Agenda of Ordinary Meeting of Council - Tuesday, 26 November 2024

Minute Ku-ring-gai Council Page

MINUTES OF Extraordinary Meeting
HELD ON Tuesday, 8 October 2024

Present:

Councillors M Devlin & J Pettett (Comenarra Ward)

Councillors I Balachandran & B Ward (Gordon Ward)

Councillors S Ngai & 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)

Director Corporate (Angela Apostol)

Director Development & Regulation (Michael Miocic)

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)

Governance Support Officer (Eliza Gilbank-Heim)

The Meeting commenced at 7:00PM

The General Manager offered the Acknowledgement of Country

Apologies

File: S02194

Nil

DECLARATIONS OF INTEREST

The General Manager referred to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

No Interest was declared.

DOCUMENTS CIRCULATED TO COUNCILLORS

Nil

CONFIRMATION OF MINUTEs

180

Minutes of Ordinary Meeting of Council

File: EM00043/7

Meeting held 13 August 2024

Minutes numbered 162 to 171

Resolved:

(Moved: Councillors Smith/Ngai)

That Minutes numbered 162 to 171 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

181

Oath/ Affirmation of Office by Councillors

File: S13912

Vide: GB.1

To provide for the oath or affirmation of office to be taken or made by each Councillor at the commencement of the first meeting of Council for this term.

Resolved:

(Moved: Councillors Ward/Pettett)

That Council receive and note this report and all Councillors now take the oath/affirmation.

CARRIED UNANIMOUSLY

In accordance with section 233A of the Local Government Act 1993, all elected Councillors must take an oath or make an affirmation of office at or before the first meeting of Council.

The following Councillors took an Oath or Affirmation at this Ordinary Meeting of Council:

Councillor Devlin

Councillor Pettett

Councillor Balachandran

Councillor Ward

Councillor Ngai

Councillor Taylor

Councillor Kay

Councillor Smith

Councillor Spencer

Councillor Wheatley

182

Election of the Mayor for the 2024 - 2026 Term

File: S13912

Vide: GB.2

To elect the Mayor for the October 2024 to September 2026 term.

Resolved:

(Moved: Councillors Spencer/Ward)

That Council:

A. Determine that the method of voting for the position of Mayor is to proceed by open voting.

B. Elect the Mayor for the October 2024 to September 2026 Mayoral term.

CARRIED UNANIMOUSLY

The General Manager called for nominations and announced there were two (2) nominations for the position of Mayor.

Councillors Kay and Smith were nominated and duly accepted the nomination.

The open voting resulted in six (6) votes for Councillor Kay:

Councillors Balachandran, Kay, Ngai, Pettett, Spencer and Taylor

The open voting resulted in four (4) votes for Councillor Smith:

Councillors Devlin, Smith, Ward and Wheatley

Councillor Kay was duly elected to the position of Mayor for the 2024 – 2026 mayoral term.

The Mayor, Councillor Kay assumed the Chair

183

Election of Deputy Mayor for the 2024 - 2026 Mayoral Term

File: S13912

Vide: GB.3

To elect the Deputy Mayor for the October 2024 to September 2025 Mayoral term.

Resolved:

(Moved: Councillors Spencer/Pettett)

That Council:

A. Determine that he method of voting for the position of Deputy Mayor is to proceed by open voting.

B. Determine to elect the Deputy Mayor for the October 2024 to September 2025 Mayoral term.

C. Elect the Deputy Mayor for the agreed term.

CARRIED UNANIMOUSLY

The General Manager assumed the Chair

The General Manager called for nominations and announced there were two (2) nominations for the position of Deputy Mayor.

Councillors Ward and Wheatley were nominated. Councillor Ward withdrew her nomination. Councillor Wheatley duly accepted the nomination.

Councillor Wheatley was duly elected to the position of Deputy Mayor for the 2024 – 2025 mayoral term.

The Mayor, Councillor Kay assumed the Chair

184

Appointments to Council Advisory and Reference Committees

File: S13912

Vide: GB.4

For Council to make appointments to Council’s Advisory and Reference Committees.

Resolved:

(Moved: Councillors Taylor/Wheatley)

That Council:

A. confirm that all advisory and reference committees will continue for the 2024-28 Council term, except for the Sustainable Recreation Advisory Group and the Active Transport Reference Committee. These two committees will be placed on hold and adjourned while a report is prepared and brought back to Council by December 2024 with draft terms of reference to broaden the scope of the Sustainable Recreation Advisory Group into an Environment Committee, and to broaden the scope of the Active Transport Reference Committee into a Net Zero Communities Committee. Councillors are to be consulted in development of the draft terms of reference.

B. appoint a Chairperson and Deputy Chairperson to each advisory and reference committee for the 2024-26 Mayoral term via election by show of hands (except for the Sustainable Recreation Advisory Group and the Active Transport Reference Committee – refer to part A above).

C. reappoint community members to the following committees for the 2024-28 Council term: Arts and Culture Advisory Committee and the Status of Women’s Advisory Committee.

D. note that community membership of the following committees will be reviewed and recommendations brought back to Council by 8 April 2025: Flood Risk Management Committee; Heritage Reference Committee; Multicultural Advisory Committee

E. staff make any required changes to the Advisory and Reference Committee Guidelines.

CARRIED UNANIMOUSLY

Arts and Culture Advisory Committee

Councillor Balachandran was nominated by Councillor Devlin/Pettett for the position of Chair. As there was only 1 nomination, Councillor Balachandran was appointed as Chair of the Arts and Culture Advisory Committee.

Councillor Ward was nominated by Councillor Ngai/Taylor for the position of Deputy Chair. As there was only 1 nomination, Councillor Ward was appointed as Deputy Chair of the Arts and Culture Advisory Committee.

Flood Risk and Management Committee

Councillor Devlin was nominated by Councillor Balachandran/Taylor for the position of Chair. As there was only 1 nomination, Councillor Devlin was appointed as Chair of the Flood Risk and Management Committee.

Councillor Ward was nominated by Councillor Devlin/Balachandran for the position of Deputy Chair. As there was only 1 nomination, Councillor Ward was appointed as Deputy Chair of the Flood Risk and Management Committee.

Heritage Reference Committee

Councillor Wheatley was nominated by Councillor Devlin/Smith for the position of Chair. As there was only 1 nomination, Councillor Wheatley was appointed as Chair of the Heritage Reference Committee.

Councillor Ngai was nominated by Councillor Ward/Taylor and Councillor Balachandran was nominated by Councillor Devlin/Wheatley for the position of Deputy Chair. As there were 2 candidates, voting was conducted.

The open voting resulted in five (5) votes for Councillor Balachandran:

Councillors Balachandran, Devlin, Kay, Spencer and Wheatley

The open voting resulted in five (5) votes for Councillor Ngai:

Councillors Ngai, Pettett, Smith. Taylor and Ward

As there was an equality of votes, the Mayor exercised her casting vote in favour of Councillor Balachandran. Councillor Balachandran was therefore appointed as Deputy Chair of the Heritage Reference Committee.

Ku-ring-gai Traffic Committee

Councillor Devlin was nominated by Councillor Smith/Balachandran and Councillor Spencer was nominated by Councillor Pettett/Ngai for the position of Chair. As there were 2 candidates, voting was conducted.

The open voting resulted in six (6) votes for Councillor Devlin:

Councillors Balachandran, Devlin, Smith, Taylor, Ward and Wheatley

The open voting resulted in four (4) votes for Councillor Spencer:

Councillors Kay, Ngai, Pettett and Spencer,

Councillor Devlin was therefore appointed as the Chair on the Ku-ring-gai Traffic Committee.

Councillor Smith was nominated by Councillors Wheatley/Taylor. As there was only 1 nomination, Councillor Smith was appointed as Alternate Chair of the Ku-ring-gai Traffic Committee.

Multicultural Advisory Committee

Councillor Ward was nominated by Councillor Devlin/Wheatley for the position of Chair. As there was only 1 nomination, Councillor Ward was appointed as Chair of the Multicultural Advisory Committee.

Councillor Balachandran was nominated by Councillor Devlin/Ward for the position of Deputy Chair. As there was only 1 nomination, Councillor Balachandran was appointed as Deputy Chair of the Multicultural Advisory Committee.

Status of Women’s Advisory Committee

The Mayor Councillor Kay was nominated by Councillor Taylor/Devlin for the position of Chair. As there was only 1 nomination, the Mayor Councillor Kay was appointed as Chair of the Status of Women’s Advisory Committee.

Councillor Ward was nominated by Councillor Smith/Ngai and Councillor Balachandran was nominated by the Mayor Councillor Kay/Devlin for the position of Deputy Chair. As there were 2 candidates, voting was conducted.

The open voting resulted in six (6) votes for Councillor Balachandran:

Councillors Balachandran, Devlin, Kay, Pettett, Spencer and Taylor

The open voting resulted in four (4) votes for Councillor Ward:

Councillors Ngai, Smith, Ward and Wheatley

Councillor Balachandran was therefore appointed as the Deputy Chair of the Status of Women’s Advisory Committee.

185

Councillor appointment to the Audit, Risk and Improvement Committee (ARIC)

File: S13912

Vide: GB.5

For Council to appoint a Councillor to the Audit, Risk and Improvement Committee (ARIC).

Resolved:

(Moved: Councillors Taylor/Ward)

That Council appoint a Councillor (other than the Mayor) and alternate(s) who meet the eligibility criteria under the Guidelines for Risk Management and Internal Audit for Local Government in NSW as a non-voting member to the Audit, Risk and Improvement Committee (ARIC) for the 2024-28 Council term.

CARRIED UNANIMOUSLY

Councillor Taylor was nominated by Councillor Ward/Ngai for the position of non-voting member. As there was only 1 nomination, Councillor Taylor was appointed as the non-voting member on the ARIC.

Councillor Wheatley was nominated by Councillor Devlin/Taylor for the position of alternate non-voting member. As there was only 1 nomination, Councillor Wheatley was appointed as the alternate non-voting member on the ARIC.

186

Representation on External Committees and Organisations (including the Sydney North Planning Panel)

File: S13912

Vide: GB.6

For Council to appoint its representatives to external committees and organisations for the 2024-26 Mayoral term, and whether any changes are required to Councillor appointments to the Sydney North Planning Panel (SNPP) following the 2024 Local Government elections.

Resolved:

(Moved: Councillors Spencer/Wheatley)

That Council:

A. appoint Councillors to external committees and organisations for the 2024-26 Mayoral term

B. confirm that current Councillors remain on the Sydney North Planning Panel

C. inform the external committees and organisations of Council’s nominated representatives.

CARRIED UNANIMOUSLY

North Sydney Regional Organisation of Councils (NSROC)

Councillor Ward was nominated by Councillor Devlin/Smith, Councillor Balachandran was nominated by the Mayor Councillor Kay/Wheatley and Councillor Ngai was nominated by Councillor Ward/Taylor for the position of Delegate. As there were 3 candidates, voting was conducted.

The open voting resulted in four (4) votes for Councillor Balachandran:

Councillors Balachandran, Kay, Pettett and Spencer

The open voting resulted in six (6) votes for Councillor Ward:

Councillors Devlin, Ngai, Smith, Taylor, Ward and Wheatley

The open voting resulted in zero (0) votes for Councillor Ngai.

Councillor Ward was therefore appointed as Delegate for the NSROC.

Councillor Balachandran and Councillor Ngai were nominated by Councillor Devlin/Ngai for the two positions of Alternate Delegate. As there were only 2 nominations, Councillor Balachandran and Councillor Ngai were appointed as Alternate Delegates of the NSROC.

North Shore Police Area Command Community Safety Precinct Committee Lindfield-North Sydney

Councillor Ngai was nominated by Councillor Taylor/Wheatley for the position of Delegate. As there was only 1 nomination, Councillor Ngai was appointed as Delegate of the North Shore Police Area Command Community Safety Precinct Lindfield-North Sydney.

North Shore Police Area Command Community Safety Precinct Committee Lindfield-Brooklyn

Councillor Wheatley was nominated by Councillor Devlin/Ward for the position of Delegate. As there was only 1 nomination, Councillor Wheatley was appointed as Delegate of the North Shore Police Area Command Community Safety Precinct Lindfield-Brooklyn.

Ku-ring-gai Youth Development Service (KYDS) Inc. Management Committee

Councillor Taylor was nominated by Councillor Ward/Balachandran for the position of Delegate. As there was only 1 nomination, Councillor Taylor was appointed as Delegate of the KYDS Management Committee.

Councillor Ward was nominated by Councillor Taylor/Smith for the position of Alternate Delegate. As there was only 1 nomination, Councillor Ward was appointed as Alternate Delegate of the KYDS Management Committee.

Hornsby/Ku-ring-gai PCYC Community Engagement Committee

Councillor Ward was nominated by Councillor Ngai/Smith for the position of Delegate. As there was only 1 nomination, Councillor Ward was appointed as Delegate of the Hornsby/Ku-ring-gai PCYC Community Engagement Committee.

Councillor Devlin was nominated by Councillor Taylor/Pettett for the position of Alternate Delegate. As there was only 1 nomination, Councillor Devlin was appointed as Alternate Delegate of the Hornsby/Ku-ring-gai PCYC Community Engagement Committee.

Eryldene Trust Committee

Councillor Wheatley was nominated by Councillor Smith/Pettett for the position of Delegate. As there was only 1 nomination, Councillor Wheatley was appointed as Delegate of the Eryldene Trust Committee.

NSW Public Libraries Association (NSWPLA)

The Mayor Councillor Kay was nominated by Councillor Taylor/Devlin for the position of Delegate. As there was only 1 nomination, The Mayor Councillor Kay was appointed as Delegate of the NSWPLA.

Hornsby/Ku ring gai Rural Fire Service District Liaison Committee

Councillor Devlin was nominated by Councillor Wheatley/Smith for the position of Delegate. As there was only 1 nomination, Councillor Devlin was appointed as Delegate of the Hornsby/Ku ring gai Rural Fire Service District Liaison Committee.

Councillor Smith was nominated by Councillor Ward/Devlin for the position of Alternate Delegate. As there was only 1 nomination, Councillor Smith was appointed as Alternate Delegate of the Hornsby/Ku ring gai Rural Fire Service District Liaison Committee.

Hornsby/Ku ring gai Bush Fire Management Committee (BFMC)

Councillor Devlin was nominated by Councillor Smith/Ward for the position of Delegate. As there was only 1 nomination, Councillor Devlin was appointed as Delegate of the Hornsby/Ku ring gai BFMC.

Councillor Smith was nominated by Councillor Devlin/Ward for the position of Alternate Delegate. As there was only 1 nomination, Councillor Smith was appointed as Alternate Delegate of the Hornsby/Ku ring gai BFMC.

187	Filling Casual Vacancies within 18 months after the Election Date File: S13912 Vide: GB.7
	To confirm how Council will fill any casual vacancies that arise within 18 months of the ordinary election of Councillors.
	Motion: (Moved: The Mayor Councillor Kay/Pettett) That Council A. fill a casual vacancy within 18 months of the ordinary election of Councillors by by-election. Amendment: (Moved: Councillors Ngai/Smith) That Council, A. determine to fill a casual vacancy within 18 months of the ordinary election of Councillors by countback. B. if by countback election, then pursuant to section 291A(1)(b) of the Local Government Act 1993 (the Act), Ku-ring-gai Council declares that casual vacancies occurring in the office of a Councillor within 18 months after the last ordinary election of Councillors for the Council on 14 September 2024 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act. The Council also directs the General Manager to notify the NSW Electoral Commission of Council’s decision within 7 days. For the Amendment: Councillors Ngai, Smith, Taylor and Wheatley Against the Amendment: Councillors Balachandran, Devlin, Kay, Pettett, Spencer and Ward No decision was taken in respect of the above matter as the Amendment when put to the vote was LOST Debate resumed on the Motion.
	Resolved: (Moved: The Mayor Councillor Kay/Pettett) That Council determine to fill a casual vacancy within 18 months of the ordinary election of Councillors by by-election. CARRIED UNANIMOUSLY

The Meeting closed at 8:01pm

The Minutes of the Extraordinary Meeting held on 8 October 2024 (Pages 1 - 10) were confirmed as a full and accurate record of proceedings on Tuesday 26 November.

__________________________ __________________________

General Manager Mayor / Chairperson

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 22 October 2024

Present:	The Mayor, Councillor Christine Kay (Chairperson) Councillors M Devlin & J Pettett (Comenarra Ward) Councillors I Balachandran & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillor M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:	General Manager (David Marshall) Acting Director Community (Virginia Leafe) Director Corporate (Angela Apostol) Director Development & Regulation (Michael Miocic) Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Eliza Gilbank-Heim)

Others Present:	Manager Community Development (Danny Houseas) Manager Urban and Heritage Planning (Antony Fabbro)

The Meeting commenced at 7:00PM

The Mayor offered the Acknowledgement of Country.

188	Apologies File: S02194 The General Manager advised of an apology from the Director Community, Janice Bevan, due to being on leave with Virginia Leafe Acting as Director Community.

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.

Councillor Ward declared a non-significant, non-pecuniary interest in GB.3 Ku-ring-gai Council Community Grants Program 2024 as she serves on the board of SHARE SMR Inc. Councillor Ward will remain in Chambers during debate on this item.

Councillor Ngai declared non-significant, non-pecuniary interest in GB.3 Ku-ring-gai Council Community Grants Program 2024 as he is on the Management Committee of East Lindfield Community Preschool. Councillor Ngai will leave the room for this debate.

Councillor Taylor declared a significant, non-pecuniary interest in GB.3 Ku-ring-gai Council Community Grants Program 2024 as his running mate in the September 2024 Local Government elections is a volunteer and employee of Lindfield Football Club. Councillor Taylor will leave the room for this debate.

Cr Devlin declared a non-significant, non-pecuniary interest in GB.3 Ku-ring-gai Council Community Grants Program 2024 as he has served as a volunteer at St. Edmund’s School in Wahroonga. Councillor Devlin will remain in Chambers for debate on this item.

Cr Pettett declared a non-significant, non-pecuniary interest in GB.3 Ku-ring-gai Council Community Grants Program 2024 as he is a patron of the North Shore District Softball Association. Councillor Pettett will remain in Chambers during debate on this item.

The Mayor Cr Kay declared a non-significant, non-pecuniary interest in GB.15 Post Exhibition - Reclassification of 1192 Pacific Highway, Pymble as she lives in the area. Mayor Kay 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.1 – Acknowledgment of outgoing Council and Welcome to new Councillors

Report by Mayor Kay dated 21 October 2024.

Memorandums:

An update to Attachment A4 for item GB.15 - Post Exhibition - Reclassification of 1192 Pacific Highway, Pymble was also published and circulated to the Mayor and Councillors on 10 October 2024.

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Taylor/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 confidential attachments to the following General Business Reports:

GB.15 Post Exhibition - Reclassification of 1192 Pacific Highway, Pymble

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

Attachment 9: Confidential Legal Advice – Public Hearing Chair

GB.17 Marian Street Theatre - Project Update

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

Attachment 1: Marian Street Theatre - Cost Plan No 6 (Rev 1)

CARRIED UNANIMOUSLY

minutes from the Mayor

189

Acknowledgment of outgoing Council and Welcome to new Councillors

File: S14669

Vide:

As Mayor my first priority is to acknowledge and thank the former Council, which was elected in 2021.

The term of the previous Council was marked by achievements and challenges. The achievements include the opening of a new community space and underground car park in the heart of Lindfield called the Village Green.

We also built a regional playground at St Ives Showground which attracts families from across Sydney, a recreation precinct near St Ives Village Green and hosted new community events such as the Ku-ring-gai Heritage Festival and the Eco Festival.

Other achievements include improvements to our waste services with a focus on recycling; added protection for Ku-ring-gai’s tree canopy and more grants for community-based organisations providing valuable services to our residents.

I thank outgoing Mayor Cr Sam Ngai for his dedication as Mayor for the last twelve months and I also acknowledge the contribution made by former Councillors Greg Taylor and Simon Lennon.

On behalf of the Council and our community, I thank Simon and Greg for their service to our community.

A warm welcome to the incoming Council elected on 14 September, particularly the new Councillors Indu Balachandran and Matthew Devlin and my colleague Cr Kim Wheatley who will serve as Deputy Mayor until September 2025.

As Mayor for the next two years until September 2026, my main priority is to work closely with my Councillor colleagues to address the housing issue.

This is likely to involve extensive community consultation to assess what our residents want to see delivered in terms of new housing.

Both the federal and state government’s housing targets mean the Council must revisit our current plans for new dwellings, in cooperation with our community.

Another priority for me as Mayor is seeing initiatives to protect Ku-ring-gai’s environment put in place.

I look forward to talking more about these priorities in coming months and working closely with my colleagues to progress them.

Resolved:

(Moved: The Mayor, Councillor Kay)

That the Mayor write to outgoing Councillors Greg Taylor and Simon Lennon thanking them for their service

CARRIED UNANIMOUSLY

PETITIONS

Nil

GENERAL BUSINESS

190

Arts and Culture Advisory Committee Meeting Minutes
30 July 2024

File: S14328

Vide: GB.1

To provide Council with the minutes from Arts and Culture Advisory Committee meeting held on 30 July 2024.

Resolved:

(Moved: Councillors Taylor/Pettett)

That Council receive and note the minutes from the Arts and Culture Advisory Committee meeting held on 30 July 2024.

CARRIED UNANIMOUSLY

191

Multicultural Advisory Committee Meeting
Minutes 6 August 2024

File: S04141

Vide: GB.2

To provide Council with the minutes from Multicultural Advisory Committee meetings held on 6 August 2024.

Resolved:

(Moved: Councillors Taylor/Pettett)

That Council receive and note the minutes from the Multicultural Advisory Committee meeting held on 6 August 2024.

CARRIED UNANIMOUSLY

192

Draft Grants Sponsorships Donations and Environmental Rebates Policy

File: FY00432/15

Vide: GB.4

For Council to consider the draft Grants Sponsorships Donations and Environmental Rebates Policy.

Resolved:

(Moved: Councillors Taylor/Pettett)

That the draft Grants, Sponsorships Donations and Environmental Rebates Policy be placed on public exhibition for a period of 28 days.

If any submissions are received, the matter be reported back to Council following the consultation period.

If no submissions are received, that Council adopt the policy.

CARRIED UNANIMOUSLY

193

Draft General and Special Purpose Financial Statements for the year ended 30 June 2024

File: FY00259/17

Vide: GB.6

To present to Council the Draft Financial Statements for the year ended 30 June 2024 for certification and referral to Council’s external auditor, the Audit Office of NSW.

Resolved:

(Moved: Councillors Taylor/Pettett)

That Council receive and certify the Draft Financial Statements for the year ended 30 June 2024.

That the Draft Financial Statements be referred to Council’s external auditor, the Audit Office of NSW to provide an opinion on the Financial Statements ended 30 June 2024 and to report to Council.

That the Draft Financial Statements ended 30 June 2024 be certified by the Mayor, Deputy Mayor or one other Councillor, the General Manager and the Responsible Accounting Officer in accordance with Section 413(2)(C) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.

That 26 November 2024 be fixed as the date for the meeting to adopt the audited Financial Statements and the audit reports for the year ended 30 June 2024 as required by Section 419 of the Local Government Act 1993.

CARRIED UNANIMOUSLY

194

Investment Report as at 31 August 2024

File: FY00623/7

Vide: GB.7

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

Resolved:

(Moved: Councillors Taylor/Pettett)

That:

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

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

CARRIED UNANIMOUSLY

195

Investment Report as at 30 September 2024

File: FY00623/7

Vide: GB.8

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

Resolved:

(Moved: Councillors Taylor/Pettett)

That:

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

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

CARRIED UNANIMOUSLY

196

Disclosures of Interest Returns Register

File: CY00440/12

Vide: GB.9

To table Council’s Clause 4.23 Disclosure of Interest Returns Register in accordance with Schedule 1 of the Ku-ring-gai Council Code of Conduct (the Code).

Resolved:

(Moved: Councillors Taylor/Pettett)

That the tabling of the Disclosure of Interest Returns Register be noted.

CARRIED UNANIMOUSLY

197

Submission on review of the Councillor Conduct Framework

File: CY00473/11

Vide: GB.10

To approve a submission to the review of the NSW Government’s Councillor Conduct Framework.

Resolved:

(Moved: Councillors Taylor/Pettett)

That Council approve the draft submission to the review of the Councillor Conduct Framework at Attachment A2.

CARRIED UNANIMOUSLY

198

Post-exhibition report - Code of Meeting Practice

File: CY00438/12

Vide: GB.11

To adopt the Ku-ring-gai Council Code of Meeting Practice.

Resolved:

(Moved: Councillors Taylor/Pettett)

That:

A. Council adopt the Code of Meeting Practice (Attachment A1)

B. New provisions relating to webcasting and remote participation come into effect for the November 2024 public forum.

CARRIED UNANIMOUSLY

199

Policy Updates post-exhibition - Contaminated Land Policy and Bushland Illegal Dumping and Encroachment Policy

File: CY00826/2

Vide: GB.12

For Council to adopt the revised Contaminated Land Policy and Bushland Illegal Dumping and Encroachment Policy.

Resolved:

(Moved: Councillors Taylor/Pettett)

That Council adopt the Bushland Dumping and Encroachment Policy and Contaminated Land Policy

CARRIED UNANIMOUSLY

200

Ministerial Statement of Expectations Order

File: S14428

Vide: GB.13

To advise Council of the recently made Environmental Planning and Assessment (Statement of Expectations) Order 2024.

Resolved:

(Moved: Councillors Taylor/Pettett)

A. That Council receive and note this report.

B. Council note that at such time as 10 and 20 year housing targets are released by the Planning Secretary, a further report will be presented to Council in relation to reviewing Council’s Local Strategic Planning Statement.

CARRIED UNANIMOUSLY

201

Planning Proposal Pymble Golf Club 4, 12 & 14 Cowan Road St Ives - Council Submission on Exhibition

File: S12645

Vide: GB.16

For Council to consider a submission on the planning proposal for 4, 12 & 14 Cowan Road, St Ives (Pymble Golf Club).

Resolved:

(Moved: Councillors Taylor/Pettett)

That Council make a submission to the NSW Department of Planning, Housing and Infrastructure supporting finalisation of Planning Proposal PP-2022-2519 subject to the proposal being amended to incorporate an additional local provision specific for this site which requires an affordable housing contribution of at least 10%, either monetary or in kind (in perpetuity), as part of future development on the site.

CARRIED UNANIMOUSLY

202

Urban Development Program - Eastern Sydney North

File: CY00905/2

Vide: GB.18

To have Council provide feedback on the Urban Development Program (UDP) for Ku-ring-gai LGA as part of the Eastern Sydney (North) Region.

Resolved:

(Moved: Councillors Taylor/Pettett)

That the Ku-ring-gai Urban Development Plan (UDP) Workbook be updated to include the addition of State and regional infrastructure as identified in Attachment A1 and be submitted to the Department of Planning, Housing and Infrastructure.

CARRIED UNANIMOUSLY

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

203

Ku-ring-gai Council Community Grants Program 2024

File: FY00432/15

Vide: GB.3

To advise Council of applications received for the 2024 Ku-ring-gai Council Community Grants Program, and to recommend funding for community and cultural groups.

Resolved:

(Moved: Councillors Smith/Spencer)

That the following community and cultural groups receive the recommended funding amounts from Council in 2024:

CATEGORY 1: Small Equipment

Name of Organisation	Amount Recommended
East Lindfield Community Preschool	$1,850.00
NorthLight Anglican Church - West Lindfield	$1,440.00
UTS Football Club	$755.00
1st Pymble Scout Group	$600.00
West Pymble Bicentennial (Bowling) Club	$1,850.00
Chabad North Shore	$800.00
Sing Australia Gordon	$730.00
Computer Pals for Seniors Turramurra (CPST)	$1,850.00
2nd Turramurra Scout Group	$1,850.00
The Uniting Church in Australia Property Trust (NSW) on behalf of UCA Gordon-Pymble Uniting Church	$1,750.00
Christ Church St Ives	$1,000.00
Eryldene Historic House & Gardens	$1,850.00
North Shore District Softball Association	$1,735.00
Lindfield Football Club	$1,850.00
West Pymble Cricket Club	$1,850.00
2nd/3rd Lindfield Scout Group	$1,350.00
West Pymble Scout Group	$1,430.00
St John Ambulance Australia (NSW)	$1,695.00
Total	$26,235.00

CATEGORY 2: Community Development

Name of Organisation	Amount Recommended
AASHA Australia Foundation	$2,500.00
Empowering Parents In Crisis (EPIC)	$3,850.00
Chabad House Of The North Shore	$2,500.00
Men’s Kitchen Association Limited	$3,000.00
Blue Apple Art Studios, Unisson Disability	$1,500.00
St Ives Netball Club Incorporated	$1,500.00
Hornsby Ku-ring-gai Women’s Shelter	$4,000.00
Harman Foundation Limited	$2,000.00
CASS Care Ltd	$3,000.00
The Scout Association of Australia New South Wales Branch	$2,000.00
Ku-ring-gai Little Athletics Inc	$3,000.00
Russian Community Group	$2,500.00
Expand Now	$800.00
Streetwork Australia Limited	$2,600.00
St Lucy's School	$3,600.00
North Shore District Softball Association	$1,900.00
Total	$40,250.00

CATEGORY 3: Arts & Cultural

Name of Organisation	Amount Recommended
The Cavalcade of History and Fashion	$1,700.00
St Ives High School Parents & Citizens Association Incorporated	$2,000.00
Dance of Love Incorporated	$2,100.00
Hornsby Ku-ring-gai Parkinson's Association Inc.	$3,040.00
The North Shore Synagogue	$920.00
AASHA Australia Foundation	$2,500.00
SHARE SMR Inc	$2,500.00
Hornsby Ku-ring-gai Community College	$1,500.00
Dae Hahn Culture School	$2,500.00
CASS Care Ltd	$3,000.00
Ku-ring-gai Youth Orchestra Incorporated	$1,800.00
StreetWork Australia Limited	$3,650.00
Total	$27,210.00

CARRIED UNANIMOUSLY

Councillor Ngai and Councillor Taylor returned to the chambers.

204	Chanukah Menorah Display File: CY00817/2 Vide: GB.5
	To advise Council of a request from Chabad North Shore to install and display a Menorah outside the Council Chambers, to acknowledge the Jewish holiday of Chanukah.
	Motion: (Moved: Councillors Taylor/Balachandran) That Council support the proposal from Chabad North Shore to install and display a Menorah outside the Council Chambers, 818 Pacific Highway, Gordon targeting the period from 23December 2024 to 3 January 2025; and, That faith-based and cultural groups within the community are encouraged to submit similar proposals that promote inclusivity, celebrate Ku-ring-gai’s rich cultural and religious diversity, and reflect our community’s multifaith and multicultural composition. Amendment: (Moved: Councillors Smith/Wheatley) That Council support the proposal from Chabad North Shore to install and display a Menorah outside the Council Chambers, 818 Pacific Highway, Gordon from 15December 2024 to 5January 2025. That faith-based and cultural groups within the community are encouraged to submit similar proposals that promote inclusivity, celebrate Ku-ring-gai’s rich cultural and religious diversity, and reflect our community’s multifaith and multicultural composition. The Amendment was put and CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Smith/Wheatley) That Council support the proposal from Chabad North Shore to install and display a Menorah outside the Council Chambers, 818 Pacific Highway, Gordon from 15December 2024 to 5January 2025. That faith-based and cultural groups within the community are encouraged to submit similar proposals that promote inclusivity, celebrate Ku-ring-gai’s rich cultural and religious diversity, and reflect our community’s multifaith and multicultural composition. CARRIED UNANIMOUSLY

205

Post Exhibition - Reclassification of 261 Mona Vale Road, St Ives

File: S14461

Vide: GB.14

For Council to consider the submissions received during the public consultation on the reclassification of 261 Mona Vale Road, St Ives from Community land to Operational land.

Resolved:

(Moved: Councillors Pettett/Spencer)

A. That Council adopts the Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community to Operational land.

B. That the Planning Proposal be submitted to the Department of Planning, Housing and Infrastructure (DPHI) in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979, and DPHI be requested to make the plan.

C. That delegation be given to the General Manager and Director Strategy and Environment to correct any minor errors or inconsistencies in the Planning Proposal prior to it being submitted to DPHI for finalisation.

D. That those persons who made a submission to the exhibition or to the public hearing be notified of Council’s decision.

For the Resolution: Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley

Against the Resolution: The Mayor, Councillor Kay

CARRIED

206	Post Exhibition - Reclassification of 1192 Pacific Highway, Pymble File: S14462 Vide: GB.15
	For Council to consider the submissions received during the public consultation on the reclassification of 1192 Pacific Highway, Pymble from Community land to Operational land.
	Motion: (Moved: The Mayor, Councillor Kay/Taylor) A. That Council resolves not to reclassify the land at 1192 Pacific Highway, Pymble from Community land to Operational land. B. That, in accordance with Cl. 3.35(4) of the Environmental Planning and Assessment Act 1979, Council request the Minister to determine that Planning Proposal not proceed. C. Council note the interest of the local community in collaborating with Ku-ring-gai Council’s Bushcare team to develop a program aimed at improving the health and quality of the bushland within 1192 Pacific Highway, Pymble. Amendment: (Moved: Councillors Ngai/Wheatley) A. That Council adopts the Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community to Operational land, noting that: i. As reported by council officers, some of the feedback provided by the state agencies is not based on correct assumptions. ii. There has been interest from community submissions in retaining public access to the land for open space and the preservation of habitat. iii. The current configuration of 1192 makes inclusivity, public access and safety difficult. iv. There is a willingness from Council to explore sale of 1192 to an adjacent property owner if it can be linked to a Voluntary Planning Agreement (VPA) that re-dedicates a material portion of the existing 1192 back to the public, improves accessibility of this portion to the public, and provides additional development rights elsewhere on the consolidated site. v. Council may subsequently decide to reclassify the land to community land within the next four years if a VPA is not achieved. B. That the Planning Proposal be submitted to the Department of Planning, Housing and Infrastructure (DPHI) in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979, and DPHI be requested to make the plan. C. That delegation be given to the General Manager and Director Strategy and Environment to correct any minor errors or inconsistencies in the Planning Proposal prior to it being submitted to DPHI for finalisation. D. That those persons who made a submission to the exhibition or to the public hearing be notified of Council’s decision. E. That Council may consider the divestment of 1192 Pacific Highway, Pymble in accordance with Council’s Acquisition and Divestment of Land Policy once the land is formally classified as Operational Land under KLEP 2015, with final approval subject to the parameters of a VPA. F. That Council authorises the General Manager and/or his delegate to commence negotiations to divest the land based on market valuation advice and in accordance with Council’s Acquisition and Divestment of Land Policy. G. That Council authorises the Mayor and General Manager to execute, under delegation, all documentation associated with the conveyance and any future transactions for the divestment of the land. H. That the net proceeds from the sale of 1192 Pacific Highway, Pymble be allocated to Council’s Restricted Assets – Local Parks and Sporting Facilities – North and utilised for projects for the acquisition and embellishment of open space. The Amendment was put and declared CARRIED. For the Amendment: Councillors Balachandran, Devlin, Ngai, Smith, Ward and Wheatley Against the Amendment: The Mayor, Councillor Kay, Pettett, Spencer and Taylor The Motion was put and declared CARRIED. For the Motion: Councillors Balachandran, Devlin, Ngai, Smith, Taylor, Ward and Wheatley Against the Motion: The Mayor, Councillor Kay, Pettett and Spencer
	Resolved: (Moved: Councillors Ngai/Wheatley) A. That Council adopts the Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community to Operational land, noting that: i. As reported by council officers, some of the feedback provided by the state agencies is not based on correct assumptions. ii. There has been interest from community submissions in retaining public access to the land for open space and the preservation of habitat. iii. The current configuration of 1192 makes inclusivity, public access and safety difficult. iv. There is a willingness from Council to explore sale of 1192 to an adjacent property owner if it can be linked to a Voluntary Planning Agreement (VPA) that re-dedicates a material portion of the existing 1192 back to the public, improves accessibility of this portion to the public, and provides additional development rights elsewhere on the consolidated site. v. Council may subsequently decide to reclassify the land to community land within the next four years if a VPA is not achieved. B. That the Planning Proposal be submitted to the Department of Planning, Housing and Infrastructure (DPHI) in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979, and DPHI be requested to make the plan. C. That delegation be given to the General Manager and Director Strategy and Environment to correct any minor errors or inconsistencies in the Planning Proposal prior to it being submitted to DPHI for finalisation. D. That those persons who made a submission to the exhibition or to the public hearing be notified of Council’s decision. E. That Council may consider the divestment of 1192 Pacific Highway, Pymble in accordance with Council’s Acquisition and Divestment of Land Policy once the land is formally classified as Operational Land under KLEP 2015, with final approval subject to the parameters of a VPA. F. That Council authorises the General Manager and/or his delegate to commence negotiations to divest the land based on market valuation advice and in accordance with Council’s Acquisition and Divestment of Land Policy. G. That Council authorises the Mayor and General Manager to execute, under delegation, all documentation associated with the conveyance and any future transactions for the divestment of the land. H. That the net proceeds from the sale of 1192 Pacific Highway, Pymble be allocated to Council’s Restricted Assets – Local Parks and Sporting Facilities – North and utilised for projects for the acquisition and embellishment of open space. For the Resolution: Councillors Balachandran, Devlin, Ngai, Smith, Taylor, Ward and Wheatley Against the Resolution: The Mayor, Councillor Kay, Pettett and Spencer CARRIED

Councillor Ngai left and returned to Chambers during debate on the following item.

207	Marian Street Theatre - Project Update File: S12062-3 Vide: GB.17
	This report outlines the likely costs and timetable to redevelop the Marian Street Theatre in accordance with Development Application DA 0144/20 (Attachment A2) and the actions to be taken to achieve substantial commencement by 19August 2026.
	Motion: (Moved: The Mayor, Councillor Kay/Spencer) That Council receive and note the update report on the likely costs and timetable to redevelop the Marian Street Theatre in accordance with Development Application DA 0144/20 and the actions required to be taken to achieve substantial commencement. That staff brief Council on the likely costs of implementing works required to preserve Development Application DA 0144/20 in order to achieve substantial commencement. Amendment: (Moved: Councillors Balachandran/Taylor) Receive and note the update report on the likely costs and timetable to redevelop the Marian Street Theatre in accordance with Development Application DA 0144/20 and the actions required to be taken to achieve substantial commencement. Note that Ethos Urban have been commissioned to prepared and submit a s.4.55 modification to address the sequencing of development consent conditions to facilitate limited works, preferably relating to the new access road through Selkirk Park to preserve the consent. Approve a budget of up to $300,000 for the FY25/26 budget to facilitate the construction of the most cost-effective, limited works to preserve the development consent into which significant time, community consultation and financial cost has been invested. These limited works could involve either the external driveway or internal demolition works. Council staff are authorised to identify the most cost-effective, contained, and complementary element within the broader program of works. It is noted that a funding plan for the full cost of the project and requisite approval will be required to progress further construction. The Amendment was put. For the Amendment: The Mayor, Councillor Kay, Balachandran, Ngai, Spencer and Taylor Against the Amendment: Councillors Devlin, Pettett, Smith, Ward and Wheatley As there was an equality of votes, the Mayor exercised her casting vote in favour of the Amendment and it was declared CARRIED. Debate resumed on the Motion. AMENDMENT: (Moved: Councillors Spencer/Pettett) Council receive and note this report. The Amendment was put. For the Amendment: Councillor Spencer Against the Amendment: The Mayor, Councillor Kay, Balachandran, Devlin, Ngai, Pettett, Smith, Taylor, Ward and Wheatley The Amendment was declared LOST. Debate resumed on the Motion. AMENDMENT: (Moved: Councillors Smith/Ward) Receive and note the update report on the likely costs and timetable to redevelop the Marian Street Theatre in accordance with Development Application DA 0144/20 and the actions required to be taken to achieve substantial commencement. Note that Ethos Urban have been commissioned to prepared and submit a s.4.55 modification to address the sequencing of development consent conditions to facilitate limited works, preferably relating to the new access road through Selkirk Park to preserve the consent. That Council give consideration to the allocation of funding for works to preserve the development consent for the Marian Street Theatre during the budget deliberations for the 25/26 financial year. The Amendment was put. For the Amendment: The Mayor, Councillor Kay, Devlin, Ngai, Pettett, Spencer, Smith, Ward and Wheatley Against the Amendment: Councillors Balachandran and Taylor The Amendment was declared CARRIED. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Smith/Ward) Receive and note the update report on the likely costs and timetable to redevelop the Marian Street Theatre in accordance with Development Application DA 0144/20 and the actions required to be taken to achieve substantial commencement. Note that Ethos Urban have been commissioned to prepared and submit a s.4.55 modification to address the sequencing of development consent conditions to facilitate limited works, preferably relating to the new access road through Selkirk Park to preserve the consent. That Council give consideration to the allocation of funding for works to preserve the development consent for the Marian Street Theatre during the budget deliberations for the 25/26 financial year. CARRIED UNANIMOUSLY

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

NIL

QUESTIONS WITH NOTICE

NIL

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

NIL

The Meeting closed at 8:51pm.

The Minutes of the Ordinary Meeting of Council held on 22 October 2024 (Pages 1 - 29) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>.

__________________________ __________________________

General Manager Mayor / Chairperson

Minute Ku-ring-gai Council Page

MINUTES OF Extraordinary Meeting
HELD ON Wednesday, 30 October 2024

Present:	The Mayor, Councillor Christine Kay (Chairperson) Councillors M Devlin & J Pettett (Comenarra Ward) Councillors I Balachandran & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillor M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:	General Manager (David Marshall) Director Community (Janice Bevan) Director Corporate (Angela Apostol) Director Development & Regulation (Michael Miocic) Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Governance Support Officer (Eliza Gilbank-Heim)

Others Present:	Group Lead Major Projects (Geoffrey Douglas) Team Leader Urban Planning (Craige Wyse) Team Leader Urban Design (Bill Royal)

The Meeting commenced at 7:00 PM

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.

No Interest was declared.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Memorandums:

A memorandum for Item GB.1 – Planning for better outcomes – Alternative Scenarios to the TOD SEPP was circulated to the Mayor and Councillors on 29 October 2024.

PETITIONS

Nil

GENERAL BUSINESS

192

TfNSW Commuter Car Park Funding Deed for Lindfield Village Hub - Legal Advice

File: S12165-4-6

Vide: C.2

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

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

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

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

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

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

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

(iii) reveal a trade secret.

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

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

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

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

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

(iii) reveal a trade secret.

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

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

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

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

(b) is clearly identified in the advice, and

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

Report by General Manager dated 17 October 2024

Resolved:

(Moved: Councillors Ngai/Taylor)

That Council authorise the General Manager to implement the Proposed Actions identified in this report.

CARRIED UNANIMOUSLY

193	Planning for better outcomes - Alternative Scenarios to the TOD SEPP File: S14427 Vide: GB.1
	To seek Council’s endorsement of draft land use options for public exhibition commencing in November 2024.
	Motion: (Moved: Councillors Ngai/Taylor) That Council: Receive and note the contents of this report on alternative scenarios to the TOD SEPP amendments for the corridor between Roseville and Gordon stations. Note that the base case (Scenario 1) represents the TOD SEPP as gazetted, not planning controls that pre-existed the TOD amendments. Note that the primary objectives for the alternate scenarios outlined in this report are: i. to retain and protect Heritage Conservation Areas (HCAs); ii. to improve urban canopy outcomes; and iii. meet the dwelling targets stipulated by the State Government for the TOD Program. Place Scenario 1 TOD (base case) on public exhibition for comparative purposes. Place Scenario 2 on public exhibition. Place Scenario 3a on public exhibition. Place Scenario 3b on public exhibition. Place Scenario 2b on public exhibition, noting it requires further development prior to exhibition, as per the memorandum from the Director Strategy and Environment dated 29 October 2024. Note that a report will be submitted to Council’s February Ordinary Meeting outlining the outcomes of community engagement in relation to alternative scenarios to the TOD SEPP amendments. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Ngai/Taylor) That Council: Receive and note the contents of this report on alternative scenarios to the TOD SEPP amendments for the corridor between Roseville and Gordon stations. Note that the base case (Scenario 1) represents the TOD SEPP as gazetted, not planning controls that pre-existed the TOD amendments. Note that the primary objectives for the alternate scenarios outlined in this report are: i. to retain and protect Heritage Conservation Areas (HCAs); ii. to improve urban canopy outcomes; and iii. meet the dwelling targets stipulated by the State Government for the TOD Program. Place Scenario 1 TOD (base case) on public exhibition for comparative purposes. Place Scenario 2 on public exhibition. Place Scenario 3a on public exhibition. Place Scenario 3b on public exhibition. Place Scenario 2b on public exhibition, noting it requires further development prior to exhibition, as per the memorandum from the Director Strategy and Environment dated 29 October 2024 Note that a report will be submitted to Council’s February Ordinary Meeting outlining the outcomes of community engagement in relation to alternative scenarios to the TOD SEPP amendments. CARRIED UNANIMOUSLY

194

Communications and consultation program - Alternative Scenarios to the TOD SEPP

File: S14427

Vide: GB.2

To present to Council a draft communication and community engagement program in relation to proposed land-use scenarios being considered by Council as alternatives to the Transport Oriented Development (TOD) State Environmental Planning Policy (SEPP).

Resolved:

(Moved: Councillors Spencer/Pettett)

That Council:

A. That Council endorse the proposed communication and engagement activities for land-use scenarios in TOD precincts between Roseville to Gordon, as outlined in this report.

B. That Council allocate a provisional amount of $200,000 to support these activities, while noting this amount may be amended as costs are confirmed and will be subject to the quarterly budget review process.

CARRIED UNANIMOUSLY

195

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Ward/Pettett)

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:

C.1 Land and Environment Court - TOD SEPP

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

Attachment 1: Mayoral Minute 13 August 2024

C.2 TfNSW Commuter Car Park Funding Deed for Lindfield Village Hub -

Legal Advice

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

Attachment 1: Shaw Reynolds Legal Advice 21 October 2023

CARRIED UNANIMOUSLY

196

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Ward/Pettett)

GB.1 Planning for better outcomes - Alternative Scenarios to the TOD SEPP

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

Attachment 1: Atlas Economics - TOD Feasibility Advice

CARRIED UNANIMOUSLY

Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following items
after a Motion moved by Councillors Ngai and Wheatley
was CARRIED UNANIMOUSLY.

197

Land and Environment Court - TOD SEPP

File: S14468

Vide: C.1

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.

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

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

(b) is clearly identified in the advice, and

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

Report by General Manager dated 23 October 2024.

MOTION:

(Moved: Councillors Balachandran/Devlin)

That in relation to the matters in this report, Council adopt the content of the document marked “C1” and dated and initialled by the Mayor.

AMENDMENT:

(Moved: Councillors Ngai/Smith)

That Council’s position in relation to the matters in this report has not changed since 13 August 2024.

The Amendment was put.

For the Amendment: Councillors Ngai, Pettett, Smith, Ward and Wheatley

Against the Amendment: The Mayor, Councillor Kay, Balachandran, Devlin, Spencer and Taylor

As there was an equality of votes, the Mayor exercised her casting vote against the Amendment and it was declared LOST.

Debate resumed on the Motion.

AMENDMENT:

(Moved: Councillors Pettett/Smith)

That this matter be deferred.

The Amendment was put and declared CARRIED UNANIMOUSLY.

The Amendment became the Motion.

The Motion was put and declared LOST.

For the Amendment: Councillor Ngai

Against the Amendment: The Mayor, Councillor Kay, Balachandran, Devlin, Pettett, Smith, Spencer, Taylor, Ward and Wheatley

No decision was taken on this matter and therefore it lapsed.

Council resolved to return to Open Council which was
moved by Councillors Taylor and Smith
and CARRIED UNANIMOUSLY.

The Meeting closed at 8:56pm

The Minutes of the Extraordinary Meeting held on 30 October 2024 (Pages 1 - 38) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>.

__________________________ __________________________

General Manager Mayor / Chairperson

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.	Integrated risk management, compliance and internal control systems are in place to identify, assess, monitor and manage risks throughout the organisation.	Manage, coordinate, support and facilitate the effective operation of Council’s Internal Audit function.

Ordinary Meeting of Council - 26 November 2024	GB.3 / 1

Item GB.3	FY00259/15

General and Special Purpose Financial Statements for the year ended 30 June 2024

EXECUTIVE SUMMARY

purpose of report:	To present to Council the Annual Financial Statements for the year ended 30 June 2024 and audit reports from the Audit Office of NSW, and to provide a summary of Council’s financial performance and financial position at 30 June 2024.

background:	On 22 October 2024, Council resolved to receive and certify the Draft Financial Statements for the 2023/24 and to refer them to the external auditor. Council also resolved to fix 26 November 2024 as the date for the public meeting to present the statements and audit reports in accordance with Section 419(1) and 419(2) of the Local Government Act

comments:	The Financial Statements show an operating surplus of $21.69m including capital grants and contributions. If capital grants and contributions are excluded, the operating surplus is $1.51m, and when considered with other financial indicators, it demonstrates that Council is in a sound financial position. The Operating surplus is a non-cash indicator, it represents the increase in Council’s equity and excludes capital expenditure. This surplus is used for capital works and reserves for future expenditure.

recommendation:	That Council receive the audited Financial Statements for the year ended 30 June 2024 and the auditor’s report from the Audit Office of NSW.

Purpose of Report

To present to Council the Annual Financial Statements for the year ended 30 June 2024 and audit reports from the Audit Office of NSW, and to provide a summary of Council’s financial performance and financial position at 30 June 2024.

Background

In accordance with Section 413(2)(C) of the Local Government Act 1993, Council must prepare a statement on the General Purpose Financial Reports as to its opinion on the reports prior to referring them to audit.

On 22 October 2024, Council resolved to receive and certify the Draft Financial Statements for 2023/24 and to refer them to the external auditor. The following certifications were made by the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer:

That Council’s General Purpose Financial Statements have been prepared in accordance with:

* The Local Government Act 1993 (as amended) and Regulations made thereunder

* The Australian Accounting Standards and professional pronouncements

* The Local Government Code of Accounting Practice and Financial Reporting

And that to the best of Council’s knowledge and belief that the statements:

* present fairly the Council’s operating result and financial position for the year;

* accord with Council’s accounting and other records.

That Council’s Special Purpose Financial Statements have been prepared in accordance with:

* The NSW Government Policy Statement “Application of National Competition policy to Local Government”.

* The Division of Local Government Guidelines “Pricing and Costing for Council Businesses – A Guide to Competitive Neutrality”.

* The Local Government Code of Accounting Practice and Financial Reporting

And that to the best of Council’s knowledge and belief that the statements:

* present fairly the Council’s operating result and financial position of Council’s declared Business Activities for the year,

* accord with Council’s accounting and other records.

These Financial Statements have also been endorsed by the Audit, Risk & Improvement Committee (ARIC) on 12 September 2024.

Comments

Council’s external auditor, the Audit Office of NSW audited the General Purpose Financial Statements and Special Purpose Financial Statements for the financial year ended 30 June 2024 and expressed an opinion on the financial statements based on their audit. The Auditor’s letter forms part of the Annual Financial Statements and includes the following opinion:

Auditor’s opinion

In my opinion,

· the Council’s accounting records have been kept in accordance with the requirements of the Local Government Act 1993, Chapter 13, Part 3, Division 2 (the Division)

· the financial statements:

- have been prepared, in all material respects, in accordance with the requirements of this Division

- are consistent with the Council’s accounting records

- present fairly, in all material respects, the financial position of the Council as at 30 June 2024, and of its financial performance and its cash flows for the year then ended in accordance with Australian Accounting Standards

· all information relevant to the conduct of the audit has been obtained

· no material deficiencies in the accounting records or financial statements have come to light during the audit.

Subsequent to the meeting on 22 October 2024 and the receipt of the Auditor’s letter, the Annual Financial Statements were placed on public exhibition. Written submissions from the public were invited, but at the time of writing this report none were received. Submissions received up to 4.30pm on 26 November 2024 will be circulated to Councillors on the night of the meeting. Section 420 of the Act requires that all submissions in respect of the audited Financial Statements must be in writing and must be lodged with the Council within 7 days after this meeting. Copies of all submissions received must be referred to Council’s external auditor.

This is the final stage of the process of adopting the Financial Statements for 2023/24.

The audited financial statements, together with the audited reports for the year ended 30 June 2024 are hereby presented to Council. The Financial Statements are presented under separate cover.

Financial Performance and Position of Council as at 30 June 2024

The comments below provide highlights of Council’s financial performance during 2023/24 and position as at 30 June 2024, which were also included in the October OMC Report (General and Special Purpose Financial Statements for the year ended 30 June 2024

A summary of the financial results from the Financial Statements is presented below:

RESULTS FOR THE YEAR

Operating Result

Council’s net operating result for the 2023/24 financial year is disclosed in the Income Statement. Council’s operating result is satisfactory. For the financial year ended 30 June 2024 Council had an operating surplus excluding revenue from capital grants and contributions of $1.51m compared to $10.08m in the previous year (2022/23). This is mainly due to a one - off $5m Roads Repair Program (RLRRP) grant received in FY 2022/23 and a $3m increase in depreciation expense mainly resulting from a comprehensive assessment of drainage assets and indexation of other asset classes. In addition, the increased material and contract costs were partially offset by higher interest income.

The operating result (shown separately as including and excluding capital grants and contributions) for the last two financial years is provided in the chart below.

The Income Statement below sets out the results for the year by revenue and expenditure items and the variance from previous year.

REVENUE ITEMS

During the 2023/24 financial year Council received $175.96m in income compared to $168.31m, an increase of 5%. The income from continuing operations was derived from the following sources:

Rates & Annual Charges

Rates and annual charges contributed $98.31m compared to $94.65m in 2022/23. Rates income, including special levies, increased by a total of 3.9% from the last financial year which is generally in line with the increase in the rate peg.

User Charges & Fees

User Charges and Fees totalled $22.96m compared to $21.62m in 2022/23, an increase of 6.2%. This category of income mainly includes regulatory/statutory fees, sports fields and community facilities hire. The increase from the previous financial year was mainly due to higher activity in tennis, golf, aquatic centre, rezoning fees, trade waste charges and restoration fees. This is partially offset by lower holiday activities, art centres, family day care, and building regulation fees.

Other Revenue

Other revenue includes income from parking fines, statutory fines and other type of income not included in fees and charges. Revenue in this category increased by 22.1% from previous year to $6.33m from $5.18m in 2022/23, largely driven by higher parking and other fines, program fees, licence income, and legal fees recovery, this is partially offset by a decline in dog registration fees.

Operating Grants and Contributions

During 2023/24 a total of $9.98m was received compared to $17.43m (2022/23) in operating grants and contributions. This is a decrease of 42.7% on the previous financial year largely due to a one -off $5m Regional and Local Roads Repair Program (RLRRP) and a one-off $1.3m 2019 Storm Relief contribution received in 2022/23. Additionally, there was a reduction in the cash received from the financial assistance grant (FAG) in the current year.

Capital Grants and Contributions

During 2023/24 a total of $20.18m was received in capital grants and contributions, a $5.42m increase compared to the previous financial year. This increase was primarily driven by additional income from S7.11 development contributions and higher recreation and cultural grants.

Interest and Investment Revenue

A total of $9.32m compared to $7.03m in 2022/23 was received from interest revenue. The increase is mainly due to higher interest rates on term deposits and other investments in 2023/24. Total Cash and Investments at the end of the financial year totalled $212.62m with an average return of 4.36% p.a. for the financial year outperforming the average of 3.08% the year before.

Other Income

Other Income includes fair value increment on investment property (non-cash) and rental income. Total income in this category increased by $1.2m, mainly due to higher rental income from community and commercial property portfolio (ie. childcare facilities, St Ives precinct, rental from S7.11 acquired properties (restricted)) and a small increase of $0.3m from the investment property.

EXPENDITURE ITEMS

Total Operating Expenses for the financial year ended 30 June 2024 were $154.27m, compared to $143.47m in 2022/23, this is an increase of 7.5% on the previous financial year.

Employee Benefits and On-costs

Employee Costs include salaries and wages, ELE entitlements superannuation, workers compensation, FBT and other minor expenses. Employee costs were $49.12m compared to $45.90m in 2022/23, which is an increase of 7% on the previous financial year. The increase is in line with the labour award, performance increases and higher on cost rates.

Materials & Contracts

Materials & Contracts is the largest category of expenditure representing 46% of the total expenditure. A total of $71.75m compared to $67.52m in 2022/23 was spent on Materials and Contracts, an increase of 6% on the previous financial year. This is mainly driven by rising costs in contractors, raw materials and consumables. In addition, higher expenses are noted for training, computer software charges, audit fees, insurance, external plant hire, subscriptions and publications and others. These were partially offset by a reduction in costs for street lighting, conferences, and advertising.

Borrowing Costs

Borrowing costs totalled $1.32m compared to $1.44m in 2022/23. The saving is mainly due to reduced principal as a result of ongoing repayments.

Depreciation and Amortisation

Depreciation expense totalled $25.95m compared to $22.48m in 2022/23. A 15% increase

as result of a larger asset portfolio value from indexation and revaluations. In addition, the comprehensive revaluation of stormwater assets led to an increase in the asset class portfolio due to adjustments in unit rates and a reassessment of the useful lives of the componentized stormwater drainage assets. As a result, this contributed to a higher depreciation expense for that asset class.

Other Expenses

These expenses are those which are not part of the day-to-day operations of Council and typically include write downs of financial assets, donations, contributions and levies payable to other levels of government. Other Expenses amounted to $5.06m. A 21% increase compared to previous financial year. This rise is primarily due to an increase in the emergency services levy ($0.8m) and donations and assistance made to other organisations.

Net loss from disposal of assets

During the financial year a number of assets have been disposed or written off from Council’s Assets Register, this relates mainly to demolition of a number of buildings for future open space sites and disposals from open space renewal projects. A non-cash net loss of $1.07m was recorded.

Cash and Investments

Cash and investments amounted to $212.62m at the end of the financial year as compared with $213.44m in 2022/23, a cash outflow of $0.8m.

Externally restricted Cash

Externally restricted cash and investments are restricted in their use by externally imposed

requirements and consisted of unexpended development contributions (Section 7.11), domestic waste management charges, unexpended grants, and other special levies. At the end of the year the total amount of restricted funds was $147.43m, steady from the previous year of $147.63m mainly due to less expenditure on large projects funded by development contributions offset by expenditure from external loan for St Ives indoor sports centre.

Internally Restricted Cash

Internally restricted cash and investments include those funds the uses of which are

restricted by resolution of Council to reflect future plans and identified program of works and are Council’s reserves. These reserves totalled $60.07m, a slight net decrease of $0.9m from the year before. This is partially offset by additional carry overs for unfinished projects in 2023/24 and additional allocation to election reserve.

Unrestricted Cash and Investments are funds available for day-to-day operations of Council. This is relatively healthy at $5.13m for 2023/24. This is steady with a modest increase from the previous year mainly due to increased interest allocation.

PERFORMANCE MEASUREMENT INDICATORS

The Statement of Performance Measurement provide ratios used to assess various aspects of Council’s financial performance. These ratios have been prescribed by the Code of Accounting Practice for 2023/24. The infrastructure assets ratios listed in “Report on Infrastructure Assets” are Building & Infrastructure Renewal Ratio, Infrastructure Backlog Ratio, Asset Maintenance Ratio and Cost to bring assets to agreed service level. All financial ratios with the exception of Infrastructure assets ratios and Outstanding rates ratio have achieved or outperformed identified benchmarks.

The results of the financial indicators, including asset ratios, providing previous year comparison is detailed in the table below.

Operating Performance Ratio

This ratio measures Council’s achievement of containing operating expenditure within operating revenue. It is important to distinguish that this ratio is focussing on operating performance and hence capital grants and contributions, fair value adjustments and net loss on sale of assets are excluded. The benchmark is greater than (0%).

The Performance Ratio at 1.65% (compared to 7.85% in 2022/23) is above the benchmark (>0%) which means that Council can contain operating expenditure (excluding capital grants and contributions) within its operating revenue. The decrease from the previous year is mainly due to a combination of reduced operating grants, increased materials and contract costs, and higher depreciation.

Own Source Operating Revenue

This ratio measures fiscal flexibility. It is the degree of reliance on external funding sources such as operating grants and contributions. Council’s financial flexibility improves the higher the level of its own source revenue. The Own Source Operating Revenue of 82.86% (compared to 80.87% in 2022/23). The benchmark is greater than 60%.

Council's Own Source Operating Revenue Ratio has remained stable and above the benchmark of (>60%) in the last four years. Council has sufficient level of fiscal flexibility, in the event of being faced with unforeseen events.

Unrestricted Current Ratio

The Unrestricted Current Ratio is designed to represent Council’s ability to meet short term obligations as they fall due. The benchmark is greater than 1.5 times.

Council’s Unrestricted Current Ratio is above the benchmark of >1.5x and has been outperforming

benchmark for the last five years. The ratio of 4.00x (compared to 3.35x in 2022/23) improved from the previous year mainly due to a decrease in current liabilities (Payables and contract liabilities). At this ratio Council’s liquidity is good and it can readily pay its debts as they fall due.

Debt Service Cover Ratio

This ratio measures the availability of operating cash to service debt including interest, principal and lease payments. The benchmark is greater than 2x.

The Debt Service Cover Ratio of 6.49x (compared to 7.16x in 2022/23) has decreased from the previous year mainly due to decreased operating results driven by lower operating grants revenue.

Rates, Annual Charges, Interest & Extra Outstanding Percentage

The purpose of this ratio is to assess the impact of uncollected rates and annual charges on liquidity and the adequacy of recovery efforts.

The percentage of rates and annual charges that are unpaid at the end of the financial year is a measure of how well Council is managing debt recovery. Council’s ratio of 5.18% (compared to 4.53% in 2022/23) is more than the benchmark of “less than 5%”. An increase in outstanding rates from the previous year is noticed mainly due to additional new property unit developments that remained unsettled at year end and a greater number of ratepayers entering payment plans due to financial stress during the period.

Cash Expense Cover Ratio

This liquidity ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow. Council’s Cash Expense Cover Ratio of 12.56mths (compared to 13.47mths in 2022/23) is satisfactory and above benchmark of “greater than 3 months”. The decrease from previous year's is primarily due to an increase in payments due to higher operating costs.

INFRASTRUCTURE ASSETS RATIOS

Building and Infrastructure Renewal Expenditure

This indicator assesses Council’s rate at which buildings and infrastructure assets are being renewed against the rate at which they are depreciating. The ratio of 86.91% (compared to 100.97% in 2022/23) is below benchmark. Council has maintained the same level of renewals compared to the previous year. However, due to the increase in depreciation, the ratio is lower than prior years.

Infrastructure Backlog Ratio

Council achieved a backlog ratio of 9.12% (compared to 9.73% in 2022/23), down from the previous year, mainly due to reassessing the buildings and stormwater drainage assets as details below:

Stormwater Drainage:

A comprehensive revaluation introduced an optimal renewal methodology, enabling componentisation into short-life and long-life components. This supports a relining program that reduces renewal costs and aligns the cost to agreed service (CTA) with the satisfactory level (CTS). These changes have reduced CTS and CTA and are reflected in Council’s Asset Management Strategy (AMS) and Long-Term Financial Plan (LTFP)

Building Assets:

Council also engaged independent consultants to prioritise the modernisation of its buildings through a detailed condition assessment. This assessment (291 buildings) identified that 68% of buildings were rated as satisfactory, poor, or failed, with 53% needing upgrades. The assessment also projects a backlog increase.

The decreased backlog in stormwater drainage is partially offset by the increased backlog in building assets.

Asset Maintenance Ratio

The ratio calculates how much Council is spending on maintenance of its assets as opposed to how much is required. The benchmark is greater than 100%. A ratio of below 100% indicates that the Council is slightly short of investing enough funds within the year to ensure assets reach their useful lives. The ratio at 91.94% increased slightly compared to 91.42% in 2022/23. The increase in actual maintenance costs is offset by the impact of larger asset portfolio value from indexation. This aligns with the recommendation from the Financial Sustainability Review (FSR) undertaken during 2022/23 financial year. The FSR identified a shortage in Council’s asset maintenance funding which is reflected in the AMS and LTFP with recommended future funding options.

Cost to agreed level of Service

The cost to bring to level of service is an estimate of the cost to renew existing assets that have reached the condition-based intervention level. The proportion of outstanding renewal works compared to the total value of Council’s infrastructure assets was 12.81% (compared to 19.57% in 2022/23). The ratio is lower than the previous year mainly due to the reassessment of the useful life and asset condition of drainage assets as mentioned earlier in the report.

OTHER accounting TREATMENTS and Adjustments

Infrastructure Assets Revaluation

Council performs a comprehensive revaluation on its infrastructure assets on a 5-year cycle. This is due to the large size and complexity of the current asset’s portfolio. Each year, however, Council assesses the carrying amount of assets to ensure that it does not differ materially from the fair value. During 2023/24 financial year, Council performed a comprehensive revaluation on Land under roads and Stormwater drainage assets. Council staff also assessed the carrying amount of all other asset classes to ensure that it does not differ materially from the fair value. As a result, there was a $138 million fair value increase in carrying value of all infrastructure asset classes, including community, Crown, and operational land.

· Operational land - $20.1m

· Community land – $7.7m

· Land under roads – $0.2m

· Buildings - $7.3m; swimming pool - $0.1m

· Car Parks - $1.3m

· Drainage – $91.9m

· Roads - $17.7m

· Bulk earthworks - $2.6m

· Bridges -$0.5m

· Footpaths - $1.8m

· Open space/ recreational assets - $2.8m

Further details are provided in note D2-1 Fair Value measurement.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial resources and assets to maximise delivery of services.

L2.1.2 Council’s financial services provide accurate, timely, open and honest advice to the community.

Manages financial performance to achieve targets as defined in the Long Term Financial Plan.

Governance Matters

In accordance with Section 419(1) and 419(2) of the Act:

A council must present its audited financial reports together with the auditor’s reports at a meeting of Council held on the date fixed for the meeting.

In addition, Section 417(5) of the Act states that:

As soon as practicable after receiving the auditor’s reports, the council must send a copy of the auditor’s report on the council’s financial reports, together with a copy of the council’s audited financial reports, to the Director General – Office of Local Government and to the Australian Bureau of Statistics.

Risk Management

The Financial Statements are audited by the external auditors who, amongst other things, form an opinion on the Financial Statements whether.

· the Council’s accounting records have been kept in accordance with the requirements of the Local Government Act 1993, Chapter 13 part 3 Division 2; and

· the Financial Statements:

o have been presented in accordance with the requirements of this Division;

o are consistent with the Council’s accounting records;

o present fairly the Council’s financial position, the results of its operations and its cash flows; and

o are in accordance with applicable Accounting Standards and other mandatory professional reporting requirements in Australia.

· all information relevant to the conduct of the audit has been obtained; and

· there are no material deficiencies in the accounting records or financial statements that the auditors have become aware of during the course of the audit.

Financial Considerations

Council’s net operating result for the financial year ended 30 June 2024 is a surplus of $21.69m including Grants and Contributions for capital purposes. After adjusting for Capital Grants and Contributions, the net operating surplus was $1.51m. This surplus is available for reinvestment in capital works.

All financial ratios with the exception of Infrastructure assets ratios and outstanding rates ratio have achieved or outperformed identified benchmarks.

Council’s liquidity position is good with an unrestricted current ratio of 4.00x which is above the benchmark of >1.5x and has been outperforming for the last five years. An adequate liquidity position allows Council to meet its short-term liabilities when they fall due and provide a prudential buffer against adverse events.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

The Financial Statements were on public exhibition from 31 October 2024 seeking comments from the community on the Statements and the Auditor’s Reports. Section 420 of the Act requires that all submissions in respect of the audited Financial Reports must be in writing and must be lodged with the Council within 7 days after this meeting. Copies of all submissions received must be referred to Council’s Auditor.

Internal Consultation

All departments have been consulted on the end of year financial results for 2023/24.

The Financial Statements for the year ended 30 June 2024 have been endorsed by the Audit, Risk & Improvement Committee on 12 September 2024.

Summary

The Annual Financial Statements for the year ended 30 June 2024 and audit reports from Council’s external auditor, the Audit Office of NSW, are presented to Council. Written submissions from the public have been invited and may be made up to 3 December 2024. Copies of all submissions must be referred to Council’s auditor. This is the final stage of the process of adopting Council’s Annual Financial Statements for 2023/24.

Recommendation:

A. Receive the audited Financial Statements for the year ended 30 June 2024 and the auditor’s report from the Audit Office of NSW.

Ann Wang

Financial Accountant

Mette Kofoed

Acting Manager Finance

Angela Apostol

Director Corporate

Attachments:

Ku-Ring-Gai Council - Annual Financial Statements - For the year ending 30/06/2024

Excluded

2024/341909

Ordinary Meeting of Council - 26 November 2024	GB.8 / 1

Item GB.8	S09112/13
	4 September 2024

2024 - 2025 Budget Review - 1st Quarter ended September 2024

EXECUTIVE SUMMARY

Purpose of report:	To inform Council of the results of the first quarter budget review of 2024/25 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2024 to 30 September 2024.

background:	Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of income and expenditure for the current financial year.

comments:	Proposed budget adjustments in this report are expected to increase the net operating result (excluding capital grants) by $1.2 million, driven by additional operating grants and decreased project expenditure from deferrals. This increase is partially offset by higher employee costs and materials and contracts expenses. The additional net revenue will fund various projects in the capital budget. After accounting for capital and operational grants, deferred expenditure, and restricted items, the net working capital is projected to decrease by $200k, primarily due to increased employee costs as detailed in the report.

recommendation:	That the 2024/25 September Quarterly Budget Review and the recommended changes are received and noted.

Purpose of Report

To inform Council of the results of the first quarter budget review of 2024/25 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2024 to 30 September 2024.

Background

In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”):

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

The Office of Local Government has developed a set of minimum requirements that assists councils in meeting their obligations as set out in legislation.

At the Council meeting held on 18 June 2024, Council adopted the Revised Delivery Program 2024-2026 & Operational Plan 2024-2025, which incorporated the Annual Budget for 2024-2025.

Comments

This review analyses Council’s financial performance for the first quarter of 2024/25 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Budget adjustments proposed in this review will increase the net operating result (excluding capital grants) by $1.2m. This is mainly due to additional operating grants and contributions along with a decrease in operating project expenditure due to project deferrals. This is partly offset by unfavourable increases in employee costs and expenses related to materials and contracts, as outlined in this report. It is important to note that the additional net revenue recognised will be allocated to fund various projects reflected in the capital budget.

From a funding perspective, after accounting for changes in capital and operational grants, deferred expenditure, and restricted items, the net working capital is projected to decrease by $200k. This decline is primarily driven by unfunded increases in employee costs within the Development Assessment unit as detailed further in the report.

Proposed adjustments to forecast budget

Operating Income

The proposed increase to the operating income of $780k is mainly from increase in user fees, other revenues and operating grants and contributions received:

· Increase in “User Fees” ($25k) due to:

o Revised increment in revenue collected of community hall hire bookings offset by capital expenditure.

· Increase in “Other Revenues” ($373k) due to:

o Better Business partnership program from participating councils ($158k) offset by operating project expenditure.

o Gordon Library Roof Replacement contribution from NSW Police ($215k) offset by capital expenditure.

· Net increase in “Operating grants and contributions” ($382k) mainly from:

o Road to Recovery Grant ($257k) offset by capital expenditure.

o Bush Fire Risk Mitigation and Resilience support program ($140) offset by expenditure.

Partly offset by:

o Decreased Block Grants ($24k)

Operating expenditure

The change (net decrease) to the operating expenditure ($431k) is mainly due to net deferral of budgeted expenditure associated with operating projects partially offset by net increases in materials and contracts as detailed below:

· Increase in employee costs ($200k):

o Additional funding of $200k for new positions in the Development Assessment unit to address future costs arising from increased demand due to housing reforms. Anticipated to be partly funded by increased future development assessment fees.

· Net increase in costs related to materials and contracts ($139k):

o One off increase to bush fire support ($140k) funded from RFS grant Bushfire Risk Mitigation & Resilience support program.

o A permanent increase to annual maintenance for parking meters ($27k)

o Transfer from capital projects to road safety recurrent budget ($68k) (no impact on operating result, budget transfer only).

Partly offset by:

o Transfer to Ku-ring-gai Fitness and Aquatic Centre (KFAC) mechanical services renewal project ($70k) from KFAC recurrent budget.

o Transfer to pedestrian fence upgrade project ($25k) from traffic facilities recurrent budget.

[*Note: These transfers have no effect on bottom line, as they reflect movement between capital and operational budget.]

· Net decrease to Operational projects expenditure ($770k) mainly due to:

Deferred projects totalling ($1.1m) containing,

o Environmental levy projects ($529k)

o Project budget associated with future Lindfield library land sale ($250k) offset against asset sales reserve.

o S7.12 plan administration project ($107k) returned to reserve.

o Various other projects totalling ($159k).

Reduction in Operating Project Expense:

o Decrease expenditure to traffic facilities maintenance ($87k) to align with actual block grant received.

Partly offset by:

o Increase in expenditure to Better Business partnership program ($158k) offset against increase in other revenue.

Capital Budget

· Major adjustments to the capital budget are due to:

o Capital projects deferred to future financial years ($51m)

Partly offset by:

o Increased expenditure funded from new capital grants and contributions received ($1.4m) contains Get NSW Active FY 2024/25 program ($326k), Safe Speed Program HPAA ($735k), Black Spot program ($83k) net and TfNSW grants ($275k).

Other budget adjustments to capital projects are detailed further in the report and listed in Attachment A2.

Quarterly Budget Review Statements (QBRS)

The Quarterly Budget Review Statements (QBRS) as prescribed by the OLG guidelines are composed of the following budget review reports:

· Operating and Capital Budget Review Statement (Table 1)

· Proposed Operating and Capital Budget Adjustments by Resource Group (Table 2)

· Income and Expenses Statement by Theme (Table 3)

· Cash and Investments position (Table 4)

· Contracts and Consultancy Expenses (Table 5)

· Capital and Operational Projects Summary (Table 6)

· Statement by the Responsible Accounting Officer

These statements are shown below.

Proposed Budget Adjustments

The table below lists the proposed budget adjustments, including comments for the September Quarterly Budget Review.

Attachment A2 summarises all proposed budget adjustments for Projects.

The table below splits the current budget by six themes identified within Council’s Delivery Program 2024 – 2027. These themes are used as a platform for planning our activities to address the community’s stated needs and aspirations.

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as at the end of September quarter is $222.6m.

A detailed Restricted Assets Report as at September 2024 (Actual) is shown in Attachment A1.

Contracts and Consultancy Expenses

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 30 September 2024 is ($11.2m) against the full year revised budget of ($127.2m). The September review decreases the forecast project budget by ($50m net); the decrease is mainly due to project deferrals ($52m), partly offset by new grants received ($1.4m), better business partnership program ($158k) and minor adjustment to other operating projects totalling ($300k).

The table and chart below show the YTD actual project expenditure against 2024/25 full year revised budget and projected forecast.

The proposed budget changes to operational and capital projects represent a decrease of ($50m). The most significant variations and projects proposed for adjustment are listed below:

· Deferral of expenditure

· S7.11 and S7.12 funded ($38.4m):

§ Land acquisition & embellishment ($7.8m)

§ Lindfield Avenue and Tryon Road Precinct ($5.1m)

§ Indoor Sports Centre at St Ives High School ($5m)

§ Gordon Nth Streetscape Improve Construction ($4.5m)

§ St Ives Cultural and Environmental Education Centre ($3.1m)

§ Robert Pymble Park Precinct ($3m)

§ Turramurra Community Hub - Project Management ($2m)

§ St Ives Village Green Masterplan Implementation Works ($872k)

§ S7.12 funded projects to be defined ($710k)

§ Ibbitson Park Upgrade ($700k)

§ Roseville Memorial Park Upgrade ($578k)

§ St Ives Showground Masterplan ($576k)

§ Ku-ring-gai Wildflower Garden Playground Upgrade ($528k)

§ St Ives Showground Main Car Park Upgrade ($500k)

§ Bedes Forest Upgrade ($500k)

§ East Turramurra - Neighbourhood Centre Upgrade (371k)

§ The Glade - Preparation of Master Plan & construction ($346k)

§ Lindfield Community Hub - Project Management ($325k)

§ Killara Park Accessible Toilet Block ($301k)

§ Mimosa Reserve/ Rofe Park Play Space upgrade ($292k)

§ Other projects less than $250k totalling ($1.3m)

· Infrastructure and facilities funded ($8.9m):

§ Indoor Sports Centre at St Ives High School ($3.3m)

§ Council Chambers Upgrade ($3m)

§ Charles Bean Synthetic Sports field replacement ($805k)

§ Bannockburn Oval Clubhouse & Amenities Renewal ($550k)

§ Lindfield Local Centre - New Traffic Infrastructure ($511k)

§ Parks & Recreation Matching Funding Opportunities ($147k)

§ Bannockburn Oval – Masterplan and Sports field upgrade ($142k)

§ Other projects less than $100k totalling ($304k)

· Environmental Levy Funded ($2m):

§ St Ives Cultural and Environmental Education Centre ($863k)

§ Environmental Levy Operational Projects ($529k)

§ Alternative energy and energy efficiency projects ($361k)

§ Other projects less than $100k totalling ($235k)

· Grant Funded ($2m):

§ Indoor Sports Centre at St Ives High School ($1.7m)

§ Bannockburn Oval Clubhouse & Amenities Renewal ($335k)

· Revenue Carry Forward Funded ($909k):

§ Pacific Highway – Leasing ($442k)

§ Lindfield Library Site ($250k)

§ Other less significant projects totalling ($218k)

· New Grant funded expenditure:

· Footpath Torokina Ave and Wombat crossing Yarrabung ($470k)

· Traffic facility program ($1.1m)

· Local Roads renewal and upgrade program ($370k)

· Recurrent income funded expenditure:

o Caley’s Pavilion AV System funded from increase in hall hire revenue ($25k).

o KFAC mechanical renewal services transferred from KFAC repair and maintenance recurrent budget ($70k).

All Proposed Budget adjustments for each Project and explanation for the changes are detailed in

Attachment A2 – Summary of Capital and Operational Project Budget Adjustments

Statement by Responsible Accounting Officer

It is my opinion that the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 30 September 2024 indicates that Council’s projected financial position on 30 June 2025 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

integrated planning and reporting

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial resources and assets to maximise delivery of services.

L2.1.2 Council’s financial services provide accurate, timely, open and honest advice to the community.

Manages financial performance to achieve targets as defined in the Long Term Financial Plan.

Governance Matters

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current financial year.

Risk Management

Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure cannot be directly controlled, it can be monitored and action taken to mitigate potential financial or budgetary risk. Further, Council staff utilise monthly management reporting for managing operational and project income and expenditure, and any budget variations are reported to the Director. The management team are also provided with monthly financial reports that allow executives to make informed decisions and plan ahead to ensure budget targets are met.

Financial Considerations

Financial impacts from recommended budget adjustments are discussed in detail in other sections of this report.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

Finance met with directors and managers as part of the Quarterly Budget Review process to ensure departmental budget targets reflect current forecasts.

Summary

Budget adjustments proposed in this review will increase the net operating result (excluding capital grants) by $1.2m. This is mainly due to additional operating grants and contributions along with a decrease in operating project expenditure due to project deferrals. This is partly offset by unfavourable increases in employee costs and expenses related to materials and contracts, as outlined in this report. The additional net revenue recognised will be allocated to fund various projects reflected in the capital budget.

Recommendation:

That the September 2024 Quarterly Budget Review and the recommended changes be received and noted.

Parthiv Parekh

Management Accountant

Mette Kofoed

Acting Manager Finance

Angela Apostol

Director Corporate

Attachments:	A1⇩	Attachment A1 - Restricted Assets Report - September 2024		2024/357328
	A2⇩	Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - September 2024		2024/361657

Ordinary Meeting of Council - 26 November 2024	GB.9 / 1

Item GB.9	CY00368/14

Ku-ring-gai Council Meeting and Public Forum Dates for 2025

EXECUTIVE SUMMARY

purpose of report:	To set Council Meeting and Public Forum dates for 2025.

background:	Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month. The dates set for 2025 attempt to avoid school holidays, public holidays and other events that may make attendance for Councillors and/or the public difficult. Where possible, it is Council’s practice to set Public Forums on the second Tuesday of each month and Ordinary Meetings of Council on the third Tuesday of each month.

comments:	A Council Meeting and Public Forum Calendar for 2025 has been prepared for consideration.

recommendation:	That Council adopt the proposed Council Meeting and Public Forum dates for 2025.

Purpose of Report

To set Council Meeting and Public Forum dates for 2025.

Background

Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month.

The dates set for 2025 attempt to avoid school holidays, public holidays and other events that may make attendance for Councillors and/or the public difficult.

Where possible, it is Council’s practice to set Public Forums on the second Tuesday of each month and Ordinary Meetings of Council on the third Tuesday of each month and it is proposed to maintain this convention.

Comments

The proposed scheduled meeting cycle for 2025 is as follows:

Council meeting			Governance and Council business on the agenda (indicative and subject to change)
February 2025			· Financial quarterly report · National General Assembly of Local Government - Call for Motions · Report on Mayoral donations
11 February 2025	Public Forum
18 February 2025
Ordinary Meeting of Council
March
· Performance report (Delivery Program and Operational Plan)
	11 March 2025	Public Forum
	18 March 2025
Ordinary Meeting of Council
April
· Community Strategic Plan, Long Term Financial Plan, Delivery Program and Operational Plan for public exhibition
	8 April 2025	Public Forum
	15 April 2025
Ordinary Meeting of Council
May
· Financial quarterly report · Adoption of Agency Information Guide (GIPA Act)
	13 May 2025	Public Forum
	20 May 2025
Ordinary Meeting of Council
June
· Long Term Financial Plan, Delivery Program and Operational Plan for adoption · Mayor and Councillor Fees - Local Government Remuneration Tribunal Determination
	17 June 2025(*)	Public Forum
	24 June 2025
Ordinary Meeting of Council
July

	15 July 2025	Public Forum
	22 July 2025
Ordinary Meeting of Council
August
· Performance report (Delivery Program and Operational Plan) · Local Government NSW Annual Conference - Call for Motions · Draft financial statements prior to submission to auditor.
	12 August 2025	Public Forum
	19 August 2025
Ordinary Meeting of Council
September
· Draft financial statements prior to submission to auditor · Election of the Deputy Mayor · Final date for approval of policies and other actions required within 12 months of the local government elections under the Local Government Act
	16 September 2025		Public Forum
	23 September 2025
Ordinary Meeting of Council
October
· Presentation of audited financial statements · Disclosures of Interest (Code of Conduct)
	14 October 2025	Public Forum
	21 October 2025
Ordinary Meeting of Council
November
· Financial quarterly report · Community Grants Program · Tabling of Annual Report · Council Meeting and Public Forum dates for the following year
	11 November 2025	Public Forum
	18 November 2025
Ordinary Meeting of Council
December
· Report to Council on complaint statistics
	9 December 2025	Public Forum
	16 December 2025
Ordinary Meeting of Council
February 2026

	10 February 2026	Public Forum
	17 February 2026
Ordinary Meeting of Council

* This date may clash with the 2025 National General Assembly (dates yet to be confirmed).

The school holiday periods for 2025, public holidays and other potential conflicts in relation to the 2nd and 3rd Tuesday of the month are outlined below:

· April: There is no perfect scenario that can avoid school holidays (from 14 April 2025 to 24 April 2025). The proposed schedule puts the Ordinary Meeting of Council on 15 April 2025.

· June: Dates for the 2025 National General Assembly (NGA) and Regional Forum of Local Government Conference have not yet been announced, though the NGA is usually held in the second week of June.

· July: The school holiday period is from 7-18 July 2025. The proposed schedule puts the Public Forum on 15 July 2025.

· December: The school holiday period is from 22 December 2025 – 27 January 2026. It is proposed that Council would be in recess from 17 December until 2 February 2026.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.

L4.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

L4.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in

accordance with relevant legislation, codes and guidelines.

Governance Matters

Section 365 of the Act requires Council to meet at least 10 times per year, each time in a different month and this schedule of meetings will fulfil this requirement. This meeting schedule has also been developed in line with Council’s Code of Meeting Practice.

Risk Management

This report ensures compliance with Council’s statutory obligations under the Act and Regulations in respect to Council meetings.

Financial Considerations

Funding to support the meeting schedule is included in the existing operational budget.

Social Considerations

Council meetings provide an open and transparent public forum where the decisions of Council are made. Providing the schedule of meeting dates in advance provides the community with certainty and opportunity for engagement.

Environmental Considerations

There are no adverse environmental impacts arising from this report.

Community Consultation

Nil

Internal Consultation

Nil

Summary

Section 365 of the Act requires that Council meet at least 10 times per year, each time in a different month. Council’s practice is to set Public Forums on the second Tuesday of each month and Ordinary Meetings of Council on the third Tuesday of each month. The dates set for 2025 attempt to avoid school holidays, public holidays and other events that may make attendance for Councillors and/or the public difficult. A Council Meeting and Public Forum cycle for 2025 has been prepared for consideration.

Recommendation:

That Council adopt the following Meeting dates for 2025:

· February 2025

o 11 February Public Forum

o 18 February Ordinary Meeting of Council

· March

o 11 March Public Forum

o 18 March Ordinary Meeting of Council

· April

o 8 April Public Forum

o 15 April Ordinary Meeting of Council

· May

o 13 May Public Forum

o 20 May Ordinary Meeting of Council

· June

o 17 June Public Forum

o 24 June Ordinary Meeting of Council

· July

o 15 July Public Forum

o 22 July Ordinary Meeting of Council

· August

o 12 August Public Forum

o 19 August Ordinary Meeting of Council

· September

o 16 September Public Forum

o 23 September Ordinary Meeting of Council

· October

o 14 October Public Forum

o 21 October Ordinary Meeting of Council

· November

o 11 November Public Forum

o 18 November Ordinary Meeting of Council

· December

o 9 December Public Forum

o 16 December Ordinary Meeting of Council

· February 2026

o 10 February Public Forum

o 17 February Ordinary Meeting of Council

Eliza Gilbank-Heim

Governance Support Officer

Christopher M Jones

Manager Governance & Corporate Strategy

Angela Apostol

Director Corporate

Ordinary Meeting of Council - 26 November 2024	GB.10 / 1

Item GB.10	CY00826/2

Policy Updates - Drone (Remotely Piloted Aircraft) Policy

EXECUTIVE SUMMARY

purpose of report:	To update Council’s Drone (Remotely Piloted Aircraft) policy.

background:	Council has policies dealing with a broad range of administrative functions which are regularly reviewed to ensure relevance and that they remain up to date. The Drone (RPA) policy was first adopted by Council in 2019 and sets out Council’s inhouse and external management and use of drones (Remotely Piloted Aircraft).

comments:	Council policies are reviewed periodically to update for legislative changes and otherwise to ensure they are appropriate and relevant. Policies included in this report are the: · Drone (Remotely Piloted Aircraft) Policy.

recommendation:	That Council adopt the Drone (Remotely Piloted Aircraft) Policy.

Purpose of Report

To update Council’s Drone (Remotely Piloted Aircraft) policy.

Background

Council has policies dealing with a broad range of administrative functions which are regularly reviewed to ensure relevance and that they remain up to date.

This report provides updates to one existing Council policy:

· Drone (Remotely Piloted Aircraft) Policy.

The purpose of this policy is to ensure that all legislative requirements for the use of Ku-ring-gai Council owned and/or Council–managed remotely piloted aircraft (RPA) technology is applied and adhered to by Council officers, as well as the management and use of data collected by the RPA.

Comments

The policy was reviewed and updated to ensure all referenced legislation, policies and documents were current and relevant.

Council Roles and Responsibilities were simplified to better align with Council’s privacy policies and procedures.

Other minor changes included requirements for external contactors using drones engaged by Council and the addition of research and project documentation to the policy’s objectives.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.

L4.1.2: Council’s Governance framework is developed to ensure probity and transparency.

L4.1.2.4 Review policies, delegations and authorisations to support good decision making and compliance with changing legislation and guidelines.

Governance Matters

Existing policy has been updated to reflect legislation.

Risk Management

The policies and procedures currently in place are effective in managing associated risks.

Financial Considerations

No financial impact has been noted from the development of this policy.

Social Considerations

Nil

Environmental Considerations

Nil

Community Consultation

The original drone policy was exhibited to the community in December 2018 before being adopted by Council in 2019. The current changes to the policy are minor in nature and do not alter the management and use of drones by Council. No further public consultation is required.

Internal Consultation

Managers and staff affected by this policy have been consulted and their feedback incorporated into this update.

Summary

Council policies are reviewed periodically to update for legislative changes and otherwise to ensure they are appropriate and relevant. One policy has been reviewed:

· Drone (Remotely Piloted Aircraft) Policy.

Recommendation:

That Council adopt the revised Drone (Remotely Piloted Aircraft) Policy.

Russell Cadman

Environmental Engineer

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Drone (Remotely Piloted Aircraft) Policy

2023/343198

ATTACHMENT No: 1 - Drone (Remotely Piloted Aircraft) Policy

Item No: GB.10

Ordinary Meeting of Council - 26 November 2024	GB.11 / 1

Item GB.11	S06198

Post exhibition report for the draft Planning Agreement Policy

EXECUTIVE SUMMARY

purpose of report:	To report back on the Revised Draft Planning Agreement Policy 2024 following its exhibition for public comment.

background:	Ku-ring-gai Council has had an adopted Planning Agreement Policy since 2008. This policy provides guidelines and procedures for the receipt, negotiation, content and execution of Planning Agreements associated with either Planning Proposals or Development Applications in Ku-ring-gai. The policy has been reviewed several times since 2008 with the most recent version being adopted in 2019.

comments:	The revised draft Planning Agreement Policy 2024 has been on exhibition for public comment for 28+ days and is now reported back to Council following the close of the exhibition period.

recommendation: (Refer to the full Recommendation at the end of this report)	That the revised draft Planning Agreement Policy 2024 be adopted and replace the current Planning Agreement Policy 2019.

Purpose of Report

To report back on the Revised Draft Planning Agreement Policy 2024 following its exhibition for public comment.

Background

Ku-ring-gai Council has had a formal adopted Planning Agreement Policy since 2008. This policy provides guidelines and procedures for the receipt, negotiation, content and execution of Planning Agreements associated with Planning Proposals or Development Applications in Ku-ring-gai. The policy has been reviewed several times since 2008 with the most recent version having been adopted in 2019.

Comments

Since the 2019 review, the NSW Department of Planning has issued revised guidelines (the 2021 Practice Note) and the Environmental Planning and Assessment Regulation 2021 has been restructured and renumbered. Also, since the 2019 review of the Planning Agreement Policy, there have been a number of Planning Agreements associated with Development Applications prepared - and some finalised - and a number of Letters of Offer have also been made associated with various Planning Proposals.

Planning Proposals are requests to change the statutory controls governing potential redevelopment on a particular site. Some of these Letters of Offer have been of significant complexity. This experience has further informed the review of the Planning Agreement Policy, especially with regard to probity as virtually all Ku-ring-gai’s prior experience with Planning Agreements was in relation to the delivery of works-in-kind and/or land dedication in association with a development application.

Taking into account the above circumstances, the main changes to the Planning Agreement Policy 2024 compared to the currently adopted 2019 version are:

· Updates to the numbering of all references to the Environmental Planning and Assessment Regulation 2021;

· Enhanced emphasis on the need to establish a clear relationship between the proposed development or planning proposal changes and the nature of the works proposed under the planning agreement for probity reasons;

· Annotation that the primary purpose of a Planning Agreement cannot be value capture in accordance with the Department of Planning Practice Note 2021;

· Statement that the Letter of Offer must stand alone and must not have a pre-emptive draft Planning Agreement integrated as part of the preliminary offer. This is to facilitate the offer being reported to an OMC for the imprimatur of council to commence negotiations and appoint a legal team (and reach a costs agreement), it being inappropriate to place an entire draft planning agreement in the public domain as an attachment if it has not yet been formally assessed by council officers and appointed legal team;

· Further detail on the provision for Affordable Housing in Planning Agreements including references to the Transport Orientated Development SEPP and the Housing SEPP and additional clarification of the operation of the Ministerial Direction;

· Clearer distinctions between works that are listed within an adopted contributions plan and proposed to be delivered as works-in-kind and works that are not within the works programme of an adopted contributions plan being offered as material public benefits as this affects potential contributions offsets;

· References to the NSW State Government Regional Housing and Productivity Contributions (HAPs) effective from 1 October 2023, emphasising that Council cannot make provision for offsets of these s7.24 contributions without Ministerial concurrence or the Minister being a party to the agreement;

· Deletion of the physical copy of Council’s Statement of Business Ethics as an appendix and insertion of the URL where the current version of this document can be found;

· References to the addition of Planning Agreements to the Planning Portal which became a requirement in 2022/2023;

· Updated references to formal costs agreements being agreed prior to formally commencing negotiations to ensure all costs incurred are considered especially where a planning agreement may be of a complex nature that requires coordination by an external party; and

· Improved flowchart of the process with an emphasis on meeting with council prior to lodging a development application or planning proposal i.e. a formal pre-DA meeting or pre-Planning Proposal meeting to ensure the earliest instigation of the preliminary processes.

During the exhibition period, further investigation was undertaken with respect to clarifying the references to affordable housing and value capture.

Value capture cannot be the primary purpose of a Planning Agreement but is not explicitly precluded as a smaller component part of any Planning Agreement that addresses a variety of matters, provided matters of probity are also addressed. The section was amended to make that distinction so that it was less open to interpretation as a blanket prohibition. Probity matters were already included within the Planning Agreement Policy, and this is cross-referenced in the section referring to value capture.

Further clarifying legal advice was sought concerning Council’s capacity to enter into Planning Agreements that include affordable housing with Planning Proposals as distinct from Development Applications. As a result, Council now has clarification that the Ministerial Direction relates explicitly to development consents and development consent conditions and not to planning proposals. Affordable housing may be a component of Planning Agreements associated with Planning Proposals and the section related to affordable housing has been changed to make it somewhat less restrictive. However, it must be emphasised that council still needs to progress a formal policy on Affordable Housing (which is currently a work-in-progress) to support consistency and clarity in negotiations on this matter.

As these amendments are considered clarifications of the original policy as exhibited rather than a major amendment to that policy and not considered likely to have a negative impact on the key stakeholders including the community, Council and the development industry, re-exhibition to accommodate these clarifications is not required. The final draft Planning Agreement Policy 2024 is at Attachment A1.

integrated planning and reporting

Theme Six: Leadership

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L4.1 The organisation provides ethical and transparent decision making, efficient management and quality customer service.

L4.1.2 Council’s Governance framework is developed to ensure probity and transparency.

L4.1.2.4 Review policies to support good decision making and compliance with hanging legislation and guidelines.

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets.

P8.1.1 Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Governance Matters

While the review of the Planning Agreement Policy 2019 was nominally scheduled for late 2023, this would have pre-empted the exhibition of revised guidelines by the NSW Department of Planning, such exhibition taking place over the 2023/2024 holiday period ending 23 February 2024. Additionally, in early 2024, several Letters of Offer were received associated with draft Planning Proposals. Almost all previous Letters of Offer at Ku-ring-gai have been associated with Development Applications. This experience presented an opportunity to further inform the Planning Agreement Policy going forwards. As such, while the review has technically been delayed, the result is a better iterated policy that references the updated Practice Note, recent policy changes relating to the Planning Portal, and draws on direct experience with Letters of Offer to enter into a Planning Agreement that have been associated with recent Planning Proposals. The removal of the embedded Statement of Business Ethics and its replacement with the URL where the latest copy is to be found was also a request of Governance.

Risk Management

The draft Planning Agreement Policy was reviewed internally by the Urban Planning Team and an external legal opinion obtained. Minor amendments, chiefly updating the template Planning Agreement in the appendix, were duly made. Further clarification was sought concerning affordable housing as council progresses its policy planning in this area and further clarifications were made, making the policy a little less restrictive.

Financial Considerations

Planning Agreements facilitate the dedication of land and/or the delivery of works to council for the purposes of enhancing public amenities and assets. While these may result in future maintenance costs (on a case-by-case basis), the land and/or works are generally essential infrastructure supporting development that council would retain an onus to deliver as well as maintain.

The capacity to include Affordable Housing for Planning Agreements associated with Planning Proposals is also likely to have a positive impact on Ku-ring-gai with the capacity to support and retain essential workers. Whether or not Council has direct involvement in the delivery and/or management of Affordable Housing will be further explored as part of Council’s Affordable Housing Options Paper and Policy which is currently under preparation.

The progression of Affordable Housing as a policy matter may require further refinement of the Planning Agreement Policy in the future, however any such amendments would only be to the sections relating to Affordable Housing and can be relatively simply incorporated with other concurrent strategic planning work as a consequential amendment and is not justification to further delay this more comprehensive review coming into effect.

Social Considerations

There are no direct social considerations arising from the draft revised Planning Agreement Policy. Each proposed Planning Agreement involves a bespoke assessment of social considerations concurrent with the respective Planning Proposal or Development Application with which it is associated. A Planning Agreement must be associated with either a Planning Proposal or a Development Application. All draft planning agreements are formally exhibited for public comment as part of the process.

Environmental Considerations

There are no direct environmental considerations arising from the draft revised Planning Agreement Policy. Each proposed Planning Agreement involves a bespoke assessment of environmental considerations concurrent with the Planning Proposal or Development Application with which it is associated. A planning agreement must be associated with either a Planning proposal or a Development Application.

Community Consultation

The revised draft Planning Agreement Policy 2024 was placed on public exhibition from Friday, 30 August to Friday, 27 September inclusive being in excess of the minimum of 28 days. At the close of the exhibition period, no submissions had been received.

Internal Consultation

The draft Planning Agreement Policy was considered by the regular meeting of the General Managers and Directors prior to being reported to Council for exhibition.

Summary

This report presents the draft revised draft Planning Agreement Policy 2024, which is intended to replace the present adopted Planning Agreement Policy 2019. The review incorporated updated legislation, revised practice notes, and recent experiences arising from applying the existing planning agreement policy to Letters of Offer associated with Planning Proposals. The revised draft Planning Agreement Policy 2024 has now completed its statutory public exhibition period and is duly reported back to Council for adoption.

Recommendation:

That the draft revised Planning Agreement Policy 2024 be adopted and formally replace Planning Agreement Policy 2019.

Kate Paterson

Infrastructure Coordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Planning Agreement Policy 2024 - for adoption

2024/359855

ATTACHMENT No: 1 - Planning Agreement Policy 2024 - for adoption

Item No: GB.11

Ordinary Meeting of Council - 26 November 2024	GB.12 / 1

Item GB.12	S14469

Proposed redevelopment of St Ives Shopping Village involving adjoining Council land and road reserve

EXECUTIVE SUMMARY

purpose of report:	To inform Council that E K Nominees Pty Ltd, the owner the St Ives Shopping Village has advised of its intention to redevelop and expand the shopping centre. The proposal is, in part, contingent on the acquisition of Council-owned local road at Denley Lane, Cowan Lane, and Durham Avenue St Ives, land at 176 Mona Vale Road St Ives, and a laneway to Denley Avenue St Ives.

background:	The existing St Ives Shopping Village currently provides in the vicinity of 23,380m2 of mixed retail and commercial uses. The proposed development seeks to expand the shopping by approximately 4,520m2 centre to a total retail area of 27,900m2. Subject to Council agreeing to divest the land to E K Nominees, the design to be submitted through a development application is intended to comply with the KLEP and DCP and it is understood that no variation to height and FSR controls are to be sought. A road closure application has been submitted to Council for consideration.

comments:	Closure of Denley Lane, Cowan Lane, and Durham Avenue requires Council to go through a formal road closure process which includes public notification. Upon closure, issuance of title can be established and subject to further resolution of Council the land may be divested, along with the other parcels of interest to E K Nominees which are currently classified Operational land.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council endorse the formal road closure application by E K Nominees proceeding in accordance with Part 4 Division 3 of the Roads Act 1993 and as set out in this report.

Purpose of Report

To inform Council that E K Nominees Pty Ltd, the owner the St Ives Shopping Village has advised of its intention to redevelop and expand the shopping centre. The proposal is, in part, contingent on the acquisition of Council-owned local road at Denley Lane, Cowan Lane, and Durham Avenue St Ives, land at 176 Mona Vale Road St Ives, and a laneway to Denley Avenue St Ives.

Background

E K Nominees has written to Council to advise of its intention to expand the St Ives Shopping Village (SISV), to better serve the St Ives and the broader Ku-ring-gai community by improving amenity and lifestyle options. The expansion proposes a greater range of retail and commercial services, a ‘main street’-style shopping experience, improved interface with the Village Green, an integrated town square civic space, new and relocated parking facilities, new footpaths and pedestrian laneways, new road connections and traffic management improvements. The parcels of Council-owned land that are of interest to E K Nominees are set out in Attachment A1.

The proposed expansion is consistent with the Ku-ring-gai Development Control Plan (DCP) which facilitates the expansion of the SISV to provide a greater range of retail and commercial services, and with Council’s other strategic planning documents. The SISV site, along with the adjoining council land laneways are all zoned E1 Local centre under the KLEP 2015. All sites have an FSR of 1.6:1 and a maximum height of 14.5m. Shop top housing is permissible under the E1 local centre zone, however, EK Nominees have indicated that their focus is on the expansion of retail on the site and not the potential provision of housing.

The Department of Planning, Housing and Industry (DPHI) have identified St Ives as a ‘town centre precinct’ under their Low and Mid-rise Housing Policy. However, the DPHI Policy Refinement Paper provided to Council in April 2024 indicates that the increases in height and FSR in the proposed Low and mid-rise housing policy will not apply in the E1 Local Centre zone. This would mean that the SISV may not be able to take advantage of the proposed uplift to provide housing on the site depending on the final SEPP provisions.

E K Nominees' intended expansion proposal relies on incorporating certain land presently owned by Council into the redevelopment as set out below in Figure 1 (shaded in pink):

· 176 Mona Vale Road (Lot 103 DP627012 and Lot 105 DP629388) and

· Laneway at Pt Lot 2 DP418510.

The land of interest to E K Nominees at 176 Mona Vale Road and the laneway are classified Operational and are able to be divested with a resolution of Council. In addition, EK Nominees propose incorporating a number of other parcels of Council land (road reserve) as set out in Figure 2:

· Part of Denley Lane (shaded blue and hatched);

· Durham Avenue (shaded pink and hatched); and

· Cowan Lane (shaded green and hatched).

All the above are public roads which would require closure and issuance of land title.

Figure 1 – Council land identified by E K Nominees

Figure 2 – Road Closures proposed by E K Nominees

Based on the current plans there would only be one property impacted by the proposed road closure and E K Nominees has indicated it would create a Right of Way in favour of the property owner to ensure ongoing access.

Comments

Denley Lane, Cowan Lane, and Durham Avenue are legally categorised as road reserve under Council ownership and are subject to the requirements of the Roads Act 1993.

As a consequence of legislative changes to the Roads Act 1993 on 1July 2018, councils have the power to close council public roads under Part 4 Division 3 of the Act. A council can only close roads that are formally under council control and can only sell land that is vested in council upon closure. Previously, in order to close a council public road, a council was required to make an initial application to the Crown Lands Office within the now DPHI seeking approval to commence the process which had to be undertaken concurrently with the Department.

The new arrangements streamline former duplicated procedures and enables Council to manage the road closure process and to complete a series of actions which includes:

· Carrying out a full status check of the road to confirm its dedication as a Council public road and its public use and construction to verify its status as vesting in Council on closing.

· Advertise the intention to close the council public road in a local paper circulating in the same area as the intended closure.

· Sending notification of the proposal to all affected parties and notifiable authorities (including DPHI) prescribed in legislation noting a 28-day submission period to provide comment.

· Council considering all submissions received and taking action to resolve any objections. Where a notifiable formally objects, the road is not able to be closed until the objection is withdrawn by that authority or is set aside by the Land and Environment Court (LEC) upon an application for such an Order being made by Council.

· After considering all the submissions received Council may, by notice published in the Government Gazette, formally close the road.

· On publication of the notice closing the public road, the road will cease to have public road status but the land will remain vested in Council if the public road was previously vested in Council provided the road was constructed and maintained by Council.

· All owners of land adjoining the road, notifiable authorities and any other person prescribes in the Roads Regulations 2018 can appeal to the LEC against the closure of a public road by a Council.

Once the above pre-lodgement actions are completed, Council can lodge a road closing application and a status report of the proposed road closing along with supporting documentation to DPHI.

It is important to note that the commencement of the road closure application does not in any way bind Council to the sale of the road reserve. It merely initiates a statutory process, and it is only once Council holds title over the land that any negotiations would be undertaken for any potential divestment (a road is not land under land titling legislation).

The other Council land of interest to E K Nominees at 176 Mona Vale Road and the laneway are classified Operational and have the potential to be divested. The final decision to sell public land requires a formal resolution of Council to proceed which can be considered in conjunction with a future report to Council on the outcome of the road closure application and subject to commercial terms being agreed.

integrated planning and reporting

THEME 6 – Leadership.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1: Ku-ring-gai is well led, managed and supported by ethical, organisations which deliver projects and services to the community by listening, advocating and responding to their needs.

L2.1.2: Manage Council’s property assets to achieve Ku-ring-gai’s long term objectives and priority projects contained within Ku-ring-gai’s Community Strategic Plan and Delivery Program

L2.1.2.1: Progress Council approved property acquisitions and divestments

L2.1.2.2: Optimise financial returns from Council’s existing property portfolio given the prevailing market conditions

Governance Matters

Council has the power to close a public road vested in its control under Part 4 Division 3 of the Roads Act 1993.

Following a resolution of Council to commence a road closure, Council staff will carry out all pre-lodgement requirements prescribed by the Roads Act 1993.

Additionally, the road closure application process requires that Council nominate whether the road reserve, once title is created, is to be classified as Operational or Community as defined under the Local Government Act, 1993. In order for Council to consider the potential divestment of the road parcels it is recommended that Council resolve for the subject road to be classified as Operational land upon issuance of title. On publication of the notice closing the public road, a public road that was previously vested in a council (other than a road where no construction or improvements by a council have ever taken place) remains vested in that council.

The other land of interest to E K Nominees at 176 Mona Vale Road and the laneway are already classified Operational and have the potential to be divested.

The final decision to divest public land requires a formal resolution of Council which will be the subject of a separate report.

Risk Management

The potential risks are objections to the closure of the roads and failure to satisfactorily resolve the objections. Based on the current plans there is only one property impacted by the proposed road closure and E K Nominees would be required to create a Right of Way in favour of the property owner to ensure ongoing access.

If Council ultimately resolves to proceed with the road closure and proposed divestment of Council land, all property conveyances will be handled by Council’s solicitors to ensure Council’s interests are protected.

Financial Considerations

Any divestment of Council land is to be at market value in accordance with Council’s adopted Acquisition and Divestment of Land Policy.

Under the Roads Act, 1993, any income obtained by Council from the divestment of closed roads must be used for related public road purposes. Proceeds of the sale of land not created by way of the closure of former roads is not so restricted.

There are intersecting benefits to EK Nominees, the community and Council from the redevelopment and expansion of the shopping centre at St Ives. Council is, however, the owner of significant parcels of land and prospective closed roads are of significant value when considered on a highest and best use basis. It is incumbent upon Council to extract maximum public benefit and value from its land holdings in this precinct.

Social Considerations

E K Nominees’ proposed expansion of the St Ives Shopping Village has the potential to better serve the St Ives and the broader Ku-ring-gai community by improving amenity and lifestyle options. The expansion will provide a greater range of retail and commercial services, a ‘main street’-style shopping experience, improved interface with the Village Green, an integrated town square civic space, new and relocated parking facilities, new footpaths and pedestrian laneways, new road connections and traffic management improvements.

The divestment of any road reserve will assist in the delivery of Council's Community Strategic Plan 2030 in providing new funding towards community road projects. Proceeds from the sale of land not created through the road closure process are not so restricted.

Environmental Considerations

The road closure proposal is a statutory process and does alter the current use of the site.

Any environmental issues would be assessed through the development application assessment process in the event the land is divested to E K Nominees for future redevelopment of the shopping centre.

Community Consultation

The Roads Act, 1993 requires public notification to all affected/adjoining property owners, statutory prescribed authorities as well a number of other utility providers. All submissions received are required to be objectively assessed by Council.

Any development application for the shopping centre would also be the subject of public notice and formal notification.

Internal Consultation

Staff from within the Strategy and Environment Department and Operations have been consulted in the preparation of this report. This matter has been reported to Council’s GMD and been the subject of a number of briefings between Council staff and E K Nominees and their representatives.

Summary

E K Nominees has approached Council concerning its plans to expand the St Ives Shopping Village, to better serve the St Ives and the broader Ku-ring-gai community. The proposed expansion is consistent with the Ku-ring-gai Development Control Plan which encourages the expansion of the shopping centre to provide a greater range of retail and commercial services.

E K Nominees' intended expansion proposal relies on incorporating certain land and road reserve presently owned by Council into the redevelopment. To this end, a road closure application has been lodged seeking to close Denley Lane, Cowan Lane and Durham Avenue in St Ives along with a proposal to acquire two other parcels of Council’s land for integration into the future redevelopment of the St Ives Shopping Village. Based on the current plans there would only be one property impacted by the proposed road closure and E K Nominees has advised it will create a Right of Way in favour of the property owner to ensure ongoing access.

Council has the power to close a public road vested in its control under Part 4 Division 3 of the Roads Act 1993 but only after adherence to a lengthy and detailed statutory process which includes public notification and consideration of public submissions on the proposal. The commencement of the road closure application does not in any way bind Council to the divestment of the subject parcels of road. Once the formal road application process has been completed and title established over the land, negotiations for any potential divestment can be considered.

The other land of interest to E K Nominees at 176 Mona Vale Road and the laneway are already classified Operational and have the potential to be divested subject to a resolution of Council. This matter will be the subject of a separate Council report on conclusion of the road closure process.

Recommendation:

A. That Council note the contents of this report and resolves that Council staff commence the statutory road closure process in accordance with the relevant provisions of the Roads Act 1993.

B. That subject to all objections to the road closure application being satisfied, Council endorses the closure of the roads and upon issuance of Certificate of Title the land be classified as Operational Land.

C. That Council note that a final decision to divest public land requires a formal and separate resolution of Council which will be the subject of a subsequent report.

Vince Rago

Property Program Coordinator

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

St Ives Shopping Centre road closure brochure

2024/219495

ATTACHMENT No: 1 - St Ives Shopping Centre road closure brochure

Item No: GB.12

Ordinary Meeting of Council - 26 November 2024	GB.13 / 1

Item GB.13	S14225

Planning proposal for 47 Highfield Road and 47a Highfield Lane, Lindfield

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the private Planning Proposal for 47C Highfield Road and 47a Highfield Lane, Lindfield.

background:	A formal pre-lodgement meeting was held on 7 March 2023. The Planning Proposal was submitted on 20 June 2023. The Planning Proposal was incomplete. Revised documentation was submitted to the Portal on 18 August 2023 and Council requested payment of fees on 14 September 2023. Payment of fees did not occur until 16 May 2024 and the assessment of the Planning Proposal then commenced. On 19 August 2024, the KLPP deferred consideration of the Planning Proposal at the request of the proponent. The KLPP reconsidered the Planning Proposal on 21 October 2024.

comments:	The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 as follows: · Reduce the minimum subdivision lot size from 1500sqm to 840sqm · Amend Schedule 5 Part 1 Heritage Items to change the property description of heritage item 47 Highfield Road I443 from “Lot 1, SP 99702, part of Lot 11 DP 1138930” to “Lot 1, SP99702, Lot CP in SP99702”

recommendation: (Refer to the full Recommendation at the end of this report)	That the Planning Proposal not be submitted for a Gateway Determination as it does not demonstrate site specific or strategic merit.

Purpose of Report

For Council to consider the private Planning Proposal for 47C Highfield Road and 47a Highfield Lane, Lindfield.

Background

Site Description and Local Context

The site that is the subject of this Planning Proposal is 47C Highfield Road and 47a Highfield Lane Lindfield.

Note: The Planning Proposal refers to 47 Highfield Road, however the correct address is 47C Highfield Road.

Site

Lot DP

Area

Zoning

47C Highfield Road

Strata Plan 99702

· Lot CP (shared driveway)

· Lot 1 (Heritage Item, known as 47 Highfield)

· Lot 2 (New dwelling, known as 47B Highfield)

Total =2375sqm

112sqm

1442sqm

821sqm

C4 Environmental Living

47a Highfield Lane

Lot 10 DP1138930

900sqm

C4 Environmental Living

Image – Subject Site

The subject site is located on the northern side of Highfield Road, which slopes steeply down to the west from the ridge of the Pacific Highway. The site is generally rectangular in shape with a frontage of approximately 34m to Highfield Road and a frontage of approximately 34m to Highfield Lane. The site has a considerable cross fall away from the north-eastern boundary towards the southern corner of the site with a difference of approximately 8m.

47a Highfield Lane currently contains a part one/part two storey dwelling house with swimming pool. Vehicle access is provided via Highfield Lane.

47C Highfield Road is Strata titled and currently contains two (2) dwellings:

· Lot 1 (known as 47 Highfield) which comprises a local heritage item, I443 which is an Inter-War Spanish Mission dwelling house designed by Leslie J Buckland.

· Lot 2 (known as 47B Highfield) which comprises a recently completed part one/part two storey dwelling house with elevated car stand.

Vehicle access to the dwellings on both Lot 1 and Lot 2 is provided by a shared sweeping driveway (common property in the strata scheme).

The site is highly constrained with environmental and heritage affectations. The site is mapped as containing biodiversity land and riparian land under the KLEP 2015, as well as being identified as a local heritage item.

KLEP 2015 Riparian Land

Category 2 – Terrestrial and Aquatic Habitat

KLEP 2015 Biodiversity

Site contains Sydney Turpentine Ironbark Forest critically endangered ecological community

KLEP 2015 Heritage

Local Heritage Item I443

Adjoining the site to the west is Paddy Pallin Reserve, which contains Little Blue Gum Creek, a watercourse that runs to the Lane Cove River to the south.

The surrounding properties are generally zoned either R2 Low Density Residential or C4 Environmental Living and are characterised by detached dwelling houses set in substantial landscaped settings.

The site is located approximately 500m from the Lindfield railway station, and the Lindfield Local Centre.

Image – Strata Plan 47C Highfield Road

Images – 47C Highfield Road Lindfield

Images -47a Highfield Lane, Lindfield

History of Planning and Development on Site

The history of development on the subject site which has led to the current outcomes is as follows:

1932	Construction of the original dwelling completed on 47 Highfield. The house was designed by architect Leslie J Buckland for Noel Leddin and his wife. The house has characteristics of Inter-War Spanish Mission style. The original lot had an area of approximately 3305sqm.
February 2004	Development Application DA1777/02 was approved for 47 Highfield Road for the Torrens Title subdivision and construction of a new dwelling and swimming pool at the rear of the site. This approval created the new lot 47a Highfield Lane. The lot sizes approved by the consent were 2,375sqm and 930sqm.
May 2004	LEP 194 was made by the Minister for Planning in order to provide additional housing within Ku-ring-gai. The LEP applied to the Pacific Highway Corridor/North Shore rail corridor and to land around the St Ives Centre. One element of LEP 194 included amending the KPSO to permit detached dual occupancy development on nominated sites. These sites were selected based on their large lot size and dual street frontages. 47 Highfield Road was a nominated site on which detached dual occupancy development was permitted.
February 2005	Following heritage assessments in 1999 and 2000, 47 Highfield Road was heritage listed as a local heritage item within the Ku-ring-gai Planning Scheme Ordinance.
March 2013	Draft Ku-ring-gai Local Environmental Plan 2013 was publicly exhibited from 25 March – 6 May 2013. Subject site was exhibited as E4 Environmental Living with a 1500sqm minimum lot size. Owner of 47 Highfield Road made a submission which objected to the E4 Environmental Living zoning and the proposed 1500sqm minimum lot size, and requested that further subdivision should be permitted because it would not impact on the heritage item. Council reviewed the submission and due to the combination of riparian, heritage and biodiversity constraints on the site the E4 Environmental Living zone was supported.
November 2013 2014 2015	Development Application DA0472/13 was lodged with Council for the Torrens Title subdivision of a heritage listed property, construction of a new dwelling and removal of trees. The DA was refused by Council on 7 October 2014 due to the highly irregular shaped allotment and the detrimental impact upon the heritage character of the subject site with the subdivision resulting in the loss of important curtilage and landscaped setting of the item. An LEC Appeal was lodged, and the applicant was granted leave to rely on amended plans. One of the key amendments was the change from Torrens Title subdivision to Strata title subdivision. The change to Strata subdivision had the following outcomes: · It meant that the development was now categorised as a detached dual occupancy, which was permissible on the site due to the provisions of KPSO. · It meant that the non-compliance with the minimum street frontage requirement under the KPSO was removed (the only numerical non-compliance) as this did not apply to development for detached dual occupancy. · It also meant that the non-compliance with the draft KLEP 2013 minimum lot size development standard of 1500sqm was removed as Clause 4.1 does not apply to strata subdivision. DA approved by the NSW Land and Environment Court for strata subdivision of a heritage listed property, the construction of a new dwelling and removal of trees. This approval created the new dwelling at the front south-western boundary of the site being 47B Highfield, and the current strata subdivision of the lot. The conditions of consent included requirements for positive covenants to be registered on the title of land in favour of Ku-ring-gai Council regarding the Strata lot owners to maintain and manage the vegetation on the property in accordance with the Vegetation Management Plan, maintenance requirements and conservation works.
March 2023	Planning Proposal heritage amendments which updated a large number of heritage items written descriptions and mapping. The Planning Proposal resulted in: · Amending the written description in Schedule 5 to include reference to the Strata Plan; and · Amending the heritage map to remove 47B Highfield Road. The mapping now follows the strata lot boundary/ The Planning Proposal was finalised on 2 March 2023 as KLEP 2015 (Amendment No 30).

Planning Proposal

The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 as follows:

· Reduce the minimum subdivision lot size from 1500sqm to 840sqm;

· Amend Schedule 5 Part 1 Heritage Items to change the property description of heritage item 47 Highfield Road I443 from “Lot 1, SP 99702, part of Lot 11 DP 1138930” to “Lot 1, SP99702, Lot CP in SP99702”.

The Planning Proposal and Appendices are included at Attachment A1-A6.

The objective of the Planning Proposal is to enable the deregistration of the Strata plan and the subdivision of 47C Highfield Road, Lindfield into two (2) Torrens Title lots.

47a Highfield Lane has been incorporated into the Planning Proposal as during the pre-lodgement meeting with Council the proponent stated that Council should include 47a Highfield Lane, as it did not make strategic sense to leave one property with a 1500sqm minimum lot size. Council staff advised the proponent that they should communicate with the owner of 47a Highfield Lane if they wish to include them in the proposal. The proposed amendment to the minimum lot size would have no impact on 47a Highfield Lane as the site area (930sqm) is not of sufficient site to be subdivided. Accordingly, most of the assessment is focused on 47C Highfield Road.

Chronology of Assessment

A pre-lodgement meeting was held on 7 March 2023. The Planning Proposal was submitted on the Planning Portal on 20 June 2023. The Planning Proposal was incomplete. Revised information was submitted on 18 August 2023. Council requested the payment of fees on 14 September 2023, however payment did not occur until 16 May 2024. Following the payment of fees the Planning Proposal was formally lodged and assessment commenced.

Merit

A Planning Proposal must demonstrate the site specific and strategic merit of the proposed amendments. The following is an assessment of the relevant merits of the Planning Proposal:

Site Specific Merit Assessment

Minimum Lot Size

The Planning Proposal seeks to amend the minimum subdivision lot size development standard applying to the site from 1500sqm to 840sqm. This would enable the deregistration of the current Strata plan and the subdivision of 47C Highfield Road, Lindfield into two (2) Torrens Title lots. The proposed amendment would have no impact on 47a Highfield Lane as the site area (930sqm) is not of sufficient site to be subdivided.

The Planning Proposal correctly identifies that the character of Lindfield is strongly influenced by the subdivision pattern that has been established over time. The Planning Proposal seeks to justify the reduction in minimum lot size based on the current Strata subdivision of 47C Highfield Road being the only one of its kind in the surrounding area and establishing an undesirable precedent. The Planning Proposal notes that the intended outcome of Torrens Title subdivision ‘will be entirely consistent with the established subdivision pattern’ (p.16).

The objectives of Clause 4.1 Minimum Subdivision Lot Size are to:

(b) to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features including heritage items, remnant vegetation, habitat and waterways, and provide generous landscaping to support the amenity of adjoining properties and the desired character of the area.

(c)to ensure that subdivision of low density residential sites reflects and reinforces the predominant subdivision pattern of the area

It is not agreed that the Planning Proposal will facilitate an outcome that will be entirely consistent with the established subdivision pattern. While Torrens Title subdivision is the predominate subdivision form of the surrounding area, the subdivision pattern is that of generally large rectangular lots. Where subdivisions have occurred along the northern side of Highfield Road they have maintained the rectangular form with either the use of battle-axe driveways or access via Highfield Lane. Should the amendment to the minimum lot size be supported, the resulting outcome will be of a Torrens Title subdivision of 47C Highfield Road into two lots generally in the same configuration of existing Strata subdivision, which are irregular in shape and size with almost triangular dimensions. The reduction in the minimum lot size would result in the subdivision of the site in a highly irregular manner that does not reflect or reinforce the predominant subdivision pattern of the area. The proposal is therefore inconsistent with objective (c) of Clause 4.1 Minimum Lot Subdivision Size of the KLEP 2015.

The reduction in minimum lot size will also have negative impacts on the heritage significance of the site and on the biodiversity and riparian ecological values of the site (described in more detail below) and therefore the proposal is inconsistent with objective (b) of Clause 4.1 Minimum Lot Subdivision Size of the KLEP 2015.

In April 2015 the Ku-ring-gai Local Environmental Plan 2015 came into effect which zoned the subject site C4 Environmental Living and applied a minimum lot size development standard of 1500sqm. The following factors were considered in applying the C4 Environmental Living zone to properties:

· potential risks to residents and the environment;

· the existence and site configuration of ecological values including riparian and biodiversity values (such as threatened species and vegetation);

· proximity to protected lands (natural areas, nature reserves and national parks);

· visual amenity; and

· lot size.

The reasoning for the large 1500sqm minimum lot size to sites zoned C4 Environmental Living is to ensure the preservation of the ecological values on the site through limiting further subdivision which leads to impacts on fragmentation and clearing of vegetation.

The objectives of the C4 Environmental Living zone are:

· To provide for low-impact residential development in areas with special ecological, scientifical 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.

The Planning Proposal will result in ecological impacts as the proposed amendment to the minimum lot size will result in fragmentation of the site and likely lead to additional cumulative impacts on the Biodiversity of the site.

Reduction of the minimum lot size, and any subsequent subdivision is highly likely to result in fragmentation of the Riparian Corridor and Sydney Turpentine Ironbark Forest (STIF) CEEC.

The proposed reduction in minimum lot size would result in the loss of the ability to manage the lot as a whole, as even with a Vegetation Management Plan that covers the relevant land in any subdivided sites, ongoing management will likely be independent on each site, as undertaken/contracted by individual owners. Once an area is subdivided, consistency of management is lost and fragmentation results. This is particularly relevant as given the current position of the dwellings, the riparian land and biodiversity will be split by any subdivision of the site.

The cumulative impacts of exempt activities (noting this may be controlled by the heritage status of one lot) or complying development should not be underestimated and also has the potential to lead to further fragmentation of the key ecological communities and Riparian Corridor on the site.

Retaining the current minimum lot size means that there is more consistency of management across the area, in particular along the riparian land for the creek in the adjacent Paddy Pallin Reserve. Retention of the minimum lot size also avoids the potential for further fragmentation of the STIF CEEC, riparian land and associated biodiversity corridor.

Heritage

There has been a long history associated with development at 47 Highfield Road, Lindfield and impacts that have occurred in relation to the heritage qualities of the subject site, including the Torrens Title subdivision of an allotment to the north-west of the heritage building from the (former) heritage curtilage. Most recently, a 2015 Land and Environment Court decision involved consent for the construction of a new dwelling within the front (Highfield Road) setback of the heritage item and also resulted in the corresponding strata rather than Torrens Title subdivision of the site. Subsequently, and following a recent Planning Proposal that involved 'heritage housing keeping' updates, the Schedule 5 listing for the subject site was updated as follows:

Dwelling house

47 Highfield Road

Lot 1, SP 99702; Part of Lot 11, DP 1138930

Moreover, the immediate curtilage of the heritage item appears to have been updated to reflect the triangulated shape of the strata subdivision.

The subject Planning Proposal involves a significant reduction in the minimum lot size for the zone, which would presumably lead to an application for Torrens Title subdivision where strata subdivision has been achieved. However, upon reading the 2015 judgement of Commissioner Dixon, it appears that this consent was contingent on the control that was exercised around the design and placement of the new building that was constructed in the front setback combined with the overall lack of fragmentation of the heritage item and its setting, in the absence of formal subdivision.

To inform the response to the Planning Proposal, Paragraphs 84 - 89 of the judgement have been extracted and included below (with emphasis added).

1. 84 As discussed in Mr McDonald’s report the significance of the house and curtilage is the relationship of the house to the garden setting, in particular the outlook from the front entrance and terrace across the garden and driveway and the view to the house along the driveway. The quality of the garden setting is therefore the primary consideration in evaluating the likely effects of the proposed subdivision and construction of a new dwelling house.

2. 85 In undertaking that evaluation exercise Mr McDonald invites me to consider the following key questions :

a. (1) How do the existing views to and from the front of the listed Spanish Mission style house compare with the views that would be available if the proposed dwelling house is built?

(2) Would the siting and landscape designs significantly alter the dense tree setting?

(3) To the extent that the proposed dwelling house might be visible in views to and from the existing house, would its visibility be acceptable?

3. 86 If I carry out the evaluation exercise as outlined Mr McDonald believes that I will conclude that there will be no physical impact on the heritage listed house or the extent of the original garden features such as driveway, retaining walls and terraces. The primary arcs of views to and from the front of the existing Spanish Mission style house will not be affected; the visibility of the new house and views into the site from Highfield Road and the Paddy Pallin Reserve will be minimal due to its siting within the dense vegetation within the forest grove and augmentation by additional landscaping. And, lastly, to the extent that the new house will be visible, its small footprint and sensitive selection of materials and colours will blend into the shady environment of the forest grove.

4. 88 Having considered the questions outlined above in the context of my understanding of the evidence including my observations of the site from and to the various viewing points in the Paddy Pallin Reserve and Highfields Road the development is acceptable. This conclusion accords with the expert opinions expressed by Mr Staas and Ms Hill.

5. 89 Accordingly, I am satisfied that the amended application offers a sensitive design which conserves the heritage significance of the heritage item, including its associated fabric, setting and views as required by s 61D of the KPSO. It also achieves the long-term survival of the Ku-ring-gai native and exotic tree and vegetation cover which is a general aim of the DCP in cl 1A.5. Furthermore, I am satisfied that the development encourages the reinforcement of the Ku-ring-gai distinctive tree canopy character through the Vegetation Management Plan which is a relevant objective in cl 31D of the Ku-ring-gai Residential Design Manual Development Control Plan No 38. This in turn discourages fragmentation of the established landscape character. The development is acceptable on its merits after an assessment under s79C of the EPA Act.

The proposal to reduce the minimum lot size is likely to lead to the irregular Torrens Title subdivision, which is the principal concern with the application from a heritage perspective. The overall site remains affected by the heritage listing, despite the reduction in immediate heritage curtilage to reflect the strata subdivision. This is particularly important as it ensures that development within the immediate setting of the heritage item can be controlled. Moreover, if formally subdivided, it would be the allotment that is in front of the heritage item, that could undergo uncontrollable change. The Land and Environment Court judgement indicates that the approval for the construction of the additional building within the heritage curtilage was contingent on the ability to firstly, control the design and siting of the new building in the front strata lot and secondly, the continued integration of the heritage item with its wider curtilage and the landscape character.

The following strategic considerations are relevant from a heritage perspective:

Greater Sydney Region Plan

· Objective 13 – Environmental Heritage is identified, conserved and enhanced

· Strategy 13.1 – Identify, conserve and enhance environmental heritage by managing and monitoring the cumulative impact of development on heritage values and character of places

North District Plan

· Planning Priority N6 – Creating and renewing great places and local centre, and respecting the districts heritage

· Action 21 - Identify, conserve and enhance environmental heritage by:

· c. managing and monitoring the cumulative impact of development on heritage values and character of places

Ku-ring-gai Local Strategic Planning Statement Ku-ring-gai

· K12 – Managing change and growth in a way that conserves and enhances Ku-ring-gai’s unique visual and landscape character

· K13 – identifying and conserving Ku-ring-gai’s environmental heritage

The proposal is in discordance with the Greater Sydney Regional Plan, the North District Plan and Ku-ring-gai Local Strategic Planning Statement, as it will lead to the continued and cumulative impacts on the heritage values of the place through further and definite fragmentation of the site in an irregular manner. Moreover, it would allow for uncontrolled development to occur at the front of a heritage item, which will likely further impinge or block its setting and views to and from the principal street frontage, Highfield Road. Whilst a new building has already been constructed in the front setback following a Court consent, its design and siting was very specifically controlled and Torrens Title subdivision did not occur. The proposal would be contrary to the approach that was taken by the Court, despite this having had some impacts on the heritage item. Overall, the proposal will not facilitate the conservation of the heritage values of the place, which include its special landscape character, but rather lead to its further degradation and definitive fragmentation.

Strategic Merit Assessment

Greater Sydney Region Plan and North District Plan

The Planning Proposal is inconsistent with the objectives of the Greater Sydney Region Plan – A Metropolis of Three Cities in particular:

· Objective 13: Environmental heritage is identified, conserved and enhanced

· Objective 25: The coast and waterways are protected and healthier

· Objective 27: Biodiversity is protected, urban bushland and remnant vegetation is enhanced

· Objective 30: Urban tree canopy cover is increased

The Planning Proposal is inconsistent with the planning priorities of the North District Plan, in particular:

· Planning Priority N6: Creating and renewing great places and local centres, and respecting the District’s heritage

· Planning Priority N15: Protecting and improving the health and enjoyment of Sydney Harbour and the District’s waterways

· Planning Priority N16: Protecting and enhancing bushland and biodiversity

· Planning Priority N19: Increasing urban tree canopy cover and delivering Green Grid connections

The Planning Proposal and specifically the proposed reduction in minimum lot size will have negative impacts on the heritage significance of the site and on the biodiversity and riparian ecological values of the site as it will:

· Result in a highly irregular Torrens Title subdivision which fragments the site, losing the ability to manage it as a whole in terms of heritage and ecological impacts

· not facilitate the conservation of the heritage values of the place, which include its special landscape character, but rather lead to its further degradation and definitive fragmentation.

· likely lead to additional cumulative impacts on the Biodiversity of the site through exempt activities which has the potential to lead to further fragmentation of the key ecological communities and Riparian Corridor on the site.

Ku-ring-gai Local Strategic Planning Statement

The Planning Proposal is inconsistent with the following local planning priorities:

· K12. Managing change and growth in a way that conserves and enhances Ku-ring-gai’s unique visual and landscape character

· K13. Identifying and conserving Ku-ring-gai’s heritage

· K28. Improving the condition of Ku-ring-gai’s bushland and protecting native terrestrial and aquatic flora and fauna and their habitats

· K29. Enhancing the biodiversity values and ecosystem function services of Ku-ring-gai’s natural assets

· K30. Improving the quality and diversity of Ku-ring-gai’s urban forest

· K31. Increasing, managing and protecting Ku-ring-gai’s urban tree canopy

· K35. Protecting and improving the health of waterways and riparian areas

The Planning Proposal will result in the fragmentation of the site, impacting on the heritage significance and biodiversity and riparian values.

Ku-ring-gai Housing Strategy

Council’s adopted Ku-ring-gai Housing Strategy provides all new dwellings to 2036 from capacity within the existing planning controls and zoning. The Planning Proposal will not result in any additional dwelling delivery.

Section 9.1 Ministerial Directions and State Environmental Planning Policies (SEPPs)

The Planning Proposal is not inconsistent with the State Environmental Planning Policies (SEPPs) applicable to the site. Many of these SEPPs contain detailed provisions and controls which would only apply at the Development Application stage.

The Planning Proposal is inconsistent with the applicable s9.1 Ministerial Direction, specifically those relating to:

· 1.1 Implementation of Regional Plans

· 3.1 Conservation zones

· 3.2 Heritage conservation

· 3.6 Strategic Conservation Planning

Ku-ring-gai Local Planning Panel 19 August 2024

The Planning Proposal was originally considered at the KLPP 19 August 2024. At this meeting it was resolved:

A. That the Ku-ring-gai Local Planning Panel advise Council that consideration of the Planning Proposal be deferred at the request of the proponent.

Following the deferral, the proponent provided a submission prepared by Ingham Planning (Attachment A7) in response to Council’s assessment.

The key points from the Ingham Planning submission and Council’s response are included in a table included at Attachment A8. The submission does not raise any matters that result in a change to Council’s original assessment of the Planning Proposal.

Ku-ring-gai Local Planning Panel 21 October 2024

The Planning Proposal was rereported to the KLPP at the 21 October 2024 meeting. A copy of the KLPP Advice is included at Attachment A9. At this meeting the panel advised:

A. The Ku-ring-gai Local Planning Panel advises Council that the Planning Proposal does not proceed to Gateway Determination as it does not demonstrate site specific or strategic merit, specifically:

i. The Planning Proposal would enable the subdivision of the site in a highly irregular manner that does not reflect or reinforce the predominant subdivision pattern of the area, and therefore inconsistent with KLEP 2015 Clause 4.1(c) Minimum Lot Subdivision Size.

ii. The Planning Proposal will result in negative impacts on the heritage significance of the site and on the biodiversity and riparian ecological values of the site and is therefore inconsistent with KLEP 2015 Clause 4.1(b) Minimum Lot Subdivision Size.

iii. The Planning Proposal is inconsistent with the objectives of the C4 Environment Living zoning of the site which seek to ensure development does not have adverse impact on the ecological values and does not result in further fragmentation of the ecological communities, biodiversity or other significant vegetation and habitat.

iv. The Planning Proposal will result in the fragmentation of the site, impacting on the heritage significance and biodiversity and riparian values and will put at risk the ongoing operation of the Vegetation Management Plan applying to the site

i. The Planning Proposal is inconsistent with the strategic objectives of the Greater Sydney Region Plan, North District Plan and the Ku-ring-gai Local Strategic Planning Statement and Ministerial Directions relating to conservation of heritage and the protection of biodiversity and riparian lands.

C. Date of the decision:21 October 2024

D. Reasons for recommendation: The Panel supports the findings contained in the assessment report and endorses the reasons contained in that report for the recommendation that the Planning Proposal not proceed to Gateway Determination..

Voting: unanimous

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

P2.1.1 Land use strategies, plans and processes are in place to protect existing character and effectively manage the impact of new development

P2.1.1.2 Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs

Governance Matters

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. The Planning Proposal was referred to the Ku-ring-gai Planning Panel for advice under the Local Planning Panels Direction – Planning Proposals- Ministers Direction EPA Act 1979.

Risk Management

This is a privately-initiated Planning Proposal. Council needs to determine its position on the matter as to whether the Planning Proposal should proceed to Gateway Determination.

Financial Considerations

The Planning Proposal was subject to the relevant application fee under Council’s 2023/2024 Schedule of Fees and Charges. The cost of the review and assessment of the Planning Proposal is covered by this fee.

The Planning Proposal seeks to justify the change in minimum lot size for financial reasons, ‘The proposed change from Strata Plan applying to 47 Highfield to a Torrens Title would also increase the availability of funds that would be available to future occupants, given the differences in lending criteria between strata and freehold development. This additional funding will provide greater security on the conservation and maintenance of the areas of ecological significance and heritage significance.’ (p.33)

Social Considerations

The subject site of the Planning Proposal contains a heritage listed Inter-War Spanish Mission dwelling house designed by Leslie J Buckland. The proposed amendment to the minimum lot size development standard does not facilitate the conservation of the heritage values of the place, which include its special landscape character, and will lead to further degradation and definitive fragmentation.

Environmental Considerations

The site contains a heavily treed riparian corridor containing a natural watercourse within the Paddy Pallin Reserve. The majority of the site falls within Category 2 on the Riparian Lands and Watercourse Map in the KLEP 2015. The site contains Sydney Turpentine Ironbark Forest critically endangered ecological community and is mapped as Terrestrial Biodiversity Map in the KLEP 2015.

Community Consultation

The Planning Proposal has not been the subject of any community consultation. In the event that the Planning Proposal is issued a Gateway Determination by the Department of Planning, Housing and Infrastructure the Planning Proposal would be placed on statutory public exhibition in accordance with the requirements of the Gateway Determination, and Council’s Community Participation Plan.

Internal Consultation

The assessment of the Planning Proposal has involved consultation and assessment with Council’s Heritage Planner and Natural Areas Team Leader.

Summary

A Planning Proposal has been submitted for 47C Highfield Road and 47a Highfield Lane, Lindfield. The Planning Proposal seeks to amend the KLEP 2015 as follows:

· Reduce the minimum lot size development standard applying to 47C Highfield Road and 47a Highfield Lane from 1500sqm to 840sqm.

The subject site is highly constrained with environmental and heritage affectations. The site is mapped as containing biodiversity land and riparian land under the KLEP 2015, as well as being identified as a local heritage item. The site contains Sydney Turpentine Ironbark Forest Critically Endangered Ecological Community.

The Planning Proposal is inconsistent with the objectives of the C4 Environmental Zone, and the objectives of Clause 4.1 Minimum Lot Subdivision Size in the KLEP 2015.

The Planning Proposal will result in the fragmentation of the site, impacting on the heritage significance and biodiversity and riparian values.

The Planning Proposal does not demonstrate site specific or strategic merit and therefore there is no planning benefit in the amendments proposed.

Recommendation:

A. That the Planning Proposal does not proceed to Gateway Determination as it does not demonstrate site specific or strategic merit, specifically:

i. The Planning Proposal would enable the subdivision of the site in a highly irregular manner that does not reflect or reinforce the predominant subdivision pattern of the area, and therefore inconsistent with KLEP 2015 Clause 4.1(c) Minimum Lot Subdivision Size.

ii. The Planning Proposal will result in negative impacts on the heritage significance of the site and on the biodiversity and riparian ecological values of the site and is therefore inconsistent with KLEP 2015 Clause 4.1(b) Minimum Lot Subdivision Size.

iv. The Planning Proposal will result in the fragmentation of the site, impacting on the heritage significance and biodiversity and riparian values and will put at risk the ongoing operation of the Vegetation Management Plan applying to the site.

B. That Council advise the proponent and the Department of Planning, Housing and Infrastructure of its decision.

Alexandra Plumb

Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Planning Proposal 47 Highfield Road and 47a Highfield Lane - PP-2023-2002	Excluded	2024/257306
	A2	Planning Proposal Highfield Road Lindfield - Appendix 1 - Heritage Imapct Statement - PP-2023-2002	Excluded	2024/257307
	A3	Planning Proposal Highfield Road Lindfield - Appendix 2 - Proposed Lot 101 Landscape Plan - PP-2023-2002	Excluded	2024/257310
	A4	Planning Proposal Highfield Road LIndfield - Appendix 3 - Proposed Lot 102 Landscape Plan- PP-2023-2002	Excluded	2024/257312
	A5	Planning Proposal Highfield Road Lindfield - Appendix 4 - Vegetation Management Plan Lot 1 - PP-2023-2002	Excluded	2024/257317
	A6	Planning Proposal Highfield Road Lindfield - Appendix 5 - Amended Vegetation Management Plan Lot 2 dated August 2023 - PP-2023-2002	Excluded	2024/257320
	A7	Ingham Planning submission 47 Highfield Road - in response to KLPP Report and deferral	Excluded	2024/314951
	A8	Summary Ingham Submission - 47 Highfield Road - Council Response	Excluded	2024/324166
	A9 ⇩	KLPP October - 47 Highfield Road and 47a Highfield Lane, Lindfield		2024/357548

ATTACHMENT No: 9 - KLPP October - 47 Highfield Road and 47a Highfield Lane, Lindfield

Item No: GB.13

Ordinary Meeting of Council - 26 November 2024	MM.1 / 1

Item MM.1	CY00455/12

Ordinary Meeting of Council - 26 November 2024	GB.1 / 1

Item GB.1	CY00458/12

Attachments:	A1 ⇩	ARIC Minutes - 12 September 2024		2024/348902
	A2 ⇩	ARIC Minutes - 19 September 2024		2024/348903

Ordinary Meeting of Council - 26 November 2024	GB.2 / 1

Item GB.2	S04477

Attachments:	A1	Youth Advisory Committee Written submissions combined	Confidential
	A2⇩	Youth Advisory Terms of Reference	2024/357944
	A3	Youth Advisory Committee selection panel members biographies	Confidential
	A4	Youth Advisory Committee Panel Selection Report	Confidential
	A5	Youth Advisory Committee Assessment Methodology	Confidential

Land & Environment Court Costs

2020/2021 - 2024/2025

purpose of report:	To provide Council with recommendations for representatives to participate in Council’s Youth Advisory Committee.

background:	At the Ordinary Meeting of Council held on 21 May 2024 Council resolved to establish a Youth Advisory Committee. Expressions of Interest were sought for committee members and Council received 43 applications from young members of the community.

comments:	A selection panel was appointed to assess all applications according to the committee’s Terms of Reference. Following a merit-based assessment process, the selection panel recommended 15 applicants for Council to consider for appointment to the Committee. The selection panel also recommended nine (9) reserves who could be called upon should they be required.

recommendation:	That Council consider the recommendations from the selection panel and appoint 15 community members to participate in the Youth Advisory Committee. It is also recommended that Council approve the nine (9) reserves as listed in this report.

Ordinary Meeting of Council - 26 November 2024	GB.4 / 1

Item GB.4	FY00561/13

purpose of report:	To seek Council endorsement of the draft Annual Report for 2023–2024.

background:	Council is required to prepare, endorse and publish an annual report to the community on its activities for the 2023/24 financial year by 30 November. The Annual Report is one of the key accountability mechanisms between Council and the community and has been prepared in accordance with statutory requirements and guidelines.

comments:	The Annual Report provides details of Council’s performance during the 2023/24 year including achievements and challenges. The report includes Council’s audited Financial Statements for the year as well as information required by the Local Government Act Regulations. The Office of Local Government (OLG) provides statutory guidelines for preparation of all Integrated Planning & Reporting (IP&R) documents including council annual reports. The guidelines require Council to endorse the Annual Report prior to its publication and notification to the Minister.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council: A. Endorse the Annual Report 2023-2024, subject to final proofing, formatting and design. B. Note that the report will be published by 30 November 2024, and notified to the Minister (by providing a link to the Annual Report to the Office of Local Government).

Ordinary Meeting of Council - 26 November 2024	GB.5 / 1

Item GB.5	S13319/3

purpose of report:	To present the State of Our Ku-ring-gai Report 2024 to Council for endorsement.

background:	Following local government elections Council must review the Community Strategic Plan (CSP) before 30 June the following year. The review must include a report (State of our Ku-ring-gai Report) on the progress of implementation and the effectiveness of the CSP during the previous Council’s term.

comments:	The State of Our Ku-ring-gai Report must be presented to and endorsed at the second meeting of a newly elected council. The report must also be published on Council’s website alongside or appended to the Annual Report 2023-2024.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council: A. Endorse the State of Our Ku-ring-gai Report, subject to final proofing, formatting and design. B. Note that the report will be published with the Annual Report 2023-24 by 30 November 2024.

Ordinary Meeting of Council - 26 November 2024	GB.6 / 1

Item GB.6	FY00623/7
	3 September 2024

Ordinary Meeting of Council - 26 November 2024	GB.7 / 1

Item GB.7	FY00623/7
	3 September 2024

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2024.

background:	A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused. An appeal may also be commenced in relation to conditions of development consent and the issue of building information certificates and orders.

comments:	For the quarter ended 30 September 2024, Council’s legal and associated payments in relation to the Land and Environment Court were $246,574. This compares with the annual budget of $1,338,800.

recommendation:	That the analysis of Land and Environment Court costs for the year ended 30 September 2024 be received and noted.

Financial year	Number of appeals received (whole year)
2020/2021	13
2021/2022	18
2022/2023	36
2023/2024	15
2024/2025 (as at 30 SEP 2024)	4

Land & Environment Court Costs 2020/2021 - 2024/2025
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2020/2021* ( 13 appeals lodged)	$1,512,459	$356,735	$501,925	$278,510	$375,289
2021/2022 * (18 appeals lodged)	$1,114,447	$402,328	$258,053	$226,500	$227,566
2022/2023 (36 appeals lodged)	$1,261,734	$324,397	$300,017	$474,367	$162,953
2023/2024 (15 appeals lodged)	$1,183,240	$381,788	$366,869	$204,835	$229,748
2024/2025 ( 4 appeals lodged)	$246,574	$246,574