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) |
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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) |
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The Meeting commenced at 7:00PM
The Mayor offered the Acknowledgement of Country and Prayer.
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File: S02194
Nil |
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 MM.3 - Housing Policy Updates (July 2024) |
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. |
Minutes of Ordinary Meeting of Council File: S02131 |
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Meeting held 18 June 2024 Minutes numbered 114 to 136
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(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 |
File: CY00455/12 Vide: MM.1
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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.
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(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 |
PETITIONS
EOI23-2024 - Panel of Code of Conduct Reviewers
File: S08447 Vide: GB.2
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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). |
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(Moved: Councillors Lennon/Smith)
That Council appoint a Panel of Conduct Reviewers outlined in Attachment A11 to this Report.
CARRIED UNANIMOUSLY |
Investment Report as at 30 June 2024
File: FY00623/6 Vide: GB.6
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To present Council’s investment portfolio performance for June 2024. |
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(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 |
Environmental Levy Grant Program - Round 26
File: CY00848 Vide: GB.8
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To seek Council’s endorsement to fund round twenty-six (26) of the Environmental Levy grants program. |
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(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 |
Policy Updates - Related Party Disclosure Policy, Contaminated Land Policy and the Bushland Illegal Dumping and Encroachment Policy
File: CY00826/2 Vide: GB.9
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To update three Council policies.
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(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.
The Mayor Councillor Ngai and Councillor Lennon returned to the chambers. The Mayor Councillor Ngai resumed the Chair.
Doggy Daycare
File: CY00445/12 Vide: NM.2
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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.
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(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 |
Giving residents choice in household energy
File: CY00441/12 Vide: NM.5
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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
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. |
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(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.
Ku-ring-gai Council Sponsorship 2024-2025
File: FY00275/16 Vide: GB.3
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To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2024–2025, and to provide recommendations for funding. |
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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 |
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(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.
Councillor Smith departed from and returned to the Meeting during discussion of this item.
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.
Councillor G.Taylor departed from and returned to the Meeting during discussion of this item.
Councillor Wheatley departed from and returned to the Meeting during discussion of this item.
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice
NIL
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IN RELATION TO THE NORTHERN SUBURBS FOOTBALL ASSOCIATION’S (NSFA) PROPOSED DEVELOPMENT AT THE NORTH TURRAMURRA RECREATION AREA (NTRA)
File: S13633 Vide: QN.1 |
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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.
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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.
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General Manager Mayor / Chairperson