Agenda of Ordinary Meeting of Council - Tuesday, 17 December 2024

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 17 December 2024 AT 7:00PM

Level 3, Council Chamber

Agenda

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

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

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

The Livestream can be viewed here:

https://www.krg.nsw.gov.au/Council/Council-meetings/Council-meeting-live-stream

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the KRG website. Although Council will do its best to ensure the public is excluded from the livestream, Council cannot guarantee a person’s image and/or voice won’t be broadcast. Accordingly, attendance at Council meetings is considered consent by a person for their image and/or voice to be webcast. Council accepts no liability for any damage that may result from defamatory comments made by persons attending meetings. As per clause 15.21 of Council’s Code of Meeting Practice, a person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording or photograph of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the council.

In accordance with clause 3.23 of the Model Code of Meeting Practice, Councillors are reminded of the oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Please refer to Part 4 of Council’s Code of Conduct for Pecuniary Interests and Part 5 of Council’s Code of Conduct for Non-Pecuniary Interests.

The Oath or Affirmation taken is as below:

Oath:

I [name of Councillor] swear that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Affirmation:

I [name of Councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

GB.6 RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve

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

Attachment 1: RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve - List of Submitters

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

Attachment 2: RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve - Tender Evaluation Report

GB.7 RFT34-2024 Design and Construct - 25M Indoor pool refurbishment KFAC

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

Attachment 1: RFT34-2024 25M Indoor Pool refurbishment - List of Submitters

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

Attachment 2: RFT34-2024 25M Indoor Pool Refuerbishment - Tender Evaluation Report

GB.13 Public EV Charging Proposals - NSW Kerbside Charging Program Round 1

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

Attachment 5: EVIE Networks Proposed Commercial Rates - April 2024

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 8

File: S02131

Meeting held 26 November 2024

Minutes numbered 212 to 232

minutes from the Mayor

Petitions

GENERAL BUSINESS

i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

GB.1 Code of Conduct - Complaint Statistics 23

File: S08447

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 for the twelve months to 31 August 2024.

Recommendation:

That the report under Part 11 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 be received and noted.

GB.2 Ku-ring-gai Community Grants Program - Request to Reallocate Grant Funds 31

File: FY00432/15

For Council to consider a request from SHARE Inc. to reallocate grant funding, which was initially awarded for a Diwali celebration in October 2024, to a Holi Festival event proposed for February 2025.

Recommendation:

That Council consider the request from SHARE Inc and approve the reallocation of $2,300 grant funding intended for a Diwali event in October 2024 to a Holi festival celebration proposed for March 2025.

GB.3 Investment Report as at 30 November 2024 37

File: FY00623/7

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

Recommendation:

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

GB.4 Project Status Report - November 2024 45

File: FY00621/7

To provide Council with the Project Status Report for August – November 2024.

Recommendation:

That Council receive and note the Project Status Report for August – November 2024.

GB.5 Ku-ring-gai Traffic Committee Meeting Dates for 2025 51

File: CY00022/16

To determine the Ku-ring-gai Traffic Committee meeting dates for 2025.

Recommendation:

That the Ku-ring-gai Traffic Committee meetings for 2025 be scheduled quarterly between February and November as per dates specified and that meetings are held only as required.

GB.6 RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve 54

File: RFT2-2024/R

To consider the tenders received for RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve St Ives and to appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulation 2021, it is recommended Council accept the Tender submitted by Tenderer ‘A’.

GB.7 RFT34-2024 Design and Construct - 25M Indoor pool refurbishment KFAC 58

File: RFT34-2024/R

To consider the tenders received for RFT34-2024 Design and Construct 25M Indoor Pool Refurbishment KFAC and to appoint the preferred tenderer.

Recommendation:

Based on the assessment undertaken, the Tender Evaluation Committee recommends the following:

A. As a result of considering the tenders submitted for the proposed RFT34-2024 Design and Construction 25M Indoor Pool Refurbishment KFAC contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 2021 (“the Regulation”), Council declines to accept any of the tenders.

B. Fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited due to the current deadlines and condition of the pool.

C. Pursuant to clause 178(3)(e) of the Regulation, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender in terms acceptable to Council’s requirements.

D. The Mayor and the General Manager be delegated authority to execute all documents on Council’s behalf in relation to any contract formed as a result of the above.

E. The Seal of Council be affixed to all necessary documents.

F. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Regulation.

GB.8 Heritage Reference Committee meeting minutes of 7 November 2024 63

File: CY00413/12

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 7 November 2024.

Recommendation:

That Council receives and notes the HRC minutes from 7 November 2024.

GB.9 Ku-ring-gai Green Grid Draft Strategy 69

File: S12691

To provide an overview of the draft Ku-ring-gai Green Grid Strategy and seek Council’s endorsement to place the draft strategy on public exhibition.

Recommendation:

That Council endorse the draft Ku-ring-gai Green Grid Strategy for public exhibition

GB.10 Affordable Housing Options Paper and Draft Affordable Housing Policy 146

File: S12139-12

For Council to consider the Affordable Housing Options Paper and Draft Ku-ring-gai Affordable Housing Policy for public exhibition.

Recommendation:

That Council endorse the Draft Ku-ring-gai Affordable Housing Policy for public exhibition.

The Affordable Housing Options Paper and Education Brochure will be made available as supporting documents to the exhibition.

GB.11 Low and Mid-Rise Housing SEPP: Proposed Dual Occupancy Provisions for Ku-ring-gai Local Environmental Plan 2015 252

File: S14428

To seek Council's support to progress discussions with State government on the dual occupancy component of the Low and Mid-rise Housing reforms, namely on minimum lot sizes.

Recommendation:

That Council present the three minimum lot size Options within this report to the Department of Planning, Housing and Infrastructure to progress the next steps, including community consultation.

GB.12 Draft Terms of Reference - Environment Committee and Smart Transport Advisory Committee 284

File: S14696

For Council to consider the draft Terms of Reference of the Environment Committee and the Smart Transport Advisory Committee for adoption and to make appointments to these committees.

Recommendation:

That Council:

A. Adopt the Environment Committee and Smart Transport Advisory Committee Terms of Reference

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

C. appoint a Chairperson and Deputy Chairperson to both committees for the 2024-26 Mayoral term; and

D. note that community membership of both committees will be reviewed and recommendations brought back to Council by 8 April 2025.

GB.13 Public EV Charging Proposals - NSW Kerbside Charging Program Round 1 298

File: S13127

This report presents the community consultation results for five (5) EVIE Networks site proposals that have been awarded Round 1 funding. This report also recommends which of these site proposals to progress through planning assessments, based on the community consultation results.

Recommendation:

A. That Council progresses the necessary approval assessments and negotiation of commercial terms required for development and installation of the site proposals at:

o 9 Coonanbarra Road, Wahroonga

o 2-8 Turramurra Avenue and Gilroy Lane, Turramurra

o 1 Reading Avenue, East Killara

o 2 Lord Street, Roseville

B. Subject to assessment and negotiation of commercial terms, that Council approves the development and installation of the proposed chargers for the above sites.

Extra Reports Circulated to Meeting

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 26 November 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) Acting Director Strategy & Environment (Jacob Sife) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Eliza Gilbank-Heim)

Others Present:	Manager Urban and Heritage Planning (Antony Fabbro)

The Meeting commenced at 7:00PM

The Mayor offered the Acknowledgement of Country and Prayer.

212

Apologies

File: S02194

The Director of Development & Regulation advised of an apology from the Director of Strategy & Environment, Andrew Watson, due to being on leave with Jacob Sife acting as Director of Strategy & Environment.

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:	An explanatory memorandum for item GB.12 – Proposed redevelopment of St Ives Shopping Village involving adjoining Council land and road reserve – minor corrections/clarifications was circulated to the Mayor and Councillors on 12 November 2024.
Late Confidential Items:	C.1 - Land and Environment Court - Transport Oriented Development SEPP - Report by General Manager dated 22 November 2024
Confidential Memorandums:	A memorandum for item C.1 Land and Environment Court - Transport Oriented Development SEPP was circulated to the Mayor and Councillors on 26 November 2024.

213

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Spencer/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 - Transport Oriented Development SEPP

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

CARRIED UNANIMOUSLY

214

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Spencer/Pettett)

GB.3 Youth Advisory Committee

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

Attachment 1: Youth Advisory Committee written submission combined

Attachment 3: Youth Advisory Committee selection panel members

biographies

Attachment 4: Youth Advisory Committee Panel Selection Report

Attachment 5: Youth Advisory Committee Assessment Methodology

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

215

Minutes of Ordinary Meeting of Council

File: EM00043/8

Meeting held 8 October 2024

Minutes numbered 180 to 187

Resolved:

(Moved: Councillors Pettett/Spencer)

That Minutes numbered 180 to 187 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

216

Minutes of Ordinary Meeting of Council

File: EM00043/9

Meeting held 22 October 2024

Minutes numbered 188 to 207

Resolved:

(Moved: Councillors Pettett/Spencer)

That Minutes numbered 188 to 207 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

217

Minutes of Extraordinary Meeting

File: EM00043/11/2

Meeting held 30 October 2024

Minutes numbered 208 to 211

Resolved:

(Moved: Councillors Pettett/Spencer)

That Minutes numbered 208 to 211 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

218

Vale Bill Jones, Dedicated Environmental Volunteer

File: CY00455/12

Vide: MM.1

It is my sad duty to inform the Council and Ku-ring-gai residents of the passing of a dedicated community member and environmental volunteer, Bill Jones.

Bill and his wife Noela were longstanding locals and first became involved with the Bushcare movement back in the early 1980s, when they began volunteering for the ‘Voluntary Bush Regeneration Group’ formed in 1983 to work in reserves in Ryde, North Epping, Ku-ring-gai and Lane Cove National Park.

Enthused by this initial experience, Bill and Noela moved to West Pymble in the early 90s and immediately became involved with environmental group KuBES – or the Ku-ring-gai Bushland Environmental Society.

Bill was President for several years until KuBES merged with STEP (the South Turramurra Environmental Protection Society Inc). Noela became the coordinator of Lane Cove National Park volunteers, and along with Bill led bushwalks for STEP and the Friends of Lane Cove National Park.

A former CSIRO scientist, Bill devoted his retirement years to working tirelessly as an environmental volunteer. He volunteered for Bushcare at Quarry Creek for decades, regenerating weed infested areas into healthy natural bushland alongside Noela.

Later he and Noela turned their attention to Bicentennial Park, to stop the balloon vine which was rampant there from spreading downstream. Another of the couple’s favourite sites was Wallalong Crescent, where they persuaded Council to stop mowing to increase the recovery of several native grass species and boost the area’s biodiversity.

Bill and Noela were trainers and educators for several Ku-ring-gai Bushcare groups. Their passion for the local environment and its wildlife was so inspiring that many volunteers they taught subsequently enrolled in TAFE to gain formal qualifications.

In addition to his Bushcare duties, Bill was an active member of the Australian Plants Society, North Shore Group. He gave advice on signage, led walks at the Ku-ring-gai Wildflower Garden and presented several talks each year on plant identification. Thanks to Bill, this program became one of the Society’s most successful in informing residents about native plants and their identification.

In 2012 Bill and Noela were recognised with a Mayoral Award for their outstanding contribution to the Ku-ring-gai community. The citation acknowledged their ‘dedication, passion and ongoing commitment’ to environmental education and volunteering. “Without their passion the creek and surrounding bushland would be overrun with lantana and privet…. that strangle and pollute the beauty of our precious bushland”.

The Council and our community have lost a dedicated and committed volunteer in Bill Jones - and his family have lost a much-loved man. On behalf of Council, I express our sincere condolences to his widow Noela and Bill’s family and friends.

Resolved:

(Moved: The Mayor, Councillor Kay)

A. That the Mayoral Minute be received and noted

B. That we stand for a minute’s silence to honour Bill Jones

C. That the Mayor write to Bill Jones’ family and encloses a copy of the Mayoral Minute

CARRIED UNANIMOUSLY

PETITIONS

Nil.

GENERAL BUSINESS

219

Minutes of Audit, Risk & Improvement Committee Meetings held on 12 and 19 September 2024

File: CY00458/12

Vide: GB.1

To provide Council with the minutes from the Audit, Risk & Improvement Committee meetings held on 12 and 19 September 2024 for adoption.

Resolved:

(Moved: Councillors Spencer/Pettett)

That the minutes from the Audit, Risk & Improvement Committee meetings held on 12 and 19 September 2024 be adopted.

CARRIED UNANIMOUSLY

220

Youth Advisory Committee

File: S04477

Vide: GB.2

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

Resolved:

(Moved: Councillors Spencer/Pettett)

A. That Council considers the selection panel recommendations and appoints 15 community members to participate in the Youth Advisory Committee.

B. That Council considers the selection panel recommendations and appoints nine (9) reserves to the Youth Advisory Committee.

CARRIED UNANIMOUSLY

221

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

File: FY00259/17

Vide: GB.3

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.

Resolved:

(Moved: Councillors Spencer/Pettett)

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

CARRIED UNANIMOUSLY

222

Ku-ring-gai Council Annual Report 2023-2024

File: FY00561/13

Vide: GB.4

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

Resolved:

(Moved: Councillors Spencer/Pettett)

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).

CARRIED UNANIMOUSLY

223

State of our Ku-ring-gai Report 2024

File: S13319/3

Vide: GB.5

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

Resolved:

(Moved: Councillors Spencer/Pettett)

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.

CARRIED UNANIMOUSLY

224

Investment Report as at 31 October 2024

File: FY00623/7

Vide: GB.6

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

Resolved:

(Moved: Councillors Spencer/Pettett)

That:

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

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

CARRIED UNANIMOUSLY

225

Analysis of Land and Environment Court Costs - 1st Quarter 2024 to 2025

File: FY00623/7

Vide: GB.7

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

Resolved:

(Moved: Councillors Spencer/Pettett)

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

CARRIED UNANIMOUSLY

226

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

File: S09112/13

Vide: GB.8

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.

Resolved:

(Moved: Councillors Spencer/Pettett)

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

CARRIED UNANIMOUSLY

227

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

File: CY00368/14

Vide: GB.9

To set Council Meeting and Public Forum dates for 2025.

Resolved:

(Moved: Councillors Spencer/Pettett)

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

CARRIED UNANIMOUSLY

228

Policy Updates - Drone (Remotely Piloted Aircraft) Policy

File: CY00826/2

Vide: GB.10

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

Resolved:

(Moved: Councillors Spencer/Pettett)

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

CARRIED UNANIMOUSLY

229

Post exhibition report for the draft Planning Agreement Policy

File: S06198

Vide: GB.11

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

Resolved:

(Moved: Councillors Spencer/Pettett)

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

CARRIED UNANIMOUSLY

230

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

File: S14225

Vide: GB.13

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

Resolved:

(Moved: Councillors Spencer/Pettett)

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.

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.

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

CARRIED UNANIMOUSLY

231

Land and Environment Court - Transport Oriented Development 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.

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 22 November 2024.

Resolved:

(Moved: Councillors Spencer/Pettett)

That Council accept the proposed mediation agreement detailed in this report.

CARRIED UNANIMOUSLY

232	Proposed redevelopment of St Ives Shopping Village involving adjoining Council land and road reserve File: S14469 Vide: GB.12
	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.
	MOTION: (Moved: Councillors Devlin/Smith) That Council note the contents of this report. That Council staff commence the statutory road closure process in accordance with the relevant provisions of the Roads Act 1993. That following public exhibition for a period of 28 days (commencing in February 2025), a report be brought back to Council outlining objections to the application and how these objections are to be satisfied, before Council considers endorsing the closure of the roads. That the public exhibition include more detailed concepts of what is proposed by the applicant. That upon the issuance of the Certificate of Title, the land be classified as Operational Land. 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. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Devlin/Smith) That Council note the contents of this report. That Council staff commence the statutory road closure process in accordance with the relevant provisions of the Roads Act 1993. That following public exhibition for a period of 28 days (commencing in February 2025), a report be brought back to Council outlining objections to the application and how these objections are to be satisfied, before Council considers endorsing the closure of the roads. That the public exhibition include more detailed concepts of what is proposed by the applicant. That upon the issuance of the Certificate of Title, the land be classified as Operational Land. 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. 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 7:13pm

The Minutes of the Ordinary Meeting of Council held on 26 November 2024 (Pages 1 - 22) 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
L1.1: A shared long-term vision underpins strategic collaboration and partnerships and builds leadership capacity.	L1.1.1: The priorities of our community, as reflected in the Community Strategic Plan, inform Council’s policy development, decision-making and program delivery	L1.1.1.3: Provide regular reporting to the community on performance and progress against Council’s Delivery Program and Operational Plan.

Ordinary Meeting of Council - 17 December 2024	GB.2 / 1

Item GB.2	FY00432/15

Ku-ring-gai Community Grants Program - Request to Reallocate Grant Funds

EXECUTIVE SUMMARY

purpose of report:	For Council to consider a request from SHARE Inc. to reallocate grant funding, which was initially awarded for a Diwali celebration in October 2024, to a Holi Festival event proposed for February 2025.

background:	At the Ordinary Meeting of Council on 22 October 2024, Council approved a $2,300 grant to SHARE Inc. for a Diwali celebration in Ku-ring-gai. Due to the timing of the Community Grants report going to Council, plus logistical challenges, the planned Diwali event could not proceed in October 2024, as originally intended. SHARE Inc has approached Council requesting the funding be reallocated for a Holi Festival event in March 2025.

comments:	The request from SHARE Inc to present a Holi festival event in March 2025 provides an opportunity for the community to celebrate this significant cultural festival. While Diwali celebrates the victory of light over darkness and good over evil, the Holi festival marks the arrival of spring. Holi, with its vibrant cultural activities, aligns with Council’s goals of promoting cultural diversity and community engagement.

recommendation:	That Council consider the request from SHARE Inc and approve the reallocation of $2,300 grant funding intended for a Diwali event in October 2024 to a Holi festival celebration proposed for March 2025.

Purpose of Report

Background

At the Ordinary Meeting of Council on 22 October 2024, Council approved a $2,300 grant to SHARE Inc. for a Diwali celebration in Ku-ring-gai. Due to the delay in the Community Grants report not going to Council until October, plus logistical challenges, the planned Diwali event could not proceed in October 2024, as originally intended.

SHARE Inc has approached Council requesting the funding be reallocated for a Holi festival event in March 2025.

Comments

The request from SHARE Inc to reallocate funds from Diwali to Holi presents an opportunity for the community to celebrate a significant cultural festival in March 2025.

While Diwali celebrates the victory of light over darkness and good over evil, the Holi festival marks the arrival of spring and emphasizes joy, love, and the renewal of relationships. Holi, with its vibrant cultural activities, aligns with the goals of promoting cultural diversity and community engagement.

To assist Council in assessing the proposed reallocation of grant funds, additional information was requested from SHARE Inc regarding the Holi festival event. (Attachment 1)

Additional information from SHARE Inc included:

Planned Activities: A detailed outline of the event's key activities, such as cultural performances, workshops, or community engagement initiatives.

The HOLI event will include traditional dance performances, colour-play activities, cultural storytelling sessions, and music, offering opportunities for cultural appreciation and active community engagement.

Budget Allocation: A clear breakdown of how the grant funds will be utilized across various event components, including venue costs, performers, materials, and marketing.

The proposed allocation of the $2,300 grant is as follows:

Venue and light refreshments: 30% ($750)

Performers and cultural artists: 25% ($625)

Materials (colour supplies): 20% ($500)

Marketing and promotion: 15% ($375)

Miscellaneous expenses (safety equipment, volunteer support): 10% ($250)

Event Objectives: Defined objectives for the Holi event, focusing on its community engagement goals, cultural awareness initiatives, and anticipated audience reach, and how these align with the original intent of the Diwali grant.

The event aims to foster community engagement, enhance cultural awareness, and create an inclusive space for intercultural exchange. These objectives align with the original intent of the Diwali grant by promoting Indian cultural traditions and strengthening community connections.

While Diwali and Holi occur at different times of the year and celebrate different occasions, their overarching aims and outcomes are comparable. Diwali, being more familiar to many, contrasts with the Holi festival, which presents an opportunity to introduce the community to a lesser known yet equally vibrant cultural tradition. Celebrating the Holi festival has potential to broaden cultural engagement while appealing to a comparable audience and fostering similar community connections.

The request to reallocate grant funds from a Diwali celebration to a Holi festival event has been carefully reviewed by staff who assessed the 2024 Community Grants program. After taking into account the change in the timing of the event, the nature of the proposed activities, and the alignment with the original grant's intent, it is considered that the request is fair and reasonable.

Additionally, the Holi festival event offers an opportunity to showcase a vibrant cultural tradition and promote inclusivity and community engagement, which aligns with the overarching goals of the Community Grants Program.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C1.1 An equitable and inclusive community that cares and provides for its members	C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.	Resource and support local initiatives and organisations through the Ku-ring-gai Community Grants program.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C1.1 An equitable and inclusive community that cares and provides for its members

C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.

Resource and support local initiatives and organisations through the Ku-ring-gai Community Grants program.

Governance Matters

The 2024 Ku-ring-gai Council Community Grants Program is supported by adopted guidelines, funding categories, eligibility criteria and application and selection process information.

All community groups and organisations receiving funding from Council are required to complete formal Funding Agreements and undertake an acquittal process. They must also comply with the Terms and Conditions of the program. The acquittal process will apply to this grant regardless of the timing of the event.

The Conditions of Funding, outlined in the Funding Agreement, state that any request to change the purpose of the grant must be submitted in writing, detailing the reasons for the proposed change. Any significant variations are reported to Council for consideration and approval.

Risk Management

The Community Grants Program covers a range of projects and events and within each of these categories there are a variety of associated risks. There are measures in place including Funding Agreements and Terms and Conditions, to mitigate any potential risks.

Financial Considerations

The proposed reallocation of funding of $2,300 from a Diwali event in October 2024 to a Holi festival event in 2025 does not involve additional expenditure and remains within the scope of the existing Community Grants Program budget.

Social Considerations

The 2024 Ku-ring-gai Council Community Grants Program is guided by priority funding areas that address identified social and arts and cultural needs in the Ku-ring-gai area. A change from a Diwali event to a Holi festival celebration offers a different opportunity for residents to participate in and engage with a vibrant cultural tradition.

Both events support the program's broader goals of fostering inclusivity, cultural diversity, and community connections. Cultural considerations and community interests have been considered in the evaluation of this request.

Environmental Considerations

Projects funded under this program aim to contribute to a sustainable community, with some initiatives potentially incorporating elements that offer environmental benefits.

Community Consultation

Community consultation has not been required for this report.

Internal Consultation

Internally, relevant Council staff have reviewed the request to assess its alignment with the objectives and scope of the Community Grants Program. Feedback has been incorporated into this report to support Council’s consideration of the proposal.

Summary

At the Ordinary Meeting of Council on 22 October 2024, Council approved a $2,300 grant to SHARE Inc. for a Diwali celebration in Ku-ring-gai. Due to the delay of the Community Grants report not going to Council until October, plus logistical challenges, the planned Diwali event could not proceed in October 2024, as originally intended.

SHARE Inc has approached Council requesting the funding be reallocated for a Holi Festival event in March 2025.The request from SHARE Inc carefully reviewed, taking into account the timing change, the nature of the proposed activities, and alignment with the original grant's intent.

The Holi festival event offers an opportunity to showcase a vibrant cultural tradition and promote inclusivity and community engagement, which aligns with the overarching goals of the Community Grants Program.

Financially, the reallocation remains within the scope of the existing program budget, without requiring additional expenditure.

Socially, the change offers Ku-ring-gai residents the chance to engage with a lesser-known celebration, fostering cultural awareness and enhancing community connections.

Recommendation:

A. That Council approve the request from SHARE Inc to reallocate $2,300 Community Grant funding for a Diwali event in October 2024, to a Holi festival celebration proposed for March 2025.

B. That SHARE Inc be notified of Council’s decision.

Danny Houseas

Manager Community Development

Janice Bevan

Director Community

Attachments:

A1⇩

Email from SHARE - Request to Reallocate Grant Funds for HOLI Event - 17 December 2024

2024/393149

Ordinary Meeting of Council - 17 December 2024	GB.3 / 1

Item GB.3	FY00623/7
	3 September 2024

Investment Report as at 30 November 2024

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for November 2024.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:	The net return on investments for the financial year to the end of November 2024 was $4,390,000, against the budget of $3,464,000 giving a year-to-date favourable variance of $926,000. The favourable variance will be reflected in the 2024-25 December Quarterly Budget Review.

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

Purpose of Report

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

Background

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Comments

Investment Portfolio Performance Snapshot

The table below provides the investments portfolio performance against targets identified in Council’s Investment Policy as well as other key performance indicators based on industry benchmarks.

Cumulative Investment Returns against Budget

The net return on investments for the financial year ending 30 November 2024 was $4,390,000, compared to the budget of $3,464,000, resulting in a favourable year-to-date variance of $926,000, due to a higher average interest rate than originally budgeted and a larger investments portfolio than anticipated. The favourable outcome will be reflected in the 2024-25 December Quarterly Budget Review

A comparison of the cumulative investment returns against year-to-date budget is shown in the chart below.

Cash Flow and Investment Movements

Council’s total cash and investment portfolio as at 30 November 2024 was $224,619,000 compared to $217,307,000 at the end of October 2024, a net cash inflow of $7,312,000 mainly due to the second instalment of the rates income and contributions.

During the month, three investments matured, and one new investment was made.

Investment Performance against Industry Benchmark

Overall, the investment performance in November was above the industry benchmark.

The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

Table 2 below provides a summary of all investments by type and performance during the month.

Table 2 - Investments Portfolio Summary during November 2024

* Weighted average returns.

** Funds in at-call/short term accounts are working funds kept for the purpose of meeting short term cash outflow requirements. Large balance for the month is due to planned property acquisitions. At-call investments portfolio is being monitored on a regular basis to ensure funds are reinvested at higher rates when opportunities arise, whilst also keeping and adequate balance for short-term cash outflows.

*** Market Values as at 30 November 2024 were not available at the time of writing the report.

Investment by Credit rating and Maturity Profile

The allocation of Council’s investments by credit rating and the maturity profile are shown below:

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

Council maintains and improves its long-term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Section 212 of the Local Government (General) Regulation 2005 states:

(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.

Risk Management

Council manages the risk associated with investments by diversifying the types of investment, credit quality, counterparty exposure and term to maturity profile.

Council invests its funds in accordance with The Ministerial Investment Order.

All investments are made with consideration of advice from Council’s appointed investment advisor, CPG Research & Advisory.

Financial Considerations

The budget for interest on investments for the financial year 2024/2025 is $6,973,300. Of this amount approximately $3,664,300 is restricted for the benefit of future expenditure relating to development contributions, $1,299,200 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $2,009,800 is available for operations. The budget will be adjusted in the 2024 – 25 December Quarterly Budget Review to reflect the favourable performance.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investment Policy.

Summary

As at 30 November 2024:

· Council’s total cash and investment portfolio is $224,619,000, an increase of $7,312,000 from the previous month.

· The net return on investments for the financial year to the end of 30 November 2024 was $4,390,000 against the budget of $3,464,000, resulting in a favourable year-to-date variance of $926,000, due to a higher average interest rate than originally budgeted and a larger investments portfolio than anticipated. The budget will be adjusted in the 2024 – 25 December Quarterly Budget Review to reflect the favourable performance.

Recommendation:

That:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Director Corporate

Mette Kofoed

Acting Manager Finance

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.	Council's Governance framework is developed to ensure probity and transparency.	Business papers and associated minutes are published in an accurate and timely manner for public scrutiny and to encourage community participation.

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
T2.1: The local road network is managed to achieve a safe and effective local road network.	T2.1.1: Safety and efficiency of the local road and parking network are improved and traffic congestion is reduced.	T2.1.1.2: Implement the 10 year Traffic and Transport Program.

Ordinary Meeting of Council - 17 December 2024	GB.7 / 1

Item GB.7	RFT34-2024/R

RFT34-2024 Design and Construct - 25M Indoor pool refurbishment KFAC

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for RFT34-2024 Design and Construct 25M Indoor Pool Refurbishment KFAC and to appoint the preferred tenderer.

background:	Council has approved the funding for the 25M Indoor pool refurbishment. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 17 September 2024 and closed on the 8 October 2024.

comments:	Council received four (4) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council. The approved evaluation plan has been followed and the award of a contract has been put on hold due to three (3) Tenderers not demonstrating suitable experience in commercial pool refurbishment and one (1) Tender submission being non–conforming. The Tender Evaluation Committee is recommending to reject all tenders under Clause 178(1) of the Local Government Regulation 2021 and negotiate under Clause 178(3)(e) of the Regulation to ensure Council has secured the most suitable contractor at the best value for money.

recommendation:	Based on the assessment undertaken, the Tender Evaluation Committee recommends the following: A. As a result of considering the tenders submitted for the proposed RFT34-2024 Design and Construction 25M Indoor Pool Refurbishment KFAC contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 2021 (“the Regulation”), Council declines to accept any of the tenders. B. Fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited due to the current deadlines and condition of the pool. C. Pursuant to clause 178(3)(e) of the Regulation, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender in terms acceptable to Council’s requirements. D. The Mayor and the General Manager be delegated authority to execute all documents on Council’s behalf in relation to any contract formed as a result of the above. E. The Seal of Council be affixed to all necessary documents. F. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Regulation.

Purpose of Report

To consider the tenders received for RFT34-2024 Design and Construct 25M Indoor Pool Refurbishment KFAC and to appoint the preferred tenderer.

Background

Council has approved the funding for the 25M Indoor pool refurbishment.

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation 2021. Tender documents were released through Tenderlink on 17 September 2024 and closed on the 8 October 2024.

Comments

Council received four (4) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

The approved evaluation plan has been followed and the award of a contract has been put on hold due to three (3) Tenderers not demonstrating suitable experience in commercial pool refurbishment and one (1) Tender submission being non–conforming.

The Tender Evaluation Committee is recommending to reject all tenders under Clause 178(1) of the Local Government Regulation 2021 and negotiate under Clause 178(3)(e) of the Regulation to ensure Council has the best value for money.

Construction is scheduled for March 2025 and going through the negotiation process should still allow for construction as planned.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

integrated planning and reporting

P7: Enhancing community buildings and facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

P7.1: Multipurpose community buildings and facilities are available to meet the communities diverse and changing needs

P7.1.1 The condition and

functionality of existing and new

assets is improved.

P7.1.1.1: Implement a prioritised program of

improvements to community meeting rooms, halls,

buildings and facilities.

Governance Matters

Tender documents were prepared and released through Tenderlink 17 September 2024 and closed on the 8 October 2024. At the close of tender, four (4) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Committee was formed to assess the four (4) tenders received. The evaluation considered:

· Conformity of submission.

· Total Lump sum fee totalled from the range of services to be provided.

· Resources provided to complete services.

· Organisational suitability in providing quality resources.

· Risk Management/Environmental and Work Health and Safety.

· Performance and Financial Assessment.

Confidential attachments to this report include the list of tenders received and the Tender Evaluation Report and recommendation. The attachments are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed contract:

· That the design and construction be carried out by a contractor with the ability to provide a full range of services with suitably qualified staff.

· Risk Management, Environmental and WHS.

· That Council should not be exposed to financial risk - as part of the evaluation process, tenderers were assessed on providing all information and costs requested within the tender document. Prior to awarding a contract, an independent Performance and Financial Assessment will be carried out on the preferred contractor to ensure that they are trading responsibly and have the financial capacity to undertake the contract as detailed within the tender documents.

Financial Considerations

The design and construction of the 25M indoor pool refurbishment at Ku-ring-gai Fitness and Aquatic Centre will be funded through Council Infrastructure and Facilities Reserve general funds.

Social Considerations

On completion of the refurbishment, the 25M indoor pool will be a safe and enjoyable leisure facility for the whole community to enjoy which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions.

Environmental Considerations

There is no significant environmental impacts due to the works.

Community Consultation

The Ku-ring-gai Fitness and Aquatic Centre lessee the “Y” has been consulted.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT34-2024 Design and construction 25M indoor pool refurbishment KFAC was released through Tenderlink on 17 September 2024 and closed on the 8 October 2024. A Tender Evaluation Panel assessed the submissions. Council received four (4) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Recommendation:

That:

A. As a result of considering the tenders submitted for the proposed RFT34-2024 Design and construction 25M Indoor Pool Refurbishment KFAC contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 2021 (“the Regulation”), Council declines to accept any of the tenders.

B. Fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited due to the current deadlines and condition of the pool.

C. Pursuant to Clause 178(3)(e) of the Regulation, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender in terms acceptable to Council’s requirements.

D. The Mayor and the General Manager be delegated authority to execute all documents on Council’s behalf in relation to any contract formed as a result of the above.

E. The Seal of Council be affixed to all necessary documents.

F. All tenderers be advised of Council’s decision in accordance with clause 178 of the Regulation.

Craig Roberts

Project Manager

William Birt

Acting Manager Technical Services

Attachments:	A1	RFT34-2024 25M Indoor Pool refurbishment - List of Submitters		Confidential
	A2	RFT34-2024 25M Indoor Pool Refuerbishment - Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 17 December 2024	GB.9 / 1

Item GB.9	S12691

Ku-ring-gai Green Grid Draft Strategy

EXECUTIVE SUMMARY

purpose of report:	To provide an overview of the draft Ku-ring-gai Green Grid Strategy and seek Council’s endorsement to place the draft strategy on public exhibition.

background:	The Sydney Green Grid project is a metropolitan wide strategy with projects to be delivered by local authorities to connect Sydney's green spaces. In simple terms it can be described as “a network of corridors to connect green spaces and centres”. These corridors are made up of paths, bike lanes, trails, and vegetation. This means they serve the dual purpose of allowing people to walk or use active transport to get between open spaces and centres and serve as ecological corridors to promote biodiversity. These green spaces can be public open space such as parks or recreation areas and bushland.

comments:	The draft strategy has been developed by Council staff in parallel with the Urban Forest Strategy and as an output of the LSPS. The development of the network has included collaboration with external stakeholders.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council endorse the draft Green Grid Strategy for public exhibition.

Purpose of Report

To provide an overview of the draft Ku-ring-gai Green Grid Strategy and seek Council’s endorsement to place the draft strategy on public exhibition.

Background

The aim of the Ku-ring-gai Green Grid is to facilitate the connection of key areas of public and private open space, national parks and bushland, suburbs, key local and neighbourhood centres and adjacent Local Government Areas (LGA’s).

The purpose of this strategy is to prepare a Ku-ring-gai specific local Green Grid as outlined in the Local Strategic Planning Statement (LSPS). This includes:

· Reviewing and assessing the practicality and feasibility of the Sydney Green Grid Projects identified for the Ku-ring-gai LGA;

· reviewing and assessing the practicality and feasibility Ku-ring-gai walking trails as identified within the Ku-ring-gai Destination Management Plan 2017 -2020;

· reporting on how the Green Grid may support potential biodiversity connections and corridors as per the Ku-ring-gai Biodiversity and Riparian Lands Study Version 5;

· articulating a vision, goals and actions for the strategy;

· recommending a preferred network for the Green Grid; and

· defining a staging and implementation plan.

Ku-ring-gai’s Local Strategic Planning Statement (LSPS) adopted in 2020 gives details of the framework for our Ku-ring-gai green grid which will deliver on both the metropolitan network and our own local grid.

The Local Strategic Planning Statement Priorities that are relevant to the Ku-ring-gai Green Grid Strategy are summarised below:

• K32. Protecting and improving Green Grid connections.

• K33. Providing a network of walking and cycling links for leisure and recreation.

Since the adoption of the LSPS we have been developing our Green Grid Strategy in conjunction with the Urban Forest Strategy adopted in 2022.

Comments

Country

Underpinning the Green Grid is the long history of first nations peoples’ care and connection to the land. Whilst much of this knowledge has been lost through dispossession, displacement and death, evidence remains of the cultural relationships with the land that can be embraced and acknowledged through the Green Grid.

Establish and build relationships that are ongoing

Relationships - Aboriginal Heritage Office (AHO) and exploring further opportunities. Council has a key stake in the AHO and will continue to foster this relationship. Reaching out to engage and build new relationships with other cultural contacts and community members will be ongoing.

Seek knowledge - co-design and co-manage

Walking Country - walking is fundamental to the Green Grid. Walking on Country during the analysis phase assists in building understanding of the land and determining appropriate routes. As part of relationship building, opportunities for doing this with first nations people will be investigated throughout the life cycle of the project.

Protect and respect heritage

Working towards maintaining the integrity of significant sites by either providing interpretation opportunities, or discouraging access to them.

Objectives

These objectives articulate the overarching vision for what Council wants our Green Grid to deliver.

Increased canopy cover across the LGA

Ku-ring-gai benefits from a well-established and extensive urban tree canopy. Pressures from development, climate change and risk mitigation all impact on how this can thrive and expand. Clear targets for the delivery of an improved urban forest canopy are essential for ensuring the longevity and success of our urban forest. Green Grid projects are fundamental to achieving this.

A consolidated active transport network providing comfortable walking and cycling routes

Active transport is critical in sustainable progress towards meeting climate change mitigation targets. Council is pursuing opportunities to develop the best possible links that provide the infrastructure to support both walking and cycling transport options. Integral to the comfort of these routes are shade and an aesthetically pleasing environment, which co-ordinated street tree planting as part of the Green Grid can deliver.

Walkable connections between points of interest in the LGA

Local Centres, historic sites, parks and recreation facilities all provide points of interest within the LGA which residents want to access. The Ku-ring-gai Green Grid will endeavour to make walking the preferred way to get to, from and between these points by improving green infrastructure interventions along these routes, ensuring they are shaded, pleasant and accessible.

Enhanced biodiversity and riparian corridors

Fundamental to the Green Grid is the enhancement and protection of our existing natural systems. These need to be supported and expanded wherever possible. The balance needs to be struck between creating new connections to re-link patches of bushland, and allowing the appropriate level of access to sensitive areas.

Approach

The high-level plan developed for the LSPS gave the overarching locations for potential routes.

A map and a map of a city

Description automatically generated

The high level proposed routes identified in the LSPS as:

• Ku-ring-gai Green Grid

• Walking Grid

• Ecological Grid

• Hydrological Grid

A collage of maps

Description automatically generated

Layers

Recreational Grid - our recreational grid incorporates open space such as parks, sports fields, reserves and play spaces, along with bushland including nature reserves and National Parks.

Ecological Grid - the ecological grid captures areas of environmental significance encompassing existing and remnant bushland. It identifies a range of vegetation communities shaped by the local soils and topography including those that have been fragmented by development.

Hydrological Grid - rivers, creek and waterways including those encapsulated in grey infrastructure constitute our hydrological grid.

It is important to note that these layers are interconnected with some elements inherent to all layers, particularly our extensive areas of bushland characteristic of Ku-ring-gai.

The initiation of the strategy has been a staged approach. The Stage 1 background studies report has provided the foundation for our exploration of the network, allowing us to examine precedents and our own opportunities and constraints.

Stage 2 has included our in-depth mapping and analysis. We have examined the range of data that will influence the network, including physical, climatic, cultural, governance and movement considerations.

The analysis has led us to develop and refine the network that was established as part of the greater Sydney Green Grid and the Ku-ring-gai Green Grid. The network is now defined down to street level based on compilation of the data. The selection of all the routes regardless of scale have been guided by an accumulation of features, existing infrastructure, and accessibility.

Opportunities and constraints were analysed at an LGA wide level for the following focus areas:

• Density and Zoning

• Local Character

• Heritage

• Key Destinations and Attractions

• Transport

• Open Space

• Heat Mapping

• Canopy

• Biodiversity

• Hydrology

• Topography

The base data has been overlaid to identify cumulative features that provide the most opportunities and least constraints. This broad-brush approach aimed to produce corridors of activation for further analysis.

Opportunities

The key opportunities relate to ease of access relating to topography and existing infrastructure, and those routes that incorporate the most significant points of interest and destinations.

Constraints

Constraints on the network include steep topography, narrow infrastructure corridors, and desirability of walking environment. Busy roads with little vegetative buffer present a more challenging environment to retrofit, and alternatives to these routes were explored.

Network

A map with green lines

Description automatically generated

Regional connections - these are the predominant north-south corridors following the Pacific Highway and North Shore rail line and east-west links encompassing Ryde Road and Mona Vale Road. The Pacific Highway corridor is the main spine of the route however it deviates in and around centres encompassing the rail corridor for an optimised journey. The table highlights the opportunities and the key layers it engages with across Ecological, Hydrological, Recreational, Cultural and Active Transport/Public Domain considerations. Regional routes are primarily guided by the public domain plans for local centres and would include many of the elements within the suite of green grid components. This would incorporate shared paths separated bike lanes, street tree planting, passive irrigation, street furniture, understory planting, signage and undergrounding of power.

A map of a city

Description automatically generated

Suburban connections intersect suburban boundaries and interface with neighbouring councils. Suburban routes have been selected to provide connections along routes that link key destinations and are desirable to walk along. Determining which road was selected over another included reviewing movement mapping showing the frequency of use by people walking or cycling. Topography, existing footpaths, and multiple destinations along a route such as schools or shops helped to determine its selection. Suburban routes typically have existing trees and footpaths, but wherever possible these will be enhanced to fill in the gaps - additional tree planting, understory planting and interpretive signage. Where possible, more intensive infrastructure interventions will be made - incorporating bike lanes, planting blisters and WSUD elements.

A map of suburban areas

Description automatically generated

Local link connections are the more small-scale interventions that highlight local points of interest and fill the gaps in suburban connections. Local links are more fine grain and may be as straightforward as "how do I get from the park to the coffee shop?" They also provide the missing links between larger scale routes. These routes are a key driver for active transport and encouraging people to avoid taking the car for a short trip. This promotes a healthy lifestyle and social cohesion - getting active, improving physical health outcomes and stopping to chat with a neighbour, improving mental and social outcomes. Local routes may be limited to tree planting, understorey planting, and signage.

A map of a city

Description automatically generated

Trail connections are the more ecologically focused routes directly connecting existing trails through bushland. Trail connections are tracks through natural areas. Many of these are existing and may only require minimal interventions to improve them. Trails may include path upgrades and signage.

A map of a forest trail

Description automatically generated

Elements

Transforming these routes into green corridors will include the following key components:

· Street tree planting - new trees will be planted on streets where there are opportunities, focusing on those areas with low canopy cover;

· footpaths and bike lanes - whilst the aim is to work with routes that already have existing infrastructure, where new footpaths, shared paths or bike lanes need to be built this will be co-ordinated with street tree and under planting, passive irrigation, traffic calming, and any changes to electricity assets;

· verge and median planting - wherever possible, layered, biodiverse native planting will be incorporated;

· aerial cable bundling or undergrounding of power - where undergrounding of power is cost-prohibitive, aerial cable bundling will be incorporated to provide increased opportunity for canopy trees;

· water sensitive urban design treatments - rain gardens to capture and filter stormwater run-off, passive irrigation such as breaks in kerbs, and swales; and

· interpretive signage - signs along routes that highlight culturally significant information around first nation’s history and native fauna and flora.

A collage of images of people riding bikes

Description automatically generated

integrated planning and reporting

Theme 3 – Places, Spaces and Infrastructure

Focus area P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Long-Term Objective P6.1: Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

P6.1.1: A program is implemented to improve existing recreation, sporting

and leisure facilities and deliver new multi-use sporting facilities and opportunities.

P6.1.1.9: Progress preparation of Green Grid Strategy

consistent with Council's Local Strategic Planning

Statement (LSPS).

Governance Matters

The State Government of NSW has in place several mechanisms to ensure that access to green space and enhanced biodiversity across the state is increased. Premier’s Planning Priorities, The Greater Sydney Region Plan: A Metropolis of Three Cities, and the North District Plan all include objectives relating to increasing canopy cover and improving walking and cycling connections. The preparation of the Ku-ring-gai Green Grid Strategy is a requirement of the Local Strategic Planning Statement (LSPS) to facilitate the delivery of these objectives.

Strategic planning of the Green Grid in the Council is driven by the Ku-ring-gai Community Strategic Plan 2038 and Council’s Operational Plan and Delivery Program. Community Strategic Plans are required by all Councils in NSW under the Integrated Planning and Reporting (IP&R) Framework.

Risk Management

The production of the Green Grid Strategy document has managed risk through ongoing cross-discipline reviews, and well-managed internal resourcing. A working group has been engaged with regular review meetings with collation of internal feedback utilised to develop the documents.

The implementation of the strategy will be subject to risk assessments carried out by the relevant department prior to conducting any work.

Financial Considerations

Preparation of the Strategy has been funded by funds specifically allocated to the project following endorsement of LSPS.

There are presently a number of grant opportunities that provide funding towards Green Grid projects from the State Government.

Also there are some S7.11 funds allocated for construction of new walking tracks. Further discussion will be provided as part of future reporting.

Social Considerations

The implementation of the Green Grid network will have a range of social benefits, including:

· Social connection. As a part of the Urban forest, these spaces improve social connection; they offer a sense of place and support community interaction through events, festivals and passive daily interaction. Parts of the urban forest can become closely linked with people’s identities and sense of place.

· Community cohesiveness. Studies have also shown that green space in major Australian cities is unevenly distributed, with less green space in areas with a higher proportion of low-income residents. Improving the distribution of green space and urban forests in Ku-ring-gai may foster improved community cohesiveness and a sense of shared identity across the City.

· Health benefits by improving the opportunities for walking and cycling which form part of an active healthy lifestyle.

Environmental Considerations

The contribution of green infrastructure to ecosystem services is significant. These services include air and water filtration, shade, habitat for animals, oxygen production, carbon sequestration, and nutrient cycling. Add to this the connection that the urban forest and green infrastructure provides between nature and people, and it’s clear that trees and vegetation have a crucial role as part of an urban landscape. From the native fauna species that have improved access to food and shelter, to community members who have enhanced recreational opportunities and water and air quality, to individual property owners who have a more comfortable environment and often increased property resale value – all benefit from a robust and extensive urban forest supported by green infrastructure.

The environmental benefits of the green grid include:

· Greenhouse gas mitigation and reduction;

· improved air quality;

· water cycling and erosion mitigation;

· biodiversity; and

· reduction of the urban heat island effect.

Community Consultation

Community engagement is fundamental to achieving sustainability and biodiversity goals. We need to work with the community to ensure our target areas are the right locations for achieving well-being for residents and our environment. An engaged community supports stewardship an investment in the environment.

Public exhibition of the draft strategy document forms the first phase of our community engagement. Once the Strategy is adopted, we will undertake more targeted consultation on a ward-by-ward basis to further refine the proposed routes and inform the action and implementation plan.

This will involve targeted communication between staff and the community, meeting in local parks to discuss how people get around their suburb and where they would like to see improved access to make their journey more comfortable.

Internal Consultation

A working group from multiple departments across Council was established at the commencement of the project and has met regularly to review the progress of the Strategy.

Councillor briefing

A Councillor briefing was held on Wednesday, 5 June 2024 at Council Chambers and online via Teams. Staff presented their work to date and answered questions posed in relation to the strategy.

Summary

The development of the Ku-ring-gai Green Grid Strategy has been an intensely collaborative process involving internal and external stakeholders, and the community. The resulting draft strategy is the culmination of extensive research and best practice examples which will provide the most beneficial outcomes for the LGA.

The draft Green Grid Strategy is a practical, considered, and meaningful guide and its endorsement will enable Council to progress the finalisation of the Strategy ensuring positive outcomes for our community and the environment.

Recommendation:

A. That Council endorse the draft Ku-ring-gai Green Grid Strategy for public exhibition

Fleur Rees

Senior Landscape Architect

Bill Royal

Team Leader Urban Design

Jacob Sife

Acting Director Strategy and Environment

Attachments:

A1⇩

Green Grid Draft Strategy Document

2024/390816

Ordinary Meeting of Council - 17 December 2024	GB.10 / 1

Item GB.10	S12139-12

Affordable Housing Options Paper and Draft Affordable Housing Policy

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the Affordable Housing Options Paper and Draft Ku-ring-gai Affordable Housing Policy for public exhibition.

background:	Local Councils play an important role in planning for the needs of their community, including an appropriate supply and mix of housing to meet the community’s diverse and changing needs. Affordable housing helps ensure that communities remain diverse, allowing people from various income levels and backgrounds to maintain long-standing connections to the area, to live near their social networks, neighbourhood connections and jobs. It also supports the local economy by helping local businesses and essential services attract and keep employees by enabling them to live closer to their place of employment. Ku-ring-gai does not currently have an Affordable Housing Policy. At the OMC of April 2024 Council resolved to develop an Affordable Housing Policy.

comments:	Consultants HillPDA were commissioned to: · undertake an assessment of the options that Council could consider for the delivery of affordable housing within Ku-ring-gai; and · prepare a draft Affordable Housing Policy for Ku-ring-gai.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council endorse the Draft Ku-ring-gai Affordable Housing Policy for public exhibition. The Affordable Housing Options Paper and Education Brochure will be made available as supporting documents to the exhibition.

Purpose of Report

For Council to consider the Affordable Housing Options Paper and Draft Ku-ring-gai Affordable Housing Policy for public exhibition.

Background

At the OMC 16 April 2024 Council considered a Notice of Motion and resolved:

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

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

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

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

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

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

B. Council recognises the need to have an Affordable Housing Policy in place to support emerging State Government policy obligations and allocate $150K budget to undertake this work.

What is Affordable Housing?

Affordable housing refers to a specific housing product. The Environmental Planning and Assessment Act 1979 defines affordable housing as “housing that is targeted at households on very low, low or moderate incomes (from 0% - 120% of Greater Sydney’s median household income)”. It is rental housing that is subsidised and offered below market rents. The rent is charged at no more than 30% of the household income. This allows households to meet other basic living costs such as food, clothing, transport, medical care and education.

Who lives in affordable housing?

Based on the 2021 Census, affordable housing is for households earning up to $2,492 per week.

Examples of the households who may benefit from affordable housing:

· Young adults who want to live near where they grew up;

· people who are recently separated who can no longer afford market rent; and

· key workers (like aged care, nursing, childcare, health and welfare support, emergency services, transport, cleaners and hospitality workers) who need to live near their jobs.

71.6% of key workers currently working in Ku-ring-gai live outside of the local government area. Long commutes impact quality of life and leads to high turnover.

Housing stress

Housing stress is when someone has to sacrifice essentials (such as food, transport, medical, education) to pay for housing.

In 2021, 8,354 households were renting within Ku-ring-gai (either public, privately or otherwise). 23% of renters (1,923 households) in Ku-ring-gai are in housing stress.

Having regard for the current eligible rental households in housing stress, Ku-ring-gai would require approximately 2,000 affordable housing dwellings to meet this need. It should be noted that this figure is only based on those households currently living within Ku-ring-gai and does not take into consideration the high percentage of key workers working in Ku-ring-gai (such as aged care, nursing, childcare, hospitality, etc) that currently live outside of the local government area.

Comments

Ku-ring-gai’s Current Approach to Affordable Housing

Ku-ring-gai’s current approach to affordable housing is ad hoc. Council does not currently have any affordable housing policy or formal position on the provision of affordable housing within Ku-ring-gai. The current options for delivery of affordable housing are:

· Development Application utilising the affordable housing bonus provisions under the Housing SEPP 2021; or

· at the Planning Proposal stage negotiated as part of a Planning Agreement

All existing affordable housing dwellings that have been delivered in Ku-ring-gai have been done so utilising the former Affordable Housing SEPP provisions (now SEPP Housing 2021) which provided incentives (such as bonus floor space) to encourage developers to deliver affordable housing. All the affordable housing dwellings delivered under the former Affordable Housing SEPP provisions (now SEPP Housing 2021) are time limited, with the dwellings only being required to be used for the purpose of affordable housing for a period of 10-15 years. After this period they switch to market housing and cease to be made available as affordable housing. A few of the earliest dwellings delivered in this way have already time-expired after ten years. This affordable housing stock is not owned by Council.

Ku-ring-gai Affordable Housing Since 2013
	Approved	Delivered	Expired
Affordable Housing Units	72	37	3
Boarding Houses	90 rooms	29 rooms	N//A
Total	162	66	3

When planning agreements including offers of affordable housing are negotiated at the planning proposal stage, this is a complex, unpredictable and labour intensive process as there is no clear articulation of the community and council’s expectations or any clear principles or guidelines. This can lead to inconsistency and potential probity issues. It also means that affordable housing is not priced into the land acquisition, which limits the amount of affordable housing that be delivered through uplift.

Recent changes to State Environmental Planning Policy (Housing) 2021 relating to Affordable Housing have impelled the consideration of Affordable Housing within Ku-ring-gai, these include:

· Affordable Housing Reforms (December 2023) which encourage private developers to boost affordable housing and deliver more housing. The reforms included a floor space ratio bonus of 20-30% and height bonus of 20-30% for projects that include at least 10-15% affordable housing for a minimum of 15 years. The height bonus only applies to residential flat buildings and shop-top housing. It is found in Chapter 2 Part 2 Division 1 In-fill affordable housing.

· Chapter 5 Transport Oriented Development (April 2024) by the State Government requires 2% affordable housing contribution for developments with a gross floor area of at least 2000sqm, located in the Part 2 station precincts. This includes Roseville, Lindfield, Killara and Gordon in Ku-ring-gai. This is an in-kind contribution and required to be managed by a community housing provider in perpetuity.

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

Additionally, there are a number of private planning proposals for sites within Ku-ring-gai in the pipeline which will result in the delivery of either physical affordable housing dwellings, or potential monetary contributions.

Council needs to be proactive in determining its strategy for the delivery and management of affordable housing. Many Councils in the Sydney region already have affordable housing strategies and policies in place to proactively deliver affordable housing, such as Willoughby, Waverly, Northern Beaches and City of Sydney.

Affordable Housing Options Paper

Council engaged consultants HillPDA to prepare an Affordable Housing Options Paper (Attachment A1) to provide Council with an assessment of options that Council could consider for affordable housing.

HillPDA undertook an assessment of 43 different strategies and options that other local councils are undertaking to support affordable housing across greater Sydney and the broad categories the options fall under are:

· Delivery of affordable housing;

· levying the private market;

· supply and diversity incentives;

· actions – a supportive delivery framework; and

· advocacy and raising awareness.

Some of the options are not appropriate for Ku-ring-gai at this time, as they require funding which is likely to only be unlocked by an Affordable Housing Contribution Scheme or Policy over the longer term, as it takes time for contributions, both as in-kind dedications and as monetary contributions, to support a sustainable delivery programme. However, this is something that Ku-ring-gai could work towards.

The options paper presents four options that are considered to be possible options for Ku-ring-gai:

· Option 1: Implement an Affordable Housing Policy;

· Option 2: Implement an Affordable Housing Contribution Scheme;

· Option 3: Maintain the current approach; and

· Option 4: ‘Exit’ Affordable Housing to the market and community housing providers.

HillPDA have recommended that Council does not maintain its current approach to affordable housing (Option 3). This leads to ad hoc and inconsistent negotiations and decision making and gives rise to potential probity issues. Option 4 is also no longer realistic because of the ongoing activities in affordable housing space that directly impact Ku-ring-gai.

Instead HillPDA recommends that council pursues Option 1 to implement an Affordable Housing Policy and Option 2 to Implement an Affordable Housing Contributions Scheme.

An Affordable Housing Policy and Affordable Housing Contribution Scheme demonstrates Council’s commitment to affordable housing, and also ensures that it has the necessary frameworks in place to manage the delivery of affordable housing for the community in a structured, transparent and effective manner.

Draft Affordable Housing Policy

HillPDA have prepared a Draft Affordable Housing Policy for Ku-ring-gai (Attachment A2). The Draft Policy has been prepared having input from Council staff and Councillors.

The purpose of the Policy is to articulate:

· Council’s objectives for affordable housing within Ku-ring-gai;

· outline the mechanisms for delivering affordable housing;

· Council’s requirements for affordable housing; and

· how Council will manage affordable housing it owns.

The diagram below sets out an overview of the key aspects included within the Draft Affordable Housing Policy.

Key components of the Draft Affordable Housing Policy are:

Affordable Housing Target

The Draft Policy proposes a 10% Affordable Housing Target. This means that Council will seek 10% of housing in developments as a result of rezoning arising from a private planning proposal to be Affordable Housing.

Any affordable housing provided through a bonus scheme (i.e. such as the Height and FSR bonuses under the Housing SEPP) must be in addition to this 10%.

Mechanisms Council will use

The Draft Policy identified two (x2) mechanisms that Council will use to support the delivery of affordable housing:

· Affordable Housing Contribution Scheme: prepared by Council and incorporated as part of the LEP. It allows Council to place conditions on development which require contributions for affordable housing (in addition to any development contributions required under s7.11 and s7.12 of the EP&A Act 1979). An Affordable Housing Contribution Scheme would be developed alongside any strategic rezoning of areas within Ku-ring-gai. This means that the contribution is tied to where uplift of land value is created. The contribution rate (%) is informed by viability testing consistent with the NSW Government’s Guideline for Developing Affordable Housing Contribution Scheme (2019).

· Proponent Led Planning Proposals: Council will seek a 10% affordable housing contribution either through a clause in the LEP that specifies 10% of the floorspace is to be used for affordable housing or through a voluntary planning agreement. This is in addition to local infrastructure contributions. The proponent will be required to undertake feasibility testing.

Contributions

The Draft Policy outlines that Council will receive both:

· In-kind contributions – where a proponent dedicates land or dwellings to Council for the use of affordable housing. These must remain affordable housing in perpetuity.

· Monetary contributions – where a proponent provides the monetary equivalent of dedicated dwellings. The funds can be used to acquire land for affordable housing, fund partnerships with Community Housing Providers or acquire dwellings for the use of affordable housing.

The Draft Policy notes a preference for Council to receive in-kind contributions (the dedication of dwellings) at this time as monetary contributions cannot be levied until an Affordable Housing Contributions Scheme is in place. In-kind dedication ensures that affordable housing is made available to the community faster, as it will take time to accumulate the pool of monetary contributions to be able to fund the acquisition of land or dwellings under an Affordable Housing Contributions Scheme.

Partnership with Community Housing Provider

The Draft Policy outlines that the day-to-day management of affordable housing will be managed externally to Council. Council will engage a registered Community Housing Provider (CHP) to lease and manage on Council’s behalf. This avoids the need for Council to select tenants, directly manage tenancies or get involved in disputes.

Who will live in there

The Draft Policy outlines that priority target groups for Council owned affordable housing will be:

· Key workers working in Ku-ring-gai;

· Ku-ring-gai residents in housing stress;

· women older than 65; and

· those with a close connection to Ku-ring-gai, including long term residents and people with a social or economic association with the local government area.

integrated planning and reporting

Theme 1: Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C2.1 Housing choice and adaptability support the needs of a changing population

C2.1.1 Council’s planning approach to the provision of housing across Ku-ring-gai is responsive and addresses the supply, choice and affordability needs of the community and changing population

C2.1.1.2 Prepare Housing Affordability Policy and Strategy consistent with the Local Strategic Planning Statement (LSPS).

Governance Matters

The State Environmental Planning Policy (Housing) 2021, (Housing SEPP) defines households eligible for affordable housing in the following ways under Section 13(1)(a)(i):

· Very low income household – a household with a gross income lower than 50 per cent of the median household income for Greater Sydney or the Rest of NSW;

· Low income household – a household with a gross income between 50 per cent and 80 per cent of the median household income for Greater Sydney or the Rest of NSW; and

· Moderate income household – a household with a gross income between 80 per cent and 120 per cent of the median household income for Greater Sydney or the Rest of NSW.

Additionally, as laid out in Section 13(1)(a)(ii) of the Environmental Planning & Assessment Act 1979, for households to be in affordable housing, they should not spend more than 30% of the gross household income on rent.

Risk Management

Council does not have a formal position on Affordable Housing. Currently Council has an ad hoc approach to affordable housing through Planning Agreements and other negotiated outcomes at the planning proposal stage. This creates uncertainty for developers, the community and Council. Without clear expectations or consistent guidelines, the process for negotiating affordable housing contributions is complex and may lead to probity issues due to inconsistent and inequitable outcomes.

Financial Considerations

At OMC 16 April 2024 Council resolved to allocate an $150K budget to undertake the work on an Options Paper and Affordable Housing Policy.

By setting an affordable housing target of 10% for rezoning arising from a private planning proposal this ensures that proponents price-in the contribution expectation into any feasibility for development.

Social Considerations

Affordable housing will help ensure that Ku-ring-gai’s community remains diverse, allowing people from various income levels and backgrounds to live near their jobs, social networks and neighbourhood connections.

Affordable housing supports the local economy by assisting local businesses and essential services to attract and retain employees. By enabling employees to live closer to their place of employment, affordable housing would help to retain Ku-ring-gai’s vital workers, strengthen the local economy and reduce the risk of labour shortages in essential industries. In the case of care workers, such as aged care workers and childcare workers, high staff turnover directly impacts the quality and continuity of care.

Environmental Considerations

There are no direct environmental considerations arising from the preparation and exhibition of an Affordable Housing Policy.

Community Consultation

It is recommended that the Draft Affordable Housing Policy be placed on public exhibition in 2025 for a period of 28 days.

HillPDA have prepared a short education brochure (Attachment A3) that gives an overview of what is affordable housing, who lives in it, and what it looks like.

The Affordable Housing Options Paper and Education Brochure will be made available as a supporting study to the exhibition of the Draft Affordable Housing Policy.

Internal Consultation

As part of the preparation of the Affordable Housing Options Paper and Draft Affordable Housing Policy, HillPDA facilitated a workshop with Council staff from across the organisation – Urban Planning, Property, Development and Regulation, Community, Finance, and Operations.

Two (x2) Councillor briefings were held throughout the project, on 25 July 2024 and 7 November 2024. At the Councillor briefing on 7 November, Councillors were given the opportunity to provide feedback on the content of the Draft Affordable Housing Policy.

Further internal consultation with relevant Council departments, such as Community and Finance, will be undertaken during the exhibition of the Draft Policy.

Summary

Ku-ring-gai’s current approach to affordable housing is ad hoc. Council does not currently have any affordable housing policy or formal position on the provision of affordable housing within Ku-ring-gai. At OMC April 2024 Council resolved to develop and Affordable Housing Policy.

Consultants HillPDA were commissioned to:

· Undertake an assessment of the options that Council could consider for the delivery of affordable housing within Ku-ring-gai; and

· prepare a draft Affordable Housing Policy for Ku-ring-gai.

HillPDA undertook an assessment of 43 different strategies and options other local councils are undertaking to support affordable housing across greater Sydney. HillPDA have recommended that Council pursues Option 1 to implement an Affordable Housing Policy and Option 2 to Implement an Affordable Housing Contributions Scheme.

HillPDA have prepared a Draft Affordable Housing Policy for Ku-ring-gai (Attachment A2). The Draft Policy proposes:

· A 10% Affordable Housing Target. This means that Council will seek 10% of housing in developments as a result of rezoning arising from a private planning proposal;

· an Affordable Housing Contribution Scheme (AHCS) that would be developed alongside any strategic rezoning of areas within Ku-ring-gai by council. This would require more detailed feasibility testing and must be linked to an LEP;

· that Council will receive both in-kind contributions (proponent dedicates land or dwellings to Council for the use of affordable housing in perpetuity), and monetary contributions under a future AHCS (proponent provides the monetary equivalent of dedicated dwellings) with the funds used to acquire land for affordable housing, fund partnerships with Community Housing Providers (CHPs) or directly acquire dwellings for the use of affordable housing;

· Council will engage a registered Community Housing Provider (CHP) to lease and manage affordable housing on Council’s behalf; and

· priority target groups for Council owned affordable housing will be key workers working in Ku-ring-gai, Ku-ring-gai residents in housing stress, women older than 65 and those with a close connection to Ku-ring-gai, including long term residents and people with a social or economic association with the local government area.

Recommendation:

A. To advance Ku-ring-gai’s affordable housing objectives Council pursue the implementation of:

1. An Affordable Housing Policy;

2. An Affordable Housing Contributions Scheme.

B. The Draft Affordable Housing Policy (Attachment A2) be placed on public exhibition for a period of 28 days. A report is to be brought back to Council to consider any feedback on the Draft Policy.

C. The Affordable Housing Options Paper (Attachment A1) and the Education Brochure (Attachment A3) be made available as a supporting study to the public exhibition of the Draft Affordable Housing Policy

D. That prior to exhibition the Director of Strategy and Environment be given the authority to make minor changes of a typographical nature that do not alter the overall content to any significant degree

Alexandra Plumb

Urban Planner

Kate Paterson

Infrastructure Coordinator

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Jacob Sife

Acting Director Strategy and Environment

Attachments:	A1⇩	Ku-ring-gai Affordable Housing Options Paper Final November 2024 - Prepared by HillPDA	2024/387518
	A2 ⇩	Draft Ku-ring-gai Affordable Housing Policy (Final November 2024) prepared by HillPDA	2024/387906
	A3 ⇩	Affordable Housing Education Brochure	2024/387152

Ordinary Meeting of Council - 17 December 2024	GB.11 / 1

Item GB.11	S14428

Low and Mid-Rise Housing SEPP
Proposed Dual Occupancy Provisions for
Ku-ring-gai Local Environmental Plan 2015

EXECUTIVE SUMMARY

purpose of report:	To seek Council's support to progress discussions with State government on the dual occupancy component of the Low and Mid-rise Housing reforms, namely on minimum lot sizes.

background:	On 15 December 2023, State government exhibited the Explanation of Intended Effects: Changes to create Low and Mid-rise Housing which permitted dual occupancies on all R2 (Low Density Residential) zoned land across the LGA. On 16 July 2024 Council considered a Mayoral Minute resolving that staff review dual occupancy minimum lot sizes within the LGA. The State Government has stated it would be appreciated if a draft Dual Occupancy Minimum Lot Size is provided by 13 December 2024 and a final with Council endorsement by 14 February 2025. Council will seek an extension to these timeframes to allow community consultation. Failure to nominate a minimum lot size will result in the automatic application of the SEPP (Exempt and Complying Development Codes) 2008 minimum lot size of 400sqm.

comments:	State Government requires the minimum lot size to be based on the LGA’s median lot size of R2 zoned lots, and capture at least 50% of R2 lots across the LGA. Hill Thalis Architecture and Urban Projects were engaged to investigate and identify lot sizes for dual occupancy development in the Ku-ring-gai LGA and consider the implications on deep soil, canopy and streetscape including within Heritage Conservation Areas. The findings from the consultant's Study and the three Options for lot size is presented in this report for Council's consideration.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council present the three minimum lot size Options within this report to the Department of Planning, Housing and Infrastructure to progress the next steps, including community consultation.

Purpose of Report

To seek Council's support to progress discussions with State government on the dual occupancy component of the Low and Mid-rise Housing reforms, namely on minimum lot sizes.

Background

Housing Reforms

On 15 December 2023 - 23 February 2024, State government exhibited its Explanation of Intended Effects: Changes to create Low and Mid-rise Housing (EIE).

At the same time, the Department of Planning and Environment (now known as Department of Planning, Housing and Infrastructure (DPHI)) sent Council the Transport Orientated Development Program (TOD), outlining their proposal and timing for the mid-rise development around certain train stations including at Roseville, Lindfield, Killara and Gordon stations.

Together, the EIE and TOD documents set out a series of significant reforms which would allow for the development of a large quantity of additional housing within Ku-ring-gai and throughout NSW.

Explanation of Intended Effects: Changes to create Low and Mid-rise Housing (EIE)

The intention of the EIE was to introduce the proposed State Environmental Planning Policy (SEPP) pathway that would deliver increased low and mid-rise housing types within R2 (Low Density Residential) zones and R3 (Medium Density Residential) zones.

It is understood that DPHI will include a new section in the SEPP (Housing) 2021 to amend the Ku-ring-gai Local Environmental Plan 2015 (KLEP) and permit the additional housing typologies within the nominated zonings within 800m walking distance of nominated stations and town centre precincts.

Until this occurs, DPHI refers to the mechanism for the EIE changes as the Low- and Mid-Rise SEPP (LMR SEPP).

Council’s Submission to the EIE

Council’s submission did not support the EIE, including its blanket one-size-fits-all and non-refusal standards for:

· Low-rise housing in the form of:

- 2 storey manor houses and multi-dwelling terraces/townhouses on all R2 (Low Density Residential) land within 800m of Roseville, Lindfield, Killara, Gordon, Pymble, Turramurra, Warrawee, Wahroonga railway stations, and 800m within the St Ives centre;

- 2 storey dual occupancies on all R2 (Low Density Residential) land across Ku-ring-gai.

· Mid-rise housing comprising:

- 4-5 storey residential flat buildings in R3 zones within 400 to 800m of a railway station or town centre precinct.;

- 6-7 storey residential flat buildings in R3 zones and shop-top housing in E1 and MU1 zones within 400m of a railway station or town centre precinct

A lengthy submission to the EIE exhibition was prepared by staff and considered by Council on 20 February 2024. The submission was forwarded to DPHI on 21 February 2024, as per Council’s resolution.

Ku-ring-gai’s current public policies have been established to ensure that as our cities increase in density, all development occurs through a well-coordinated and evidence-based framework that:

· protects existing biodiversity and its connectivity between the Ku-ring-gai Chase, Garigal, and Lane Cove National Parks, which define the eastern, western and northern boundaries of the LGA;

· retains and protects existing urban canopy, and facilitates urban canopy repair;

· recognises the importance of urban heat mitigation with intensified urban development;

· recognises and enhances the unique qualities of the seven identified Local Character Areas for all development;

· conserves the pre-dominant area character including those of the established Heritage Conservation Areas.

Directions from DPHI

Following Council’s EIE submission, key interactions and advice from DPHI have been as follows:

14 May 2024

DPHI requested preparatory information from Council for their one-on-one workshop with Council staff to gain feedback.

22 May 2024

DPHI held a workshop with Council officers on the Low- and Mid-Rise Housing Policy. The following key points were discussed:

· implications of the policy in high-risk hazard areas such as flooding, bushfire and emergency evacuation areas;

· impacts of the policy on Heritage Conservation Areas and items;

· local centres hierarchy and suitability for increased housing and inclusion in the policy.

29 June 2024

(Attachment A1)

Council received a letter from DPHI outlining the timetable for the implementation of the Low-and Mid-rise Housing (LMR) SEPP as follows:

· Stage 1:

o Dual occupancies and semi-detached dwellings will be permitted in all R2 (Low Density Residential) zones.

o Council is invited to consider and propose a minimum lot size.

o Complying development lot size (400sqm) and development standards for dual occupancies under the SEPP (Exempt and Complying Development Codes) 2008 (Codes SEPP) will be switched off; but, will automatically apply to all R2 land within the Ku-ring-gai LGA on 1 July 2025 if Council has not resolved a minimum lot size.

· Stage 2:

o Non-discretionary standards will apply within nominated station and town centre precincts, known as “Local Housing Areas”.

o Council’s proposed minimum lot size will apply to R2 land outside the Local Housing Areas.

25 Sept 2024

(Attachment A2)

Council received a letter from DPHI advising the process and timing for Council to deliver a minimum lot size for certain parts of the LGA. The letter:

· Confirmed Stage 1 of the Low-and Mid-Rise Housing (LMR) SEPP commenced on 1 July 2024, through an amendment to the SEPP (Housing) 2021 where:

o dual occupancies and semi-detached dwellings are now permitted on all R2 (Low Density Residential) land via a development application;

o the complying development pathway under the Codes SEPP will be switched off whilst Councils consider an evidence based minimum lot size for their LGA.

· Attached a “Dual Occupancy Minimum Lot Size Form” for Council to complete. This Form stipulates the parameters for determining and submitting Council’s proposed minimum lot size:

o DPHI has stated it would appreciate a draft minimum lot size by 13 December 2024.

o DPHI would appreciate a final Council endorsed minimum lot size by 14 February 2025.

o The complying development 400sqm minimum lot size will automatically apply on 1 July 2025 where Councils fail to put forward, and have DPHI agreement, on an alternative minimum lot size.

· Sets out the considerations for developing a minimum lot size:

o DPHI requires at least 50% of R2 lots within the LGA to enable dual occupancy development;

o Council’s proposed lot sizes are to be the median R2 lot size or lower to ensure the 50% provision.

· Provides the rationale for Stage 2 of the Low-and Mid-Rise Housing (LMR) Policy which aims to:

o increase dwellings within 800m walking distance of town centres and stations, areas that are referred to as “Local Housing Areas”, by applying a minimum lot size of 450sqm, noting that Council’s proposed minimum lot size will only apply outside these Local Housing Areas;

o Introduces non-discretionary development standards for dual occupancies, terraces, townhouses and apartment buildings in the Local Housing Areas that go through the development application process.

Non-Discretionary Standards for Dual Occupancies in Local Housing Areas
Lot size	min 450m2
Lot width	min 12m
Car parking spaces	min 1 per dwelling
FSR	0.65:1
Height	9.5m

o The policy is expected to commence in December 2024.

Mayoral Minute and Council Resolution

At its meeting of 16 July 2024 Council considered a Mayoral Minute (MM. 3, minute number 142 titled Housing Policy Updates (July 2024).

In relation to dual occupancy development the Mayoral Minute stated, inter alia:

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

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

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

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

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

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

On consideration of the matter, Council resolved in part:

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

Engagement of Consultant to advise on Minimum Lot Size for Ku-ring-gai

Following the State Government’s confirmation and advice on methodology for setting local minimum lot sizes, Council engaged Hill Thalis Architecture and Urban Projects to investigate and identify lot sizes for dual occupancy development in the Ku-ring-gai LGA.

The scope of works for the consultant included:

· Review and testing of the dual occupancy standards of the Explanation of Intended Effects (December 2023) and the SEPP (Exempt and Complying Development Codes) 2008;

· consider the implications of small lot sizes on deep soil and tree provision, canopy cover and streetscape character including within Heritage Conservation Areas;

· determine lot sizes and locations to enable continued alignment with Council’s policies and strategic plans including the Local Strategic Planning Statement (LSPS);

· calculation of Ku-ring-gai’s median lot size and distribution, excluding bushfire, TOD and heritage item areas as advised by DPHI;

· determine a lot size that ensures dual occupancy development can be conducted on 50% of all R2 (Low Density Residential) land in the Ku-ring-gai LGA, as required by DPHI, and consider lot widths to facilitate good streetscape outcomes.

The study conducted by Hill Thalis may be viewed at Attachment A3.

Comments

Dual Occupancies in the Ku-ring-gai LGA

Ku-ring-gai Council’s planning controls have historically restricted dual occupancy development due to concerns regarding small lot subdivision patterns, their ability to support deep soil and tree provision, and impacts on the established and historical high quality character of built form in garden settings including canopy trees across the LGA and within Heritage Conservation Areas.

Currently, dual occupancy in the Ku-ring-gai LGA is limited to a number of specified sites that are over 1200sqm in area (with each dual occupancy dwelling having a minimum site area of 600sqm). The sites are also generally corner lots that enable easy access and suitable distances between driveways for street tree planting. These sites are listed in the Ku-ring-gai Local Environmental Plan 2015 - Schedule 1 Additional Permitted Uses.

The State government housing reforms now mandate LGA wide delivery of dual occupancy development on 50% of all R2 (Low Density Residential) zoned land. The 50% allocation recognises the importance of preserving key elements of local character and typologies within established Council areas.

Council now has the opportunity to propose a draft minimum lot size to DPHI. It is understood that the State government would appreciate a draft response by 13 December 2024 and a final Council endorsed lot size by 14 February 2025, however Council will be seeking an extension to allow for public consultation.

The minimum lot size refers to the minimum size of land that can be developed for dual occupancy (two dwellings attached or detached).

Failure to nominate a minimum lot size will result in the automatic application of the SEPP (Exempt and Complying Development Codes) 2008 (Codes SEPP) minimum lot size of 400sqm (which will result in each dual occupancy dwelling having a site area of 200sqm) on sites where complying development is permitted. Given that the majority of lots in the LGA are 900sqm+ and carry one dwelling, lot sizes of 200sqm per dwelling will result in highly urbanised areas with little to no landscape, deep soil and canopy which are the key elements affording Ku-ring-gai a high canopy cover, increased heat island effects and poor ecologically sound pathways connecting the various boundary National Parks across the LGA.

Clearly, the smaller the minimum lot size, the more intensive the development becomes, leading to greater challenges in maintaining deep soil areas, retaining and providing tree canopy, and ensuring adequate setbacks and the garden settings typical of Ku-ring-gai’s streetscapes.

Without a minimum lot size for dual occupancy stated in the KLEP, in areas where complying development is not permitted, such as within Heritage Conservation Areas, there will be no associated DCP controls for the assessment of development applications for dual occupancy.

Consultant’s investigation into minimum lot size

The Dual Occupancy Lot Size Study (the Study) by Hill Thalis Architecture + Urban Projects may be viewed at Attachment A3. The Study has undertaken intensive mapping and testing to understand the profile of R2 lots across the Ku-ring-gai LGA and the implications of cumulative dual occupancy development.

The Study seeks to determine lot sizes and locations to enable continued alignment with Council’s policies and strategic plans. This includes the protection of ecology, movement towards minimising and mitigating urban heat island effects and net zero targets, ensuring high quality liveability standards of access to public transport and facilities, and maintaining Ku-ring-gai’s heritage conservation area character, and Ku-ring-gai’s predominant character of buildings within garden setting that include tall canopy trees.

The Study considers the different pathways and standards that will enable dual occupancy development in Ku-ring-gai, as summarised below:

	Complying Development Pathway	Development Application Pathway
Dual Occupancy Planning Instrument	SEPP (Exempt and Complying Development Codes) 2008	Low-and Mid-rise Housing via SEPP (Housing) 2021 + Low Rise Housing Diversity Design Guide	Ku-ring-gai Local Environmental Plan 2015 + Ku-ring-gai Development Control Plan
Location where the Instrument applies	All R2 (Low Density Residential) sites across the LGA.	R2 (Low Density Residential) sites within Local Housing Areas (around Local Centres)	R2 (Low Density Residential) sites outside Local Housing Areas
Minimum Lot Size	400sqm Unless Council proposes a new minimum lot size.	450sqm	To be proposed by Council based on the presented Options in this report.

Dual occupancy development pathways

· Why should Council propose a dual occupancy minimum lot size?

The State government’s housing reforms enable dual occupancy development to be delivered on any R2 site within Ku-ring-gai that has a minimum 400sqm lot size through the Complying Development pathway (provided the development meets the requirements of the SEPP (Exempt and Complying Development Codes) 2008). This pathway has been temporarily switched off to allow Council to consider its preferred minimum lot size.

If Council proposes a minimum lot size that is accepted by DPHI, then that new minimum lot size will apply in lieu of the 400sqm for all complying development across the LGA.

The 400sqm minimum lot size under complying development could potentially result in a typical Ku-ring-gai lot, of say 900sqm, being developed into two sets of dual occupancies – four dwellings where there was previously only one. Also noted is the increase in illegal tree removal to “prepare” sites for complying and more intensive development.

The cumulative impact of this type of development intensity will decimate the Ku-ring-gai character with inevitable canopy reduction, limited setbacks and front gardens, and fewer opportunities for street tree planting due to multiple driveway crossovers.

It is noted that complying development is not permitted within the Heritage Conservation Areas and therefore the development application process would be able to apply some control on the outcomes. To this end, Council’s Development Control Plan would require an update to ensure the provisions address this development type. It is noted that small lot sizes within Heritage Conservation Areas would significantly alter the underlying sub-division patterns that underpin the historical values.

It is therefore important that Council proposes a minimum lot size to replace the minimum 400sqm that currently applies to all complying development dual occupancies from 1 July 2025 as per DPHI advice.

Example - Dual occupancy development of a typical 900sqm lot

· Minimum Lot Size

The DPHI guidance is that the establishment of a minimum lot size is to be based on the LGA’s median lot size of R2 zoned lots; and capture at least 50% of R2 lots across the LGA.

The Hill Thalis Study presents three options, listed below, with all options able to deliver the required 50% of R2 lots for dual occupancy development across the LGA.

- Option 1

o One minimum lot size across the LGA, seeking to request removal of DPHI's minimum 450sqm lot size to Local Housing Areas.

- Option 2

o DPHI's minimum 450sqm minimum lot size applies in the Local Housing Areas; and

o a larger minimum lot size applies across the remaining LGA.

- Option 3

o DPHI's minimum 450sqm minimum lot size applies in the Local Housing Areas, and

o a larger minimum lot size applies to certain Neighbourhood Centres, and

o an even larger minimum lot size across the remaining LGA.

The three Options provide Council with a choice of minimum lot size for dual occupancy development across the LGA. It is understood that the loss of deep soil, tree canopy and changes to the suburban built form fabric is inevitable in any reduction of lot size across the LGA.

Noting that the Options will only enable dual occupancy development on 50% of R2 zoned lots within the LGA, Council has to consider if it is better to:

- spread the impacts of dual occupancy development across the LGA with a single minimum lot size (Option 1); or

- concentrate the impacts in the Local Housing Areas centred on the ridgeline and St Ives Local Centres, noting these areas support remnant critically endangered Blue Gum High Forest and Sydney Turpentine Ironbark Forest and a number of Heritage Conservation Areas; and lots outside those Centres being larger and more able to deliver deep soil, canopy trees and streetscape elevations able to assimilate into the existing suburban character (Option 2); or

- concentrate the impacts in the Local Housing Areas centred on the ridge line and St Ives Local Centres and on five Neighbourhood Centres, making the centres more urban; and lots outside those Centres being larger and more able to accommodate deep soil, canopy, setback and considered street elevations (Option 3).

The selection of any one of the Options will result in significantly better outcomes than the State Government’s proposed 400sqm minimum lot size that will apply across Ku-ring-gai for complying development from 1 July 2025 if Council does not put forward an alternative that can be agreed by DPHI.

· What are the DPHI “Local Housing Areas”

The Study has mapped the proposed DPHI Local Housing Areas to understand the implications of the DPHI mandated 450sqm minimum lot sizes for those locations. DPHI’s Local Housing Areas are associated with Local Centres with transport links and facilities. It applies to an 800m walking distance from railway or business zones and excludes the TOD SEPP areas within 400m of certain Local Centres. The below table describes and illustrates what is interpreted to be Ku-ring-gai’s Local Housing Areas based on the information released by DPHI. These will only be confirmed when the final LMR SEPP is made.

By applying a small 450sqm minimum lot size to these areas, DPHI aims to place increased numbers of dual occupancy development close to Local Centres and transport hubs. Whilst this approach is supported, the location of the local centres and train stations on the ridgeline directly conflicts with the geography and ecology of the Ku-ring-gai LGA, and with the presence of the majority of Heritage Conservation Areas.

The 800m walking distance diameter of the Local Housing Areas results in a continuous band of intensive development along the ridgeline, with the DPHI 450sqm mandated minimum lot size affording no opportunity to provide the amounts of deep soil required for tall canopy trees and for the retention of remnant trees and continued establishment of their communities.

Ku-ring-gai’s Critically Endangered Ecological Communities (CEEC) Blue Gum High Forest and Sydney Turpentine Ironbark Forest are restricted to geology and soil types that occur along the ridge lines in the Ku-ring-gai LGA. The majority of Ku-ring-gai’s remnant trees are located along the ridgeline and have additional importance in providing biological connectivity and habitat stepping stones across the ridgeline and through areas of development, between existing reserves.

Council policies have systematically supported the increase in canopy and biodiversity corridors across the LGA in recognition of the placement of the LGA between three adjacent National Parks and in an effort to mitigate increasing climate change impacts.

In the event of any incident such as bushfire in one National Park area, Ku-ring-gai’s biodiversity corridors and remnant vegetation enables fauna to escape across the LGA into reserves and to National Parks on the other side of the LGA, thus avoiding the potential extinction of species established only in a certain location.

The proposed 450sqm minimum lot size for the Local Housing Areas places a direct threat to the retention and heath of the CEEC remnant trees, and removes the opportunity for the enhancement of canopy, midstory and groundcover planting through meaningful deep soil provision within private land developed for dual occupancy typologies.

Additionally, the presence of the significant and original fabric and subdivision pattern of Heritage Conservation Areas, historically established on rail and road links, are also under threat from the small 450sqm minimum lot size allocation within the Local Housing Areas.

DPHI has told Council that the 450sqm minimum lot size will apply to all Local Centres across NSW. Nevertheless, due to the serious and irreversible damage the denudation of the ridgeline will cause, the Consultant has investigated if it possible to deliver the required 50% of R2 lands with a lot size that does not include the mandated 450sqm Local housing Area lot size.

In considering this approach, it is noted that the same Local Housing Areas earmarked for the 450 sqm dual occupancy minimum lot sizes, are also locations that the LMR SEPP will enable other typologies including manor houses, multi-unit dwelling terraces/townhouses and 5 storey residential flat buildings. These more intense typologies would generally require more complex development processes than dual occupancy development, and therefore there is a higher likelihood that dual occupancy development will appeal to single lot owners and frustrate the future delivery of the other typologies and housing choice close to the Local Centres. Larger lot sizes for dual occupancies close to Local Centres would assist in limiting the number of lot consolidations required to deliver the other typologies in the future.

· What considerations are given to the Neighbourhood Centres

Given Council’s LSPS indicates the potential suitability of Neighbourhood Centres for additional housing, the Study has investigated the opportunity for Neighbourhood Centres to accommodate dual occupancy development proximate to local shops and bus routes.

The Study identifies the opportunities and constraints of Ku-ring-gai’s fifteen Neighbourhood Centres and their potential to deliver targeted dual occupancy housing on potentially intermediate sized lots (larger than the 450sqm DPHI mandated Local Housing Area lots and smaller than the dual occupancy lots in the wider LGA away from shops and bus routes).

Only five Neighbourhood Centres are identified as potentially suitable for targeted dual occupancy delivery as indicated in the table and diagram below.

Six of the Neighbourhood Centres remain in the general pool of R2 land with larger dual occupancy lot sizes associated with lands away from facilities. This is due to their being earmarked for potential future rezoning due to good transport connections; or they comprise at risk sites associated with bushfire evacuation. Three Neighbourhood Centres will have no opportunity to develop dual occupancy as they have a C4 (Environmental Living) zoning, and not the required R2 (Low Density Residential) zone.

As per the LSPS, the below table and diagram indicate the grouping and suitability of the Neighbourhood Centres for dual occupancy development.

· Minimum lot size Options for dual occupancy development in Ku-ring-gai

The Department requires Council to determine a suitable minimum lot size that is based on the median lot size of R2 zoned lots across the LGA. The minimum lot size must capture and enable dual occupancy development on at least 50% of R2 lots across the LGA.

As per the below Table, Hill Thalis has determined the number of R2 lots across the Ku-ring-gai LGA and the total number of eligible R2 lots as advised by DPHI (removing R2 lots within bushfire prone land, TOD SEPP areas and that are heritage items).

	Number of R2 lots	Median lot size sqm
Total number of R2 lots across the LGA	25751	951 sqm
Total number of eligible R2 lots under the EIE	18725	954 sqm
Total number of eligible R2 lots under the EIE	50% = 9363 lots	955 sqm
Note: The total number of R2 lots excludes Bushfire, TOD SEPP and Heritage Items.

LGA wide lot numbers and median lot size

The Consultant has calculated that to meet DPHI’s 50% requirement, Council must enable dual occupancy development on at least 9363 lots within the LGA.

Three Options, illustrated below, are presented by the Consultant, all deliver the DPHI required lot numbers.

· Options to put forward to DPHI

Minimum Lot Size to capture sufficient lots to meet 50% target of 9363 lots
	OPTION 1	OPTION 2	OPTION 3
All LGA	955 sqm 100% lots	1015 sqm 55% lots	1075sqm 41% lots
Local Housing Areas		450 sqm (DPHI size) 45% lots	450 sqm (DPHI size) 45% lots
5 Neighbourhood Centres			700sqm 14% lots
Impact	· Distributes impact across the LGA	· Focuses impact on Local Centre 800m walkability distance.	· Focuses impact on Local Centre 800m walkability distances, and on 5 Neighbourhood Centres 400m walkability distances.

Following the analysis:

o Option 1

- 955 sqm minimum lot size will result in 477.5sqm per dual occupancy dwelling for the wider LGA.

o Option 2

- 1015 sqm minimum lot size will result in 507.5sqm per dual occupancy dwelling for the wider LGA;

- 450 sqm minimum lot size will result in 225sqm per dual occupancy dwelling within 800m of Local Centres.

o Option 3

- 1075 sqm minimum lot size will result in 537.5sqm per dual occupancy dwelling for the wider LGA;

- 450 sqm minimum lot size will result in 225sqm per dual occupancy dwelling within 800m of Local Centres;

- 700 sqm minimum lot size will result in 350sqm per dual occupancy dwelling within 400m of the five Neighbourhood Centres.

All three Options have advantages and disadvantages and distribute impact in different ways.

It is recommended that Council present the three minimum lot size Options within this report to the DPHI to progress the next steps, including community consultation.

Ensuring DPHI’s agreement on the Options is important as Council will only seek public comment on Options that will not be ruled out by DPHI at a later date. This reduces reputational risk to Council by avoiding the community supporting an Option that will later be cancelled by DPHI.

In particular, this applies to Option 1. DPHI has previously said they wish to apply the same approach regarding the Local Housing Areas across all Council. This OMC report seeks to once again request DPHI consideration of the issues of their standard approach given the unique circumstances of the location of Ku-ring-gai’s Local Centres, including the concentration of Critically Endangered Ecological Communities and Heritage Conservation Areas on the ridgeline where the Local centres are located.

Following DPHI’s agreement of Options, the community will be invited to provide their feedback via a public exhibition held by Council.

· Lot width

In addition to minimum lot sizes, Hill Thalis has conducted testing of lot sizes and sites across the LGA. The Study found that the existing SEPP minimums of 12-15 m frontages were generally not able to deliver the deliver the standards of both the Explanation of Intended Effects (December 2023) (EIE) and SEPP (Exempt and Complying Development Codes) 2008 (Codes SEPP). The Study also considered the loss of Ku-ring-gai’s existing canopy resulting from the standards of the EIE and SEPP and the streetscape impacts including within Heritage Conservation Areas.

The Study found that a minimum lot width of 18m would enable small trees and some landscape areas, and 18-20m would enable larger trees and improved streetscape presentations. The wider frontages would support the delivery of dual occupancy dwellings more able to deliver the standards of both the Explanation of Intended Effects (December 2023) and SEPP (Exempt and Complying Development Codes) 2008.

Ku-ring-gai’s sub-division patterns show an overwhelming dominance of lot frontages greater than 15m. Whilst a lot frontage of 20m would be preferred to facilitate provision of large canopy trees and improved streetscapes within Heritage Conservation Areas, a minimum lot width of 18m would ensure dual occupancy development delivery across the LGA at the required quantums in the three Options, and improve outcomes that result from the current 12-15m lot frontages in the EIE and Codes SEPP.

The lot widths would deliver dual occupancy development better able to assimilate into the Ku-ring-gai context, with landscaped setbacks and spacing of vehicle crossovers enabling Council’s street tree planting plans to increase canopy tree on public domain verges to shade roads and reduce their urban heat island effects as climate change increasingly raises ambient temperatures. The inclusion of the lot width will be tabled in discussions with DPHI.

NEXT STEPS

Should Council resolve to present the three Options to DPHI and progress towards exhibition, the next steps will be as follows, noting that the timing is contingent to agreement from DPHI extending the timeframe for an endorsed minimum lot size beyond the 14 February 2025:

· Prior to the DPHI deadline of 13 December 2024 to receive Council’s draft minimum lot size, staff provide a copy of this Report to DPHI (once it is made public) and seek a post-OMC meeting to discuss Council’s approach.

· Council makes a Resolution (on 17 December 2024) for staff to enter into discussion with DPHI on the three Options.

· Staff meet with DPHI to:

- ascertain their support for the three Options;

- clarify if DPHI will conduct any public exhibition on the amended lot sizes during any part of the process;

- discuss a timetable for Council to exhibit the DPHI agreed Options to the community, given the DPHI 14 February 2025 deadline to receive a final Council endorsed minimum lot size.

Discussion could seek DPHI agreement with the following draft timetable:

- a public exhibition could be held during January/February;

- a report could be brought back to Council potentially during February, early March;

- Council’s resolution and final Option be provided to DPHI by March 2025.

· Council conduct a public exhibition inviting the community to provide its feedback on the Options could be conducted during January/February 2025.

· A report be brought back to Council in an EMC during February/March 2025 to consider submissions to the public exhibition and to seek final endorsement of a preferred Option.

· Council forwards DPHI its Council endorsed final minimum lot size Option for the LGA by March 2025. Staff seek a meeting to confirm DPHI’s agreement with the final Option.

· During March to June 2025, DPHI works with Parliamentary Counsel to make the amending SEPP that will automatically amend the Ku-ring-gai KLEP 2015 (as well as other Sydney Councils undergoing the same process), to incorporate the new minimum lot size for dual occupancy development.

· On 1 July 2025, DPHI switches on the complying development pathway via the SEPP (Exempt and Complying Development Codes) 2008.

· From 1 July 2025 all residents seeking to develop a dual occupancy in the Ku-ring-gai LGA, via the complying development or development application pathway, will be required to apply the minimum lot sizes as per the final Option provided to DPHI.

integrated planning and reporting

Theme 1 – Community, People and Culture

Theme 3 – Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C6.1 Housing diversity, adaptability and affordability is increased to support the needs of a changing community

C6.1.1 Councils planning approach to the provision of housing across Ku-ring-gai is responsive and addresses the supply, choice and affordability needs of the community and the changing population

C6.1.1.1 Implement the Ku-ring-gai Housing Strategy to 2036

C6.1.1.3 Identify opportunities to provide a range of housing choices and part of the implementation of the Ku-ring-gai Housing Strategy to 2036

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 effectively manage the impact of new development

P2.1.1.1 Prepare plans and strategies as required by the Local Strategic Planning Statement (LSPS)

Governance Matters

On 15 December 2023 the NSW Government exhibited the Explanation of Intended Effect; Changes to create Low and Mid Rise Housing (EIE). Under the LMR SEPP the DHPHI has provided some Councils an opportunity to consider minimum lot sizes for Dual Occupancies and semi-detached dwellings within the R2 low Density Residential Zone.

It is understood the NSW Department of Planning, Housing and Infrastructure will amend the SEPP (Housing) 2021 to amend the KLEP 2015 to permit additional housing and controls within the nominated zonings.

Risk Management

If Council does not nominate an appropriate minimum lot size for Dual Occupancies, then the NSW State Environmental Planning Policy (Exempt and Complying Development) 2008 will automatically apply with a minimum parent lot size of 400sqm, which will result in each lot having an area of 200sqm. This will make it very challenging to provide for deep soil, protecting biodiversity, tree canopy and ensuing appropriate setbacks and the retention of the garden settings that contribute to the local character of Ku-ring-gai.

Financial Considerations

The cost of preparing this report is covered by the Urban Planning & Heritage Budget.

Social Considerations

Updated and applicable planning provisions for dual occupancies in Ku-ring-gai will assist in increasing housing supply, diversity and affordability to support the needs of the changing community and changing population.

Environmental Considerations

Council’s approach to planning for dual occupancy provisions have taken into account the protection of biodiversity, bushfire, minimising and mitigating heat island effects, ensuring access to public transport and facilities and maintain the character of buildings within a garden setting that includes tall canopy trees.

Community Consultation

Council’s adopted position arising from this Report will be provided to the NSW Department of Planning, Infrastructure and Housing.

Following endorsement by the NSW DPHI, a formal Ku-ring-gai Council public exhibition process on this matter would be conducted in early 2025. A final officer’s report will be made back to Council to meet the State Government’s deadline for making the SEPP in July 2025.

Council’s Community Engagement Policy states that Council exhibitions should not begin until the third week of January (ie: 20 January) and run for a minimum of 28 days, with extensions considered for school holiday periods.

In line with this, it is proposed that consultation would begin on Monday, 20 January 2025 and end on Wednesday, 19 February 2025, a period of 31 days. This period would also allow sufficient time to prepare a report for the March 2025 Ordinary Council Meeting.

Activities to promote the exhibition may include:

· Letter to all owners and occupants of land subject to Council’s residential rating category;

· Media release;

· Local media advertising;

· Promotion in Council e-newsletters and social media;

· Summary brochure and leaflet available online and distributed to Council venues; and

· Engagement portal page, promoted via Council’s main website home page.

Engagement activities, dependent on DPHI’s agreement to Council’s proposed timeline and community interest, may also include surveys, as well as online and in person community forums to provide community members the opportunity to ask questions on a one-on-one basis with Council staff.

The number of forums and their locations will be determined following DHPI’s agreement on the options.

This engagement process is consistent with the approach taken by Council during the exhibition of the Transport Oriented Development scenarios.

It should be noted that in addition to the above, there will be a statutory consultation process on any changes to Council’s DCP.

This consultation approach will put Council in the strongest position to understand broad community sentiment in regard to these significant land-use changes.

A report on the community engagement outcomes will be prepared for the Council report.

The outcomes of the public exhibition will be prepared and reported back to Council.

At this stage it is not certain that a separate exhibition of the Draft SEPP will be conducted by the NSW DPHI.

Internal Consultation

Where relevant, other Departments of Council have been consulted in the preparation of this report.

In October 2024, Councillors were provided with an overview of the housing reforms including on the need to prepare dual occupancy provisions.

Summary

The State government housing reforms now mandate LGA wide delivery of dual occupancy development on 50% of all R2 (Low Density Residential) zoned land.

Council has the opportunity to propose a draft minimum lot size to DPHI by 13 December 2024 and a final Council endorsed lot size by 14 February 2025.

Council engaged Hill Thalis Architecture and Urban Projects to investigate and identify lot sizes for dual occupancy development in the Ku-ring-gai LGA. The Study has undertaken intensive mapping and testing to understand the profile of R2 lots across the Ku-ring-gai LGA and the implications of cumulative dual occupancy development across the LGA.

The smaller the minimum lot size, the more intensive the development becomes, leading to greater challenges in maintaining deep soil areas, retaining and providing tree canopy, and ensuring adequate setbacks and the garden settings typical of Ku-ring-gai’s streetscapes.

The DPHI guidance is that the establishment of a minimum lot size is to:

o be based on the LGA’s median lot size of R2 zoned lots; and

o capture at least 50% of R2 lots across the LGA.

The Hill Thalis Study presents three options, listed below, with all options able to deliver the required 50% of R2 lots for dual occupancy development across the LGA.

Minimum Lot Size to capture sufficient lots to meet 50% target of 9363 lots
	OPTION 1	OPTION 2	OPTION 3
All LGA	955 sqm 100% lots	1015 sqm 55% lots	1075sqm 41% lots
Local Housing Areas		450 sqm (DPHI size) 45% lots	450 sqm (DPHI size) 45% lots
5 Neighbourhood Centres			700sqm 14% lots

The three Options presented in this report provide Council with a choice of minimum lot size for dual occupancy development across the LGA.

It is understood that the loss of deep soil, tree canopy and changes to the suburban fabric is inevitable in any reduction of lot size across the LGA.

The Options illustrate different approaches to manage the impacts of the small lot subdivision that will result from dual occupancy development. The key impacts are focused around Ku-ring-gai's biodiversity links, critically endangered tree communities, canopy cover, streetscape and character.

Noting that the Options will only enable dual occupancy development on 50% of R2 zoned lots within the LGA, Council has to consider if it is better to:

- spread the impacts of dual occupancy development across the LGA with a single minimum lot size (Option 1); or

- concentrate the impacts in the Local Housing Areas centred on the ridgeline and St Ives Local Centres, noting these areas support remnant critically endangered Blue Gum High Forest and Sydney Turpentine Ironbark Forest; and lots outside those Centres being larger and more able to deliver deep soil, canopy trees and streetscape elevations able to assimilate into the existing suburban character (Option 2); or

- concentrate the impacts in the Local Housing Areas centred on the ridge line Local Centres and St Ives Local Centres, and on five Neighbourhood Centres, making the Centres more urban; and lots outside those Centres being larger and more able to accommodate deep soil, canopy, setback and street elevations can prevail across the remaining LGA (Option 3).

The selection of any one of the Options will result in significantly better outcomes than the State Government’s proposed 400sqm minimum lot size that will apply across Ku-ring-gai from 1 July 2025 if Council does not put forward an alternative that can be agreed by DPHI.

In addition to minimum lot sizes, Hill Thalis had conducted testing of lot sizes and sites across the LGA. They have determined that a minimum lot width of 18m would support the delivery of dual occupancy dwellings more able to deliver the standards of both the Explanation of Intended Effects (December 2023) and SEPP (Exempt and Complying Development Codes) 2008. The lot width would enable dual occupancies to better assimilate into the Ku-ring-gai context with landscaped setbacks, and spacing of vehicle crossovers to enable Council’s street tree planting to include large canopy trees on public domain verges. The inclusion of the lot width will be tabled in discussions with DPHI.

Recommendation:

A. That Council present the three minimum lot size Options within this report to the Department of Planning, Housing and Infrastructure to progress the next steps, including community consultation.

B. That the following steps be taken by Council staff following Council’s Resolution:

i. meet with DPHI to discuss the proposed Options;

ii. conduct a public exhibition of the Options that are supported by DPHI.

C. That the public exhibition results be reported to Council to seek Council’s endorsement of a final minimum lot size.

D. The adopted minimum lot sizes for dual occupancy include a provision for the requirement of an 18 metre minimum lot width.

E. That the Director, Strategy and Environment be given delegation to correct errors and improve clarification upon advice of the consultant Hill Thalis, that do not alter the direction of the Options.

Rathna Rana

Executive Urban Planner

Antony Fabbro

Manager Urban & Heritage Planning

Craige Wyse

Team Leader Urban Planning

Jacob Sife

Acting Director Strategy and Environment

Attachments:	A1⇩	June 2024 DPHI Letter		2024/391621
	A2⇩	September 2024 DPHI Letter - Dual Occ next steps		2024/391200
	A3	Hill Thalis - Dual Occupancy Lot Size Study December 2024	Excluded	2024/393401

Ordinary Meeting of Council - 17 December 2024	GB.12 / 1

Item GB.12	S14696

Draft Terms of Reference - Environment Committee and Smart Transport Advisory Committee

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the draft Terms of Reference of the Environment Committee and the Smart Transport Advisory Committee for adoption and to make appointments to these committees.

background:	At an extraordinary meeting on Tuesday, 8 October 2024 Council resolved that the Sustainable Recreation Advisory Group and the Active Transport Reference Committee 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.

comments:	This report seeks adoption of the Environment Committee and Smart Transport Advisory Committee Terms of Reference and appointment of Councillors to both committees.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council: A. Adopt the Environment Committee and Smart Transport Advisory Committee Terms of Reference B. make any required changes to the Advisory and Reference Committee Guidelines. C. appoint a Chairperson and Deputy Chairperson to both committees for the 2024-26 Mayoral term; and D. note that community membership of both committees will be reviewed and recommendations brought back to Council by 8 April 2025.

Purpose of Report

For Council to consider the draft Terms of Reference of the Environment Committee and the Smart Transport Advisory Committee for adoption and to make appointments to these committees.

Background

Council’s advisory and reference committees provide a mechanism by which members of the community can play a role in the formulation of Council policy, direction and practice. These Committees assist Council to engage with and obtain feedback from the community.

At an extraordinary meeting on Tuesday, 8 October 2024 Council resolved that the Sustainable Recreation Advisory Group and the Active Transport Reference Committee 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.

During the development of the draft Terms of Reference for the committees, staff consulted internally and with Councillors. In relation to broadening the scope of the Active Transport Reference Committee into a Net Zero Communities Committee, it was decided to instead refer to the new committee as a ‘Smart Transport Advisory Committee’ this reflects the intended broader transport scope within a net zero framework, while avoiding confusion with the existing Net Zero Communities Program which is run by Council.

The scope and operation of advisory and reference Committees is governed by the Council Advisory and Reference Committee Guideline, which includes the Terms of Reference of each committee.

Comments

This report seeks adoption of the draft Terms of Reference for the Environment Committee (see Attachment A2) and for the Smart Transport Advisory Committee (see Attachment A1).

A brief summary of each advisory and reference committee is provided below.

Environment Committee

Role: The Environment Advisory Committee is established to provide strategic advice and feedback to Ku-ring-gai Council on the preservation, management, enhancement, and recreational use of Ku-ring-gai’s natural environment. The Committee’s focus is to guide Council on ensuring ecological sustainability, promoting biodiversity, and fostering community engagement in the care of environmental areas.

The Committee will:

· Advise on the planning and management of environmental programs, excluding those related to bushfire and flood risk management;

· support the design and planning of recreational facilities within natural areas, ensuring these align with sustainability and community needs;

· contribute to the development and review of Council’s biodiversity, urban greening, and environmental plans and policies, ensuring alignment with best practice;

· guide the creation, engagement around, and implementation of, environmental education and sustainable recreation initiatives;

· provide input on environmental monitoring and reporting to assess Council’s efforts in protecting and enhancing the environment.

Membership: Two Councillors as the Chairperson and Deputy Chairperson; up to 8 community members with expertise in environmental management, biodiversity conservation, urban forestry, sustainable recreation, or related fields; and one representative from NSW National Parks and Wildlife Service.

Smart Transport Advisory Committee

Role: The Smart Transport Advisory Committee is established to provide guidance on the development and implementation of a sustainable transportation hierarchy that enhances the health, wellbeing, and liveability of the Ku-ring-gai community while contributing to Council’s net zero emissions target.

By prioritising walking, cycling, and public transport over private vehicle use, the Committee aims to create a healthier, more connected community. Its focus is to align Council’s transport initiatives with climate targets, promote active and sustainable mobility options, and reduce greenhouse gas emissions, ensuring Ku-ring-gai's transition towards a net zero future.

The Committee will:

· Promote and support a transportation hierarchy that prioritises:

o Walking, cycling and other micromobility devices

o Public transport

o Car-sharing schemes

o Electric vehicle (EV) transition

· Provide recommendations on integrating sustainable mobility choices into Council policies to create a more efficient, low-emission transport system.

· Encourage active transport options that foster healthier, more ecologically sustainable communities.

· Ensure that public domain initiatives are aligned with smart transport goals and contribute to more sustainable and accessible transportation networks.

Membership: Two Councillors as the Chairperson and Deputy Chairperson; up to 8 community members with expertise or interest in sustainable transport, climate policy, or urban planning; at least one representative from Bike North; and one representative of pedestrian’s interests. Other members with relevant expertise may be invited to participate on an ad-hoc basis, as determined by the Committee.

Should the Terms of Reference be adopted, this report seeks appointment of Councillors to both committees.

Should the Terms of Reference be adopted, staff will initiate an expression of interest process for the appointment of community members to the committees, with recommendations brought back to Council by 8 April 2025.

Review of committees

Under the guidelines, each Committee will undertake a regular review to ensure it is operating effectively, delivering on its roles and responsibilities, and to recommend any changes to how they are operating. Members of the Flood Risk Management Committee, Heritage Reference Committee and Ku-ring-gai Traffic Committee were recently surveyed for their feedback, and the results were provided to the Committee chairs for their information and any appropriate actions. To inform the establishment of the new Environment Committee and Smart Transport Advisory Committee, members of the previous Sustainable Recreation and Active Transport Committees will be surveyed for their feedback.

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.

L4.1.2.1: Ensure that Council and Committee meetings are managed effectively and in accordance with relevant legislation, codes and guidelines.

Governance Matters

Appointments to committees are by Council resolution. As such, each appointment may be made simply by successfully moving a motion.

Alternatively, Council may vote for individual appointments prior to confirming the appointments by resolution. If this path is chosen by Council, it is recommended that open voting be used, with Councillors publicly raising their hands for the candidate of their choice.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Council’s advisory and reference committees aim to enhance community engagement and more inclusive decision-making by involving community stakeholders and diverse voices. This provides valuable insights from different sections leading to more informed and balanced decisions, fosters trust, transparency and more effective policies and programs that benefit the entire community.

Environmental Considerations

The Environment Committee and Smart Transport Advisory Committee seek to improve environmental outcomes by involving community members with relevant expertise in decision-making.

Community Consultation

To inform the establishment of the new Environment Committee and Smart Transport Advisory Committee, members of the previous Sustainable Recreation and Active Transport Committees will be surveyed for their feedback.

Internal Consultation

The Urban Planning and Design business unit and the Environment and Sustainability business unit have consulted with Governance and Corporate Strategy and the development of the draft Terms of Reference.

Draft Terms of Reference were also circulated to Councillors for feedback.

Summary

This report seeks adoption of the Environment Committee and Smart Transport Advisory Committee Terms of Reference and appointment of Councillors to both committees.

Recommendation:

That Council:

A. Adopt the Environment Committee and Smart Transport Advisory Committee Terms of Reference;

B. make any required changes to the Advisory and Reference Committee Guidelines;

C. appoint a Chairperson and Deputy Chairperson to both committees for the 2024-26 Mayoral term; and

D. note that community membership of both committees will be reviewed and recommendations brought back to Council by 8 April 2025.

Sybylla Brown

Natural Areas Program Leader

Jacob Sife

Acting Director Strategy and Environment

Attachments:	A1⇩	Draft Terms of Reference - Smart Transport Advisory Committee		2024/389801
	A2⇩	Draft Terms of Reference - Environment Advisory Committe		2024/392104

Ordinary Meeting of Council - 17 December 2024	GB.13 / 1

Item GB.13	S13127

Public EV Charging Proposals - NSW Kerbside Charging Program Round 1

EXECUTIVE SUMMARY

purpose of report:	This report presents the community consultation results for five (5) EVIE Networks site proposals that have been awarded Round 1 funding. This report also recommends which of these site proposals to progress through planning assessments, based on the community consultation results.

background:	The NSW Government’s EV program notes that while at-home charging will be the preferred form of charging for the majority of EV owners, up to 1 in 3 NSW households will rely on public charging infrastructure as at-home charging cannot be implemented for many in rental, apartment, or terrace living (Attachment A1).

comments:	Under the Government’s Kerbside Charging program, Ku-ring-gai Council provided letters of in-principle support to EVIE Networks for five (5) site proposals which were awarded Round 1 grant funding.

recommendation:	A. That Council progresses the necessary approval assessments and negotiation of commercial terms required for development and installation of the site proposals at: o 9 Coonanbarra Road, Wahroonga o 2-8 Turramurra Avenue and Gilroy Lane, Turramurra o 1 Reading Avenue, East Killara o 2 Lord Street, Roseville B. Subject to assessment and negotiation of commercial terms, that Council approves the development and installation of the proposed chargers for the above sites.

Purpose of Report

Background

Electrification of the community’s private transport fleet through the adoption of electric vehicles is critical to achieving Council’s net zero emissions target by 2040. The adopted Climate Change Policy and Towards Zero Emissions – 2030 Action Plan identifies zero emissions transport as a key component for Ku-ring-gai to achieve Net Zero, requiring the accelerated uptake of electric vehicles (EVs). The provision of public chargers is identified as a supporting action for EV adoption in the Plan, and it is a primary objective of Council’s Policy for Electric Vehicle Charging Infrastructure on Council Land.

Infographic 1. EV charging profile for Ku-ring-gai (Source: NSW Government - see attachment A1)

The NSW Government’s EV Charging Strategy also recognises the importance of EV charging infrastructure for enabling transport electrification and the transition to a Net Zero NSW economy. The Government’s program states that while at-home charging will be the preferred form of charging for the majority of EV owners, up to 1 in 3 households will rely on public charging infrastructure as at-home charging cannot be implemented for many vehicle owners in rental, apartment, or terrace accommodation (see Attachment A1).

The NSW Government’s EV Strategy identifies local government as a key partner for enabling its objective of “Building a world-class electric charging network”.

Ku-ring-gai’s Charging Needs

EV ownership is currently at 4.5% in Ku-ring-gai. EV registrations and rates of ownership have been doubling each year for the past 5 years and this trend is expected to continue doing so into the near future.

The NSW Government estimates 441 kerbside ports may be needed by 2030 to meet community needs for charging (see Attachment A1). Kerbside charge ports are the most convenient and cost-effective charging option for residents who do not have access to charging at home in terraces, apartments, or rental accommodation. Currently, Ku-ring-gai has 24 charging ports that have been provided by Council, NSW Government, and private investment.

Infographic 2. EV charging profile for Ku-ring-gai (Source: NSW Government – see Attachment A1)

The NSW Government Electric Vehicle Kerbside Charging Grant addresses localities with higher density housing, acknowledging these areas face greater challenges to accessing charging at-home.

Utilisation data for Council-operated public EV chargers reflects strong local demand. During the first four weeks of operation, the EV charger at Turramurra Library recorded approximately 150 unique drivers completing over 700 charging sessions. Although these chargers are currently free to use, this demonstrates a significant number of residents benefiting from access to public charging.

Comments

Site specific community consultation was undertaken between 30 September and 27 October for five Evie Networks site proposals. The sites are:

Table 1 EV Charger Site Proposals

Site Address	Number of EV charging bays	Number of charging ports	Charging speed and capacity
9 Coonanbarra Road, Wahroonga	4	4	Up to 75 kW DC shared between 2 ports
2-8 Turramurra Avenue and Gilroy Lane, Turramurra	4	4	Up to 75 kW DC shared between 2 ports
1 Reading Avenue, East Killara	4	4	Up to 75 kW DC shared between 2 ports
2 Lord Street, Roseville	4	4	Up to 75 kW DC shared between 2 ports
11 Bradfield Road, Lindfield	4	4	Up to 75 kW DC shared between 2 ports

Below are indicative images demonstrating the size and style of the EV chargers at each proposed site.

NOTE: These images represent preliminary designs which are subject to design review and environmental assessment.

Figure 1. Indicative EV charger layout at 9 Coonanbarra Road, Wahroonga

Figure 2 . Indicative EV charger layout at 2-8 Turramurra Ave, Turramurra

Figure 3. Indicative EV charger layout at 1 Reading Ave, East Killara

Figure 4. Indicative EV charger layout at 2 Lord Street, Roseville

Figure 5. Indicative EV charger layout at 11 Bradfield Road, Lindfield

Preliminary site layouts with additional information are contained in Attachment A2.

Community Engagement

The level of engagement from the community captured in the table below.

Table 2 Community Consultation Engagement Summary

Communications reach

Feedback capture

· Ku-ring-gai e-news (x2) - 37k+

· Your Say Ku-ring-gai e-news – 1.1K +

· Community Engagement Hub (3,500 page views, 1281 unique visitors, 1051 plan downloads)

· Facebook posts - 30 September and 10 October

· Letterbox drop (250 radius of each site) – 1552 letter to residents, 382 letters to businesses.

· On site signage

· Visits to businesses (16 and 17 October)

· Promotion at Sustainable Futures Day (1000+ attendees)

· Online Survey - 161 responses

· Written submissions (via online submission tool, email and letters) – 17 submissions - 15 online, 2 by mail

· Interactive map (198 votes)

· In-person comments gathered during business visits

Overview of Submissions – Matters Raised and Comments

There were 161 responses in the online survey. The level of support from the survey is shown in the table below.

Table 3 Summary of Site Support and Recommendations

Location

Level of Support

Recommendation

9 Coonanbarra Road, Wahroonga

71% Support or Strongly Support.

20% Oppose or Strongly Oppose.

8% Neutral.

Continue to environmental assessment and approvals.

Progress to negotiating appropriate commercial terms.

2 – 8 Turramurra Ave, Turramurra

71% Support or Strongly Support.

20% Oppose or Strongly Oppose.

8% Neutral.

Continue to environmental assessment and approvals.

Progress to negotiating appropriate commercial terms.

1 Reading Ave, East Killara

72% Support or Strongly Support.

19% Oppose or Strongly Oppose.

9% Neutral.

Continue to environmental assessment and approvals.

Progress to negotiating appropriate commercial terms.

2 Lord Street, Roseville

71% Support or Strongly Support.

20% Oppose or Strongly Oppose.

8% Neutral.

Continue to environmental assessment and approvals.

Progress to negotiating appropriate commercial terms.

11 Bradfield Road, Lindfield

67% Support or Strongly Support.

25% Oppose or Strongly Oppose.

8% Neutral.

Site to be removed from progressing further due to concerns that the proximity of the chargers to an adjacent dwelling could lead to disturbance of residents late at night from EV charger users talking and closing car doors.

General Themes in Support

· More chargers are needed in Ku-ring-gai.

· The chargers will support those who cannot charge at home and improve accessibility to charging infrastructure.

· The chargers will encourage uptake of EVs.

· EVs are the future.

· Good for the environment.

· The chargers will be good for business – people can visit the shops and cafes while they charge.

Site Specific Concerns Raised

· For 11 Bradfield Road, Lindfield, concerns were submitted about the proximity of the proposed charging bays to the adject dwelling. Specifically, the submissions asserted that any late-night usage of the EV chargers could result in disturbance of the residents due to conversations and car doors closing.

Council Response: Site to be removed from progressing further due to concerns that the proximity of the chargers to an adjacent dwelling could lead to disturbance of residents late at night from EV charger users talking and closing car doors.

General Concerns Raised

· For some of the sites, submissions asserted that these carparks are in high demand and parking is limited.

Council Response: With EV ownership in Ku-ring-gai at 4.5%, and doubling each year, a significant number of EV drivers will already be utilising the proposed carparks for other services. Placing charging bays in these locations provides an opportunity for drivers to charge a vehicle while they shop, visit a café, or use the services of local businesses.

· EV users should be charging at home or at a service station.

Council Response: The NSW Government and Council recognises that many residents are not able to access at-home charging and that public charging infrastructure needs to be deployed to support these residents. Unlike petrol and diesel vehicles which must be refuelled at a service station, EVs can be charged without supervision in any location, allowing drivers to charge at different moments in a journey – in this case, while using local services.

Further information on the community consultation responses is provided in the following attachments:

Attachment	Document
A3	Detailed Summary of Matters Raised and Individual Submissions
A4	Engagement Summary - Public Electric Vehicle Chargers October 2024

integrated planning and reporting

Theme 2 – Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

N4.1: A community transitioning to net zero emissions and responding to the impacts of climate change and extreme weather events.

N4.1.1: Our community is effectively informed and engaged on climate change impacts and responses.

N4.1.1.4: Identify opportunities to support the uptake of low and zero emission vehicles within the community.

Governance Matters

NSW Grant funding has been awarded only for site proposals and CPOs that have met the criteria in the NSW Government EV Kerbside Charging grant guidelines.

Development of site proposals that have been awarded grant funding are subject to normal Council assessment processes and reviews. This will involve the following:

· Site specific community consultation (Completed for five EVIE Network proposals);

· Detailed design review (Changes to Assets/use of Council Land);

· Environmental assessment;

· Roads Act Approval (only relevant for on-street EV charging);

· Traffic facilities approval (Traffic Committee or Operations Director); and

· Negotiation of commercial terms.

Risk Management

Risks Associated with Accepting the Report Recommendations

For this initiative, many risks associated with third party public EV charging are managed through the evaluation process applied by the NSW Government’s Kerbside Charging program. For example, CPOs awarded grant funding must meet minimum requirements for maintenance and public liability insurance and are assessed for their capacity to deliver a high up-time service.

Additionally, several other risks are managed via the community consultation, design review, environmental assessment, license negotiations and other approval steps outlined in the Governance section of this report.

Table 4. Risk analysis and evaluation.

Risks Associated with Rejecting the Report Recommendations

The key risks associated with rejecting the report recommendations are:

· Loss of public standing due to not meeting community expectations and needs for public EV charging; and

· loss of reputation (with CPOs) as an actively engaging Council with the CPO sector.

Financial Considerations

NSW Government Kerbside Grant

The installation and operation of chargers is of no direct monetary cost to Council as the chargers are fully funded by the CPO and the NSW Government Electric Vehicle Kerbside Charging Grant Round 1. Grant opportunities like the Kerbside EV Charging program and others that the NSW Government are intending to roll out as part of the NSW Government’s Electric Vehicle Strategy help to reduce the financial burden on Council to develop the EV Charging network.

Concurrently, staff are presently reviewing responses to a Request for Proposals for CPOs interested in applying for Round 2 of the Kerbside Grant, closing on 9 December. Successful respondents will receive Letters of Support to supplement their grant application.

As the cost of installing and operating public EV charging equipment is significant, the implementation of third-party EV chargers is an efficient way for Council to meet its transport electrification and Net Zero objectives.

Proposed License Rates

Evie Networks will pay an annual lease or license fee to Council for each existing parking bay occupied by the EV charging bays and associated charging infrastructure. The proposed annual license rates for each parking bay are contained in Attachment A5.

Operational Costs

No substantial changes are expected in operational costs. Parking enforcement will be required and is expected to continue as per current operations.

Social Considerations

Improved Equity in Transitioning to Low Emissions Transport

Providing public EV charging infrastructure will improve equity for those who cannot access at-home charging in many rental, apartment, or terrace living. Public EV charging infrastructure will signal to the community that electrification of transport is realisable, encouraging further adoption of electric vehicles.

Increase in Economic Activity

Locating EV chargers near retail services creates the opportunity for users of the chargers to access those services and provide economic benefits for local businesses.

Social License

The Ku-ring-gai Community has continuously showed high levels of engagement with electrification and actions pursuing Net Zero. Council has received lots of feedback that the community is eager to see the expansion of the EV Charging network in Ku-ring-gai. Council is viewed as a leader in the transition to net zero.

Environmental Considerations

These proposals align with Council’s objective for Ku-ring-gai to reach Net Zero Emissions by 2040 or earlier which forms part of Council’s commitment to environmental sustainability more broadly.

All environmental impacts of the installations will be considered and assessed as part of the environmental assessment process.

Community Consultation

Consultation for each of the five sites was undertaken between 30 September and 27 October 2024.

A summary of the community consultation results is contained in the Comment section of this report.

Internal Consultation

A Public Electric Vehicle Charging Infrastructure Working Group has been convened to represent departmental stakeholders including Environment & Sustainability, Design, Property, Urban Planning, Traffic, Procurement, and Community & Business Engagement. The purpose of the working group is to provide guidance on the implementation of Council’s Policy for Electric Vehicle Charging Infrastructure on Public Land.

The working group has reviewed the consultation feedback and contributed to the recommendations in this report.

Summary

As part of NSW Government’s Electric Vehicle Charging Strategy, the Round 1 Kerbside Charging grant funding has been awarded to Evie Networks for five locations in Ku-ring-gai.

Site specific consultation with the community was undertaken between 30 September and 27 October 2024 for the following sites:

• 9 Coonanbarra Road, Wahroonga

• 2-8 Turramurra Avenue and Gilroy Lane, Turramurra

• 1 Reading Avenue, East Killara

• 2 Lord Street, Roseville

• 11 Bradfield Road, Lindfield

The feedback included 161 online survey responses, 17 written submissions, 198 votes on an interactive map and in-person comments gathered through business visits. Support for the first four sites exceeded 70%, while opposition remained below 21%. The site receiving the most submissions raising local concerns was 11 Bradfield Road, primarily due to its proximity to an adjacent dwelling and the potential disturbance to residents during nighttime use of the EV chargers.

Given the rate of EV ownership in Ku-ring-gai is 4.5%, and doubling annually, the proposed EV charging sites represent a very modest development and will prove valuable for informing the direction of Council’s ongoing strategy for public EV charging.

Recommendation:

A. That Council progresses the necessary approval assessments and negotiation of commercial terms required for development of the site proposals at:

1. 9 Coonanbarra Road, Wahroonga;

2. 2-8 Turramurra Avenue and Gilroy Lane, Turramurra;

3. 1 Reading Avenue, East Killara; and

4. 2 Lord Street, Roseville.

B. Subject to assessment and negotiation of commercial terms, that Council approves the development and installation of the proposed chargers for the above sites.

Emily Jiang

Building Sustainability Contractor

Peter Vun

Program Leader – Energy Management and Net Zero Strategy

Jacob Sife

Acting Director Strategy and Environment

Attachments:	A1⇩	NSW Government EV Charging Profile for Ku-ring-gai	2024/379731
	A2⇩	Evie Networks Preliminary Site Layouts Merged	2024/379068
	A3⇩	Detailed Overview of Submissions for Public EV Charging Consultation October 2024	2024/380743
	A4 ⇩	Engagement Summary - Public Electric Vehicle Chargers October 2024	2024/380054
	A5	EVIE Networks Proposed Commercial Rates - April 2024	Confidential

Ordinary Meeting of Council - 17 December 2024	GB.1 / 1

Item GB.1	S08447

Ordinary Meeting of Council - 17 December 2024	GB.4 / 1

Item GB.4	FY00621/7

Ordinary Meeting of Council - 17 December 2024	GB.5 / 1

Item GB.5	CY00022/16

Ordinary Meeting of Council - 17 December 2024	GB.6 / 1

Item GB.6	RFT2-2024/R

Hi purpose of report:	To determine the Ku-ring-gai Traffic Committee meeting dates for 2025.

background:	Meeting dates are scheduled to suit Council’s meeting cycle and time constraints for the preparation of Committee meeting minutes for Council’s agendas.

comments:	Determining meeting dates in advance assists both internal and external stakeholders. The proposed meeting dates for 2025 are: § 26 February 2025 § 28 May 2025 § 27 August 2025 § 26 November 2025

recommendation:	That the Ku-ring-gai Traffic Committee meetings for 2025 be scheduled quarterly between February and November as per dates specified and that meetings are held only as required.

Attachments:	A1	RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve - List of Submitters		Confidential
	A2	RFT2-2024 Playspace Upgrade Lorraine Taylor Reserve - Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 17 December 2024	GB.8 / 1

Item GB.8	CY00413/12