting of 6 June 2024.

 

As a temporary heritage listing, the IHO would lapse after 6-12 months. While in effect, the IHO triggers the NSW Heritage Council to assess development applications.

 

Conclusion

 

A blanket IHO – limited to the Ku-ring-gai TOD sites – is a measured response to a blanket planning process where heritage impacts are not resolved before development controls are set.

 

This IHO will provide the necessary short-term heritage protection for the affected sites while Council investigates alternative planning for increasing housing that does factor in heritage, amongst other relevant considerations and constraints. This is how we can plan for increased housing with improved certainty.

 

While not your usual IHO for a potential heritage site, this request is true to the origins and intent of the NSW Heritage Act and IHO powers – to protect the significance of heritage under threat. An IHO is essentially the modern-day Green Ban. This is once again needed when history starts repeating itself with plans that ignore or endanger heritage areas on a large scale.

 

This IHO is ultimately decided by the NSW Minister for Heritage rather than Council. However, seeking an IHO will still serve an important purpose – to better alert the community to the heritage issue ahead of major decisions like transactions and applications during a key phase of transition in the planning controls.

 

We, therefore, move:

 

That Council request the NSW Minister for Heritage to make an Interim Heritage Order for the land of the 23 heritage conservation areas in the Ku-ring-gai LGA subject to the Transit Orientated Development SEPP to protect these conservation areas under the NSW Heritage Act 1977 while their significance is assessed.

 

 

Motion:

 

(Moved: Councillors Wheatley/Lennon)

That Council request the NSW Minister for Heritage to make an Interim Heritage Order for the land of the 23 heritage conservation areas in the Ku-ring-gai LGA subject to the Transit Orientated Development SEPP to protect these conservation areas under the NSW Heritage Act 1977 while their significance is assessed.

AMENDMENT:

 

(Moved: Councillors Pettett/Spencer)


That Council survey all residents within the 23 heritage conservation areas (HCAs) and the Transit Orientated Development (TOD) precincts and gather feedback on whether they support a blanket interim heritage order (IHO).

 

The Amendment was put and declared LOST.

 

For the Amendment:              Councillors Pettett and Spencer

 

Against the Amendment:       The Mayor, Councillor Ngai, Councillors Kay, Lennon, Smith, A.Taylor, G.Taylor, Ward and Wheatley

 

Debate resumed on the Motion.

 

The Motion was put and declared CARRIED.

 

For the Motion:                      The Mayor, Councillor Ngai, Councillors Kay, Lennon, Pettett, Smith, A.Taylor, G.Taylor, Ward and Wheatley

 

Against the Motion:                Councillor Spencer

 

Resolved:

 

(Moved: Councillors Wheatley/Lennon)

 

 

That Council request the NSW Minister for Heritage to make an Interim Heritage Order for the land of the 23 heritage conservation areas in the Ku-ring-gai LGA subject to the Transit Orientated Development SEPP to protect these conservation areas under the NSW Heritage Act 1977 while their significance is assessed.

 

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

 

Against the Resolution:          Councillor Spencer

 

CARRIED

 

 

Councillor Wheatley departed from and returned to the Meeting during discussion of this item.

 

157

Multicultural Festival and Multicultural Inclusion Plan

 

File: S04141

Vide: NM.6

 

 

Notice of Rescission from Councillors Alec Taylor, Ward, Smith and Wheatley

dated 28 June 2024

 

At the Ordinary Meeting of Council on 18 June 2024, Council resolved to support a multicultural festival and prepare a multicultural inclusion plan.

 

The resolution included applying to the NSW Government for a grant of $50,000 towards the festival, as well as Council contributing $15,000 to $30,000.  The terms of the resolution may have created uncertainty about the amount of funding available for the festival, due to grant funding being a significant component.  It is important to clarify that Council is fully committed to a successful multicultural festival and to provide certainty for the event planning, Council should underwrite the cost up to $50,000.  If a grant is received, a lesser contribution from Council may be required.

 

In a third recommendation Council also passed a resolution for the multicultural plan and festival to be inclusive (part C).  The intent of part C was to recognise that the festival and inclusion plan would be inclusive of all cultures. On reflection the intent is implicit in the inclusion plan and festival, and therefore the recommendation is unnecessary. 

 

We, therefore, move:

 

That the decision of Council on 18 June 2024 in relation to item NM.3 Multicultural Festival and Multicultural Inclusion Plan be rescinded and replaced with:

 

A.   Ku-ring-gai Council contributes up to $50,000 towards a Multicultural Festival. Council will also apply to the New South Wales Government for relevant grant funding.

B.   Council develops a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community.

 

 

Motion:

 

(Moved: Councillors A.Taylor/Wheatley)


That the decision of Council on 18 June 2024 in relation to item NM.3 Multicultural Festival and Multicultural Inclusion Plan be rescinded and replaced with:

 

A.   Ku-ring-gai Council contributes up to $50,000 towards a Multicultural Festival. Council will also apply to the New South Wales Government for relevant grant funding.

B.   Council develops a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community.

 

AMENDMENT:

 

(Moved: Councillors Pettett/Spencer)

That the decision of Council on 18 June 2024 in relation to item NM.3 Multicultural Festival and Multicultural Inclusion Plan be rescinded and replaced with:

 

A.      Ku-ring-gai Council contributes up to $150,000 towards Multicultural Festivals. Council will also apply to the New South Wales Government for relevant grant funding.

B.     Council develops a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community.

The Amendment was put and declared LOST

For the Amendment:              Councillors Kay and Pettett

 

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

 

Debate resumed on the Motion.

The Motion was put and declared CARRIED

 

For the Motion:                      The Mayor, Councillor Ngai, Councillors Kay, Pettett, Smith, Spencer, A. Taylor, G. Taylor, Ward and Wheatley

 

Against the Motion:                Councillor Lennon

 

Resolved:

 

(Moved: Councillors A. Taylor/Wheatley)

 

 

That the decision of Council on 18 June 2024 in relation to item NM.3 Multicultural Festival and Multicultural Inclusion Plan be rescinded and replaced with:

 

A.   Ku-ring-gai Council contributes up to $50,000 towards a Multicultural Festival. Council will also apply to the New South Wales Government for relevant grant funding.

B.   Council develops a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community.

 

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

 

Against the Resolution:          Councillor Lennon

 

CARRIED

 

 

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

 

NIL


 

 

 

QUESTIONS WITH NOTICE

 

 

IN RELATION TO THE NORTHERN SUBURBS FOOTBALL ASSOCIATION’S (NSFA) PROPOSED DEVELOPMENT AT THE NORTH TURRAMURRA RECREATION AREA (NTRA)

 

File: S13633

Vide: QN.1

 

QUESTION:

 

Question from Councillor Spencer dated 27 June 2024

 

Over the course of this term – between 2022 and 2024 – Council is in receipt of a considerable number of questions (from residents) seeking clarification as to whether the NSFA’s new “Home of Football,”the NSFA administers football for its 30 member clubs and 17,000 players during the winter season across Northern Sydney – from the Harbour to the Hawkesbury, with facilities as listed below, is actually suitable for what NTRA was zoned for:

Ground floor

·      Three players change rooms/wc with roller door for interconnection where required

·      Coaches changing rooms 

·      Male and female public toilets

·      Two accessible toilet/change facilities 

·      Referees change room

·      Coaches meeting room (space for 6)

·      Physio room 

·      Café with seating (space to be leased and fit out by a separate entity)

·      Office block for 12 staff 

·      Kitchens

·      Boardroom

·      Waiting room 

·      Lunch room

·      Meeting room

·      Av Media room

·      Gym room

·      Space to be occupied by NSFA management team

 

FIRST FLOOR

·      Stage seating for 330 and standing 200 attendees

·      Raised corporate box with kitchenette and standing area

·      Press box a two-person media team (broadcasting claims).

 

QUESTION:

 

A.  Would the General Manager clarify as to whether the proposed NSFA development is classified as C4 or RE1?

 

To illustrate:

 

ZONE C4   ENVIRONMENTAL LIVING

 

1.   Objectives of zone

·      To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

·      To ensure that residential development does not have an adverse effect on those values.

·      To ensure development does not result in further fragmentation of ecological communities, biodiversity corridors or other significant vegetation or habitat.

·      To minimise direct and indirect risks to life, property and the environment from bushfire events.

·      To ensure that development in this zone on land that adjoins land in Zone C1 National Parks and Nature Reserves or Zone C2 Environmental Conservation is compatible with the objectives of those zones.

·      To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

2.   Permitted without consent

Home occupations

 

3.   Permitted with consent

Bed and breakfast accommodation; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture

 

4.   Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

 

ZONE RE1  PUBLIC RECREATION

 

1.   Objectives of zone

·      To enable land to be used for public open space or recreational purposes.

·      To provide a range of recreational settings and activities and compatible land uses.

·      To protect and enhance the natural environment for recreational purposes.

·      To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

 

2.   Permitted without consent

Environmental facilities; Environmental protection works; Roads

 

3.   Permitted with consent

Animal boarding or training establishments; Aquaculture; Bee keeping; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Flood mitigation works; Food and drink premises; Forestry; Information and education facilities; Kiosks; Markets; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roadside stalls; Signage; Water recycling facilities; Water supply systems

 

 

4.   Prohibited

Any development not specified in item 2 or 3

 

B. Would the General Manager publish the answers to the above questions at the OMC of 16 June 2024?

 

ReSPONSE:

 

Answer: The land is zoned RE1 - Public Recreation under the Ku-ring-gai LEP 2015.

 

Response from Director Strategy & Environment.

 

 

 

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

 

NIL

 

The Meeting closed at 10.02PM

 

The Minutes of the Ordinary Meeting of Council held on 16 July 2024 (Pages 1 - 33) were confirmed as a full and accurate record of proceedings on 13 August 2024.

 

 

 

 

 

          __________________________                                 __________________________

                   General Manager                                                         Mayor / Chairperson