Ordinary Meeting of Council

TO BE HELD ON Tuesday, 13 August 2024 AT 7:00PM

Level 3, Council Chamber

 

Late Agenda

** ** ** ** ** **

 

 

NOTE:  For Full Details, See Council’s Website –

www.krg.nsw.gov.au under the link to business papers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MM.1       Housing Policy Updates (August 2024)                                                                         5

 

File: EM00043/7

 

This Mayoral Minute provides an update on local activity regarding the State Government’s housing policies since the Ordinary Meeting of 16 July.

 

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 13 August, 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.

 

Legal Action re: Transport Oriented Development

 

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.

 

On 19 July, the Land & Environment Court issued directions:

 

·    That the NSW Government provide a response to the Council’s summons by 6 September 2024.

·    That the NSW Government and the Council engage in mediation by 30 September 2024.

·    That the legal proceedings be subject to further directions on 4 October 2024.

Noting that the proposed timing of mediation is occurring in the absence of an elected council, Council may vote to provide guidance on mediation terms as part of Confidential Item C1. Before reaching any agreement, the General Manager will provide an update to the newly elected Council in October.

 

It should also be noted that the Court-ordered mediation may not have been necessary had the Planning Minister responded to any of the Mayor’s previous calls for negotiation in good faith.

 

Interim Heritage Order for Heritage Conservation Areas within TOD precincts

 

Council’s request for an interim heritage order (IHO), as resolved in NM4 of the July Ordinary Meeting of Council, was sent to the Heritage Minister on Friday 19th July.

 

An IHO has no practical effect until it is approved by the Heritage Minister and gazetted.

 

The Heritage Minister can approve, refuse, or make no decision on the IHO. There is no timeline for the Minister to make a decision on the IHO under the Heritage Act.

 

As of today, there has not been a response from the Heritage Minister on this matter.

 

Scenario Analysis

 

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.

 

Recommendation:

 

That Council notes and receives this Mayoral minute.

 

Confidential Business to be dealt with in Closed Meeting

C.1          TOD SEPP - Land and Environment Court of NSW

 

File: S14468

 

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 section 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.

 

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

(c)        is fully discussed in that advice.

 

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 General Manager.

 

 

 

David Marshall

General Manager


 

Ordinary Meeting of Council - 13 August 2024

MM.1 / 0

 

 

Item MM.1

EM00043/7

 

 

 

Mayoral Minute

 

 

Housing Policy Updates (August 2024)

 

  

 

This Mayoral Minute provides an update on local activity regarding the State Government’s housing policies since the Ordinary Meeting of 16 July.

 

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 13 August, 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.

 

Legal Action re: Transport Oriented Development

 

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.

 

On 19 July, the Land & Environment Court issued directions:

 

·    That the NSW Government provide a response to the Council’s summons by 6 September 2024.

·    That the NSW Government and the Council engage in mediation by 30 September 2024.

·    That the legal proceedings be subject to further directions on 4 October 2024.

Noting that the proposed timing of mediation is occurring in the absence of an elected council, Council may vote to provide guidance on mediation terms as part of Confidential Item C1. Before reaching any agreement, the General Manager will provide an update to the newly elected Council in October.

 

It should also be noted that the Court-ordered mediation may not have been necessary had the Planning Minister responded to any of the Mayor’s previous calls for negotiation in good faith.

 

 

Interim Heritage Order for Heritage Conservation Areas within TOD precincts

 

Council’s request for an interim heritage order (IHO), as resolved in NM4 of the July Ordinary Meeting of Council, was sent to the Heritage Minister on Friday 19th July.

 

An IHO has no practical effect until it is approved by the Heritage Minister and gazetted.

 

The Heritage Minister can approve, refuse, or make no decision on the IHO. There is no timeline for the Minister to make a decision on the IHO under the Heritage Act.

 

As of today, there has not been a response from the Heritage Minister on this matter.

 

Scenario Analysis

 

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.

 

Recommendation:

 

That Council notes and receives this Mayoral minute.

 

 

 

 

 

Councillor Sam Ngai

Mayor