Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 20 June 2023 AT 7:00PM

Level 3, Council Chamber

Agenda

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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.4 Councillor Interaction with Staff and Access to Information Policy

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

Attachment 2: Draft Councillor Interaction with Staff and Access to Information Policy

GB.11 Reclassification Planning Proposal
261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble

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

Attachment 3: Financial Considerations and Permitted Uses - Town Hall and Presbytery 1186-1188 Pacific Hwy, Pymble

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 15

File: EM00041/4

Meeting held 16 May 2023

Minutes numbered 56 to 68

minutes from the Mayor

MM.1 Damaging increase in Emergency Services Levy costs 25

File: S09112/11

I am calling on Councillors to support representations to the NSW Government in response to the highly damaging increase in the Emergency Services Levy (ESL) imposed on all councils without warning for the 2023/24 financial year.

The ESL is a cost imposed on councils and insurance policy holders to fund the emergency services budget in NSW. The majority is paid as part of insurance premiums, with a further 11.7% funded by councils and 14.6% by the NSW Government. The ESL represents cost shifting at its worst, as it is imposed on councils without any mechanism for councils to recover costs.

Local Government NSW advise that the levy increase for the State’s 128 councils in 2023/24 amounts to almost $77 million, with the total cost imposed on the local government sector increasing from $143 million in the current financial year to $220 million next year. This represents a 53% increase, completely overshadowing the IPART rate peg of 3.7% for 2023/24. LGNSW further advise that reporting suggests that the increase in costs this year reflects a 73% increase in the State Emergency Service budget and an 18% funding increase to Fire and Rescue NSW. The impact of these large increases on council finances will be particularly severe in 2023/24 as a result of the NSW Government deciding to scrap the subsidy for council ESL payments.

For many councils, the unexpected costs will absorb almost all of their IPART approved rate rise for this year and in some cases absorb more than 100%. This is placing local government budgets under enormous pressure as they struggle from the combined impact of the pandemic, extreme weather events, high inflation and wage increases.

IPART approved rate rises are intended to compensate for the impacts of inflation and increases in costs associated with delivering council services. Instead, the rate increase will have to be diverted to the significantly higher ESL payments this year.

Council’s net ESL contribution has increased from $2.66m in 2022/23 to $4.35m in 2023/24. This increase of $1.69m is comprised of an $860k increase in the levy, and a $830k impact from the removal of the rebate previously provided by the NSW Government. This additional $1.69m amounts to 63% of the IPART approved increase to rates income of $2.68m for 2023/24, leaving only $990k to cover all other cost increases. With the mandatory Award wage increase forecast to cost Council an additional $2m in 2023/24, the combined increase to wages and the ESL will outstrip rates revenue growth by more than $1m. In addition, there is the impact on Council’s budget of high inflation on the cost of materials, services and capital works.

If the NSW Government’s decision is not reversed, Council will have less financial capacity to provide essential community services and infrastructure into the future. The timing of this development is particularly challenging for councils as it comes so late in the local government budgeting cycle, well after IPART’s rate determination for the coming financial year and after Council has publicly advertised its Operational Plan and annual budget to the community.

Ku-ring-gai strongly supports a well-funded emergency services sector and the critical contribution of emergency services workers and volunteers. However, these services must be supported through an equitable, transparent and sustainable funding model.

Local Government NSW has raised the serious concerns of the local government sector with the NSW Government and is seeking the support of councils across NSW in amplifying this advocacy.

Recommendation:

That:

A. Council writes to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Members:

a. Expressing Council’s strong opposition to the NSW Government’s last-minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community.

b. Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, along with the scrapping of the subsidy, the base 3.7% rate increase allowed by IPART has been significantly eroded, reducing the ability of Council to provide essential community services and infrastructure.

c. Calling on the NSW Government to take immediate action to:

i. Restore the ESL subsidy in 2023/24.

ii. Urgently introduce legislation to decouple the ESL from the rate peg, to enable councils to recover the full cost and identify the decoupled charge as a separate item on rates notices.

iii. Develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

B. Council writes to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress.

C. Council writes to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

MM.2 Stronger measures to reduce waste 27

File: S10762

The purpose of this Mayoral Minute is to outline ways in which Ku-ring-gai Council along with other Sydney councils can advocate for stronger measures to reduce waste.

Across Australia, people are asking for more ambitious action on climate change. Reducing waste and its impact on the environment is one of the key actions councils can take to lower our emissions.

All councils have a key role to play in reducing waste and its impact on the environment.

Across the Sydney metropolitan area, 55 per cent of household and commercial waste goes to landfill each year. This results in the loss of valuable resources, costing businesses and households more than $750 million in waste levies each year.

I propose that Council resolves to work with other Sydney councils on

a. reducing waste

b. improving environmental outcomes where waste has to be processed; and

c. finding solutions for the residue that is left.

I also ask that our council continues to lobby the NSW Government to invest revenue from its waste levy for council and industry initiatives that:

a. accelerate the transition to a circular economy

b. build the waste infrastructure needed to meet the growing pressures of population growth, loss of landfill capacity and a lack of competition in the sector

c. educate and support communities to reduce waste

Sydney councils must meet ambitious resource recovery and waste reduction targets, while also meeting the community’s expectations for uninterrupted services and public health outcomes. The time has long passed when councils collected rubbish and transported it to a landfill where it would slowly rot away.

Achieving an overhaul of the waste industry requires strategic input from Mayors, Councillors, and Council staff.

Providing viable waste services for the community is no longer solely an operational issue for council staff to manage. Industry-wide changes include a limited number of suppliers, a lack of processing infrastructure and a shortage of readily accessible waste collection and transfer sites.

These issues present local government with the prospects of rising costs, increasing truck movements and resource recovery rates that are static at best. Few options exist for increased efficiency or resource recovery improvements, or to reduce landfill.

The original drivers of public health and hygiene have been supplemented by the need to reduce pollution, lower carbon emissions, and recover and re-use resources. Collecting waste is only part of the picture; councils must make strategic decisions about where this waste will go.

The last 20 years have seen significant positive change. Recycling has been introduced for glass, hard plastics, paper and cardboard. There are separate collections for mattresses, electronic waste, tyres, clothing, mobile phones, batteries and chemicals. Landfill sites are capturing methane to generate energy. There could soon be collections for food waste and garden organics.

In spite of these successes, waste processing and disposal have not kept pace with recent changes, the population is growing and waste generation rates continue to increase. Most Sydney councils must pay to haul recyclable materials and waste far outside their local area, and new transfer capacity is difficult to secure due to the cost and availability of appropriately zoned land.

Data shows that councils will not be able to meet NSW and Commonwealth targets with our current systems. Even with the highest efficiencies, progress in domestic waste collection and recovery will be impossible without major and expensive changes.

The waste levy on landfill is an incentive to recycle, but in a failing market just adds to the costs that Council must charge the community. Only about 7 per cent of $800 million in annual waste levy revenue comes back to councils and the waste industry through grants to fund improvements. Councils will not receive a fair share of funding, despite being asked to meet government targets and transition to a circular economy.

In our local government area, the cost of domestic waste service is more than $20 million and council has not received any waste grants within the last 12 months. In fact, the EPA’s Better Waste & Recycling Grant ceased in June last year and has not been extended.

The Deputy Mayor attended the Metropolitan Sydney Mayoral Summit on Waste on my behalf on
18 May 2023 to discuss what councils can do to contribute solutions to these concerns. The Sydney Mayoral Summit was convened by Southern Sydney Regional Organisation of Councils (SSROC) on behalf of Resilient Sydney, which our council supports.

We heard from the waste industry, NSW EPA and Federal Government representatives and Sydney Mayors about initiatives and areas of influence where councils can work together.

Recommendation:

I recommend that Council resolve to take strategic action on waste by:

A. calling on the Federal Government to expedite bans on materials that cannot be recycled or recovered, and to increase extended producer responsibilities;

B. calling on the NSW Government to set the waste levy at an appropriate level with realistic hypothecation allocation, to streamline planning approvals for infrastructure and to increase clarity and efficiency of licensing procedures;

C. working with other metropolitan Sydney councils to coordinate our advocacy, communications and collective buying power to bring the benefits of scale, efficiency and industry confidence;

D. working with the other tiers of government to ensure the delivery of infrastructure solutions locally to reduce waste hauled long distances or to landfill.

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 LVH - Analysis of Trees and Habitat 30

File: S12165-4-6

This report has been prepared in response to NM1 ‘LVH – Analysis of trees and habitat’, OMC 18 March 2023.

Recommendation:

That:

A. Council receives and notes this report; and

B. Updates to the Arboricultural report and the Flora and Fauna report proceed as detailed in this report.

GB.2 Draft Social Media Policy 41

File: S13927

To provide Council with a draft Social Media Policy which has been developed by the Office of Local Government and adapted to suit Ku-ring-gai Council’s social media platforms.

Recommendation:

That the draft Social Media Policy be placed on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as attached to this report.

GB.3 Investment Report as at May 2023 63

File: FY00623/5

To present Council’s investment portfolio performance for May 2023.

Recommendation:

That the summary of investments performance for May 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.4 Councillor Interaction with Staff and Access to Information Policy 71

File: CY00473/10

To adopt a new Councillor Interaction with Staff and Access to Information Policy, including records management requirements and supporting procedures to manage requests for information and advice.

Recommendation:

That Council adopt the attached Councillor Interaction with Staff and Access to Information Policy (Attachment B).

GB.5 Mayor and Councillor Fees - 2023/2024 Local Government Remuneration Tribunal Determination 97

File: EM00041/11

To determine the mayor and councillor fees for the 2023/24 financial year.

Recommendation:

That effective 1 July 2023:

A. The annual Councillor fee be set at $27,650; and

B. The annual Mayoral fee be set at $73,440, in addition to the Councillor fee.

GB.6 Re-adoption of Fraud & Corruption Control Policy 101

File: S11503

To review and re-adopt Ku-ring-gai Council’s Fraud & Corruption Control Policy (the Policy).

Recommendation:

Council re-adopts the Fraud & Corruption Control Policy with a minor change to wording as per A1.

GB.7 General Manager's Performance Agreement Panel 115

File: CY00254/15

To identify two councillors to sit on the General Manager’s performance agreement panel to review and agree on the parameters of the annual performance agreement for the General Manager before presenting them to Council for adoption.

Recommendation:

That Council determine two councillors to sit on the General Manager’s performance agreement panel.

GB.8 Streets as Shared Spaces Grant - Try Turramurra Completion Report 119

File: S13733

To provide Council with a summary of the outcomes from the Streets as Shared Spaces Round II activations in Turramurra.

Recommendation:

That the report on the outcomes of the Streets as Shared Spaces Round II activations in Turramurra be received and noted.

GB.9 Minutes of Heritage Reference Committee of 27 April 2023 132

File: CY00413/11

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 27 April 2023.

Recommendation:

That Council receives and note the Heritage Reference Committee minutes from 27 April 2023.

GB.10 Ku-ring-gai Development Control Plan Housekeeping Review 138

File: S13723

For Council to consider the review and amendment of the Ku-ring-gai Development Control Plan for public exhibition.

Recommendation:

That the draft Ku-ring-gai Development Control Plan amendment be placed on public exhibition.

GB.11 Reclassification Planning Proposal
261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble 160

File: S13795

For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.

Recommendation:

That the Planning Proposal be submitted to the Department of Planning and Environment for Gateway Determination, and that upon receipt of a Gateway Determination, the exhibition, public hearing and consultation process is carried out, and a report be brought back to Council.

GB.12 Ku-ring-gai Council - Open Space and Recreation Needs Study - Draft for Public Exhibition 180

File: S13467

To seek Council’s approval to place the draft Ku-ring-gai Council - Open Space and Recreation Needs Study on public exhibition.

Recommendation:

That Council endorse the draft Ku-ring-gai Council - Open Space and Recreation Needs Study for public exhibition.

GB.13 The Glade Landscape Masterplan - Post Site Inspection 338

File: S13590

To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.

Recommendation:

That Council adopt The Glade Landscape Master Plan Report, May 2023 as attached to this report

GB.14 Queen Elizabeth Reserve, Lindfield - Landscape Masterplan - Post Exhibition Report 446

File: S13787

To seek Council’s endorsement of the Landscape Masterplan for Queen Elizabeth Reserve, Lindfield.

Recommendation:

That Council adopt the Queen Elizabeth Reserve Landscape Masterplan Report, May 2023 as attached to this report and retain the shared facility on Queen Elizabeth field with timed usage for the dog off-leash facility as follows:

a) Summer (1 September – 31 March) hours between 6.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

b) Winter (1 April – 31 August 31) hours between 4.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

GB.15 Post Exhibition - Revised Resourcing Strategy 2023-2033, Revised Delivery Program 2022-2026 and Operational Plan 2023-2024

File: FY00382/15

To be circulated under late Agenda.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Proposed new facilities at North Turramurra Recreation Area by Northern Suburbs Football Association 483

File: EM00041/11

Notice of Motion from Councillor Spencer dated 25 May 2023

At the Ordinary Meeting of 14 February 2023 Council considered a report on a proposal by the Northern Suburbs Football Association (NSFA) to construct a new grandstand and associated facilities at the North Turramurra Recreation Area (NTRA). The report (item GB.18) detailed the project proposal, including details associated with the approved DA (DA0484/21) as well as successful grant applications undertaken by the NSFA.

Despite being alerted to considerable risks associated with the project, Council resolved as follows:

(Moved: Councillors Pettett/Smith)

That Council:

A. Receive and note updates contained within this report.

B. Note that while the project falls below the $10 million threshold for a formal Capital Expenditure Review to be prepared and submitted to the Office of Local Government, Council’s own recent practice is to prepare a Capital Expenditure Review for projects over $5 million.

C. Note that funds to pay Council staff, cost planning, legal fees and associated costs in the negotiation of a HoA will be covered by existing Council budgets.

D. Note that the project falls within the definition of a “major project” from Council’s own internal project management processes and would consequently fall under the oversight of the Major Project Steering Committee and Major Project Advisory Committee.

E. Note that transaction documents associated with delivery of the facility would be broadly based on equivalent document prepared for the St Ives High School Basketball Courts, with all capital costs, operating costs, and whole of lifecycle costs to be borne by the NSFA.

F. Note that this proposal is not driven by financial outcomes, but rather the economic, social and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, from a strictly financial perspective, the project may not be financially feasible.

G. Accept the potential risks, costs and benefits associated with the project as discussed in this report at this point in time, and that a further report to Council outlining the terms of the HoA be presented to Council prior to execution.

H. Note finalisation of transaction documents associated with the project would also be referred to Council for consideration prior to execution.

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

Against the Resolution: Councillors Kay, Ngai, Spencer and G. Taylor

I do not believe that this resolution is in the best interests of the local residents, the residents of Ku-ring-gai, and further, that it exposes Council to considerable risks of cost overruns and ongoing maintenance and operational costs.

The long term masterplanning for NTRA never contemplated a facility of the scale and nature proposed by NSFA for their specific use. Redevelopment of NTRA was a multi-year project funded from development contributions, general revenue, and a special rate variation on all residents of Ku-ring-gai. The project cost some thirty million dollars. It was not funded by individual sporting user groups, and it was not carried out for the benefit of one dominant sporting group.

Implementation of the NSFA proposal for North Turramurra will cement them as the primary users of this site at the expense of all other users for decades to come. This is not the reason Council funded redevelopment of NTRA.

I therefore move:

A. That Council cease all negotiations with Northern Suburbs Football Association to develop a Heads of Agreement in relation to proposal by Northern Suburbs Football Association (NSFA) to construct a new grandstand and associated facilities at the North Turramurra Recreation Area.

B. That Council take no action to commence negotiations on, or documentation of, transaction documents in relation to the project.

C. That Council advise the NSW Office of Sport that it did not provide owners consent in NSFA’s successful Multi-Sport Community Facility Fund 2022-23 Grant.

D. That Council further advises the NSW Office of Sport that it does not believe that the grant submission lodged by NSFA and subsequently approved met the guidelines for the 2022-23 Multi-Sport Community Facility Fund Grant Round because the grant application does not appear to:

i. provide a minimum 50% financial co-contribution by NSFA of the grant amount requested;

ii. provide evidence of landowner(s) consent for the project;

iii. provide evidence of the applicant’s capacity to fund and manage ongoing operations including routine and lifecycle maintenance costs; and

iv. have broad community support, as evidenced by:

· Petition of Objection – Presented by Councillor Cedric Spencer to Council 27 April 2022 – 960 Signatures

· Petition of Objection – Presented by Mr Peter Delaney to Council 22 August 2022 – 239 Signatures

· Petition of Objection organised by North Turramurra Action Group to Council 21 September 2022 – 1473 Signatures.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.2 Marian Street Theatre 486

File: S10577/5

Notice of Motion from Councillor Ward dated 26 May 2023

The Marian Street Theatre has been the cultural heart of the dramatic arts in Ku-ring-gai for many decades and that it has been allowed to fall into decline and decay is a travesty.

Myself and some dedicated members of the local community are determined to source funding streams to allow this important cultural asset to be given a viable new lease of life for the next 100 years.

I have been working with the community to investigate self-funded alternatives for redevelopment of the Marian Street Theatre site which would allow redevelopment of a new theatre/community space at no direct cost to Council.

However, to allow the project to continue, it is necessary to obtain feedback from Council staff in relation to draft concept plans so far developed, such that the community group can better document a proposal for Council consideration.

I, therefore, move:

A. That Council staff form a working group of six (6) consisting of community members and staff to further explore a draft proposal and concept plan of a self-funded redevelopment of the Marian Street Theatre site.

B. That this project be given priority with timeline, target dates and stretch target so that the general community has the confidence that Marian Street Theatre/Cultural Centre is progressing.

C. That the working group prepare the report for consideration by Council no later than the August 2023 Ordinary Meeting of Council.

Recommendation:

That the above Notice of Motion as printed be adopted.

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 16 May 2023

Present:

The Mayor, Councillor J Pettett (Chairperson)

Councillors S Lennon & B Ward (Gordon Ward)

Councillors S Ngai & A Taylor (Roseville Ward)

Councillors C Kay & M Smith (remote) (St Ives Ward)

Councillor K Wheatley (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Community (Janice Bevan)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Corporate Lawyer (Jamie Taylor)

Manager Governance and Corporate Strategy (Christopher M Jones)

Manager Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Planning (Craige Wyse)

Senior Governance Officer / Minute Secretary (Melinda Aitkenhead)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer.

Apologies

File: S02194

Mayor Pettett advised of apologies from Councillors Greg Taylor and Cedric Spencer.

Resolved:

(Moved: Councillors Pettett/Kay)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

Councillor Kay declared a non-pecuniary, non-significant interest in relation to GB.4 – Planning Proposal for 4 – 10 Bridge Street, Pymble due to a personal connection with the applicant and advised she would leave the Chamber during this item.

Councillor Ngai declared a non-pecuniary, non-significant interest in relation to GB.6 – Planning Proposal for 4, 12 & 14 Cowan Road, St Ives – Pymble Golf Club, as Councillor Ngai is on the management committee of KYDS Youth Development Service that has received financial support from the Pymble Golf Club. He advised he would leave the Chamber during this item.

Councillor Lennon declared a non-pecuniary, non-significant interest in relation to GB.4 – Planning Proposal for 4 – 10 Bridge Street, Pymble due to a personal connection with an employee of Urbis which provided a report on this matter. He advised he would leave the Chamber during item.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Memorandums:

Councillor questions (and Officer’s responses) on Business paper items GB.5 & GB.6

Memorandum from Director Strategy & Environment dated 12 May 2023 listing Councillor questions and Officer responses for items GB.5 – Planning Proposal for 130 Killeaton Street, St Ives and GB.6 – Planning Proposal for 4, 12 & 14 Cowan Road, St Ives (Pymble Golf Club).

GB.8 – Generic Plans of Management Parks and Sportsgrounds for Adoption

Memorandum from Director Strategy & Environment dated 16 May 2023 with an amended recommendation that the Generic Plan of Management – Parks & Generic Plan of Management Sportsground current hours of operation remain in effect till the current winter sports season 2023 is completed.

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING File:

File: S02499/9

Resolved:

(Moved: Councillors Kay/Ward)

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

GB.10 RFT6-2023 Electric vehicle chargers supply / install / maintain / manage

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

Attachment 1: Electric Vehicles Chargers RFT6-2023

In accordance with 10A(2)(d)(ii)

Attachment 2: Electric Vehicle Chargers RFT6-2023

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: EM00041/3

Meeting held 18 April 2023

Minutes numbered 43 to 55

Resolved:

(Moved: Councillors Wheatley/Ward)

That Minutes numbered 43 to 55 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

Nil.

PETITIONS

Nil.

Councillor Nominated Site Inspection Requests

Nil.

GENERAL BUSINESS

2022 - 2023 Budget Review - 3rd Quarter ended March 2023

File: S09112/11

Vide: GB.1

To inform Council of the results of the second quarter budget review of 2022/23 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2022 to 31 March 2023.

Resolved:

(Moved: Councillors Wheatley/Ward)

That the March 2023 Quarterly Budget Review and the recommended changes be received and noted.

CARRIED UNANIMOUSLY

Analysis of Land and Environment Court Costs - 3rd Quarter 2022 to 2023

File: FY00623/5

Vide: GB.2

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2023.

Resolved:

(Moved: Councillors Wheatley/Ward)

That the analysis of Land and Environment Court costs for the year ended 31 March 2023 be received and noted.

CARRIED UNANIMOUSLY

Investment Report as at 30 April 2023

File: FY00623/5

Vide: GB.3

To present Council’s investment portfolio performance for April 2023.

Resolved:

(Moved: Councillors Wheatley/Ward)

That:

A. The summary of investments and performance for April 2023 received and noted.

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

CARRIED UNANIMOUSLY

Generic Plans of Management, Parks and Sportsgrounds - for adoption

File: S13463

Vide: GB.8

To have Council adopt the Generic Plan of Management – Sportsgrounds & Parks, both dated April 2023.

Resolved:

(Moved: Councillors Wheatley/Ward)

That Council adopt the:

A. final Generic Plan of Management – Parks, dated April 2023 in accordance with clause 70B of the Crown Land Management Regulation 2018.

B. final Generic Plan of Management – Parks & Generic Plan of Management – Sportsgrounds, dated April 2023 in accordance with clause 70B of the Crown Land Management Regulation 2018, with current hours of operation to remain in effect till the current winter sports season 2023 is completed.

CARRIED UNANIMOUSLY

Policy for Electric Vehicle Charging Infrastructure on Public Land – for adoption

File: S13127

Vide: GB.9

For Council to consider the Policy for Electric Vehicle Charging Infrastructure on Public Land (updated in response to public exhibition comments), and to seek endorsement of the updated policy.

Resolved:

(Moved: Councillors Wheatley/Ward)

That Council adopt the Policy for Electric Vehicle Charging Infrastructure on Public Land.

CARRIED UNANIMOUSLY

RFT6-2023 Electric vehicle chargers supply / install / maintain / manage

File: RFT6-2023/R

Vide: GB.10

To consider the tenders received for RFT6-2023 Electric Vehicle chargers – Supply / Install / Maintain / Manage and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Wheatley/Ward)

That:

A. As a result of considering the tenders submitted for the proposed RFT6-2023 Electric Vehicle Chargers – Supply / Install / Maintain / Manage contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 1995 (“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. Negotiations to extend to all interested parties that downloaded the Tender documents.

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.

CARRIED UNANIMOUSLY

After having previously declared a non-pecuniary, non-significant on Item GB.4, Councillors Kay and Lennon withdrew from the Chambers during discussion on the below matter.

Planning Proposal for 4-10 Bridge Street, Pymble

File: S13905

Vide: GB.4

For Council to consider whether to submit the private Planning Proposal for 4-10 Bridge Street, Pymble to the Department of Planning and Environment for a Gateway Determination.

Resolved:

(Moved: Councillors Wheatley/Ward)

A. That the Planning Proposal be amended in accordance with the recommendations in this report and Table of Assessment (Attachment A17).

B. That the Planning Proposal (as amended) be submitted to the NSW Department of Planning and Environment for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.

C. That delegation be given to the General Manager and Director of Strategy and Environment to verify all amendments are in accordance with the recommendations in this report and Table of Assessment (Attachment A17) prior to forwarding to the Department of Planning and Environment.

D. That Council requests to be authorised as the local plan-making authority to exercise the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979.

E. That a site-specific DCP be prepared by Council in accordance with the details in this report and paid for by the proponent in accordance with Council’s Fees and Charges.

F. That upon receipt of a Gateway Determination, the public exhibition of the planning proposal and site-specific DCP is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, the Gateway Determination and the Ku-ring-gai Community Participation Plan.

G. That a report be brought back to Council at the end of the exhibition process.

CARRIED UNANIMOUSLY

Planning Proposal for 130 Killeaton Street, St Ives

File: S13685

Vide: GB.5

For Council to consider whether to submit the Planning Proposal for 130 Killeaton Street, St Ives to the Department of Planning and Environment for a Gateway Determination.

Resolved:

(Moved: Councillors Kay/A. Taylor)

A. That the planning proposal is not supported by Council.

B. That the NSW Department of Planning and Environment be advised of Council’s position and the Planning Proposal not be submitted for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.

C. That Council updates Greenweb mapping to reflect the occurrence of Sydney Turpentine Ironback Forest (STIF) and Blue Gum High Forest (BGHF) at 130 Killeaton Street, St Ives.

CARRIED UNANIMOUSLY

After having previously declared a non-pecuniary, non-significant on Item GB.6, Councillor Ngai withdrew from the Chambers during discussion on the below matter.

67	Planning Proposal for 4, 12 & 14 Cowan Road, St Ives - Pymble Golf Club File: S12645 Vide: GB.6
	For Council to consider the private Planning Proposal that has been lodged for 4, 12 & 14 Cowan Road, St Ives (Pymble Golf Club).
	Motion: (Moved: Councillors Wheatley/Kay) A. That the Planning Proposal be amended in accordance with the recommendations in this report and Table of Assessment (Attachment A11). B. That delegation be given to the General Manager and Director of Strategy and Environment to verify all amendments are in accordance with the recommendations in this report and Table of Assessment (Attachment A11) prior to forwarding to the Department of Planning and Environment. C. That the Planning Proposal (as amended) be submitted to the Department of Planning and Environment for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979 D. That Council requests to be authorised as the local plan-making authority to exercise the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979. E. That a site-specific DCP be prepared by Council in accordance with the details in this report, paid for by the proponent in accordance with Council’s Fees and Charges. F. That upon receipt of a Gateway Determination, the public exhibition of the planning proposal and site-specific DCP is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, the Gateway Determination and the Ku-ring-gai Community Participation Plan G. That a report be brought back to Council following the conclusion of the public exhibition process. AMENDMENT: (Moved: Councillors Kay/A. Taylor) A. That the Planning Proposal is not supported by Council. B. That the Department of Planning and Environment be advised of Council’s position and the Planning Proposal not be submitted for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979. The Amendment was put and CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED.
	Resolved: (Moved: Councillors Kay/A. Taylor) A. That the Planning Proposal is not supported by Council. B. That the Department of Planning and Environment be advised of Council’s position and the Planning Proposal not be submitted for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979. CARRIED UNANIMOUSLY

Consideration of Submissions - 10 Park Crescent, Pymble - Heritage Listing

File: S14024

Vide: GB.7

For Council to consider submissions received in response to the exhibition of the planning proposal to amend the Ku-ring-gai Local Environmental Plan 2015 to heritage list 10 Park Crescent, Pymble and its interiors as a local heritage item.

Resolved:

(Moved: Councillors Kay/Pettett)

A. That Council adopt the planning proposal to amend Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 to heritage list 10 Park Crescent, Pymble and its interiors as a local heritage item.

B. That Council proceed to make the Plan, using its delegated authority under section 3.36(2) of the Environmental Planning and Assessment Act 1979.

C. That those who made submissions be notified of Council’s decision.

CARRIED UNANIMOUSLY

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

Nil.

QUESTIONS WITH NOTICE

Nil.

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

Nil.

The Meeting closed at 8.00pm

The Minutes of the Ordinary Meeting of Council held on 16 May 2023 (Pages 1 - 240) were confirmed as a full and accurate record of proceedings on 20 June 2023.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 20 June 2023	GB.1 / 1

Item GB.1	S12165-4-6

LVH - Analysis of Trees and Habitat

EXECUTIVE SUMMARY

purpose of report:	This report has been prepared in response to NM1 ‘LVH – Analysis of trees and habitat’, OMC 18 March 2023.

background:	NM1 of OMC 18 April 2023 sought a report to Council be prepared to include but not be limited to the identification and cataloguing of the trees and habitat onsite and the opportunities to relocate or use in any subsequent redevelopment of this site. The resolution was further elaborated during debate as detailed in this report.

comments:	This report addresses the matters resolved and minuted in relation to NM1, including through the provision of supporting consultant advice. Aboricultural and Flora and Fauna reports for the LVH site were previously prepared. Consultant proposals are now to hand, should Council wish to proceed with updates to those reports.

recommendation: (Refer to the full Recommendation at the end of this report)	That: A. Council receives and notes this report; and B. Updates to the Arboricultural report and the Flora and Fauna report proceed as detailed in this report.

Purpose of Report

This report has been prepared in response to NM1 ‘LVH – Analysis of trees and habitat’, OMC 18 March 2023.

Background

This report has been prepared in response to NM1, OMC 18 April 2023, where Council:

Resolved:

(Moved: Councillors Ngai/A. Taylor)

That:

1. A report to Council be prepared to include but not be limited to the identification and cataloguing of the trees and habitat onsite and the opportunities to relocate or use in any subsequent redevelopment of this site.

2. Council staff report back to council on available options for environmental offsets including reasonable restoration of the locally indigenous canopy onsite, in line with the existing process and timeline for the project.

CARRIED UNANIMOUSLY

Comments

Cataloguing of trees and habitat on the Lindfield Hub site was undertaken through two studies:

(i) Arboricultural Site Analysis, and

(ii) Flora and Fauna Assessment Report

Arboricultural Site Analysis

The arboricultural field survey of the LVH site was undertaken in 2015 then updated in 2019 in preparation for the Flora and Fauna study. The report catalogues trees on site (Attachment A1).

During Council’s debate of NM1 (18 April 2023) the extent of the Sydney Turpentine Ironbark Forest (STIF) on site was considered. A letter from Council’s LVH landscape consultant (Attachment A2) advises that the number of STIF trees that make up a remnant of the forest is fifteen (15). The trees in question are mapped by the landscape consultant at (Attachment A3).

Following the April OMC, staff sought an update to the arborist’s report. When approached, staff were advised the consultancy was closed until end May 2023. A formal quote and time frame for producing the updated report is due late May. It is expected that the report would take in the order of one month to prepare after receipt of purchase order, and cost in the order of $3,000 to $5,000 plus GST.

It is expected that as part of a DA submission the consent authority would require the applicant to submit an Arboricultural Site Analysis current at the time of the application.

Flora and Fauna Assessment Report.

A Flora and Fauna Assessment Report (Attachment A4) was produced by an ecologist in July 2019 as a requirement of the Department of Planning, Industry and Environment (DPIE) in connection with the Lindfield Village Hub planning proposal. As such it was a public document exhibited on both the Council and DPIE websites during the planning proposal exhibition period. The report cited the Arboricultural Site Analysis as a reference document.

The purpose of the report was to support the Department’s consideration of the Planning Proposal for the site. The report identified the remnant of Sydney Turpentine Ironbark Forest (STIF) on site as ‘PCT 1281 vegetation zone 1’, where PCT stands for ‘Plant Community Type’.

Some quotes from the ecologists report are listed below:

(page iii) ‘A total of eight (8) ecosystem credits are required to offset 0.29 ha of unavoidable impacts to PCT 1281 vegetation zone 1 on the development site.’

(page iv) ‘Serious and Irreversible Impact (SAII) values have also been considered in this assessment…. …Given the small area of Sydney Turpentine Ironbark Forest to be cleared it is considered unlikely that the planning proposal would result in a SAII, however this will be determined by the consent authority during the development assessment phase.’

(page 48) Note that the BAM credit calculations were undertaken on 9 May 2019 when Sydney Turpentine Ironbark Forest was still listed as an Endangered Ecological Community. This community was relisted to a Critically Endangered Ecological Community on 31 May 2019. The BAM Calculator (BAMC) was accessed on 10 July 2019 to update the calculations in accordance with the new listing, however this new listing is currently not reflected in the BAMC. These calculations will therefore need to be updated at the development application stage.

At the time of the NM, staff sought an update to the report, but the ecologist advised they were booked up for some months in advance and could not commence work on it. After several enquiries the ecologist provided a quote / time frame to prepare a Bio Diversity Assessment Report (BDAR). The BDAR can be produced if Council require it at an estimated cost of $12,000 plus GST. The consultant has provided an indicative time frame of 7 to 8 weeks to complete the report from the receipt of Council’s purchase order. They advised that the earliest date they are able to commence the works is 19^th June 2023.

The time for staff to assimilate the updated ecologist report and provide a further update to Council would be additional to the above timeframes.

It is expected that as part of a DA submission the consent authority would require the applicant to submit an BDAR current at the time of the application.

Opportunities to relocate or use [trees] in any subsequent redevelopment of this site

Under the current proposal there are no opportunities to relocate or use trees in the redevelopment. The development proposal presented to Council and progressed over the years has always required clearing of the site.

Available options for environmental offsets

The ecologist has provided advice (Attachment A5) that the use ecosystem credits to offset 0.29ha of unavoidable impacts to PCT 1281 vegetation zone 1 remains a current and valid pathway for addressing its loss. They note that the eco system credit calculator has changed and that a different calculation of credits may apply at the time of development application.

The ecologist was asked to comment that assuming no change to the project design, are any other pathways available to offset that loss of PCT 1282.’ They replied ‘No. The Biodiversity Assessment Method (BAM) does not recognise other types of offset.’

Available options for reasonable restoration of the locally indigenous canopy onsite

The ecologist was asked that if the project developer were to plant selected STIF species (i) on structure and (ii) on streets surrounding the project site would that recreate part of the STIF and as a result of that planting would there likely be a reduction in the number of ecosystem credits required? They replied ‘No. Re-creating endangered ecological communities requires provision of understorey and midstory revegetation. Planting trees in planter boxes or as part of a landscaped solution does not re-create STIF. Despite this, planting of species associated with STIF should be encouraged and will provide amenity and habitat to some extent.’

In relation to the potential to plant STIF trees on the LVH park structure and in streets adjacent to the site, Council’s landscape architect advised (Attachment A2) that they agree ‘…that there are benefits to planting some STIF species as part of the development, including the provision of habitat, biodiversity and local character. However, planting STIF species as part of the urban LVH development does not re-create the STIF CEEF, which would require the provision of significant understorey and midstorey revegetation.’’

They further advised ‘The proposed street trees could be replaced with a range of the larger STIF species (e.g. Eucalytus and Syncarpia species) where they can be planted into deep soil areas that adequately support these larger trees. Smaller species such as Angophora costata, Corymbia gummifera, Glochidion ferdinandi could be used on structure with the suggested soil depths and volume provisions currently noted in the Preferred Proponent submission. Planting larger species such as most of the Eucalyptus trees and the Syncarpias on structure is not recommended as they would be more prone to uprooting in storm events and limb drop if not supported by deep soil zones.’

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P4.1 Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time. E1.1: Ku-ring-gai is an attractive location for business.	P4.1.1 Plans to revitalise local centres are being progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community (S&E). E1.1.3 Secure a development partner for Lindfield Village Hub (MPU).	P4.1.1.2Progress public domain streetscape plans for key local centre precincts such as Lindfield, Gordon and Turramurra. P4.1.1.5: Finalise Public Domain Plans for St Ives, Roseville, Lindfield and Pymble. P4.1.1.8 Integrate all transport modes for the primary local centres through the Public Domain Plan, traffic and transport studies in collaboration with Transport for NSW. E1.1.3.1: Progress negotiations with prospective developers for the Lindfield Village Hub.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P4.1

Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.

E1.1: Ku-ring-gai is an attractive location for business.

P4.1.1

Plans to revitalise local centres are being progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community (S&E).

E1.1.3 Secure a development partner for Lindfield Village Hub (MPU).

P4.1.1.2Progress public domain streetscape

plans for key local centre precincts such as Lindfield, Gordon and Turramurra.

P4.1.1.5: Finalise Public Domain Plans for St Ives,

Roseville, Lindfield and Pymble.

P4.1.1.8 Integrate all transport modes for the primary local centres through the Public Domain Plan, traffic and transport studies in collaboration with Transport for NSW.

E1.1.3.1: Progress negotiations with prospective developers for the Lindfield Village Hub.

Governance Matters

This report is prepared in response to NM1 of OMC 18 April 2023.

Risk Management

LVH risk profile updates are reported regularly via Audit, Risk and Improvement Committee (ARIC).

Financial Considerations

If the Council chooses to undertake the report updates, the cost of updating Arboricultural survey and report is estimated at $3,000 to $5,000 plus GST. The Biodiversity Assessment report update estimated costs are $12,000 plus GST.

Therefore the total cost is approximately $15,000 to $17,000 plus GST.

Social Considerations

The social objective of the Lindfield Village Hub project is to revitalise the western side of the Lindfield local centre through the provision of a mix of green public open space and community buildings including a library and community centre, underground car park, a town square, new housing, dining, and retail outlets.

These also result in some non-financial benefits, for example increased social interaction and increased local amenity.

Environmental Considerations

It is noted that the project will result in the clearing of 0.29ha of Sydney Turpentine-Ironbark Forest. The ecologist has advised that this could be offset through the ecosystem credit scheme. This will be determined by the consent authority during the development assessment phase

The following flora outcomes will be achieved for the project site and surrounding streets:

- When complete, the LVH project shall deliver a significant number of new trees, including mature trees.

- The design and construction of Drovers Way intends to retain the Tallowwood Tree on the southern boundary of the site.

- Existing trees to streets adjoining the site will be retained and any damaged trees will be treated or replaced with suitable trees. The new Drovers Way will be planted with new trees.

- The new Bent Street plaza will retain the existing trees where possible and be supplemented with additional trees to provide improved shade and amenity.

Community Consultation

Community consultation on four (4) design options for the site was undertaken in 2015. These alternative development scenarios were considered by the community and the consultation feedback was presented to Council. Council resolved on a design option that incorporated the current project elements, namely: Library and Community Centre, Park, Plaza, supermarket and shopping precinct, supported by basement carparking, and housing in the form of residential apartments. This design option required clearing and development of the whole of the site.

Internal Consultation

Internal consultation was undertaken via the Major Project Steering Committee.

Summary

In response to NM1 OMC April 2023, this report addresses the matters resolved and minuted, including through the provision of supporting consultant advice. Aboricultural and Flora and Fauna reports for the LVH site were prepared in 2015 and 2019 and are attached to this report for reference. Consultant proposals are now to hand outlining the time and cost required to update those reports, should Council wish to proceed.

Recommendation:

That:

A. Council receives and notes this report; and

B. Updates to the Arboricultural report and the Flora and Fauna report proceed as detailed in this report.

Geoff Douglas

Group Lead - Major Projects

Attachments:	A1	REPORT - Aboricultural Site Analysis - Footprint Green - Rev 2 - May 2019(2)	Excluded	2023/172359
	A2 ⇩	LETTER - Occulus - updated Tree advice 230523(2)		2023/172362
	A3 ⇩	MAP - Lindfield Hub Existing Trees_STIF trees(2)		2023/172368
	A4	REPORT - Flora and Fauna Report - EcoLogical(2)	Excluded	2023/172374
	A5 ⇩	LETTER - EcoLogical(2)		2023/172382

Ordinary Meeting of Council - 20 June 2023	GB.2 / 1

Item GB.2	S13780

Draft Social Media Policy

EXECUTIVE SUMMARY

purpose of report:	To provide Council with a draft Social Media Policy which has been developed by the Office of Local Government and adapted to suit Ku-ring-gai Council’s social media platforms.

background:	The Office of Local Government provided a final version of the model Social Media policy following extensive consultation with NSW Councils and government agencies. The model Social Media Policy reflects best practice, and whilst it is not mandatory, Councils are encouraged to adapt the policy to best suit their local circumstances and operating practices.

comments:	The draft Social Media Policy provides transparency to the community about how Council manages its social media platforms which include Facebook, Instagram, Twitter, LinkedIn, Youtube and Nextdoor. The policy also provides guidance for Councillors in establishing and managing their own Social Media platforms. The records management of social media is also referenced in the draft policy.

recommendation:	That the draft Social Media Policy be placed on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as attached to this report.

Purpose of Report

To provide Council with a draft Social Media Policy which has been developed by the Office of Local Government and adapted to suit Ku-ring-gai Council’s social media platforms.

Background

The Office of Local Government has provided a final version of a model Social Media Policy (Attachment A1)

The policy sets out an exemplar approach by incorporating examples of best practice from the social media policies of a diverse range of NSW Councils, as well as from government agencies.

Whilst not mandatory, the model Social Media Policy reflects best practice, and all Councils are encouraged to adapt the policy to best suit their local circumstances and operating environments, or to supplement it with their own provisions.

The draft Social Media Policy addresses the management of Council run pages and provides guidance for Councillors about the management of their own Councillor social media platforms. Council staff currently comply with a Staff Personal Use of Social Media Policy (Internal). The draft Social Media Policy does not replace the internal staff policy.

Comments

The draft Social Media Policy provides transparency to the community in how Council manages its social media platforms including:

Ø Facebook pages

Ø Instagram

Ø Twitter

Ø LinkedIn

Ø Youtube

Ø Nextdoor

In addition, it provides guidance for Councillors about the establishment and management of their own Councillor social media platforms. The records management of social media is also referenced in the draft policy.

Social media – opportunities and challenges (Information from the Draft Model Code)

Social media can be broadly defined as online platforms and applications - such as social networking sites, wikis, blogs, microblogs, video and audio sharing sites, and message boards - that allow people to easily publish, share and discuss content ^{^[1]}.

Significantly, one of social media’s key features is its unprecedented reach and accessibility, in that anyone with a computer or mobile device can use social media to generate content which has the potential to be viewed and shared by hundreds of millions of people worldwide.

Despite its obvious benefits, social media also presents a variety challenges and risks.

These include:

Ø the emergence of new, harmful forms of behaviour, such as cyber-bullying and trolling;

Ø maintaining the accuracy, reliability and integrity of information disseminated from multiple sources;

Ø organisations can be held liable for content uploaded onto their social media platforms by third parties^{^[2]};

Ø rapid innovation can make it difficult to keep pace with emerging technologies and trends.

In addition, potential corruption risks may arise due to social media use.

These include:

Ø customers, development proponents / objectors, tenderers, or other stakeholders grooming public officials by behaviours such as ‘liking’ specific posts, reposting content, or sending personal or private messages;

Ø public officials disclosing confidential or sensitive information;

Ø public agencies or officials promoting certain businesses by behaviours such as ‘following’ them, ‘liking’ content, or making comments, which may result in those businesses being favoured over others.

integrated planning and reporting

Leadership

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1: An informed and engaged community with enhanced collaboration, participation and decision-making.	L3.1.1: Residents and ratepayers are more informed, involved and valued through expanded and innovative communications.	L3.1.1.2: Apply innovative ways to promoting services, programs, policies and achievements across all media and monitor outcomes.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: An informed and engaged community with enhanced collaboration, participation and decision-making.

L3.1.1: Residents and ratepayers are more informed, involved and valued through expanded and innovative communications.

L3.1.1.2: Apply innovative ways to promoting services, programs, policies and achievements across all media and monitor outcomes.

Governance Matters

The development of a Social Media Policy provides a governance framework for dealing with and managing social media.

Risk Management

Inappropriate use of social media has potential to result in a number of risks for Council including reputational risk.

Financial Considerations

There are no financial considerations associated with this report.

Social Considerations

Online interactive communication is now the most popular and influential way of communicating.

Environmental Considerations

There are no environmental considerations associated with this report.

Community Consultation

The draft Social Media Policy will be placed on public exhibition for a period of 28 days and the community will be encouraged to provide comments.

Internal Consultation

Councillors were briefed on the draft Social Media Policy at a workshop in February 2023. Staff have been consulted on this policy and it has been approved by the General Manager and Directors (GMD).

Summary

The Office of Local Government has provided a final version of a model Social Media Policy following extensive consultation with NSW Councils and government agencies.

The model Social Media Policy reflects best practice, and whilst it is not mandatory, Councils are encouraged to adapt the policy to best suit their local circumstances and operating practices.

The policy also provides guidance for Councillors in establishing and managing their own Social Media platforms. The records management of social media is also referenced in the draft policy.

Recommendation:

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Attachments:

A1⇩

Draft Social Media Policy 25May2023

2023/173665

Ordinary Meeting of Council - 20 June 2023	GB.3 / 1

Item GB.3	FY00623/5

Investment Report as at May 2023

EXECUTIVE SUMMARY

purpose of report:	To present Council’s investment portfolio performance for May 2023.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2021 and Council’s Investment Policy.

comments:	The net return on investments for the financial year ended May 2023 was $6,173,000, against the revised budget of $4,585,000 giving a year-to-date favourable variance of $1,588,000.

recommendation: (Refer to the full Recommendation at the end of this report)	That the summary of investments performance for May 2023 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 May 2023.

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 Revised Budget

The net return on investments for the financial year to 26 May 2023 was $6,173,000 against the revised budget of $4,585,000 giving a year-to-date favourable variance of $1,588,000 as shown in the table below. A budget increase of $1,200,000 has been adopted as part of the March 2023 Quarterly Budget Review to Council. The favourable variance is mainly due to higher interest rates than budgeted and a larger than forecast investments portfolio.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio as at 26 May 2023 was $212,256,000 compared to $221,041,000 at the end of April 2023, a net cash outflow of $8,785,000 which was mainly due to creditor payments.

Three investments have matured and three new investments were made during May 2023.

Investment Performance against Industry Benchmark

Overall during the month of May 2023, the investment performance 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 May 2023

* Weighted average returns.

** Funds in at-call/short term accounts are working funds kept for the purpose of meeting short term cash outflows. 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. The closing balance of Westpac Bank Deposit Max-I Investment as at 26 May 2023 includes $4.5M creditor payments payable on 31 May 2023.

*** Market Values as at 31 May 2023 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 revised budget for interest on investments for the financial year 2022/2023 is $5,682,100. Of this amount approximately $3,517,400 is restricted for the benefit of future expenditure relating to development contributions, $841,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $1,323,300 is available for operations.

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 26 May 2023:

· Council’s total cash and investment portfolio is $212,256,000.

· The net return on investments for the financial year to 26 May 2023 was $6,173,000 against the revised budget of $4,585,000 giving a year-to-date favourable variance of $1,588,000 as shown in the table below. A budget increase of $1,200,000 has been adopted as part of the March 2023 Quarterly Budget Review to Council. The favourable variance is mainly due to higher interest rates than budgeted and a larger than forecast investments portfolio.

Recommendation:

That:

A. The summary of investments and performance for May 2023 received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Ordinary Meeting of Council - 20 June 2023	GB.4 / 1

Item GB.4	CY00473/10

Councillor Interaction with Staff and Access to Information Policy

EXECUTIVE SUMMARY

purpose of report:	To adopt a new Councillor Interaction with Staff and Access to Information Policy, including records management requirements and supporting procedures to manage requests for information and advice.

background:	The Office of Local Government (OLG) released a Model Councillor and Staff Interaction Policy in April 2022. The model policy is not mandatory, and councils are free to choose whether to use or adapt it. If adopted, the policy would supplement Council’s Code of Conduct.

comments:	Council staff have drafted a new policy to incorporate content from the OLG’s model code, references to State records, information access (GIPA) and privacy obligations, and the Code of Conduct.

recommendation:	That Council adopt the attached Councillor Interaction with Staff and Access to Information Policy (Attachment B).

Purpose of Report

To adopt a new Councillor Interaction with Staff and Access to Information Policy, including records management requirements and supporting procedures to manage requests for information and advice.

Background

The current version of Council’s policy was prepared in 2020 to merge the previous ‘Councillor Access to Information and Interaction with Staff Policy’ with the ‘Records Management for Councillors Policy’. This revision also involved streamlining content and reducing duplication across the two policies and the Code of Conduct. Council resolved to adopt the policy (subject to feedback from public exhibition) in June 2020 (ref: GB.5).

The Office of Local Government (OLG) released a Model Councillor and Staff Interaction Policy in April 2022. A copy of the model policy is at Attachment A. The model policy is not mandatory, and councils are free to choose whether to use or adapt it. If adopted, the policy would supplement Council’s Code of Conduct.

Comments

Council staff have prepared a new draft policy (see Attachment B), which includes:

· new and simplified introduction, statements of scope and objectives (adapted from the model code)

· new content reinforcing of the roles of Councillors and the General Manager as they relate to providing direction to staff (adapted from the model code)

· duties under the State Records Act 1998, Government Information (Public Access) Act 2009, Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002.

· provisions from the Code of Conduct directly relevant to Councillor / staff interactions and access to information (omitted from the previous version) so that it can be read and understood as a standalone policy

· clearer definitions of the types of information that Councillors may seek from Council, and types of information that may be refused (adapted from the model code)

· new expectations on Council staff in responding to Councillor requests for information

· inclusion of contact officers authorised by the General Manager as an appendix (not for public release).

The draft also details the procedures for councillors requesting information, advice or support from Council staff, and councillors’ records management responsibilities (adapted from the sample records management policy and procedures for Councillors (NSW State Records). These and other sections that have been added or amended from the model policy are highlighted in yellow in the draft.

Council is a ‘public office’ under the State Records Act, and information created, sent and received by Councillors in an official capacity is a Council record. The new draft policy clarifies the recordkeeping responsibilities of councillors and the secure Councillor Records drop box service supporting councillors to comply with recordkeeping duties.

integrated planning and reporting

Theme 6: Leadership

Good Governance and Management

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Tasks
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. L4.1.2.3: Ensure appropriate management of Council information to effectively support public access and protect privacy rights in line with legislation, codes and guidelines. L4.1.2.4: Ensure Council fulfils its obligations under the Local Government Act, and relevant NSW and Commonwealth legislation, guidelines and circulars.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan Tasks

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.

L4.1.2.3: Ensure appropriate management of Council

information to effectively support public access and protect

privacy rights in line with legislation, codes and guidelines.

L4.1.2.4: Ensure Council fulfils its obligations under the

Local Government Act, and relevant NSW and

Commonwealth legislation, guidelines and circulars.

Governance Matters

This policy supports the statutory roles and duties of Councillors and the General Manager set out in the Local Government Act 1998. Section 335 of the Act requires the General Manager to ensure “the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their functions”. The policy also reinforces and supports duties under the State Records Act 1998, Government Information (Public Access) Act 2009, Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002.

Risk Management

This policy and its procedures aim to address risks relating to breaches of Council’s statutory requirements and Code of Conduct, inappropriate Councillor / staff interactions, staff providing poor quality or ad hoc advice to Councillors without recording the interaction, and breaches of privacy or confidentiality.

Financial Considerations

No significant financial impact.

Summary

The new Councillor Interaction with Staff and Access to Information Policy (see Attachment B) incorporates content from the OLG’s model code, references to State records, information access (GIPA) and privacy obligations and the Code of Conduct.

Recommendation:

That Council adopt the attached Councillor Interaction with Staff and Access to Information Policy (Attachment B).

Christopher M Jones

Manager Governance & Corporate Strategy

Attachments:	A1	Model Councillor Interaction with Staff and Access to Information Policy (NSW OLG)	Excluded	2022/170416
	A2	Draft Councillor Interaction with Staff and Access to Information Policy		Confidential
	A3⇩	Draft Councillor Interaction with Staff and Access to Information Policy (Redacted)		2023/142595

Ordinary Meeting of Council - 20 June 2023	GB.5 / 1

Item GB.5	EM00041/11
	12 May 2023

Mayor and Councillor Fees - 2023/2024 Local Government Remuneration Tribunal Determination

EXECUTIVE SUMMARY

+purpose of report:	To determine the mayor and councillor fees for the 2023/24 financial year.

background:	Section 241 of the Local Government Act 1993 (the Act) requires that the Local Government Remuneration Tribunal determine the minimum and maximum amount of fees to be paid to mayors and councillors of NSW Councils annually.

comments:	The Local Government Remuneration Tribunal has released its annual review of the minimum and maximum fees that apply to Mayors and Councillors for 2023/24 [Attachment A1]. The Tribunal has determined that Ku-ring-gai Council falls into the “Metropolitan Medium” category, and a 3% increase in the minimum and maximum fees applicable to this category.

recommendation:	That effective 1 July 2023: A. The annual Councillor fee be set at $27,650; and B. The annual Mayoral fee be set at $73,440, in addition to the Councillor fee.

Purpose of Report

To determine the mayor and councillor fees for the 2023/24 financial year.

Background

The Local Government Act 1993 requires the Local Government Remuneration Tribunal to report to the Minister for Local Government each year on its determination of categories of councils and the maximum and minimum amounts of fees to be paid to mayors and councillors.

Section 239 of the Act requires the Tribunal to determine the categories of councils and mayoral offices at least once every 3 years. The Tribunal last undertook a significant review of the categories and the allocation of councils into each of those categories in 2020.

Section 241 of the Act provides that the Tribunal determine the maximum and minimum amount of fees to be paid to mayors and councillors of councils for each of the categories determined under section 239.

Comments

The Tribunal has released its annual review of the minimum and maximum fees that apply to mayors and councillors for 2023/24 [Attachment A1].

For its 2023 review, the Tribunal undertook an examination of the categories, criteria and allocation of councils into each of the categories. Ku-ring-gai Council’s classification of “Metropolitan Medium” has not changed as a result of this review.

The Tribunal has determined a 3% increase in the minimum and maximum fees applicable to each existing category. The minimum and maximum fees for the Ku-ring-gai Council mayor and councillors have been determined as follows:

Category	Councillor Annual Fee		Mayor Additional Fee
Category	Minimum	Maximum	Minimum	Maximum
Metropolitan Medium	$14,810	$27,650	$31,470	$73,440

In December 2022, following the adoption of a Mayoral Minute (MM.1, resolution 268, 13 December 2022), Council made a submission to the Tribunal relating to the current remuneration principles, structure and the potential impacts of these constraints.

This submission has been acknowledged by the Tribunal. It noted that he issues raised were worthy of further consideration but were outside of the scope of the Tribunal’s statutory functions.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council’s governance framework is developed to ensure probity and transparency.

Ensure Council fulfils its obligations under the local Government Act and relevant NSW and Commonwealth legislation, guidelines and circulars.

Governance Matters

The Determination of the Local Government Remuneration Tribunal is made in accordance with sections 239 and 241 of the Act. Under section 248 of the Act, Council must either fix an annual fee in accordance with the appropriate determination of the Remuneration Tribunal, or pay the appropriate minimum fee determined by the Remuneration Tribunal.

Risk Management

Should Council decide not to accept the annual fee payable to the mayor and councillors there is some risk that Council is unable to attract quality candidates at local government elections as a result of low remuneration levels.

Financial Considerations

Ku-ring-gai Council’s current annual fees are $26,840 per councillor and an additional $71,300 for the mayor. These figures are the maximum amounts set by the Tribunal. An amount of $355,100 has been provided in the 2023/24 budget for mayor and councillor fees which is sufficient to cover the proposed councillor and mayoral fees. An additional $39,100 has been provided for councillor and mayoral superannuation, following changes to Act in May 2021 and resolution of Council in February 2022 (ref: GB.10).

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

The Local Government Remuneration Tribunal determines the minimum and maximum amount of fees to be paid to mayors and councillors.

The Tribunal has released its annual review of the minimum and maximum fees that apply to mayors and councillors for 2023/24 [Attachment A1]. The maximum fees for Ku-ring-gai Councillors and Mayor have been determined as $27,650 and $73,440 respectively.

Category	Councillor Annual Fee		Mayor Additional Fee
Category	Minimum	Maximum	Minimum	Maximum
Metropolitan Medium	$14,810	$27,650	$31,470	$73,440

Recommendation:

That effective 1 July 2023:

A. The annual councillor fee be set at $27,650; and

B. The annual mayoral fee be set at $73,440, in addition to the councillor fee.

Melinda Aitkenhead

Senior Governance Officer

Attachments:

2023 Annual Determination - Local Government Remuneration Tribunal

Excluded

2023/158388

Ordinary Meeting of Council - 20 June 2023	GB.8 / 1

Item GB.8	S13733

Streets as Shared Spaces Grant - Try Turramurra Completion Report

EXECUTIVE SUMMARY

purpose of report:	To provide Council with a summary of the outcomes from the Streets as Shared Spaces Round II activations in Turramurra.

background:	Council received funding in 2022 from the NSW Government to the value of $500,000 through the Street as Shared Spaces Program Round II as described in the previous reports to the Ordinary Meeting of Council dated 24 May 2022, and 28 June 2022.

comments:	Activations installed as part of the grant including artworks, planting, a raised pedestrian crossing and three events in Turramurra were all well received by the residents and businesses with requests to repeat the community festival and to retain some of the planters.

recommendation:	That the report on the outcomes of the Streets as Shared Spaces Round II activations in Turramurra be received and noted.

Purpose of Report

To provide Council with a summary of the outcomes from the Streets as Shared Spaces Round II activations in Turramurra.

Background

In 2022, Council received funding from the NSW Government to the value of $500,000 through the Street as Shared Spaces Program Round II (SaSS), as described in the previous reports to the Ordinary Meeting of Council dated 24 May 2022, and 28 June 2022. Turramurra local centre was selected following lack of support for the funding in Roseville. The funding agreement required most of the installations to be in place by November 2022.

The SaSS program aims to support Councils in delivering trials that test permanent changes that strengthen the amenity, accessibility and economic vitality of a high street and surrounding area, taking a place-based approach. The objectives of the program were to:

· provide more and better public space that improves walkability and connection, enables day and night activity and increases footfall;

· drive collaboration and partnerships between local government and another sector, whether public, private, civic or community, taking a place-based approach; and

· enable long-term changes through trialling innovative and creative approaches, partnerships and engagement.

Figure 1: Artwork in laneway beside 21 Rohini Street

Comments

Project description

The aim of the SaSS activation in Turramurra was to improve the amenity of the shopping precinct through the creation of trails that linked separate sectors of the centre, incorporating public art and planting themed around edible food. The trail was created through artworks painted on footpaths and planting in planters marking the route. The trail extended from Stonex Lane to Pacific Highway, William Street, Rohini Street, Eastern Road and Gilroy Road, with micro art installations scattered around the centre (refer Figure 5). These art installations are interactive (refer Figures 2 and 6) to encourage visitors to linger longer and they add colour and vibrancy to Turramurra.

Figure 2: Artwork outside Lifestart building, Cameron Park

To improve pedestrian safety for those accessing the station and along the trail, a new raised pedestrian crossing was installed in William Street. This crossing is consistent with the upgrades proposed in the adopted Turramurra Public Domain Plan.

To draw people to the centre, three pop-up events were held- a Movie Night (refer Figure 3), a music night (Summer Sounds) and a community fair / festival (Try Turramurra Festival).

Participants at the first two events were encouraged to purchase food from the various local food outlets in Turramurra and enter a draw for gift vouchers valued at $100 each. Three vouchers each were drawn at the Movie Night and at the Summer Sounds events. Other businesses and services available within Turramurra were also promoted as part of the events. Nine businesses participated in the voucher giveaway and agreed to honour vouchers presented. These ranged from wine bar to florist and optometrist. These businesses were listed on the voucher and promoted during the events.

Figure 3: Movie Night, Cameron Park

The third event - Try Turramurra Festival, provided an opportunity for small and niche businesses to be exposed to the community. The festival also offered opportunities for community groups to put on performances and displays, promoting their activities to local residents. The feedback received from residents, community groups and businesses were very positive with many requesting repeat community events across the LGA to allow for their members to reach local audiences.

Several businesses were partners in the activation however, none were actively involved throughout the entire project. The main partnerships were developed primarily through the three events held, particularly the festival. Numerous community groups and businesses in and around Turramurra were keen to be involved in the festival, however limited space in Cameron Park placed a restriction on the number of stalls that could be made available.

As a result of the Try Turramurra activation, relationships between key businesses in Turramurra and Council improved.

Despite the tight time frames, the project was successfully delivered with the assistance of Council staff across various Departments and teams.

Figure 4: Community Festival, Cameron Park

Community Feedback

The installation of the artworks and planting prompted positive reactions from the community through social media. Images were posted and comments made on Facebook Local Community pages as well as some on Council’s Facebook page. Council received a few direct emails about the activation, and many in person compliments to Council staff when on site.

The community felt the artworks and planting lifted the mood of the centre where not much has changed for many years. Comments regarding how much better Turramurra looked with the planting and artworks were often heard. Some businesses were so pleased with the planting, they are willing to take responsibility to maintain them on an ongoing basis.

Feedback from the events were positive, particularly the festival. Festival goers were encouraged to complete a survey to be eligible to win one of the “Speed Art” works produced on the day. A summary of the 45 survey responses received has been provided in Attachment 1.

The trial tested Cameron Park as an event venue (refer Figures 4 and 7). This proved successful and is consistent with the investment made by Council in the extension of Cameron Park and the location of the site. Attendees at the events expressed their gratitude to Council staff at the events with requests from the public, businesses and community groups to have events like the festival repeated.

Figure 5: One of the many mischievous lorikeet artworks, Turramurra Railway Gardens

Increased Visitation

To determine the success of the installations, footfall counts were taken before and during the activation period. The day-time pedestrian count increased 100% in both locations where counts were taken. In both locations, artworks have been installed. The artworks may have been responsible for the increase in foot traffic, though this is not conclusive. Holicrop Café, situated in the laneway with a large artwork installed (Refer Figure 1) had notable increased patronage. It is assumed that the artwork emphasised the location of the tucked away cafe. Holicrop Café have felt a particular increase in patronage. Night-time pedestrian traffic did not show much change. The cafe is not open after 3pm.

Some businesses have advised of increased patronage as a result of artwork installations and the festival. Artworks have drawn people to locations where they have been installed and have drawn attention to the adjoining businesses. Kiplings advised of increased patronage during the Try Turramurra Festival.

Figure 6: Cockatoo Artworks Turramurra Station entry

integrated planning and reporting

P4: Revitalising our centres

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P4.1: Our centres offer a broad range of shops and services and contain lively and shaded urban

village spaces and places where people can live, work, shop, meet and spend leisure time.

P4.1.1: Plans to revitalise local centres are progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community.

P4.1.1.3: Actively engage with residents, key agencies, landholders, businesses and other

stakeholders to assist with the delivery of the streetscape projects.

Governance Matters

The activations around Turramurra local centre aligns with the long-term objectives of the Community Strategic Plan (P4.1) to enliven centres and with the Turramurra Public Domain Plan to include public art in public spaces, and the raised pedestrian crossing on William Street.

Risk Management

Risks assessments were carried out prior to each event to ensure staff, contractors and the community did not face any unnecessary risks. All events we successfully held without incident.

Financial Considerations

The activation works were fully funded by the SaSS Grant. Some funding remains unspent, and a variation request has been made to the Department of Planning to allow this funding to be spent for lighting to the pedestrian crossing on William Street as well as lighting to other crossing points within the centre.

Figure 7: Watching entertainment at Community Festival, Cameron Park

Social Considerations

The streetscape activations were installed for the benefit of the community – businesses and residents. The events held brought the community together in a public space to enjoy a movie, musicians or to participate in a festival. Many smiles and interactions were observed. Where possible, local entertainers and suppliers were used to support local businesses. The activations and events made a positive contribution on the local community’s quality of life.

The SaSS trial has helped Council staff understand the local business’s enthusiasm for upgrades to the centre and their interest on helping Council achieve it.

Environmental Considerations

To ensure the re-use of materials, the planters used for the project were planters that have been used for the Spring Flowers displays and stored in the Council Depot. The plant species used in the activation were mostly edible plants to demonstrate how edible plants could be ornamental as well as functional and hardy. Approximately 80% of the plants were in good condition by the end of the trial. Watering had been carried out twice a week using a maintenance contractor with a water truck. At the completion of the project the planters have been removed due to the end of funding to carry on the maintenance of the plants. Most of the plants have been removed and collected by Plant Rescue volunteers for re-use in their charitable projects.

Some planters will remain in place following requests from adjoining businesses and pledges to maintain the planting (refer Figure 8).

Figure 8: Planting at corner of Rohini Street and Eastern Road.

Community Consultation

Before the trial, a meeting was held with key representatives from the local businesses to discuss the proposed activation and to gauge their interest or support for the Trial. Businesses and other stakeholders were informed of the proposed artwork sites, the installation of planter boxes and the new pedestrian crossing. All local businesses were encouraged to be involved in the activation by promoting the events or partnering with Council when the events were being planned. The activation was advertised to the community through newsletters, social media, letterbox drops to 2500 homes as well as printed media and Council's website.

Internal Consultation

Various staff members across Council Departments were consulted from the early stages of the grant submission and site selection or contributed through to the delivery of the project. These staff members were regularly updated throughout the design and delivery phase of the activation.

Summary

Council received $500,000 in grant funding through the Street as Shared Spaces Round II program from the NSW Government. The funding was for the delivery of activation programs to increase visitation to the local centre of Turramurra and to “provide more and better public space that improves walkability and connection … and increases footfall”.

Activations installed as part of the grant included artworks, planting, a raised pedestrian crossing and three events in Turramurra. These were all well received by the residents and businesses. As a result of the project:

1) walking to the station from Pacific Highway is now safer due to the new raised pedestrian crossing in William Street;

2) the streets have some colour and vibrancy due to the public art, not found anywhere else in Ku-ring-gai;

3) some planters will be retained following requests from some businesses; and

4) the events proved successful with numerous requests to repeat council run community focused events like Try Turramurra that will bring the people together and provide opportunities for community groups to perform and promote their activities

Count of pedestrian movement in the centre found a 100% increase in footfall during the activation compared to before the installations.

Despite the tight time frames, the project was successfully delivered with the assistance of Council staff across various Departments and teams.

The project could not have occurred without NSW Government funding and the opportunity to trial the installations as well as install some permanent infrastructure that benefits the community.

Recommendation:

That the report on the outcomes of the Streets as Shared Spaces Round II activations in Turramurra be received and noted.

Maria Rigoli

Public Domain Co-ordinator – Local Centres

William Adames

Community & Business Engagement Co-ordinator

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Try Turramurra Festival - summary of survey responses

2023/118683

Ordinary Meeting of Council - 20 June 2023	GB.10 / 1

Item GB.10	S13723

Ku-ring-gai Development Control Plan Housekeeping Review

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the review and amendment of the Ku-ring-gai Development Control Plan for public exhibition.

background:	The Ku-ring-gai Development Control Plan (KDCP) is a guideline document that contains objectives and controls that provide more detailed guidance to facilitate development permissible within the Ku-ring-gai Local Environmental Plan 2015, which governs planning within Ku-ring-gai. The current review has been triggered by changes to planning legislation and State policy, and by Council staff feedback on the clarity, accuracy and development outcomes of the existing content, including defence in the NSW Land & Environment Court.

comments:	The KDCP housekeeping review commenced in May 2022. It is focused only on limited parts of the DCP that require immediate attention as they conflict with State policy and legislation, or are discordant with various Council operations. The KDCP review methodology has included: i. desktop research to check against current legislation, policies, standards, guidelines and mapping; ii. site visits to consider development outcomes and check site status; and iii. meetings and cross-Council workshops with development assessment, compliance, operations, sustainability, strategic planning and community staff. The review recommends amendment to the KDCP to: · update and bring Council’s development policy in line with recent legislative changes, new guidelines and current practice; · improve accuracy, clarity, and better delivery outcomes for development across Ku-ring-gai LGA; and · to facilitate its use by both the public and by Council’s assessment officers and align with Council’s operations.

recommendation:	That the draft Ku-ring-gai Development Control Plan amendment be placed on public exhibition.

Purpose of Report

For Council to consider the review and amendment of the Ku-ring-gai Development Control Plan for public exhibition.

Background

The Ku-ring-gai Development Control Plan (DCP):

· is a guideline document that facilitates development by providing objectives and controls for all development that requires development consent under Part 4 of the Environmental Planning and Assessment Act 1979; and

· gives effect to the aims and land use objectives of the statutory Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015), which governs planning within the Ku-ring-gai local government area.

If there is any inconsistency between the DCP and the KLEP 2015, the KLEP 2015 will prevail.

On 25 August 2020 Council adopted the Ku-ring-gai Development Control Plan. Since then, five amendments have been made as per the below table. The previous amendments mainly included new controls to ensure good development outcomes on specific sites. This proposed amendment will be Amendment No.6.

Ku-ring-gai Development Control Plan - Schedule of Amendments
No.	Effective Date	Amendment
1	27 August 2021	General housekeeping amendments to correct, clarify and strengthen controls.
2	01 October 2021	New Part 14L - part 62 and 64-66 Pacific Highway, Roseville
3	23 May 2022	Revised Part 14E/14E.11 - Lindfield Hub
4	05 October 2022	New Part 14M - 47 Warrane Road, Roseville Chase
5	03 March 2023	New Part 14N - 8a, 14, 16 Buckingham Road, Killara

The current housekeeping review has been triggered by changes to planning legislation, State policy, staff feedback on the clarity and accuracy of the existing content, development outcomes including their defence in dispute and in the NSW Land and Environment Court.

Comments

Overview

The Ku-ring-gai Development Control Plan (KDCP) housekeeping review commenced in May 2022. It focused only on limited Parts of the KDCP that require immediate attention as they:

1. conflict with recent updates and amendments to legislation, Australian Standards, state and local policies, guidelines and practice; and

2. have been raised, pre-dominantly by Council staff, as they do not facilitate aligned outcomes across various Council operations and processes.

The review has resulted in proposed amendment to the Ku-ring-gai Development Control Plan as describes in the Table of Amendments at Attachment A1.

Two supporting documents have also been reviewed as they are referenced in the KDCP:

· The Ku-ring-gai Council Technical Guideline for Water Management (Attachment A2) now includes content transferred from the KDCP Part 24 Water Management. This Guideline provides consistency with references utilised in other operational parts of Council.

· The Ku-ring-gai Council Tree Replacement Planting List (Attachment A3), referred to in the KDCP, has also been updated to include references to species preferred in bushfire prone areas.

Aim of the Review

The aim of the review has been to:

· check if the KDCP is current and accurate;

· ensure alignment with recent changes in legislation, State policies, State guidelines and Australian Standards;

· deliver better development outcomes and support Council’s position in any Land and Environment Court challenge;

· improve alignment with other Council policies, guidelines and operational practices;

· clarify controls, strengthen their objectives and correct inconsistencies and errors; and

· to facilitate its use by both the public and by Council’s assessment and compliance officers.

Methodology

The review has included the following key information gathering and decision-making processes:

Desktop analysis:

o to correct general errors, inconsistencies, formatting and referencing; and

o to check content against current state and national legislation, policies, guidelines, standards and mapping.

The desktop analysis identified multiple items for the housekeeping update including:

· references to state government’s renamed land-use zones and State planning policies;

· corrections of spelling/grammar, cross-references, inconsistencies, formatting, omissions, clarifications and refences to external documents and sites;

· general rewording to improve syntax, replacement of ambiguous diagrams and photos;

· reconfiguration of certain sections of the KDCP to improve its useability; and

· identification of other documents associated with the KDCP that required update.

The desktop review has resulted in draft amendments that are detailed at Attachment A1.

Site investigations:

o to review development resulting from existing controls and inform best practice; and

o to verify site specific information arising from other planning proposals or feedback.

Targeted site visits both within and outside the Ku-ring-gai area were conducted to consider comments on poor development outcomes and best practice standards. Sites visited included :

· high density residential flat buildings and mixed-use buildings to look at site development outcomes;

· medium-density multi-unit buildings to look at quality of internal communal open space and access;

· childcare centres to understand issues of parking, landscaping and privacy to neighbouring properties; and

· 74c Burns Road, Wahroonga to investigate disputed tree mapping.

The site visits have informed the cross-Council meetings and workshops, and the resulting draft amendments that are detailed at Attachment A1.

Cross-Council meetings and workshops:

o to consider issues and make decision on alignment of development controls with Council’s operational requirements; and

o to improve useability, clarity and defence of the controls in Council’s assessment and compliance processes and achieve quality sustainable development within Ku-ring-gai.

Multiple sessions were conducted across Council to:

· consider the findings from the desk-top research and site visits;

· debate the issues raised by Council staff, particularly those issues where different sections of Council had conflicting viewpoints; and

· evaluate the effectiveness of the KDCP, particularly in areas where controls were not delivering intended outcomes or were not supporting other Council processes.

A synopsis of the extent of cross-Council discussion, meetings and workshops held to deliver agreement of the proposed housekeeping amendment is provided in the below table:

STRATEGY AND ENVIRONMENT

Urban Planning and Urban Design

Strategic Planners

Heritage Experts

Transport Planner

Contributions Planner

Landscape Architects

Urban Designers

Public Domain Specialist

Sustainability and Environment

Natural Area Officers

Strategic Bushfire Experts

Energy Management Officers

DEVELOPMENT AND REGULATION

Development Assessment

Assessment Planners

Heritage Experts

Development Engineers

Landscape Architects

Ecological Experts

Regulation and Compliance

Rangers and Regulation Officers

Compliance Officers

Building Inspector

Environmental Health Officers

OPERATIONS

Tree Management Officer

Waste Investigations Officers

Drainage Engineer

COMMUNITY

Community Development Officers

Disability and Accessibility Officer

Family Day Care Officer

CIVIC

Corporate Lawyer

CORPORATE

Land Information and GIS Officer

External Consultants

Three phone interviews were conducted with external specialist consultants to understand changes to industry standards, and how best to ensure the KDCP remained current in those fields. This information was tabled and discussed in the cross-Council workshops. The consultations included:

· Green Building Council of Australia –updates to sustainable building requirements in the KDCP Part 23.2: Green Buildings.

· Access Institute – updates to accessibility requirements for ageing and disabled people in Part 6: Multi-dwelling Housing, Part 7: Residential Flat Buildings, Part 8: Mixed-use Development.

· Studio Zanardo – requirements of the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development and SEPP (Educational Establishments and Childcare Facilities) 2017 to update Part 7: Residential Flat Buildings, Part 8: Mixed-use Development, Part 10: Child Care Centres.

The Cross-Council workshops delivered agreed amendments that would:

1. Support the various operations across Council without conflicting with the KLEP 2015 and other legislative and policy frameworks.

2. Reduce the burden of both cross-Council and citizen dispute and enquiry.

3. Clarify development requirements and improve built form outcomes.

The proposed amendments are detailed in the Table of Amendments at Attachment A1.

Proposed amendments to the KDCP

This housekeeping review is limited only to certain Parts of the DCP that require immediate attention as they conflict with State policy and legislation, and are creating obstacles for improved outcomes in various sections of Council’s work.

General minor amendments that do not alter the content or intent of the KDCP are proposed throughout the document. They include:

· Updated references to relevant legislation, environmental planning instruments, Australian Standards and related terms and definitions.

· Corrections of spelling/grammar, cross-references, inconsistencies, formatting, updated photos, general rewording to improve syntax, omissions, clarifications and refences to external documents and sites.

· Reformatting and movement of parts of the KDCP to locations that improve its legibility.

The review of the KDCP has resulted in the key proposed revisions listed below. The detailed record of these amendments are provided in the Table of Amendments at Attachment A1.

Part 1B: Dictionary

The amendments to this Part are as follows:

· Amendments and inclusion of additional definitions and abbreviations to reflect aligned legislation and standards, and to clarify the use of those terms in the KDCP.

Part 3: Land Consolidation and Subdivision

Key amendments to this Part are as follows:

· Inclusion of reference to Planning for Bush Fire Protection 2019 to prompt applicants to consider landscaping controls for sites on bush fire prone land.

Part 4: Dwelling Houses

Key amendments to this Part are as follows:

· Clarification on setbacks on battle-axe blocks and front setback built-upon area to avoid poor outcomes that impact neighbouring dwellings and the streetscape.

· To strengthen requirements for limited parking provision by stating maximum provision for garage/carport parking.

· Improvement of excavation and basement controls to reduce excessive excavation and ensure optimal landscape and deep soil provisions to retain Ku-ring-gai’s character of buildings in a garden setting.

· Inclusion of further tree and landscape related controls to improve protection, distribution and planting styles.

· Clarification of controls, including setbacks to pool areas, and alignment of controls with pool protection standards of AS 1926 Swimming Pool Safety.

Part 6: Multi-dwelling Housing

Key amendments to this Part are as follows:

· Clarification of multi-dwelling layouts on sites with different street frontages to facilitate improved site planning of smaller sites.

· Controls that strengthen and deter over provision of car spaces by including it in the development’s gross floor area calculation

· Clarification of setbacks, landscaping, private open space, parking provisions, fencing requirements within the site and to boundaries.

· Inclusion of provisions that will enable emerging modes of transport to be accommodated, such as electric vehicles and bicycles.

· Improved consideration of the air quality, ventilation and amenity of the dwelling’s internal environment.

· Controls to ensure provision of paths and routes within the site that facilitate easy access into dwellings for elderly and disabled people, and to enable ageing in place.

Part 7: Residential Flat Buildings

Key amendments to this Part are as follows:

· Clarification and strengthening of parking provisions, including provisions that will enable emerging modes of transport to be accommodated, such as electric vehicles and bicycles.

· Controls that strengthen and deter over provision of car spaces by including it in the development’s gross floor area calculation.

· Controls to ensure provision of paths and routes within the site that facilitate easy access into dwellings for elderly and disabled people, and to enable ageing in place.

· Referral to other sections of the KDCP that augment balcony controls for residential flat buildings.

· Controls to improve streetscape frontages and ensure waste storage and collection requirements are clear.

Part 8: Mixed-use Development

Key amendments to this Part are as follows:

· Clarification of parking provisions, including provisions that will enable emerging modes of transport to be accommodated, such as electric vehicles and bicycles.

· Controls that strengthen and deter over provision of car spaces by including it in the development’s gross floor area calculation.

· Controls to ensure provision of paths and routes within the site that facilitate easy access into dwellings for elderly and disabled people, and to enable ageing in place.

· Improving the objectives and controls regarding building presentation to the streetscape and façade articulation, including on corner sites.

· To clarify and improve requirements for articulated facades that contribute to the character of the urban streetscape.

Part 9 – Non-Residential and Office Buildings

Key amendments to this Part are as follows:

· Clarification of the KDCP setback requirements for non-residential buildings and the non-residential components of mixed-use buildings.

· Controls that strengthen and deter over provision of car spaces by including it in the development’s gross floor area calculation.

· Clarification of parking provisions, including provisions that will enable emerging modes of transport to be accommodated, such as electric vehicles and bicycles.

Part 10 – Child Care Centres

Key amendments to this Part are as follows:

· Re-configuration and amendment to align with updated State Government policy:

o State Environmental Planning Policy (Transport and Infrastructure) 2021 (SEPP); and

o Child Care Planning Guideline - Delivering quality child care for NSW, August 2017 (Guideline).

· Removal of all controls now stated in the SEPP and Guideline as those documents take precedent over the KDCP.

· Amendments to improve controls for deep soil landscaping, streetscape presentation, neighbour amenity and on-site safety have been included as they do not appear in the SEPP nor in the Guideline.

Part 12 – Advertising and Signage

Key amendments to this Part are as follows:

· Amendment to avoid duplication of items permitted under the following policies:

o State Environmental Planning Policy (Exempt and Complying Codes) 2008; and

o State Environmental Planning Policy (Industry and Employment) 2021.

· Controls and objectives have been relocated or amended to clarify the intent for different signage types.

· Reinforcement of the importance of limiting visual clutter and light spill that results from multiple signs, and that impact the quality of Ku-ring-gai’s streetscapes and the amenity of residents and bushland related fauna.

Part 13 - Tree and Vegetation Preservation

Key amendments to this Part are as follows:

· Updated to reference relevant sections of State Environmental Planning Policy (Biodiversity and Conservation) 2021.

· Providing reference to the Ku-ring-gai Council Tree Replacement Planting List to ensure appropriate species are planted in mapped biodiversity areas.

Part 14 - Urban Precincts and Sites

Key amendments to this Part are as follows:

· Correction to the Roseville Local Centre diagram, to include a consistent 6m setback to all properties fronting Larkin Lane and clarify requirements for land dedication for the Larkin Lane public domain.

· Correction to Pymble Business Park diagram, to remove the heritage annotation on 950 Pacific Highway, Pymble (Bunnings) as the site no longer holds heritage status.

· Deletion of Part 14R.1 Lindfield Village Green Masterplan as the building works have been completed in line with the masterplan.

Part 17 - Riparian Lands

Key amendments to this Part are as follows:

· Inclusion of a note to clarify DCP requirements for planting where a site is subject to both a riparian and Greenweb category.

· Control to clarify and alert applicants that there is a requirement to comply with Part 17.1 General, which provides overarching controls that apply to all riparian Categories.

· Control to clarify that the re-instatement of watercourses is required for medium and high-density development.

Part 18 - Biodiversity

Key amendments to this Part are as follows:

· Inclusion of a note to clarify KDCP requirements for planting where a site is subject to both a riparian and Greenweb category.

· Amendment to Part 18R.1 Greenweb Maps to adjust the canopy remnant at 74A, 74B, 74C Burns Road, Wahroonga following a landowner request. Council staff conducted a site visit and verified that:

o The area originally identified as Cat 5 - Canopy remnant on 74C Burns Road, Wahroonga is all exotic species, including Oak Trees, and not a species relevant to the Cat 5 Greenweb mapping. Noted is that these exotic trees are still covered by provisions within the KLEP 2015.

o There is one Syncarpia glomulifera on 74A Burns Road. This species is occasionally associated with BGHF and is a characteristic species for Sydney Turpentine Ironbark Forest (STIF) and will be retained in the Cat 5 Greenweb mapping.

· Amendment to Part 18R.1 Greenweb Maps to to include Category 3 – Landscape Remnant at 130 Killeaton Street, St Ives.

o This amendment is in response to the 16 May 2023 Council resolution in relation to the Planning Proposal for 130 Killeaton Street, St Ives. Council resolved:

C. That Council updates Greenweb mapping to reflect the occurrence of Sydney Turpentine Ironbark Forest (STIF) and Blue Gum High Forest (BGHF) at 130 Killeaton Street, St Ives.

Part 19 - Heritage Items and Heritage Conservation Areas (HCA)

Key amendments to this Part are as follows:

· Merger of the following two sections to simplify and align and reduce duplication of controls:

o Part 19C Development within HCAs: Alterations and Additions, and

o Part 19D Development within HCAs: New Buildings.

· HCA - new objectives and controls that:

o improve landscaping outcomes in the HCA with regards to neighbours and the street;

o clarify restrictions of excavation and gate infrastructure in HCA front setbacks;

o require greater consideration of basement provisions, roof and building fabric alterations;

o remove controls regarding solar panels, skylights and other roof infrastructure stated in SEPP (Transport and Infrastructure) 2021.

· Heritage Items - new objectives and controls that:

o clarify Part 19D Heritage Items takes precedent in any assessment involving a Heritage Item;

o clarify the building separation requirements for medium and high density development within a heritage item site, and requirements for low density attachments to Heritage Items;

o improve landscaping outcomes on Heritage Item sites and avoid impacts of works on neighbours and the street;

o prevent uncharacteristic changes to ground levels within heritage item sites including basements and driveway excavation;

o control the modifications made to original fabric including verandahs and roofs;

o include controls for Secondary Dwellings on Heritage Item sites as they are permitted development.

· Development in the vicinity of Heritage Items or HCAs - new objectives and controls that:

o clarify requirements for building separation of new development adjacent to Heritage Items and buildings within HCAs;

Part 20 - Development Near Road or Rail

Key amendments to this Part are as follows:

· References to the requirements of SEPP (Transport and Infrastructure) 2021.

· Clarification of requirements to maintain a quality streetscape where high fences are permitted to busy roads.

Part 21 - General Site Design

Key amendments to this Part are as follows:

· New objectives and controls to limit excavation for basements and subterranean rooms on low density dwelling sites.

· Emphasizing the requirement for landscaping and planting considerations in the early site design stage, including planting locations, species and use of artificial grass.

· Deletion of ineffective, difficult to enforce and overbearing controls, where any dispute is unlikely to win in Court, and encourage landowners to deliver and retain more realistic planting outcomes.

· Clarification of planting requirements and alignment with the Ku-ring-gai Urban Forest Strategy.

Part 22 - General Access and Parking

Key amendments to this Part are as follows:

· Modification to driveway width requirements to ensure driveways can accommodate the new on-site temporary bulk waste collection area, and to ensure sufficient access for large vehicles turning in/out from busy roads.

23.2 - Green Buildings

· Controls to reflect the updated Green Building Council of Australia rating tools, to ensure development applications for non-residential buildings include design elements to reduce carbon footprint, and aid Council’s movement towards net zero emissions.

23.4 Materials, Colours and Finishes

· Clarification of material and finish requirements for non-residential development and for high and medium density residential and mixed-use buildings.

· New controls that facilitate better material and finish choices and avoid use of materials that deteriorate, are costly to repair, reduce the quality of the building over time and downgrade the quality of Ku-ring-gai’s streetscape character.

· New objectives and controls added to resolve issues of utility infrastructure, including kiosk substations and fire hydrant and booster assemblies, impacting on the visual quality of the streetscape.

Part 24 - Water Management

· The amendments to this Part facilitate development in achieving the requirements of the KLEP:

o Clause 6.5 - Stormwater and Water Sensitive Urban Design;

o Clause 5.21 - Floodwater Planning;

o Clause 6.5 - Stormwater and Water Sensitive Urban Design.

· A new Ku-ring-gai Council Technical Guideline for Water Management (Attachment A2) has been created and supersedes content from this Part 24.

· The amendments clarify technical requirements for the treatment of storm water on different types of development and provide references to the Ku-ring-gai Council Technical Guideline for Water Management.

· Inclusion of new controls regarding flood events, rainwater tanks and on-site requirements for wastewater and greywater management.

· Amendments to 24R References updating the terms for various Covenants, including additional definitions and two new covenants for Pump-out systems and Permeable Pavers.

Part 25 - Waste Management

· A new section has been created as Part 25 Waste management. This transfers all content from the current Part 23.7 Waste Management with limited updates.

· A new Part 25B.1 On-site Bulk Waste Storage Areas and 25B.2 On-site Temporary Bulk Waste Collection Point has been created to address unauthorised dumping of bulk waste on public footpaths, the associated health and safety hazards, and burden on Council to operate outside its collection capacity.

Proposed amendments to the KDCP

The Cross-Council workshops delivered agreed amendments that are detailed in the Table of Amendments at Attachment A1 to this Council Report.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P1.1 Ku-ring-gai’s unique visual character and identity is maintained.	P1.1.1 Strategies, plans and processes are in place to protect and enhance Ku-ring-gai’s unique visual and landscape character.	Continue to review the effectiveness of existing strategies, plans and processes across all programs.
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.	Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs.
P5.1 Ku-ring-gai’s heritage is protected, promoted and responsibly managed	P5.1.1 Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets.	Implement, monitor and review Ku-ring-gai’s heritage planning controls and Heritage Strategy consistent with the Local Strategic Planning Statement (LSPS).

Governance Matters

The process for preparing development control plans is governed by provisions within the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

For the preparation of development control plans under s3.41[1] of the Act, Council act as the relevant planning authority. Under s3.34[1] of the EP&A preparation of development control plans is required to provide guidance for development carried out by Local Environmental Plans. Council may amend development control plans by a subsequent development control plan. Draft development control plans are to be exhibited for a period of 28 days.

Risk Management

Updating the KDCP will improve its supporting role to the KLEP 2015. It will allow Council to deliver on strategic planning decisions and retain those elements that are vital to the character of the LGA, such as quality streetscapes, built form, garden settings and tree canopy more efficiently. The proposed KDCP amendments will enable better development, resolution of disputes and Court outcomes, and facilitate a more coordinated cross-Council approach in operational matters.

Financial Considerations

The cost of reviewing the KDCP and preparing the KDCP Amendment 6 is covered by the Strategy and Environment operational budget.

Social Considerations

The KDCP considers social issues that cover many aspects of human life including how we live, our environments, access and movement, recreation and services. Improvement and update to the KDCP will facilitate provision of quality development and general environments. It is not expected that the housekeeping amendments to the KDCP will result in any adverse social impacts.

Environmental Considerations

The proposed amendments to the KDCP include updates that reflect current best practice in sustainable development, including building ratings under GBCA, requirements for infrastructure to support EV and transport alternatives, and improved protections of trees.

Community Consultation

It is proposed to place the draft Ku-ring-gai Development Control Plan Amendment No.6 on public exhibition for 28 days, during which time the community will be invited to make submissions. The exhibition will be in accordance with Council’s Community Participation Plan.

Internal Consultation

Council staff have access to an ongoing ‘DCP Tracker’ which is used to flag any potential errors, inconsistencies, or updates across all parts of the KDCP. Issues from this tracker were used as a base for cross-Council meetings. These discussions also provided the opportunity for any further issues within the scope of the housekeeping amendments to be considered.

The housekeeping amendments to the KDCP have been conducted in consultation with different groups from Council for specialised advice. Discussions were held with officers from Development Assessment, Compliance, Operations, Natural Areas, Bushfire, Sustainability, Transport Planning, Heritage and Environmental Health. A Councillor Briefing was also scheduled prior to this matter coming to Council.

Summary

The Ku-ring-gai Development Control Plan (KDCP) housekeeping review commenced in May 2022.

It focused only on limited Parts of the KDCP that require immediate attention as they conflict with recent updates and amendments to legislation, Australian Standards, state and local policies, guidelines and practice; and have been raised, pre-dominantly by Council staff, as they do not facilitate aligned outcomes across various Council operations and processes.

The desktop review has resulted in draft amendments to the KDCP that are detailed at Attachment A1 to this Report.

Recommendation:

A. That Council endorse the updates proposed by Amendment 6 of the Ku-ring-gai DCP, as detailed in Attachment A1 of this report.

B. That the Ku-ring-gai DCP amendments stated in Attachment A1 be placed on public exhibition in accordance with provisions under the Environmental Planning and Assessment Regulation 2000.

C. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft KDCP prior to public exhibition.

D. That a report be brought back to Council at the conclusion of the exhibition period.

Rathna Rana

Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	KDCP Table of Amendments	Excluded	2023/148025
	A2	Technical Guideline for Water Management	Excluded	2023/173038
	A3⇩	Tree Replacement Planting List		2023/173044

Ordinary Meeting of Council - 20 June 2023	GB.11 / 1

Item GB.11	S13795

Reclassification Planning Proposal
261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble

EXECUTIVE SUMMARY

purpose of report:	For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.

background:	The three sites are under-utilised and require substantial financial outlay to upgrade and/or improve their useability and value to Council as a community facility or as an asset. The deterioration of the sites and buildings have resulted in reduced tenancy interest, prolonged vacancy, and/or inability to command competitive rentals. On 16 March 2021 and 24 May 2022 Council discussed its land holding strategy and resolved to prepare Planning Proposals for the three sites. Councillors were most recently briefed on asset disposal matters on 10 February and 22 May 2023, building on a number of briefings in 2022. The Planning Proposal was reported to the Ku-ring-gai Planning Panel on 20 February 2023. The Panel advised the that the proposal should proceed to Gateway subject to provision of additional information.

comments:	A reclassification Planning Proposal has been prepared for Council’s consideration. Reclassification will enable the orderly and economic use of the sites, irrespective of whether they are sold or retained. Reclassification will not alter the attributes of the sites but will broaden Council’s options for its assets, including repurposing to attract a wider range of tenants and possible future divestment. The proposed reclassification is consistent with strategic planning policies and directions including Council’s Community Strategic Plan, Local Strategic Planning Statement, and the wider objectives and priorities of the Greater Sydney Region Plan: A Metropolis of Three Cities, and the North District Plan. A Councillor site visit was conducted on 13 April 2023.

recommendation:	That the Planning Proposal be submitted to the Department of Planning and Environment for Gateway Determination, and that upon receipt of a Gateway Determination, the exhibition, public hearing and consultation process is carried out, and a report be brought back to Council.

Purpose of Report

For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.

Background

This Planning Proposal seeks an amendment to the Ku-ring-gai Local Environmental Plan 2015 to reclassify three Council-owned sites from Community land to Operational land. The sites are at:

· 261 Mona Vale Road, St Ives;

· 1186-1188 Pacific Highway, Pymble; and

· 1192 Pacific Highway, Pymble.

The three sites are under-utilised and require substantial financial outlay to upgrade and improve their facility. Council has no long-term plans for the three sites which would warrant their retention or significant ongoing expenditure.

Reclassification and discharge of some interests will increase useability and attraction of tenants and broaden Council’s options for its assets.

Community land is land Council makes available for use by the general public, for example, parks, reserves or sports grounds. Section 45 of the Local Government Act 1993 states Community land cannot be sold, exchanged or otherwise disposed by Council.

Operational land is land which facilitates the functions of Council, and may not be open to the general public, for example, a works depot. An operational classification permits Council to sell, exchange or grant an interest to another party in accordance with the provisions of the Local Government Act 1993. Operational land enables a wider range of uses on land and enables Council to secure a range of tenancies at commercial rates.

Council Resolutions to prepare and progress Planning Proposals for the three sites

At the Ordinary Meeting of Council on 16 March 2021, a confidential report on Council’s land holdings strategy was considered. Council resolved to prepare and progress a Planning Proposal to reclassify the land at :

· 261 Mona Vale Road St Ives (lot 31 DP 719052); and

· 1186 Pacific Highway, Pymble (Lot 1 DP 86583).

At the Ordinary Meeting of Council on 24 May 2022 Council resolved that:

E. In relation to Community land that is surplus to Council’s requirements, that a Planning Proposal be prepared and submitted for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979 to reclassify 1192 Pacific Highway, Pymble (Lot 8 DP 30236) from Community Land to Operational land. That the Planning Proposal/s be referred to the Ku-ring-gai Local Planning Panel in accordance with the Ministerial Direction Local Planning Panels Direction – Planning Proposals.

Council is relying on divestment surplus land holdings to the fund co-contributions for infrastructure works identified in various contributions plans, as well as its contribution to the Lindfield Village Hub project.

A number of residual parcels of land have been identified as surplus to Council requirements or not required for longer term provision of community facilities or open space.

The potential of these land parcels can be realised through re-purposing or divestment, both of which require the land to be reclassified from Community land to Operational land.

Ku-ring-gai Planning Panel Advice

This matter was considered by the Ku-ring-gai Planning Panel on 20 March 2023. The Panel advised as follows:

A. The Ku-ring-gai Local Planning Panel advises Council as follows for each of the properties subject of the Planning Proposal:

- 261 Mona Vale Road, St Ives – that the matter proceed to a Gateway Determination.

- 1186-1188 Pacific Hwy, Pymble - that the matter proceed to a Gateway Determination supported by a Conservation Management Plan to guide the potential use, management and change to the site.

- 1192 Pacific Hwy, Pymble – the Planning Proposal should be amended to state that the development consent for 1190 Pacific Hwy, Pymble has lapsed and that the matter proceed to a Gateway Determination.

B. Date of the Advice: 20 March 2023

Councillor Site Inspection

A site inspection with Councillors was conducted on 13 April 2023. The inspection notes may be seen at Attachment A1.

Comments

Overview

Uses permitted under Community classification are highly limiting and restrict opportunities for the sites.

· Even with the discharge of the Covenant constraints and changes to any restrictive Plans of Management that apply to the site, the Community classification will continue to limit the permitted uses on the land.

Operational classification will provide Council options on the management of its land parcels:

· It takes away the constraints of the Community classification short term leases available to tenants and associated requirements to apply to the Minister for Local Government.

· It would enable straightforward negotiation on long term 30+ year leases and a more likely agreement on tenant responsibility and outlay of significant finances to upgrade and maintain deteriorated sites.

· It offers Council the greatest flexibility to invite enterprising and creative private sector interest/involvement in the conservation and operation of the buildings including adaptive re-use.

· It would enable Council to gauge market interest through placement of an EOI, with limited risk to Council’s reputation on the genuine offer to engage with the private sector for the upkeep of the sites and their buildings.

· To explore private sector interest in any proposal for the commercial use of the sites, a public expression of interest process would be undertaken in accordance with Council’s procurement requirements. However, the land parcel would require a granted Operational classification amendment in the KLEP 2015, subject of the current Planning Proposal, to proceed.

· Reclassification enables consideration of divestment as an option subject to further investigation, reporting and a resolution of Council

Proposed amendments to Ku-ring-gai Local Environmental Plan 2015

BBC Consulting Planners have been engaged by Council to prepare a Planning Proposal in relation to Council’s resolutions of 16 March 2021 and 24 May 2022.

The Planning Proposal for the three sites may be viewed at Attachment A2.

The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 to achieve the following outcomes:

· Reclassify the three sites from Community land to Operational land, discharge covenants and retain water and sewer easements where appropriate, to enable the orderly and economic use of the sites in line with Council’s policies and directions.

· Ensure that planning within the Ku-ring-gai LGA appropriately supports the objectives of relevant planning policies and plans, including the Greater Sydney Region Plan: A Metropolis of Three Cities, and the North District Plan and Ku-ring-gai Council’s plans and strategies including the Community Strategic Plan 2032, the Local Strategic Planning Statement, the Community Facilities Strategy (Part 1) and the Open Space Acquisition Strategy 2006.

The objective of the Planning Proposal is to:

· enable greater flexibility around the use and management of Council’s assets to give Council more choice in its decision making on the best financial and facility outcome for the broader Ku-ring-gai community;

· enable Council to meet community expectations for projects and service delivery, particularly for renewal and replacement of assets as well as capital works scheduled in Council’s Long Term Financial Plan; and

· enable Council to consider options for divestment of surplus land holdings to fund co-contributions for infrastructure works identified in various contributions plans.

Consistency with strategic planning framework

The proposed reclassification of the sites is consistent with the following strategic planning documents as demonstrated in the attached Planning Proposal (Attachment A2):

· The Greater Sydney Region Plan - A Metropolis of Three Cities

· The North District Plan

· Ku-ring-gai Council Local Strategic Planning Statement

· Ku-ring-gai Council Strategies and Plans including:

- Community Strategic Plan 2032

- Resourcing Strategy 2022-2032

- Long Term Financial Plan

- Asset Management Strategy

- Community Facilities Strategy – Part 1 Libraries and Community Centres (2018);

- Ku-ring-gai Open Space Acquisition Strategy (2006);

- Ku-ring-gai Recreational Needs Analysis Study (2001).

Benefits of reclassification for the three sites

Local Government Practice Note 1 (May 2000) describes the restriction of uses on sites classified as Community land:

2.2 Classification of public land

All public land must be classified by council as either “community” or “operational” land (ss.25 – 26). The main effect of classification is to restrict the alienation and use of the land. “Operational” land has no special restrictions other than those that may apply to any piece of land.

Community land is different. Classification as community land reflects the importance of the land to the community because of its use or special features. Generally, it is land intended for public access and use, or where other restrictions applying to the land create some obligation to maintain public access (such as a trust deed, or dedication under section 94 of the Environmental Planning and Assessment Act 1979). This gives rise to the restrictions in the Act, intended to preserve the qualities of the land. Community land:

· cannot be sold

· cannot be leased, licenced or any other estate granted over the land for more than 21 years

· must have a plan of management prepared for it.

The Local Government Act 1993 provides in depth explanation of Community land uses at Section 35 to 47F. Amongst other details, this section outlines the powers afforded to Council to use and manage community land. It states how community land is to be managed by Council through Plans of Management and legislation, the dealings Council can have in community land such as leases, as well as what powers Council has to develop on community land. It lists the categorisation of Community land which can only be one or more of the following: a natural area, a sportsground, a park, an area of cultural significance, or general community use.

Reclassification of sites from Community to Operational land enables a wider spectrum of uses for Council assets, giving Council flexibility on how it utilises or leases its assets, and enabling Council to assign the highest purpose for its assets.

Description of the three sites, uses and restrictions

SITE 1: 261 Mona Vale Rd, St Ives (Lot 31 in DP 719052)

· The site is located at the intersection of Mona Vale Road and Link Road, St Ives.

· It is adjoined to the east and south by educational establishments and a childcare centre beyond which is high rise residential development.

· The land is generally flat and has an area of 1,371m2, with a frontage of approximately 39 metres to Link Road and 33 metres to Mona Vale Road.

· The land is currently zoned R4 High Density Residential with similar standards to adjacent land at FSR 1.3:1 and 17.5m height.

· The site comprises a former residence converted for use as a childcare centre with limited on-site parking and a left in from Mona Vale Road, left out to Link Road access.

· The site was previously leased to a not-for-profit community organisation as an Occasional Child Care Centre for in excess of 20 years. Despite a highly concessional rent the lessee voluntarily surrendered the lease in December 2020 citing the operation was not viable.

· On departure, the premises were left in a generally poor condition requiring a new fit-out and internal and external maintenance works at significant cost to both Council and the incoming tenant.

· Following a tender process in 2022, Council secured a new commercial tenant who has agreed to pay a market rent as well as undertake the necessary refurbishment works to operate an early learning centre consistent with current planning approval which provides for the accommodation of up to 25 children up to the age of 5 years old.

· However, to increase capacity or extend the hours of operation, the building would require substantial upgrade works to make the premises compliant with new standards and appeal to a wider tenancy able to offer improved rental rates.

Benefit of reclassification of 261 Mona Vale Road, St Ives:

· The building on this site is dated and although it may continue to operate as a child-care facility, it does not meet current standards and requirements for new childcare facilities as reflected in Part 3.3 of State Environmental Planning Policy (Transport and Infrastructure) 2021; Children (Education and Care Services) National Law (NSW) N 2010; Education and Care Services National Regulations 2011; Children (Education and Care Services) Supplementary Provisions Regulation 2012.

· Without substantial financial outlay the building and its standard of provision cannot into the future compete with emerging childcare facilities in the locality and has limited capacity to maximise and increase future financial returns for Council.

· Substantial upgrades are required to modernise the facility to command the rentals appropriate to its location.

· Reclassification to Operational land will provide flexibility in both the site’s tenancy and possible divestment, to enable Council to receive an adequate return on investment consistent with Council strategies, and consistent with the objects of the EP&A Act to encourage the orderly and economic use of land.

· Given the long term and on-going use of this site under a lease arrangement, Community Classification is not appropriate.

SITE 2: 1186-1188 Pacific Hwy, Pymble (Lot 1 in DP 86583)

· Details regarding financial matters, restrictions and adaptive uses are provided at Attachment A3.

· The site is located to the south-west side of the Pacific Highway, Pymble approximately 320 metres from Pymble train station with bus services along the highway. The rear of the site adjoins the North Shore and Western rail line

· Access into the site is limited to one single left in and left out directly onto the Pacific Highway.

· The surrounding area is characterised by a mix of medium to high density residential and commercial uses. The land is currently zoned R4 High Density Residential with additional permitted uses that include commercial premises, entertainment facilities and function centres. It has with a maximum 0.5:1 floor space area and 9.5m height reflecting current onsite standards. These standards may need to be revisited as part of any future masterplanning process.

· The land has an area of 5,356m² with a frontage to the Pacific Highway of 65.52 metres and a depth of approximately 83 metres. The site falls to the south-west, with carpark located behind the buildings, beyond which the land falls steeply to the railway line at its rear.

· The site contains the Ku-ring-gai Town Hall (former Church) and Presbytery with a car park. The site, including the Ku-ring-gai Town Hall and the Presbytery, are heritage listed (Item No I72).

· The Ku-ring-gai Town Hall facilities include store and dressing rooms, kitchen, toilets, auditorium with stage and gallery. The Presbytery is a two storey building associated with the former church and comprising a number of bedrooms and associated living areas.

· Ku-ring-gai Town Hall is a large space, approximately 300m2, used for large Council or community events and available for casual hire. Although a number of groups hire the space, certain parts of the building are closed indefinitely due to rising damp.

· The Presbytery Building, previously used as the Performing Arts Resource Centre, remains vacant due to its poor condition.

· Both buildings require substantial repair to modernise them and bring them in line with similar sized facilities commanding higher rentals. Refer to Attachment A3.

· Council has previously sought to reclassify the land on two occasions to enable improved opportunities for its use and refurbishment:

- In 1994, Council resolved to classify the site as operational land, in accordance with Clause 6(3) of Schedule 7 of the Local Government Act 1993. There is uncertainty as to whether the land was subsequently reclassified as community land. Consequently, and consistent with LEC case law, this site is included in this Planning Proposal.

- At its meeting on 30 April 2013, Council resolved to prepare a Planning Proposal to reclassify a number of sites from Community land to Operational land, including the subject site.

The reclassification Planning Proposal covering multiple sites was prepared, exhibited and forwarded to the then Department of Planning and Environment for finalisation.

The Department took considerable time, approximately 2 years, to consider the multiple sites. Eventually the Minister’s delegate deferred decision on this and other sites noting that they required further consideration.

- To ensure further and updated consideration of the reclassification of this site, this Planning Proposal process has been commenced from scratch, rather than relying on the previous multiple site proposal submitted to the Department for Gateway.

· Full consideration has now been given to the strategic and site-specific merit of the reclassification of 1186-1188 Pacific Hwy, Pymble and is presented in the Planning Proposal subject of this report.

· The significance and complexity of this site would arguably benefit from a similar approach to that taken by Council in respect of the Lindfield Library site. That site was de-risked, and significant value uplift achieved, by Council preparing and lodging a development application following a masterplanning process. While not entirely guaranteed insofar as a future owner might lodge a DA modification, there is significant certainty in relation to exactly what the urban form outcome would be for that site.

Benefit of reclassification of 1186-1188 Pacific Highway, Pymble:

· Refer to Attachment A3 for details on the condition and options for this site.

· Council’s Community Facilities Strategy proposes a network of community facilities in Ku-ring-gai that work together to collectively meet the needs of the community. This includes new large centrally located multi-purpose facilities that can adapt to changing community needs and provide accessible and flexible spaces to suit a range of services and uses. These facilities offer community provisions that are in line with current standards and attractive in the current market including commanding rates consistent in the market.

· Ku-ring-gai Town Hall and Presbytery are underutilised and comprise spaces that cannot be readily adapted for alternative community uses. This is exacerbated by the poor condition of the buildings and the substantial works required to attend to the damp, mould, and leaking issues in both buildings.

· The reclassification of the site widens opportunities for alternative use of the buildings to attract new, higher paying tenants (provided the substantial financial outlay is available for repair and restoration of the heritage items); and, opportunity to consider possible future divestment to release funds for the provision of community facilities in accordance with Council’s strategic plans and policies.

· The site is a Heritage Item. The preparation of a Conservation Management Plan (as advised by the Ku-ring-gai Planning Panel) , will outline what the heritage significance is of the place and how changes are to be managed over time to ensure the heritage significance is retained.

· The Conservation Management Plan will accompany the reclassification proposal to ensure the heritage integrity of both the Town Hall and Presbytery is maintained through any future potential use, management and change to the site.

· Given the previous long term use of this site under a lease arrangement, Community Classification is not appropriate. Community classification and a restrictive plan of management have led to the Presbytery being vacant for a number of years.

SITE 3: 1192 Pacific Hwy, Pymble (Lot 8 in DP 30236)

· The site is located in the area between the Pacific Highway to its north-east and the northern railway line to its south-west.

· It is surrounded by high density residential development to the north, south and west with a mix of residential and commercial uses on the eastern side of the highway.

· The site is zoned R4 High Density Residential with similar standards to adjacent land at FSR 1.3:1 and 17.5m height.

· The adjacent site to its south at 1190 Pacific Hwy remains the only undeveloped neighbouring site. This land has recently had a change in ownership. It also had a DA approval for an apartment building which has recently lapsed.

· The site is mapped as having biodiversity meaning its vegetation is protected under the KLEP 2015. The proposed reclassification will not affect the onsite trees and vegetation.

· The land has an area of 974m² with a frontage to Pacific Highway of 22.3 metres and a depth of 45.5 metres.

· Access is only available from Pacific Highway. Vehicles have to reverse in or out from Pacific Highway onto the site’s concrete parking platform for 1-2 cars, adjacent to Pacific Highway. To ensure safe access, the structural integrity of the parking platform requires investigation, as well as its conformity to current safety standards.

· The site has extremely poor accessibility for both vehicles and pedestrians. The difficult access has highly compromised Council’s ability to successfully maintain the site as transporting machinery into the site remains problematic.

· The site drops steeply from Pacific Highway and is of sloping terrain, with approximately a 3-6 metre drop from the highway and across the site; and, access is only available via a staircase at the rear of the concrete parking platform on Pacific Highway.

· The site has become progressively isolated and access has become increasingly difficult with apartment developments along the northern and western boundaries and a recently lapsed DA approval for a 5 storey apartment building to the southern boundary at 1190 and 1190A Pacific Highway.

· The site is under-utilised and has had anti-social activities due to its hidden nature. Surveillance of activity on the site is highly compromised and the location does not meet with ‘Safety by Design’ and ‘Crime Prevention Through Environmental Design’ (CPTED) principles in terms of passive surveillance making it a likely candidate for ongoing anti-social behaviour.

· Its size and topography preclude the ability of this site to provide meaningful community facilities without disproportionate spending.

· The site is currently vacant. Previous uses included parking of Sydney Water vehicles.

· Site maintenance is increasing difficult and expensive with equipment and materials having to be craned onto the site. This will become impossible when adjoining sites are developed.

Benefit of reclassification of 1192 Pacific Highway, Pymble:

· This site has remained vacant and unused since its acquisition in 1979. It provides no community benefit, and its steep fall from the highway coupled with sloping terrain and poor location has prevented its effective use as a park. The site has not been utilised as open space and has repeatedly been discussed as a liability.

· The site has been unable to be effectively used for public open space. Council’s Open Space Acquisition Strategy requires new parks to have an area greater than 3000sqm to provide for maximum passive recreation opportunity. This site is less than 1,000sqm with no potential for future expansion due to adjoining developments. The site is heavily impacted by noise and pollution from the Pacific Highway with very poor accessibility and safety surveillance.

· The Ku-ring-gai Open Space Acquisition Strategy 2006 sets out a formal acquisition process that is underpinned by probity, due diligence, analysis of risk and ensures impartiality, transparency and accountability. It establishes principles, criteria and priorities for acquiring open space in Ku-ring-gai. In addition, Council has developed an Open Space Acquisition Program to deliver much needed local parkland for the community.

· The site has not been declared a public reserve.

· Approximately half of the site is affected by easements for water and sewerage purposes. These interests will not be discharged and will remain as a constraint on the land.

· The land contains remnant vegetation protected through biodiversity mapping. This would remain intact regardless of the site’s future use and ownership.

· Reclassification of the land would enable other options to be considered for the site including divestment. This would transfer cost of management, care, surveillance, and use of the land, including the onsite vegetation, possibly to adjacent landowners who currently benefit from their proximity to the site.

· This site was acquired by Council in 1979 using funds from an open space contributions trust fund. This predates Council’s development contributions plans and the Ku-ring-gai Open Space Acquisition Strategy. Nevertheless, should the site be divested in the future, the proceeds from any sale would need to be reserved for open space acquisition.

· The Ku-ring-gai Contributions Plan 2010 provides funding for land acquisition, design and construction of new parks and civic spaces. Funding from any site acquired through contributions for open space, if divested, is reallocated directly into acquisition of other more suitable open space. Council has been actively acquiring land and converting the land to new parks. To date Council has created, or is in the process of creating, over 25,000sqm of new parks and civic spaces.

Conclusion

· Operational classification will allow Council flexibility in the management, enable alignment with Council’s current adopted standards and strategies, and provide greater efficiencies in the financial planning for these assets.

· Any repurposing or future divestment of the three sites, that result from reclassification, would assist Council in meeting community expectations for the renewal and replacement of community infrastructure.

· Council has insufficient funding in the Long Term Financial Plan to sustainably manage and improve its existing infrastructure assets including standards of community facilities to meet community expectations. The deterioration of standards is clear on the three sites that are the subject of this Planning Proposal.

· Reclassification of the three sites to Operational Land will provide Council improved options on the use and purpose of the sites.

· It is noted that any future divestment proposal would require further consideration and would be subject to a separate resolution by Council.

Next steps in the reclassification process

The following steps will be required to progress the Planning Proposal following the advice of the Ku-ring-gai Local Planning Panel:

1. prepare a Conservation Management Plan for 1186-1188 Pacific Highway, Pymble, as advised by the Ku-ring-gai Local Planning Panel;

2. submit the Planning Proposal to the Department of Planning and Environment for Gateway Determination;

3. if granted a Gateway, conduct public consultation including public exhibition, public hearing and any required State Agency consultation; and

4. report back to Council following all public consultation.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

L2.1.3: Council maintains its commitment to infrastructure asset management priorities

L2.1.3.1: Identify available funding sources in the Long Term Financial plan and allocate to priority projects and assets

P2.1: A robust planning framework is in place to deliver quality design outcomes and maintain the identify 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

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

Governance Matters

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000. Section 3.36(2) of the EPA Act outlines that following the completion of community consultation, the local plan making authority may:

a) Make a local environmental plan, either with or without variation.

b) Decide to not make the proposed local environmental plan.

Given Council is the landowner, it cannot seek delegation to make the plan. Should Council resolve to adopt the Planning Proposal, it will be submitted to the Department of Planning and Environment with a request to make the plan.

Community land is land Council makes available for use by the general public, for example, parks, reserves or sports grounds. Section 45 of the Local Government Act 1993 states Community land cannot be sold, exchanged or otherwise disposed by Council.

Operational land is land which facilitates the functions of Council, and may not be open to the general public, for example, a works depot. An operational classification permits Council to sell, exchange or grant an interest to another party in accordance with the provisions of the Local Government Act 1993. Operational land enables a wider range of uses on land and enables Council to secure a range of tenancies at commercial rates without Ministerial approval.

Divestment is where Council considers the best outcome for a site is its divestment due to a site’s ineffectual provision of community facility or financial return, any future divestment would be subject to a separate Council resolution and would be undertaken in accordance with Council’s Acquisition and Divestment of Land Policy 2019.

Risk Management

Under-utilisation and limited interest from prospective tenants due to limited funds to upgrade and maintain Council’s assets at a level comparable to the market, and the limitation of allowed uses on Community classified land places Council at both financial and reputational risk due to inability to service its community at a quality level.

Reclassification of the three sites provides Council the opportunity to consider the options for repurposing and/or divestment to facilitate improved community facilities across the LGA whilst balancing Council’s financial burden.

There is a risk to Council’s overall budget position if asset sales are not achieved. There is also a reputation risk to Council if it fails to proceed with social infrastructure projects which rely on asset sales for funding

Financial Considerations

The cost of preparing the Planning Proposal and associated studies is covered by the Urban Planning - Strategy and Environment Department budget and capitalised against any asset proposed for disposal.

The reclassification of the three sites will assist Council to effectively manage its financial position to meet community expectations for new projects by ensuring competitive tenancy returns or divestment value.

The adopted 2022/23 LTFP had asset sales funding of $111m. This was allocated to Marian Street Theatre redevelopment ($22m), Infrastructure renewal ($36m), co-contributions to projects funded from s7.11 development contributions ($7.4m) and property development reserve ($45m).

The financial strategy around assets recycling has changed as significant asset sales have not been progressed and no longer reliable for future planning. The 2023/24 LTFP provides for reduced asset sales of $52.5m to fund co-contributions to projects funded from the s7.11 development contributions plan and a Property Development Reserve for major projects.

The reduced asset sales leaves a significant funding gap that needs to be addressed. New funding sources are required, in combination with a review of existing services or deferral of proposed capital expenditure. To address this funding gap the LTFP assumes scenarios which provide additional funding raised from a special rates variation. This would largely fund the infrastructure renewal and other major project initiatives proposed.

Development Contributions - The NSW Government has proposed changes to the development contributions system. Significant changes include the removal of community facilities, indoor recreation centres and public domain works from s7.11 plans and also reducing the contributions revenue Council would receive under s7.12 plans. Modelling commissioned by NSROC indicated that the impact of the changes for Ku-ring-gai could be a revenue reduction in the order of $5m pa.

It is not known if the NSW Government intend to proceed with the proposed changes. If they are implemented without modification, it is likely that Council will need to reduce future capital works funded from development contributions.

Social Considerations

Any repurposing or future divestment of the sites that result from reclassification would assist Council in meeting community expectations for the renewal and replacement of community infrastructure, such as the Marian Street Theatre and the St Ives High School Joint Use Indoor Courts.

Environmental Considerations

Where sites identified as containing areas of Biodiversity Significance under the KLEP 2015, the vegetation is mapped under the KLEP 2015 and protected through the instrument. Any change in use or ownership would not alter the current status of ecological consideration.

Community Consultation

Community Consultation will occur following the receipt and instruction of any Gateway Determination from the Department of Planning and Environment.

Planning proposals to reclassify public land are required to be publicly exhibited for at least 28 days. Council is required to hold a public hearing when reclassifying land from community to operational. The public hearing is chaired by an independent chairperson.

Internal Consultation

Consultation has been undertaken with the relevant internal sections of Council where required for this report. A Councillor site inspection for the subject sites was held on 13 April 2023 notes are attached at Attachment A1.

Councillors were briefed on this matter on 9-10 February and 22 May 2023.

Summary

In accordance with Council’s resolutions of 16 March 2021 and 24 May 2022, a Planning Proposal to reclassify land from Community to Operational has been prepared for Council owned sites at 261 Mona Vale Road, St Ives; 1186-1188 Pacific Highway, Pymble; 1192 Pacific Highway, Pymble.

On 20 March 2023 the Ku-ring-gai Planning Panel provided their advice. This has been incorporated into the Planning Proposal.

The proposed reclassification of the sites is consistent with strategic planning directions including the Greater Sydney Region Plan: A Metropolis of Three Cities, the North District Plan, and Council’s plans and strategies including: Community Strategic Plan 2038, Local Strategic Planning Statement, Community Facilities Strategy and the Open Space Acquisition Strategy.

The three sites are under-utilised and require substantial financial outlay to upgrade and improve their facility. Reclassification and discharge of some interests will increase useability and attraction of tenants and broaden Council’s options for its assets including consideration of divestment.

There will be no change to the existing zoning, development standards, heritage listing nor to the status of biodiversity on the sites under this reclassification Planning Proposal.

Council has insufficient funding in the Long Term Financial Plan to sustainably manage and improve its existing portfolio of infrastructure assets and to meet community expectations. Reclassification to Operational land will provide options for the best, highest and most orderly and economic use of the sites, and enable Council to gather funds for the provision of community facilities in accordance with Council’s strategic plans and policies.

Recommendation:

A. That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

B. That a Planning Proposal to reclassify 1186-1188 Pacific Highway, Pymble from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

C. That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

D. That upon receipt of a Gateway Determination for any or all of the above mentioned sites, the exhibition, public hearing and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Gateway Determination.

E. That a report be brought back to Council at the end of the consultation process.

F. That subject to a Planning Proposal for 1186-1188 Pacific Highway, Pymble being finally approved, a Conservation Management Plan be prepared to guide future use of the site, prior to any Council decision to dispose of all or part of the subject land.

G. That subject to a Planning Proposal for 1186-1188 Pacific Highway, Pymble being finally approved, Council:

i. prepare a masterplan for the subject site;

ii. prepare and submit a development application for subdivision, use, and development of the subject land; and

iii. prepare and approve site specific development controls for the subject site,

so as to give the community some assurance as to ultimate development outcomes for the site, prior to any Council decision to dispose of all or part of the subject land.

Rathna Rana

Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Site Inspection Notes		2023/172014
	A2	Planning Proposal - Reclassification of 3 sites at 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble	Excluded	2023/173356
	A3	Financial Considerations and Permitted Uses - Town Hall and Presbytery 1186-1188 Pacific Hwy, Pymble	Excluded	Confidential

Ordinary Meeting of Council - 20 June 2023	GB.12 / 1

Item GB.12	S13467

Ku-ring-gai Council - Open Space and Recreation Needs Study - Draft for Public Exhibition

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s approval to place the draft Ku-ring-gai Council - Open Space and Recreation Needs Study on public exhibition.

background:	Council faces ongoing pressure in relation to sport and recreation facilities. A lack of reliable data has meant that decisions in relation to sport and recreation facility provision have been made on an ad-hoc basis rather than on informed guidance. The last time Council undertook a strategic review of recreation needs was in 2001 and in the intervening 22 years Ku-ring-gai and the broader Sydney metropolitan area has undergone rapid change and an assessment of these changes is timely. Moving forward, Council will be required to plan for open space, sport and recreation in a more integrated manner. This will ensure balanced consideration of activity needs whether active, passive, structured or unstructured.

comments:	The draft Ku-ring-gai Council - Open Space and Recreation Needs Study (the Needs Study) identifies broad trends and changes in recreation, changes in Ku-ring-gai’s demographic profile, changes in recreational habits of its users, and identifies what facilities will be required for Ku-ring-gai, going forward. The study also undertakes a detailed audit of Council’s parks, sportsgrounds and recreation facilities.

recommendation:	That Council endorse the draft Ku-ring-gai Council - Open Space and Recreation Needs Study for public exhibition.

Purpose of Report

To seek Council’s approval to place the draft Ku-ring-gai Council - Open Space and Recreation Needs Study on public exhibition.

Background

Council faces ongoing pressure in relation to sport and recreation facilities. A lack of reliable data has meant that decisions in relation to sport and recreation facility provision have been made on an ad-hoc basis rather than on informed guidance.

The last time Council undertook a strategic review of recreation needs was in 2001 and in the intervening 22 years Ku-ring-gai and the broader Sydney metropolitan area has undergone rapid change and an assessment of these changes is timely.

Moving forward, Council will be required to plan for open space, sport and recreation in a more integrated manner. This will ensure balanced consideration of activity needs whether active, passive, structured or unstructured.

Comments

The draft Ku-ring-gai Council - Open Space and Recreation Needs Study (the Needs Study) identifies broad trends and changes in recreation, changes in Ku-ring-gai’s demographic profile, changes in recreational habits of its users, and identifies what facilities will be required for Ku-ring-gai, going forward. The study also undertakes a detailed audit of Council’s parks, sportsgrounds and recreation facilities.

Council’s adopted Ku-ring-gai Local Strategic Planning Statement (KLSPS) builds on the community values expressed through the Community Strategic Plan – Our Ku-ring-gai 2038. Under the themes of Liveability – Open Space, Recreation and Sport; and Sustainability – Open Space.

The KLSPS includes the following Ku-ring-gai Local Planning Action:

· Undertake an integrated open space and recreation strategy to be completed within the medium term

The Needs Study has been prepared by Cred Consulting who were appointed in June 2022. Cred Consulting bring over 20 years’ experience in the field of urban and recreation planning, working for both State and local governments, having recently completed recreation needs studies for both Randwick Council and Inner West Council.

The draft Needs Study can be read in full at Attachment A1 – draft Kur-ring-gai Open Space and Recreation Needs Study, 2023.

Needs Study - Key Findings

A summary of key findings:

1. Ku-ring-gai has a comparatively high provision of sports spaces

Ku-ring-gai LGA has a total of 190ha. of sports spaces which equates to 1.5ha per 1,000 people provision rate. Based on a benchmarks Ku-ring-gai is at least 50% above the minimum requirement to support the current population.

2. Most of Council’s turf fields are operating below capacity

Between 63% and 85% of turf fields are operating below capacity i.e. less than 30 hours a week in the winter season and 100% of turf fields are operating below capacity in the summer season.

3. There is a need to improve the capacity and quality of existing sports fields

A lack of field lighting and good quality amenities buildings appears to be significant factors influencing field utilisation. 59% of stakeholders surveyed indicated the quality of fields is the biggest barrier to increasing sports participation.

4. Ku-ring-gai has a below benchmark provision of parks

Ku-ring-gai LGA has a total of 76ha. of parks which equates to 0.61ha. per 1,000 people provision rates. Based on the benchmark Ku-ring-gai is well below the minimum requirement of 124ha. of parks to support the current population.

5. Council will need to manage its sportsgrounds as multi-purpose spaces

Due to an undersupply of parks, Council’s sportsgrounds will need to provide for informal recreation and allow multiple sports to share spaces and facilities. One way to do this is by blocking out time where the community can use the sports field as a park or providing more amenities. Managing conflicts between users of open spaces, including dogs, pedestrians and local clubs.

6. Ku-ring-gai has an over-supply of public tennis courts

Council has 63 single-purpose tennis courts which represents 60% of all sports courts owned by Council. Parks and Leisure Australia 2020 (low benchmark) indicates a provision rate of 1 court per 30,000 people. For Ku-ring-gai this implies an oversupply of some 59 courts.

7. Ku-ring-gai has no full-size outdoor basketball courts

Over 45% of telephone survey respondents indicated they would like to see increased investment in outdoor courts. Parks and Leisure Australia 2020 (low benchmark) indicates a provision rate of 1 basketball court per 4,000 people. For Ku-ring-gai this means a current undersupply of some 31 courts with forecast demand for 35 courts in 2041.

8. Ku-ring-gai has enough netball courts to meet demand

Council has 22 Netball courts across the LGA. Parks and Leisure Australia 2020 (low benchmark) indicates a provision rate of 1 court per 8,000 people. For Ku-ring-gai this means the current supply is above benchmark demand by +6 courts.

9. Ku-ring-gai needs more recreation facilities for young people

The Ku-ring-gai LGA falls short of meeting the benchmark standards for providing local BMX/pump tracks and skate facilities.

10. Ku-ring-gai needs more civic/urban spaces

The Lindfield Village Green is Council’s first civic/urban space. Ku-ring-gai needs more of these spaces within the local centres along the train line where access is lowest and there is the highest population growth and density.

11. Ku-ring-gai needs more indoor recreation centres and aquatic facilities

The Ku-ring-gai LGA has a below benchmark provision of indoor recreation facilities (-1 in 2021 and -2 in 2041) and indoor courts (-6 in 2021 and -7 in 2041). The LGA currently has one regional aquatic facility, but is below benchmark standards for aquatic facilities.

12. Golf Courses occupy a significant portion of public open space land

Council owns and maintains two public golf courses in Gordon and north Turramurra, in addition Council owns a portion of Roseville Golf course which it leases to the club. Across the 3 courses there were approximately 1,890 active memberships in 2022. This number is relatively low when compared with the Ku-ring-gai Fitness and Aquatic Centre which had a patronage of 17,133 in June 2021 and football (soccer) which had 7,288 participants in 2021.

Overview of Needs Study

An overview of the report is set out below.

Objectives

· Review current trends in recreation participation at a national, state and local level and articulate the benefits of recreation.

· Review the current community profile, identifying key challenges and opportunity for recreation.

· Outline the future forecast of the Ku-ring-gai community demographics, identifying key challenges and opportunities.

· Undertake an audit of the current facilities owned and/or managed by Council.

· Undertake community and stakeholder consultation and provide a summary of the key findings.

· Review national, state, regional and local strategic context in terms of recreation.

· Review the local planning context, noting the constrained physical nature of Ku-ring-gai – topography, biodiversity, transport corridors, etc.

· Develop benchmarking standards for the provision of recreation spaces that Council can assess against its current provisions and future direction.

· Identify key trends in recreation provision in the urban environment, providing case studies demonstrating best practices.

· Summarise the LGAs recreation needs and identify gaps.

· Develop a proposed framework to ensure Council can future proof recreation provision.

· Outline recommended opportunities to address gaps in the provision of recreation needs in the LGA.

What is Recreation?

Recreation includes a broad range of passive and active leisure activities that we participate in for fun, relaxation, health and wellbeing, and to connect with our families and communities. This includes casual activities like going for a walk or a picnic with friends, as well as fitness activities and social, organised, competition, and elite sporting activities.

The needs study approaches recreation planning as a spectrum from passive recreation such as enjoying nature, personal fitness and wellbeing through to organised, representative and elite sport. Figure 1, below, shows the diverse spectrum of recreation activities that take place in the Ku-ring-gai LGA.

Figure 1: Ku-ring-gai LGA’s Recreation Spectrum

COVID has greatly changed the participation and functionality of our open spaces and recreation facilities. Participation in community sports over this period saw a sharp decline in registered players across all sporting codes - the return to community sport has been slow to reach pre-COVID numbers. Additionally, recreation megatrends identified by Ausplay indicate that, across Australia, participation in structured sports is in decline, while participation in passive, unstructured recreational pursuits are on the rise.

How is public open space defined?

The needs study uses public open space definitions for the Ku-ring-gai LGA primarily based on Government Architect NSW Greener Places adapted to suit Ku-ring-gai LGA’s needs.

Public open space comprises the following:

1. Parks - Primary function is to support informal recreation activities, an example is Greengate Park in Killara.

2. Sports spaces - Primary function is to support formal/ organised sporting activities, an example is Koola Park.

3. Natural areas - Primary function is to support biodiversity.

4. Civic/urban spaces - Public open spaces in urban areas that often include hard surface and event-ready spaces.

5. Reserves - Public open spaces that are unembellished and limited in size and functionality.

6. Waterways - Primary function is to connect and support water-based recreation.

Figure 2 below shows a breakdown of the quantum of open space across the LGA.

Figure 2: breakdown of public open space across Ku-ring-gai

Who owns and manages open space?

Figure 3 shows that public open spaces in the Ku-ring-gai LGA are owned by several government agencies. Although Council does not own or manage all these areas, the land is available for recreation. The National Parks and Wildlife Service is the largest owner, providing 1,753ha or 55% of the total provision. Council owns 948ha, providing 30%, and Crown Land owns 439ha, representing 14% of the total provision.

Figure 3 - Public open space ownership across Ku-ring-gai LGA:

How do we know if we have enough public open space?

Benchmarks (also referred to as provision standards) are a commonly used tool in estimating the demand for various types of social infrastructure. The following industry benchmarks have been adopted for the Needs Study to calculate the total amount of open space required to service the current and projected population of the LGA.

Public open space 3ha. per 3,000 people

Natural Areas 1ha. per 1,000 people

Sports Spaces 1ha. per 1,000 people

Parks 1ha. per 1,000 people

Population is based on 2021 census population and the forecast population for 2041 is based on Department of Planning and Environment (DPE) population projections.

The needs study uses benchmarks as they are useful tools for comparing and understanding ‘like with like’, however the study emphasises that there are currently no industry accepted benchmarks for public open space and recreation facilities and that benchmarks should be applied with caution.

Key benchmark findings

· Ku-ring-gai has a high provision of public open space - The needs study finds that overall Ku-ring-gai has a high provision of open space when compared to benchmarks. Ku-ring-gai has a total of 3,170ha of public open space which is equates to 25.5ha per 1,000 people. This provision is 850% greater than the benchmark of 3ha. of open space per 1,000 people. A high proportion of open space in Ku-ring-gai comprises natural areas with a total of 2,895ha equivalent to 91% of the total open space network or 23ha per 1,000 people.

· Ku-ring-gai has a comparatively high provision of sports spaces - Ku-ring-gai LGA has a total of 190ha. of sports spaces making up 6% of the total open space network. Currently there is 1.5ha per 1,000 people provision of sport spaces in the LGA. based on the benchmark of 1ha per 1,000 people Ku-ring-gai is at least 50% above the minimum requirement of 124ha. of sports spaces to support the current population in 2021.

· Ku-ring-gai has a below benchmark provision of parks - Ku-ring-gai LGA has a total of 76ha. of parks making up 2.4% of the total open space network. Currently there is 0.61ha. per 1,000 people provision of park space in the Ku-ring-gai LGA. Based on the benchmark of 1ha per 1,000 people Ku-ring-gai is well below the minimum requirement of 124ha. of parks to support the current population in 2021.

How is open space distributed?

The needs study finds there is an inequitable provision of open space by type across Council’s three planning catchments as shown in Figure 4 below. The Southern Catchment of the LGA has the lowest provision for all open space types other than sports spaces.

Figure 4: Comparison of ha. per 1,000 provided by type and catchment (in 2021)

What did the community say?

· Unstructured recreation activities such as walking and bushwalking are Ku-ring-gai’s top recreation activities - Fun and enjoyment (90%), fitness and exercise (88%), and getting fresh air (88%) are the main reasons people use recreation spaces in the Ku-ring-gai LGA.

Walking (87%) and bushwalking (75%) are the most common recreation activities people in the Ku-ring-gai LGA undertake in a normal year.

· Trying new recreation activities is important for some Ku-ring-gai residents - One in three residents in the Ku-ring-gai LGA are interested in trying new recreational activities.

· Lack of time is a major barrier for participation in recreation activities - Lack of time (38%) was the main reported barrier preventing people from taking part in recreation activities.

· Parks, natural areas, and walking tracks and trails are the top priority for residents into the future - Residents want parks (81%), natural and bush areas (79%), and walking tracks and trails (76%) to be the main priority for future recreation planning.

Spaces where residents wanted more investment included walking tracks and trails (46%), natural and bush areas (46%), parks (43%), and play spaces for children (40%).

What did stakeholders say?

· Female participation in sports is growing, but facilities and amenities across the Ku-ring-gai LGA are not fit-for-purpose - We heard throughout stakeholder interviews that female participation in sports is growing, but facilities and amenities across the Ku-ring-gai LGA are not fit-for-purpose.

· The majority of stakeholders rely on Council’s facilities to meet their sporting needs - 90% of responses to the stakeholder survey were from sporting organisations in the Ku-ring-gai area. Other stakeholders include schools, dog training and social/hobby groups. 95% of stakeholder survey respondents use Ku-ring-gai Council’s recreation facilities to meet their sporting needs, with sports fields, ovals and courts being the most popular facilities used.

· Stakeholders have concerns around renting, leasing and booking facilities - We heard throughout stakeholder interviews that stakeholders are concerned about renting, leasing and booking sport and recreation facilities.

· Participation trends vary across sports - 41% of stakeholder survey respondents reported that participation has typically increased over the last five years. 56% of stakeholder survey respondents felt that their organisation participation levels would increase in the next five years.

· Stakeholders want increased communication and partnership between Council and others - We heard throughout stakeholder interviews that stakeholders want better and increased collaboration with Council, other sporting organisations and schools.

· Quality of facilities is the biggest barrier to participation - Poor quality of sport and recreation facilities was reported as the biggest barrier to participation for stakeholder survey respondents (59%). Access to more sports fields across the Ku-ring-gai LGA and maintenance of sports facilities are the most common stakeholder needs.

Priorities of the Recreation Needs Study

The draft study has identified five priorities for Council’s open space and recreation network:

Priority 1 – New, improved, and welcoming parks for informal and active recreation

· Priority locations for new parks are along the train line where access is lowest and there is the highest population growth and density. However, where delivery of new parks is not feasible, Council can prioritise embellishments to existing parks, sports spaces and unconstrained natural areas to make them multi-purpose spaces to increase opportunities for informal recreation including quality amenities, outdoor fitness stations, BBQ’s and sheltered and social spaces, to gather and recreate.

Priority 2 – Increased capacity, quality, and flexibility of sport spaces

· As land for new sports spaces may not be feasible, there is a need to improve the capacity and quality of what Council already has, with quality identified as the biggest barrier to increasing sports participation (59% of stakeholders surveyed) including: inability to cope with wet weather; lighting, amenities, maintenance, safety, and unfit facilities for female participation.

Priority 3 – Increased provision of diverse and multipurpose recreation facilities

· Benchmarks, participation trends and community consultation indicate that there is a need for more diverse recreation facilities such as multi-purpose courts/hard-surfaced areas, outdoor fitness stations, and pump tracks to respond to age and cultural interests. For example, where there are 63 single- purpose tennis courts, there are 0 basketball courts across the LGA.

· Observations of some of Council’s tennis courts indicated that people are already using them for other recreational purposes, and consultation indicated a desire for more investment in outdoor courts, particularly basketball courts.

Priority 4 – Connect up and expand the open space networks with recreational links and loops

· The high provision of natural areas across the LGA provides the opportunity to increase recreational links for walking and cycling along streets and in neighbourhoods to connect up the recreational network.

· In particular where opportunities for new parks is limited, there is a need to provide recreational loops around local streets with facilities for play and fitness that increase opportunities for walking and activate neighbourhoods.

Priority 5 – Continue local and regional partnership and collaboration

· Given limited opportunities to increase the quantum of open space, there is a need to collaborate with private open space owners, such as golf clubs and schools, to potentially unlock recreational opportunities.

· Continued and increased partnership and information sharing between local clubs and neighbouring councils is also needed to effectively explore options for shared use of sports facilities to help grow participation, and to advocate regionally for regional-level sports spaces.

Key Outcomes of the Recreation Needs Study

· Population Trends - Ku-ring-gai’s population is growing and is more diverse.

This means planning for more diverse and equitable open spaces and recreation facilities that are designed for shared uses by children, older people, young people, and dog owners.

· Tailored and nuanced needs analysis - Recreation in metropolitan areas is evolving. Simply applying historical standards and benchmarks to determine needs will not address the unique issues facing metropolitan areas like the Ku-ring-gai LGA.

The complexity of data management, sporting provision, bookable spaces and utilisation of sporting facility means Council will need to develop a uniform set of definitions to accurately portray facility provision across the LGA.

· Land is limited, constrained and expensive - The primary limitation for Council in addressing identified needs is the limited availability, constrained ownership, and extremely high cost of land that is suitable for the provision of new open space and recreation facilities.

Limited and high-cost land means thinking differently about how to address open space gaps and improve recreational facilities that respond to changing community needs. New approaches include flexible and multi-purpose design for our recreation spaces network and the development of recreation links.

· People want more space to participate in informal recreation - The study undertook a statistically valid phone survey of residents. The survey found that fun and enjoyment (90%), fitness and exercise (88%), and getting fresh air (88%) are the main reasons residents use recreation spaces in the Ku-ring-gai LGA. Walking (87%) is the most popular recreation activity and other popular activities include picnics (64%), relaxing (58%), walking the dog (48%), fitness activities (44%), and running (44%).

This means prioritising investment in open spaces that support informal activities for all ages and abilities.

· Sports are still in high demand, but non-traditional sports are emerging - The needs study has found an increasing demand for spaces for informal social team sports, including emerging games such as padel tennis and pickleball, as well as demands for more spaces for women’s sports.

This means sports fields and sports spaces can no longer be single purpose or single code, to meet future needs they will need to provide for a range of users.

Review of supply and demand for sports facilities in the NSROC region

The Northern Sydney Regional Organisation of Council (NSROC) is currently undertaking a review of supply and demand for sports facilities in the NSROC region. This review follows the 2017 review of the ‘state of play’ and the provision of sporting facilities across the region.

The report, which is in final draft form has identified a lack of provision of sports facilities in Ku-ring-gai which at first reading appears inconsistent with the findings of Council’s needs study. However, it is not possible to compare the results of the two studies as the NSROC study uses a proprietary ‘Demand Assessment Model’ with different assumptions and data bases. The following are key differences:

- Population forecasts – the NSROC report forecasts to 2036 whereas Council’s needs study forecasts to 2041;

- Sportsgrounds - the total number of Council owned or managed sportsgrounds in the NSROC inventory (Appendix 2 page 66) is under-estimated and includes both private and government school sportsgrounds (which the needs study excludes);

- Outdoor Courts - the number of outdoor courts in the NSROC inventory is significantly underestimated and includes private facilities (which the Needs Study excludes);

- Indoor Speciality Facilities - the NSROC inventory includes private facilities (which the needs study excludes) as well as Council owned community centres (which the needs study excludes because they are not considered recreation facilities).

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P6.1.1 A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities

P6.1.1.7 Progressively review Plans of Management for Community Lands

Governance Matters

A long-term objective of Council’s Community Strategic Plan – Our Ku-ring-gai 2038 is to ensure that recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

The Ku-ring-gai Local Strategic Planning Statement (KLSPS) builds on the community values expressed through the Community Strategic Plan – Our Ku-ring-gai 2038. Under the themes of Liveability – Open Space, Recreation and Sport; and Sustainability – Open Space.

Ku-ring-gai Local Planning Priorities:

· K17. Providing a broad range of open space, sporting and leisure facilities to meet the community’s diverse and changing needs;

· K18. Ensuring recreational activities in natural areas are conducted within ecological limits and in harmony with no net impact on endangered ecological communities and endangered species or their habitats;

· K19. Providing well maintained, connected, accessible and highly valued trail networks and recreational infrastructure where locals and visitors can enjoy and connect with nature; and

· K20. Developing and managing a network of sporting assets that best meet the needs of a growing and changing community.

Ku-ring-gai Local Planning Action:

· Undertake an integrated open space and recreation strategy to be completed within the medium term

The Recreation Needs Study will inform the Open Space and Recreation Strategy and will assist Council in meeting the objectives, by providing a comprehensive framework which will assist Council to manage its open spaces and prioritise funding and resources within budgetary and maintenance constraints.

Risk Management

Council’s current plans and strategies relating to recreation are:

· Recreation Needs Analysis Study, 2001

· Sport in Ku-ring-gai Strategy, 2006

Both documents are outdated and in need of updating.

Without a contemporary recreation needs study based on sound research Council risks making ad hoc decisions in relation to open space and recreation needs and priorities.

Financial Considerations

The needs study has no direct financial implications for Council.

The needs study will inform an open space and recreation strategy which will have an impact on the delivery of capital and operational projects, drawing on both financial and staff resources.

Staff resources will be dedicated to the development of the open space and recreation strategy primarily from Urban Design team.

Funding outcomes from the strategy will need to be developed through Council Long Term Financial Plan, sourcing investment through Council’s Section 7.11 contributions plan, existing capital works program, and external sources such as government grants.

Social Considerations

Recreation caters for a range of passive and active leisure activities for fun, relaxation, health and wellbeing and all have an important social role in connecting people, families and the community.

Key Social benefits of recreation and open space include:

· Social connection - space for the community to meet each other and interact, as well as come together to share and celebrate. AusPlay identifies that sport provides opportunities for diverse groups to meet and interact and build relationships and understanding.

· Creative and Cultural Expression - opportunities for formal, organised events as well as informal gatherings; performance spaces and spaces to create, and places where the community can build a sense of common identity. Recreation activities can also be a form of cultural expression. For example, playing a traditional sport, or performing a traditional dance.

· Reduces the risk of health conditions and improves social and emotional health and wellbeing - Participation in recreation has benefits across the life stages:

o For children and young people, participation in regular physical activity has benefits for physical and mental development; psychological benefits including improving the symptoms of anxiety and depression, and reduction in youth offending and anti-social behaviour.

o For older people, participation in physical activity is important for healthy ageing and social connection.

· Mental Health - living in a city can increase people’s risk of mental illness, living close to green space is shown to have positive impacts on mental health. Access to green space is linked to increased physical activity, relaxation, social interaction, stress reduction and mental health benefits across all ages, socio-economic groups and genders. However, it is the quality and variety of green space that is important, rather than the amount or number of spaces

Environmental Considerations

Open Space provides well documented benefits:

· Open space is an important resource to protect and build biodiversity - Natural areas include areas of biodiversity importance. Planning for open space and recreation needs to balance the community’s recreation needs with fragile conservation areas.

Ku-ring-gai’s parks constitute a significant section of Council’s open space reserve system. Many of our parks are associated with natural areas and sportsgrounds that provide environmental functions including habitat and bio-linkage opportunities for flora and fauna.

· Open space supports resilience to environmental shocks, which is increasingly important in a climate changed world - open space with permeable surfaces such as grass and soil can help to reduce and manage flooding and the impact of more severe heavy rain events, which are predicted to increase in intensity with climate change, temporarily storing water, and aiding with infiltration.

Green spaces with tree cover can act as urban “cool rooms”, reducing the ambient temperature and the urban heat island effect. Every 10 per cent increase in tree canopy can reduce land surface temperatures by 1 degree Celsius.

Our parks also provide attractive visual amenity with native vegetation and landscaping which breaks up the urban landscape. In addition to this, the vegetation and canopy trees on our parks provide microclimate effects to the local area through mitigating wind velocity and the heat island effect created within urbanised areas.

Community Consultation

The development of the recreation needs study has involved extensive community consultation with both the community and sporting groups. In addition, Councillor Workshops have assisted to inform and provide direction to the study.

Phase 1 of the community consultation undertaken, was to understand what the community valued and used for recreation. This was facilitated through a detailed and statistically valid survey and community engagement plan.

The purpose of the Phase 1 community consultation was to:

· capture the views of a wide range of community members and stakeholders;

· explore a vision with the community that reflects the needs and aspirations for sport and recreation in the area;

· discover community and stakeholder priorities (current and future), for sport and recreation in the area;

· understand the importance of recreation for community members;

· understand the challenges and barriers associated with participating in sport and recreation; and

· communicate with the community about future planning and how the Recreation Needs Study can address recreation needs.

The Community Engagement Report summarises the findings from the community and stakeholder engagement undertaken. The engagement findings along with other detailed technical studies including sports participation and utilisation data have helped to inform the Recreation Needs Study.

Refer Attachment A2 – Community Engagement Report.

Council’s Phase 1 engagement with the community is summarised in the table below.

Table 1 – Community Engagement Summary

Type	Dates	Details	Participants
Community Engagement
Community telephone survey (statically valid)	17-27 June 2022	Conducted by Micromex	402 responses
Online Community Survey	29 June to 30 July 2022	Available on Council website	946 responses
Stakeholder Engagement
Stakeholder Survey	30 June to 27 July 2022	Available on Council website	51 responses
Stakeholder Interviews	July to August	Held online via Zoom across August 2022	14 interviews
			Total: 1413 engaged

Following endorsement of the draft Ku-ring-gai Council - Open Space and Recreation Needs Study by Council, the document will be placed on public exhibition for a minimum period of 28 days. During this time, feedback will be sought from the community on the draft document, with the findings reported back to Council.

Internal Consultation

Other sections of Council been advised of the development of the recreation needs study and have been consulted where relevant, for the provision of data to inform the study.

The first Councillor briefing on the project was held 30 May 2022, outlining the core objectives of the project, challenges and seeking Council Feedback on the desired outcomes of the study.

A Councillor briefing on the key findings of the draft recreation needs study, as presented by Cred Consultants, in conjunction with Council staff was held on 11 May, 2023.

Summary

The draft report has a number of interesting findings:

· Ku-ring-gai has a comparatively high provision of sports spaces;

· most of Council’s turf fields are operating below capacity;

· there is a need to improve the capacity and quality of existing sports fields;

· Ku-ring-gai has a below benchmark provision of parks;

· Council will need to manage its sportsgrounds as multi-purpose spaces;

· Ku-ring-gai has an over-supply of public tennis courts;

· Ku-ring-gai has no full-size outdoor basketball courts;

· Ku-ring-gai has enough netball courts to meet demand;

· Ku-ring-gai needs more recreation facilities for young people;

· Ku-ring-gai needs more civic/urban spaces;

· Ku-ring-gai needs more indoor recreation centres and aquatic facilities; and

· Golf Courses occupy a significant portion of open space land.

Council endorsement is sought, to place the draft Ku-ring-gai Council - Open Space and Recreation Needs Study on public exhibition.

Recommendation:

A. That Council endorse the draft Ku-ring-gai Council - Open Space and Recreation Needs Study as attached to this report for public exhibition.

B. That the results of the public exhibition be reported back to Council.

Craig Johnson

Strategic Recreation Planner

Louise Drum

Urban Design Project Coordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Draft Recreation Needs Study - May 2023		2023/172988
	A2	Recreation Needs Study Engagement Report	Excluded	2022/296720

Ordinary Meeting of Council - 20 June 2023	GB.13 / 1

Item GB.13	S13590

The Glade Landscape Masterplan - Post Site Inspection

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.

background:	The draft Landscape Masterplan for The Glade, Wahroonga has been reported to Council on three (3) separate occasions: - OMC June 2022 – For Exhibition - OMC September 2022 - Post Exhibition - OMC November 2022 - Post Site Inspection A site inspection was held with the Councillors on Thursday, 20 October 2022 and the outcomes of the site inspection were reported to Council on 15 November 2022, item GB.17. The resolution stated: “That this matter be deferred to allow for consultation with relevant stakeholders.” This report documents the outcomes of the on-site information session held at The Glade on 28 March 2023 and submissions arising.

comments:	Further stakeholder consultation has been carried out in relation to The Glade Landscape Masterplan. An on-site information session and online platform were provided to deliver further information regarding the proposed concept for field lighting. This report outlines the consultation process and feedback received.

recommendation:	That Council adopt The Glade Landscape Master Plan Report, May 2023 as attached to this report

Purpose of Report

To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.

Background

The draft Landscape Masterplan for The Glade, Wahroonga was reported the June 2022 Council meeting where it was endorsed for exhibition. The resolution stated:

A. That Council adopt The Glade draft Landscape Masterplan for public exhibition.

B. That following exhibition a final draft Landscape Masterplan, incorporating community comment, be reported back to Council.

Following public exhibition, The Glade draft Landscape Masterplan was reported to the OMC on September 20, 2022, item GB9. The resolution stated:

“That the matter be deferred for an inspection of the subject site.”

A site inspection was held with the Councillors on Thursday, 20 October 2022 and a report consolidating the original reporting for the masterplan and the outcomes of the site inspection was submitted to the OMC on Tuesday, 15 November 2022, item GB.17. The resolution stated:

“That this matter be deferred to allow for consultation with relevant stakeholders.”

This report documents the outcomes of an on-site information session held at The Glade on 28 March 2023.

Comments

To address the Council resolution from 15 November 2022 staff held an on-site information session for stakeholders. The event was held at The Glade from 7:15 – 8:15pm on Tuesday, 28 March 2023. Councillors were invited to the information session as observers. Two Councillors were in attendance on the evening.

The information session was supported by an online platform and mail out of information. A ‘Your Say’ page was established which included the masterplan and the lighting concept diagrams allowing people to comment or ask questions, and notification to surrounding residents and sporting user groups was sent via mail and email. A consolidated summary of the consultation is detailed in the COMMUNITY CONSULTATION section of this report, along with the verbatim responses received at Attachment A3.

A lighting design for the sports field was developed by a lighting specialist. The plans detail the lighting needed to meet sports guidelines while at the same time minimising light spill. The plan includes 4 x 25m high poles with LED lighting (LED Raptor Floodlight) which has been selected as it causes much less glare and has less impact on the local area. The concept provided is compliant with Australian Standard AS4282 for Obtrusive Light. The conceptual lighting plan prepared by the consultant is included as Attachment A2.

Stakeholders and Councillors met with Council staff at the tennis shelter adjacent the multi-use courts at 7:15pm. The material published as part of the consultation process was available in large format hard copy for attendees to review.

The event provided the opportunity for residents and sporting user groups to ask questions regarding the conceptual lighting plan for the field. The event was well attended by approximately 25 people. Attendees included residents and representatives from local football associations.

All attendees expressed their support for improvements to drainage and field condition. However, residents were strongly opposed to the lighting proposal due to concerns about obtrusive light into residences, increased noise, safety around parking and traffic flow, and potential impacts on wildlife. Sporting users expressed their support for proposed lighting based on limited venues to train on resulting in the need to hire private facilities. Some attendees expressed their concern over the proposed relocation of the toilet block to the eastern side of the field. The discussions reinforced submissions made through the public exhibition and public forums.

The information session concluded at 8:15pm.

Issues raised in submissions

The ‘Your Say’ online platform attracted 23 submissions, and there were 38 email submissions received. Feedback received as part of consultation has been included in a table in Attachment A3.

All submissions have been reviewed and no new issues have been raised that have not been previously addressed and reported to Council.

Issues raised at the on-site information session

The following issues were raised at the on-site information session that have not been previously addressed.

Issue 1 – Inconsistent decision making by Council

Claim

A resident from an adjoining property claims that their application for lighting of a private tennis court was refused by Council as part of their DA application. The resident suggests that Council’s proposal for field lighting should therefore not be approved on the same grounds.

Officer’s Response

Officers have investigated this claim and have not found any record of an application to install lighting to a tennis court at the subject property. The relevant documentation is publicly available on Council’s DA Tracker on the website.

Council has a clear policy position in its DCP which prohibits lighting of tennis courts on residential properties. In contrast, lighting of sportsgrounds has very different considerations whereby Council is required to balance the needs of individuals with the demands for growing sporting participation in the region.

Council’s current sports facilities are perceived as being in generally poor condition and in need of improvement. For Council to meet its obligations to offer suitable sporting facilities to meet the demand for organised sports, existing facilities will need to increase capacity and utilisation. For The Glade, this includes field upgrades to improve drainage, and the provision of additional lighting for evening training subject to due diligence and a detailed design process.

Issue 2 – Covenants on land title limit what Council can do

Claim

A resident claimed that there are covenants on the properties associated with the various Lots and DPs attributed to The Glade and that these covenants mean that field lighting is not allowable.

Officer’s Response

Land was acquired by Council in the past to expand The Glade and any covenants that were associated with these properties were extinguished during the transfer of ownership. Research indicates that the covenants mainly related to drainage easements and would not restrict or limit Council’s proposal to install field lighting.

Issue 3 – Proposed field lighting of The Glade will cause similar levels of disturbance as field lighting at Abbotsleigh School

Claim

A number of residents expressed concern about the impacts of flood lighting at Abbotsleigh School synthetic playing field and that the proposed lighting of the Glade would cause similar levels of disturbance.

Officer’s Response

The lights at Abbotsleigh School were installed approximately 10 years ago. The permitted hours of operation for the lights are to 8:45pm (9pm to allow for pack up), 7 days per week.

Council’s proposal for lighting of The Glade would operate under the Generic Plan of Management – Sportsgrounds. The allowances for lighting include:

Organised Sports Competitions – Saturday 8.00am –8.30pm (with lights permitted until 9.00pm for pack up) Sundays 9.00am-6.00pm for up to 15 Sundays per season.

No more than two weekday evenings until 9.00pm (with lights permitted until 9.30 pm for pack up) Subject to any facility specific operating hours or usage caps.

Or subject to hours approved in a specific event or facility individual Development Application conditions.

Organised Sports Training – 7 days a week, 8.00am – 6.00pm or 9.30pm if floodlit.

All sportsgrounds will have a minimum one rest night per week. For weekend use only one of the weekend days may be used all day throughout a season and a maximum of 15 days per season on the other day.

The hours of organised sport competition usage is less than Abbotsleigh College and therefore the level of impact is not comparable.

The lights at Abbotsleigh School are understood to be older halogen fittings that whilst compliant with Obtrusive lighting standards they do not have the same performance ratings as new modern LED technology. Furthermore, the LED luminaries proposed for The Glade have significantly greater directional control and shielding and therefore the level of impact is not comparable.

The Glade is a low point in the local topography which will aid in reducing light spill. By comparison Abbotsleigh School is located on an elevated location making control of light spill more difficult particularly with older technology.

Landscape Master Plan

No further amendments are proposed as a result of further consultation with stakeholders.

Field lighting is proposed to be included in the landscape masterplan. Feedback from the public exhibition (Phase 2 consultation) expressed both opposition and support in relation to installation of LED field lighting. In total there were 6 submissions that objected to the inclusion of LED field lighting, and 3 in support of lighting. This number is considered relatively low given there was 290 downloads of the master plan, 30 completed surveys, and 6 email submissions.

Inclusion of field lighting will allow more use of the field by sports groups as well as other recreational users. It will allow more use of the sports amenity and conversely assist in reducing the impact on other fields with more intensive use. This sharing of field capacity will over time allow Council to manage all sporting facilities in a more sustainable manner. LED technology will ensure light spill to adjoining residences will be kept to an absolute minimum and mitigate potential adverse effects on neighbouring natural areas.

The amount of lighting and hours of operation will be subject to further investigation in relation to carrying capacity of the site and car parking provision. Council’s Recreation Needs Study provides further guidance on the need for facilities, such as The Glade, to accommodate additional usage.

Supporting Evidence

Initial research from the Northern Sydney Regional Organisation of Councils (NSROC) Regional Sportsground Strategy Review (December 2017) indicates that field lighting will be critical in addressing the need to cater for growing sporting participation in the region. Key trends identified in the report include:

Generic Trends

The following general trends influencing the use of sport and recreation facilities and parks are evident:

· There is a greater demand for floodlighting of facilities so that people can participate at times that are convenient to them or to reduce exposure to the sun.

Outdoor Playing Fields

In relation to outdoor playing fields, the following trends are evident:

· Lighting of playing fields, compliant with Australian Standards and/ or sport-specific standards and increasingly the desire for LED lighting to enhance cost savings is increasing in importance.

Implications of Trends for Facility Planning

· Local government will have an increasingly important role in improving health outcomes by enabling residents to be more physically active;

· lighting of playing fields and parks for safety and/ or to extend their usage and functionality will be increasingly important. Evening competitions are likely to continue to grow; and

· lighting of playing fields should use contemporary technology to maximise operating viability and minimise impacts on neighbouring residents.

The report also identifies that one of the key objectives for addressing the supply and demand issue of sportsgrounds is increasing the carrying capacity of existing facilities. The recommendations for exploration include:

· Installing lighting on presently unlit areas to allow for night training and competition;

· upgrading lighting of existing areas to promote more even use of the ground and allow night competitions.

The priorities identified as part of the feedback received include improvements to drainage, and the upgrade of the track from Koora Avenue to Tanderra Street as an accessible path.

The final iteration of The Glade Landscape Masterplan is provided at Attachment A1 and shown in Figure 1 below.

Figure 1 - Landscape Masterplan Plan

integrated planning and reporting

THEME 3, Issue P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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.

P6.1.1.2: District Park landscape masterplans are prepared to inform the forward Open Space Capital Works Program

Governance Matters

There are two plans of management which govern the activities and management of The Glade:

· Generic Plan of Management – Sportsgrounds (2023); and

· Generic Plan of Management – Natural Areas (2017).

Council is currently updating the Generic Plan of Management – Natural Areas in line with the Local Government Act and the Crown Lands Act. The masterplan is consistent with the adopted Generic Plans of Management.

While there is no statutory obligation to prepare landscape masterplans for any council facilities, as a matter of best practice this Council prepares landscape masterplans for “district parks” and “regional parks”. Council develops landscape masterplans to be open and accountable for its long term plans for particular spaces and facilities and to assist in developing grant applications for augmentation of otherwise limited Council budgets.

The Glade is classified as a district park because of its size, location, large areas of public recreation space, and its unique landscape character and heritage. The draft Greener Places Design Guide (Government Architect New South Wales) outlines that a District Park is:

· is distributed to allow for a 2km catchment of most houses;

· serves several neighbourhoods;

· has users that are willing to drive up to 30 minutes to access the park;

· has 50% road frontage to support visibility and accessibility;

· has extensive recreation space, and often operates as a sporting facility;

· contains local and destination play space opportunities, including large active spaces for youth;

· contains picnic and gathering spaces for large groups, and;

· may contain exercise equipment stations.

The provision or night lighting and synthetic surfacing is not inconsistent with a district level facility.

Risk Management

Risk management issues associated with The Glade Landscape Masterplan have been addressed in preceding reports.

Financial Considerations

Financial considerations associated with The Glade Landscape Masterplan have been addressed in preceding reports.

Social Considerations

Social considerations associated with The Glade Landscape Masterplan have been addressed in preceding reports.

Environmental Considerations

Under Part 5 of the Environmental Planning and Assessment Act 1979, Council has a responsibility to consider the likely environmental impact of any proposed activity.

The embellishment works proposed in the Landscape Masterplan are listed as exempt development under SEPP – Infrastructure, Clause 66 (1) (a) (i), (iv). Council’s environmental assessment processes will be followed as determined by site requirements and an environmental assessment will address all relevant environmental impact issues. The environmental assessment will be prepared by Council’s Natural Areas Officers and approved by Director Strategy & Environment and Director Operations, following the adoption of the masterplan during the detail design process prior to construction.

An approved masterplan is not required for the provision of sportsfield lighting.

Community Consultation

Community consultation and engagement for this project has been delivered as a three-phase process:

· Phase 1 - delivered in March 2022 was designed to gather community opinions about the park. Outputs of this phase were used to inform development of the draft Landscape Masterplan which was reported to the Ordinary Meeting of Council on 28 June 2022.

· Phase 2 - engagement (public exhibition) sought feedback on the draft Landscape Masterplan through July/August 2022 to help ensure the final document meets the needs and expectations of the local community. Outcomes of this phase were reported to OMC on September 20, 2022.

· Phase 3 – As required by Council resolution from the November 2023 OMC, engagement with relevant stakeholders was conducted in March 2023 to explore the conceptual field lighting plan.

Phase 3 Engagement - Draft Landscape Masterplan – Concept Lighting Plan

A community engagement page was created on Council’s online community engagement hub which included the masterplan and diagrams illustrating the lighting concept which aim to provide a clear picture how the lighting would work and affect neighbouring properties. Phase 3 engagement occurred between Monday 6 March and Monday 3 April 2023.The engagement hub page received 560 page view from 342 unique visitors.

Mail and email correspondence was sent to neighbouring residents and sporting user groups to promote opportunity to have a say. This included a letter, and information sheet with a link to engagement hub page. Respondents were encouraged to review the material and provide comment or ask questions. 23 submissions were received via on the online submission tool, and 38 email submissions were received during the consultation period. Feedback received as part of consultation has been included in a table in Attachment A3- All submissions have been reviewed and no new issues have been raised that have not been previously addressed and reported to Council.

An on-site information session with stakeholders and Councillors was held at The Glade from 7:15 – 8:15pm on Tuesday, 28 March 2023. Councillors were invited to the information session as observers. This session was offered to complement the online survey and mail out as part of Phase 3 consultation at a time and place where existing LED lighting was being used. The event was attended by approximately 25 people including neighbouring residents, representatives from local football associations, two councillors and four Council staff. Discussions were held in relation to proposed field lighting and other masterplan features. Residents were strongly opposed to the lighting proposals, while representatives from football associations were in support.

Internal Consultation

Internal consultation has been undertaken in the process of preparing the landscape masterplan with relevant staff in Community, Strategy and Environment, and Operations.

Summary

Further stakeholder consultation was conducted throughout March 2023 following an exploration of conceptual lighting options for the field.

This report summarises the finalisation of the plan including the amendments made and seeks endorsement of the final landscape masterplan for the reserve. All amendments discussed in this report have been included in the Glade Landscape Masterplan (provided at Attachment A1) which is now ready for Council consideration and adoption.

Recommendation:

That Council adopt The Glade Landscape Master Plan Report, May 2023 as attached to this report.

Fleur Rees

Senior Landscape Architect

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

William Adames

Community & Business Engagement Co-ordinator

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	THE GLADE Landscape Master Plan Report May 2023	2023/168405
	A2⇩	Sylvania Schreder Lighting Concept The Glade	2023/168078
	A3⇩	The Glade Consolidated Submission Responses - Phase 3 - Appendix for Report	2023/168696

Ordinary Meeting of Council - 20 June 2023	GB.14 / 1

Item GB.14	S13787

Queen Elizabeth Reserve, Lindfield - Landscape Masterplan - Post Exhibition Report

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement of the Landscape Masterplan for Queen Elizabeth Reserve, Lindfield.

background:	The draft Landscape Masterplan for Queen Elizabeth Reserve, Lindfield was reported the December 2022 OMC where it was endorsed for exhibition. The draft landscape masterplan was placed on public exhibition during March 2023 and feedback received from the community has been incorporated into the finalised plan.

comments:	The draft Queen Elizabeth Reserve Landscape Masterplan was placed on public exhibition during March 2023. Feedback received from the community has been incorporated into the finalised plan. This report summarises the finalisation of the plan including issues raised by the community and recommended amendments arising.

recommendation:	That Council adopt the Queen Elizabeth Reserve Landscape Masterplan Report, May 2023 as attached to this report and retain the shared facility on Queen Elizabeth field with timed usage for the dog off-leash facility as follows: a) Summer (1 September – 31 March) hours between 6.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash. b) Winter (1 April – 31 August 31) hours between 4.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

Purpose of Report

To seek Council’s endorsement of the Landscape Masterplan for Queen Elizabeth Reserve, Lindfield.

Background

The draft Landscape Masterplan for Queen Elizabeth Reserve, Lindfield was reported the December 2022 OMC where it was endorsed for exhibition. The resolution stated:

A. That Council adopt Queen Elizabeth Reserve draft Landscape Masterplan for public exhibition.

B. That as part of the public exhibition process alternative locations for basketball facilities within the park area be presented for public comment.

C. That following exhibition a final draft Landscape Masterplan, incorporating community comment, be reported back to Council.

Comments

The draft landscape masterplan was placed on public exhibition during March 2023 and feedback received from the community has been incorporated into the finalised plan. This report summarises the finalisation of the plan including the amendments made and seeks endorsement of the final landscape masterplan for the reserve.

The Queen Elizabeth Reserve Landscape Masterplan is provided at Attachment A1 and Figure 2 below.

Summary of key Issues raised in Public Exhibition

The top ten issues raised in the submissions were as follows:

1. Opposition to removal of shared dog off-leash facility from field

2. Opposition to St Cripsins and Jinkers Greens as alternative dog off-leash area

3. Opposition to onsite alternative locations for dog off-leash

4. General support for Masterplan

5. Support football field only - no shared use with dog off-leash

6. Supporting remediation of the field surface

7. Supporting better enforcement of field repairs by dog owners

8. Support for improved signage outlining times for sporting fixtures and dog owner responsibilities

9. Support for proposed alternative dog off-leash areas on site

10. Support inclusion of full court basketball

The community feedback received has guided the preparation of the final landscape masterplan and, whilst it is not possible to implement all of the community’s ideas, the amended landscape masterplan has sought to provide a balanced solution considering the many and varied opinions expressed during consultation with available funds. An engagement report consolidating the feedback received is included at Attachment A2.

The full summary of feedback received from the community can be found in Attachment A2.

Amendments to the Landscape Masterplan Following Public Exhibition

Following the public exhibition of the draft landscape masterplan, the proposed amendments are:

1. Inclusion of a multi-hoop basketball option adjacent to the exercise equipment area;

2. Retention of the shared use as a sports field and dog-off leash facility with timed usage;

3. Field lighting upgrade;

4. Rationalisation of the perimeter path around the field;

5. Inclusion of Environmental Management Plan in masterplan document.

The descriptions below provide a summary of the rationale for the amendments.

Basketball Facilities

Options for basketball facilities were put forward as part of the public exhibition and included:

· a full court located in the current multi-use court location;

· a half-court option at the western end of the internal car parking area; and

· a multi-hoop facility located where the existing exercise stations area;

The strongest level of support was received for a full court facility however noise from basketball facilities also rated as an area of concern for local residents.

No official guidelines exist specifically relating to noise and the location of basketball facilities and residential properties. Draft best practice guidelines have been produced this year by the Western Australian Department of Sport and recommend that full and half court facilities not be located within 100m and 80m respectively of residences. Based on this guidance a full court cannot be accommodated within the reserve. As such, two basketball facilities are incorporated in the masterplan:

- a new multi-hoop facility located centrally in the park near the playing field; and

- installation of a permeable backboard (manufactured from sound dissipating material) to the existing multi-use court to reduce noise impacts on adjoining residents.

Shared dog off-leash facility

A number of options for dog-off leash facilities were explored as part of the public exhibition. This included both on-site alternatives and off-site locations. The responses received indicated that the strongest level of support was for the retention of a shared facility in its current location on the sports field.

The feedback received through both phases of consultation indicated that the current field condition is poor with holes caused by dogs digging on the playing surface, owners not cleaning up after their dogs, and water-logging due to insufficient drainage. Grounds staff have indicated that the soil profiles are insufficient to support healthy turf establishment and continued growth and that access for maintenance and turf repair is difficult due to the off-leash facility. The ongoing cost of field repairs is in the order of $4,000 per year to fill holes and re-lay turf.

In discussion with Operations staff an alternative arrangement for timed utilisation of the field has been put forward. One of the main maintenance problems currently is that dog walkers can use the field at any time which curtails access to the area with machinery to prepare the ground and lay turf. Turfing larger sections at a time is the preferred method rather than patching which generally does not work. Limiting dog-off leash activities would allow for Council maintenance staff to better repair damage caused by dogs.

Upgrades to the field condition have been highlighted by both internal staff and residents as a priority, however current funding would be insufficient to complete the required full-scale field refurbishment. This would necessitate additional funding, most likely from grants.

To balance the needs of multiple stakeholders including dog owners utilising the off-leash facility, casual users of the field, organised sports users, and Council maintenance staff it is recommended that Council implement timed usage for the for the dog off-leash facility.

This report recommends that dog off-leash times be limited to the following hours:

- Summer (1 September – 31 March) between 6.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash. This allows 2-3+ hours of light in the evenings and similar in the mornings

- Winter (1 April – 31 August 31) between 4.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash. This allows up to 1.5 hours of light in the evening and approx. 4 hours in the mornings

To support improved maintenance and general field conditions, the following measures are also recommended:

- additional signage outlining regulations and owner responsibilities, including the hours the sports ground is booked and off-leash hours; and

- community information sessions with Council’s Companion Animals Officer.

Additionally, it is recommended the following be undertaken:

- surveys with community and maintenance staff after 12 months to determine the level of satisfaction with the facility;

- a review of the field condition after 12 months.

Lighting

Queen Elizabeth Reserve is one of the few sportsgrounds within the LGA to have field lighting. As part of Council’s move towards Net Zero and achievement of sustainability goals, conversion of existing halogen lamps to LEDs will be prioritised as part of the masterplan works.

The proposal to light the tennis courts and basketball court has not been incorporated into the masterplan. The issue of field and court lighting requires a broader LGA-wide study to determine the most appropriate locations and funding mechanisms.

Adjustments to the perimeter path around the field

The eastern portion of the proposed path around the field has been removed from the plan as this circuit can now be accommodated by the newly constructed footpath along Bradfield Road. This will provide additional field over-run allowance.

Environmental Management Plan

A reference to the site specific Environmental Management Plan and the Site Management Plan for the reserve have been included in the landscape masterplan report document. These documents set out the protocols surrounding safe work on-site in relation to asbestos contamination.

Landscape Master Plan - Description

A Landscape Masterplan for Queen Elizabeth Reserve has been developed which will prioritise works over the next 10 years. The draft landscape masterplan does not involve extensive changes to develop the park, but rather enhances it by introducing additional facilities to improve amenity, improve access and increase user comfort.

Figure 1. Location Plan

The landscape masterplan aims to conserve, protect and enhance the landscape character of Queen Elizabeth Reserve while improving the amenity and aesthetics of the park. The plan also attempts to balance the needs of multiple users which are sometimes in conflict.

The guiding principles are to:

· uphold good stewardship of the parkland;

· improve access to the park for all users and community groups;

· improve opportunities for community recreation, leisure and enjoyment;

· preserve and retain the distinctive landscape character that acknowledges heritage and history;

· maintain, improve and embellish existing park facilities and buildings whilst balancing the demands on the facilities;

· integrate sustainable and environmental infrastructure into park design;

· implement a risk assessment and crime prevention through environmental design;

· ensure sustainable on-going maintenance of the park and long-term viability;

· provide an implementation program for the development of the park including resource implications, estimated costs and priorities;

· focus Council resources to the areas that will deliver the greatest benefit to our residents, and;

· provide a holistic approach to design that allows for improvements to occur in stages as funding becomes available.

The landscape masterplan is a strategic document identifying priorities for improvements over the next 10 years. It will be monitored on an annual basis and reviewed as required.

Vision

The vision for Queen Elizabeth Reserve Queen is that it will maintain its character as a diverse recreation space, sensitively responding to its suburban and historic context. Improvements to active and passive recreation, and opportunities for socialisation will improve the park to the level required for a District Park.

Key Features

Queen Elizabeth Reserve Draft Landscape Masterplan is shown in Figure 2 below. Key features of the master plan include:

· a pedestrian path network around the field, connecting to facilities and park entries, and improved access throughout the park, particularly east-west connections adjacent the courts and play space;

· installation of new park furniture including seats, bins, bubblers, dog bowls, and bike racks;

· retention of the existing field layout with a view to undertake upgrade works in the longer term subject to grant availability;

· retention of the shared off-leash dog facility with timed usage;

· upgrade to LED lamps on existing field lighting;

· creation of ‘No-mow’ zones, and expanded native plantings, including canopy tree replacement planting;

· retention of three existing tennis courts (1,2, & 3) and existing multi-use court (4) with sound attenuation;

· Inclusion of a 4-hoop basketball facility;

· retention and upgrade of children’s bike track;

· installation of an accessible, unisex toilet in existing amenities building;

· upgrade and expansion of the play space to provide fenced area with wider range of play opportunities, to be complemented by new shelters and picnic facilities;

· upgrade of existing exercise equipment facilities;

· removal of isolated play equipment pieces at the end of their serviceable life;

· improvements to existing memorial space;

· upgrade of the car park to provide an accessible parking space, installation of wheel stops, line-marking, upgrade of the existing barrier fence, and resurfacing; and

· replacement of existing barrier fences and improvements to existing retaining walls.

Figure 2. Landscape Masterplan Plan

integrated planning and reporting

THEME 3, Issue P6: Enhancing recreation, sporting and leisure facilities.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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.

P6.1.1.2: District Park landscape masterplans are prepared to inform the forward Open Space Capital Works Program

Governance Matters

Plans of Management

The plan of management which governs the activities and management of Queen Elizabeth Reserve is the Sports Facilities Plan of Management (2023).

Council has recently adopted the Generic Sportsground Plan of Management in line with the State Government requirements for Crown Land. Whilst not being Crown Land, the masterplan is still subject to the regulation of the plan of management and has been updated to reflect this.

Council’s Access and Disability Inclusion Plan 2020-2024 outlines its obligations under relevant disability inclusion legislation and its commitment to equitable access. Under the Disability Discrimination Act 1992, Council must provide ‘equitable and dignified access’ as part of a new facility. The landscape masterplan addresses these obligations by proposing the staged implementation of new accessible pathways including providing a perimeter path around the park, linking different activity areas within the park, investigating new accessible toilet facilities and an upgrade to the playground to provide an accessible and inclusive play space.

A primary objective of the landscape masterplan is to ensure the park is as accessible and inclusive as possible. This will be achieved by supporting the equality of access to the proposed facilities and by encouraging community inclusion through the creation of recreation opportunities for users of varying age, ability and background

Risk Management

The Queen Elizabeth Reserve Landscape Masterplan will assist Council to reduce risk. Current risks are exacerbated by the degraded condition of infrastructure, facilities and assets that also may not give equitable access to park users.

Poor field condition due to holes caused by dogs digging, dog faeces, and uncontrolled dogs pose significant health and safety risks to park users and maintenance staff. The inclusion of timed limitations for off-leash facilities will aid in mitigation of some of these risks by allowing additional time for maintenance works to be undertaken.

The Site Management Plan for the protocols associated with site works in areas of contamination provide guidance on safe work practices to any staff undertaking work on the site.

In developing the concept masterplan for the park, the existing trees on the site have been preliminarily assessed by an independent arboricultural consultant for tree health and safety. The finalised report has been reviewed by Council’s Tree Management Coordinator to ensure any risk and safety issues related to trees can be addressed as part of the project design. Further testing and reports will be incorporated as part of the detailed design process following adoption of the masterplan.

Financial Considerations

Council’s district park landscape masterplans are used in the preparation of the Parks Development Program in Council’s Delivery Program and annual Operational Plan. Each masterplan is staged to be implemented over several years.

The primary source of funding for the proposed works is the Ku-ring-gai Contributions Plan 2010 Works Programmes: Local parks, Local sporting facilities – Existing Open Space Embellishment that provides funding for the upgrade of Queen Elizabeth Reserve to improve amenity. Currently there is approximately $1,500,000 available for works associated with the master plan including design and project management. Funding is made up of approximately $920,000 for a new district level playground and $600K for general park upgrades.

Some works identified in the master plan are of an operational nature and may be completed within existing recurrent budgets. Additional funding from grants may also be used to supplement the budget, subject to award.

Potential funding sources from grants include:

· Places to Play;

· Community Building Partnerships;

· Grants offered by NSW Office of Sport (varies); and

· Grants for sustainable initiative including LED lighting.

Social Considerations

Community consultation highlighted the importance of the dog off-leash facility as important social asset for those members of the community who exercise their dogs at the reserve or who may not own a dog but appreciate observing the dogs and interacting with the owners.

This has also been highlighted through anecdotal evidence of increased park usage through the COVID pandemic to recreate outdoors in what is considered a safe environment.

Environmental Considerations

Under Part 5 of the Environmental Planning and Assessment Act 1979, Council has a responsibility to consider the likely environmental impact of any proposed activity.

The embellishment works proposed in the Landscape Masterplan are listed as exempt development under SEPP – Infrastructure, Clause 66 (1) (a) (i), (iv). Council’s environmental assessment processes will be followed as determined by site requirements and an environmental assessment will address all relevant environmental impact issues. The environmental assessment will be prepared by Council’s Natural Areas Officers and approved by Director Strategy & Environment and Director Operations, prior to construction

Community Consultation

Community consultation and engagement for this project is being delivered as a two-phase process. Phase 1, delivered in October/November 2022 was designed to gather community opinions about the park. Outputs of this phase were used to inform development of the draft Landscape Masterplan.

Phase 1 Community Engagement

In October/November 2022, Council sought feedback from the local community to help prepare the draft Landscape Masterplan for Queen Elizabeth Reserve. Notification letters and invitations to complete the online survey were sent to 550 local residents, in addition to direct emails to sporting user groups and casual tennis hirers. The feedback survey was also available online via the Council website.

A total of 226 feedback surveys were received. The insights from the feedback survey are summarised below.

Key words for what people appreciate about the park:

· open space;

· community;

· dog off-leash;

· trees;

· close-by; and

· sport facilities.

Typical users of the park:

· visit weekly, and spend between half an hour and two hours there;

· mostly attend to play sport;

· attend with family; and

· feel it is a positive place to socialise.

Following an analysis of respondents’ detailed comments, people would like to see the following prioritised in the Landscape Masterplan:

· improved field condition;

· retention of dog off-leash facility, however most respondents support separation of the field and off-leash dog facility;

· improvements to both amenities facilities;

· play space upgrade;

· basketball court;

· improvements to accessibility, including a perimeter path;

· more seating;

· improved shelters, picnic facilities, bubblers and bbq;

· car park resurfacing; and

· lighting improvements.

Residents appreciate the open, green and community focused aspects of Queen Elizabeth Reserve. They generally feel that there is a balance between the sports utilisation and the ability to use the park for unstructured recreation. The park provides good opportunities to socialise, and people appreciate the bushland feel of the setting.

Respondents would like to see additional seating, tables and covered areas, and upgrades to the amenities buildings and play space to promote inclusivity and accessibility. Whilst several submissions are supportive of the dog-off leash area, proportionally there was a stronger response in relation to owners not picking up after their dogs.

There were a few requests to upgrade parking, improve the lighting, and works to increase formalised planting around the park.

Respondents were critical of the field condition, citing holes and drainage as significant dangers.

Overall, as a district park, Queen Elizabeth Reserve rated 3 out of 5 stars with residents surveyed, there is a consensus that the park is generally well loved by residents, but that there are areas for improvement.

The responses to the user survey were reviewed and analysed and helped to inform the preparation of the Opportunities and Constraints mapping, and the draft Landscape Masterplan.

Phase 2 Engagement - Exhibition of draft Landscape Masterplan

Using outputs from Phase 2 engagement, the Landscape Masterplan has been prepared for Queen Elizabeth Reserve.

The community were able to provide feedback on the draft Landscape Masterplan via:

· online survey - hosted on Council’s online engagement platform;

· online discussion forum – hosted on Council’s online engagement platform; and

· written submissions.

The exhibition was promoted via:

· Council’s website;

· North Shore Times;

· Council’s social media channels;

· E-newsletters;

· direct contact with Phase 1 engagement participants;

· letterbox drop to notify local residents within a 500m radius of the park;

· signage and information in the park; and

· on-site information session held on 11^th March 2023.

The public exhibition process attracted a high level of engagement from the community. There were 300 online survey participants, including 20 online submissions, 40 email submissions and an additional 3 late submissions via email. The on-site information session was also well attended with an estimated 50 people engaging with Council staff, and Councillor Alec Taylor.

A full summary of Phase 2 Community Engagement is provided at Attachment A2.

Internal Consultation

Internal consultation has been undertaken in the process of preparing the landscape masterplan with relevant staff in Community, Strategy and Environment, and Operations.

A number of site meetings have been held with internal stakeholders, along with the circulation of the draft plan and finalised masterplan for comment. Feedback on the masterplan has been incorporated into the design.

Council’s Open Space Operations maintenance staff and supervisors have been consulted to determine maintenance issues and asset condition. The preliminary arboricultural report has been prepared and reviewed by Operations tree teams staff.

Internal consultation is supportive of the Landscape Masterplan. A Councillor site inspection was held on Monday, 28 November 2022.

Summary

The preparation of the landscape masterplan has developed in response to initial community consultation, incorporating elements identified as priorities for upgrade as part of this process. This initial community consultation was conducted in October/November 2022, and highlighted the need for improved field condition, improved accessibility in and around the park, renovation of amenities buildings, and an improved playground. The landscape plan has also been subject to rigorous internal stakeholder consultation and review through ongoing liaison and formal meetings.

The draft landscape masterplan was presented to the community as part of public exhibition during March this year. The public exhibition included traditional online and hardcopy correspondence, supported by an on-site information session.

Key issues raised in submissions included:

1. Opposition to removal of shared dog off-leash facility from field

2. Opposition to St Cripsins and Jinkers Greens as alternative dog off-leash area

3. Opposition to onsite alternative locations for dog off-leash

4. General support for Masterplan

Support football field only - no shared use with dog off-leash

5. Supporting remediation of the field surface

6. Supporting better enforcement of field repairs by dog owners

7. Support for improved signage outlining times for sporting fixtures and dog owner responsibilities

8. Support for proposed alternative dog off-leash areas on site

9. Support inclusion of full court basketball

Amendments proposed are:

· inclusion of a multi-hoop basketball option adjacent to the exercise equipment area;

· retention of the shared use as a sports field and dog-off leash facility with timed usage;

· field lighting upgrade;

· rationalisation of the perimeter path around the field ; and

· inclusion of Environmental Management Plan in masterplan document.

Results of the public exhibition feedback have guided the progression of the Landscape Masterplan document. All amendments discussed in this report have been included in the Queen Elizabeth Reserve Landscape Masterplan (provided at Attachment A1) which is now ready for Council consideration and adoption.

Recommendation:

That Council:

A. Adopt the Queen Elizabeth Reserve Landscape Masterplan Report, May 2023 as attached to this report.

B. Retain the shared facility on Queen Elizabeth field with timed usage for the dog off-leash facility as follows:

a. Summer (1 September – 31 March) hours between 6.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

b. Winter (1 April – 31 August) hours between 4.00pm and 10.00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

Fleur Rees

Senior Landscape Architect

Bill Royal

Team Leader Urban Design

William Adames

Community & Business Engagement Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Queen Elizabeth Reserve Landscape Master Plan Report May 2023		2023/168871
	A2	QE engagement report final (May 2023)	Excluded	2023/170950

[1] NSW Department of Education. Social media policy: Implementation procedures – November 2018

[2] As confirmed by the High Court of Australia in Fairfax Media Publications Pty Ltd v. Voller, Nationwide News Pty Limited v. Voller, and Australian News Channel Pty Ltd v. Voller, 8 September 2021.

Ordinary Meeting of Council - 20 June 2023	MM.1 / 1

Item MM.1	S09112/11

Ordinary Meeting of Council - 20 June 2023	MM.2 / 1

Item MM.2	S10762

Ordinary Meeting of Council - 20 June 2023	GB.6 / 1

Item GB.6	S11503

Ordinary Meeting of Council - 20 June 2023	GB.7 / 1

Item GB.7	CY00254/15

Ordinary Meeting of Council - 20 June 2023	GB.9 / 1

Item GB.9	CY00413/11

Ordinary Meeting of Council - 20 June 2023	NM.1 / 1

Item NM.1	EM00041/11

Ordinary Meeting of Council - 20 June 2023	NM.2 / 1

Item NM.2	S10577/5