Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 20 August 2019 AT 7.00pm

Level 3, Council Chamber

Agenda

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

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

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.14 – Tender RFT10-2019 – Playground Upgrade – Irish Town Grove

In accordance with section 10(2)(d)(iii)

Attachment A1: RFT10-2019 List of Tenders

Attachment A2: RFT10-2019 Tender Evaluation Report

GB.15 – Renewal of Lease to West Pymble Bicentennial Club

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

Attachment A1: Heads of Agreement

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 10

File: S02131

Meeting held 23 July 2019

Minutes numbered 124 to 133

minutes from the Mayor

Petitions

GENERAL BUSINESS

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

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

GB.1 Council Sponsorships 20

File: FY00275/11

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2019–2020 and for Council to approve all sponsorship requests over $5,000.

Recommendation:

That Council approve all sponsorship requests over $5,000 as outlined in this report.

GB.2 Policy Updates - Commercial Leasing, Acquisition and Divestment of Land, Easement Management, Planning Agreements 26

File: CY00473/6

To update various Council policies.

Recommendation:

That the following policies be exhibited for at least 28 days and reported back to Council.

1. Commercial Leasing Policy 2019

2. Acquisition and Divestment of Land Policy 2019

3. Easement Management Policy 2019

4. Planning Agreement Policy 2019

GB.3 Mayoral Donations for Financial Year 2018/2019 105

File: FY00275/11

To advise Council of the Mayoral donations made during the 2018/2019 financial year.

Recommendation:

That the report be received and noted.

GB.4 Investment Report as at 31 July 2019 109

File: FY00623/2

To present Council’s investment portfolio performance for July 2019.

Recommendation:

That the summary of investments performance for July 2019 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.5 Analysis of Land and Environment Court Costs - 4th Quarter 2018 to 2019 117

File: FY00623/2

To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2019.

Recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2019 be received and noted.

GB.6 Carried Forward Projects Expenditure - 2018/19 118

File: FY00259/12

To seek endorsement from Council to carry forward the attached list of 2018/19 projects into the current financial year.

Recommendation:

That Council approve the attached list of 2018/19 carried forward projects into the current financial year.

GB.7 Review of the Local Government Rating System Final Report (IPART) - Feedback on the recommendations of the final report 118

File: S06788/7

To advise Council of the final report on IPART’s review of the rating system for local government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

Recommendation:

That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of the Local Government Rating System - Final Report December 2016”.

GB.8 Naming of New Park at Allan Avenue Turramurra 118

File: S08531

To advise Council on the outcome of the Geographical Names Board meeting on 14 May 2019 and seek Council’s endorsement of the proposed naming for the new park at Allan Avenue, Turramurra.

Recommendation:

That Council endorses the re-submission of the originally proposed name “Boyds Orchard Park” to the Geographical Names Board for approval following their decision to reject the alternative proposed name “Westlake Park.”

GB.9 Road Naming - Hanson Way 118

File: S03211

To report on the proposal to name the new road in Gordon, “Hanson Way”.

Recommendation:

That the Council adopt the name for the new road as “Hanson Way” and notices be published in a local newspaper and the NSW Government Gazette.

GB.10 Letter of Support - Northern Suburbs Football Association (NSFA) - Greater Sydney Sports Facility Fund Application 118

File: S10508

To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.

Recommendation:

That Council provide a Letter of Support for North Suburbs Football Association’s (NSFA) grant application to the Greater Sydney Sports Facility Fund Program.

GB.11 Heritage Reference Committee Recommendations for Heritage Home Grants Applications - Financial Year 2019/2020 118

File: S11080

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants program for 2019/20. Further, that Council consider additional funding and administrative matters raised by the HRC in relation to the Heritage Home Grants program.

Recommendation:

That Council approves the grant applications as set out in this report for the Heritage Home Fund 2019/20; waives any applicable Minor Works approval fees required by successful funding recipients to undertake their projects; and as part of the preparation of the 2020/2012 budget considers an increase in the total funds available via its Heritage Home Grants program to $50,000 per year.

GB.12 Minutes of the Heritage Reference Committee 118

File: CY00413/7

For Council to consider the Minutes of the Heritage Reference Committee (HRC) meetings.

Recommendation:

That Council receives and notes the Heritage Reference Committee meeting Minutes from 28 June 2017, 24 July 2017, 5 April 2018, 3 May 2018, 26 July 2018, 13 September 2018, 22 November 2018 and 5 March 2019.

GB.13 Baseball/softball batting cage proposal at Sir David Martin Reserve (Auluba 3), South Turramurra 118

File: S04471

To update Council on the Kissing Point Baseball Club’s (KPBC) proposal to include a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra and seek endorsement to conduct community consultation for this provision.

Recommendation:

That Council provides approval to undertake community consultation for the inclusion of a batting cage at Auluba 3. Following the consultation period, a report will be prepared to Council which will include feedback from the community and seek final approval.

GB.14 Tender RFT10-2019 - Playground Upgrade - Irish Town Grove 118

File: RFT10-2019

To consider the tenders received for Playground Upgrade – Irish Town Grove and to appoint the preferred tenderer.

Recommendation:

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

GB.15 Renewal of Lease to West Pymble Bicentennial Club 118

File: S07455

To seek Council’s endorsement to grant a twenty-one (21) year lease to the West Pymble Bicentennial Club located at No. 2 Prince of Wales Drive, West Pymble in accordance with the terms set out in the confidential Heads of Agreement (Attachment A1).

Recommendation:

That Council grants a twenty-one (21) year lease to the West Pymble Bicentennial Club and authorises the Mayor and General Manager to sign the documentation and affix the Common Seal of Council to the Lease, subject to the terms and conditions of this report.

Motions of which due Notice has been given

NM.1 BGHF Regeneration Plan 118

File: S06843

Notice of Motion from Councillors Greenfield and Smith dated 2 August 2019

Since 1931 Ku-ring-gai Council has recognised the value of the BGHF and been protecting the BGHF reserves.

Even with the protection we can visibly see the reduction in the BGHF in the Turramurra / Pymble / Warrawee and Wahroonga areas. This valuable resource is critically endangered and on our watch we must take action to preserve and regenerate wherever possible before it is too late.

A bush regeneration program in Observatory Park, Pennant Hills over a 10 year period with cessation of mowing combined with weed removal has allowed a trebling of native species from 46 to 126 in 10 years. The emergence of many eucalypt saplings ensures the continued replenishment of the canopy. Mowing 6 times a year prevents the trees from developing and the shrub layer is sparse however reducing the interval to 6 months improved the native species regeneration.

What is Blue Gum High Forest

Blue gum high forest is a unique community of trees, shrubs, grasses and groundcovers that once covered large areas of the shale-capped ridge-tops of Sydney’s northern districts.

Why is it so important?

Blue gum high forest:

· is a unique assembly of plants, from giant trees to tiny ground orchids and grasses

· provides habitat and shelter for a range of native animals, including the grey-headed flying-fox and glossy black cockatoo, that are listed as threatened in the Threatened Species Conservation Act 1995

· is part of the distinctive landscape of the Sydney region, and is not found anywhere else in Australia

· provides a living link to ancient Australia

· contains trees that form hollows large enough to shelter animals such as the threatened powerful owl, parrots, possums and tiny insectivorous bats.

Today the invasion of weeds, nutrient-rich stormwater run-off, rubbish dumping, inappropriate fire regimes and mowing of plants are causing the forest to decline further.

Brief history of the St Ives forest

The St Ives blue gum high forest has a rich history

1867 - Thomas Brown purchased the land now known as Browns Forest. He chose not to develop it and willed it to his children (Blue Gum High Forest Group 2007).

1920 - The first Commissioner of Forests, Richard Dalrymple-Hay, purchased the forest for its historic interest and environmental educational purposes (Blue Gum High Forest Group 2007).

1931 - Ku-ring-gai Council, after a struggle with development proposals, purchased the land known as Browns Forest as a ’forest reserve for all time‘ (Blue Gum High Forest Group 2007).

1972 - Dalrymple–Hay was gazetted as a nature reserve (Department of Environment and Conservation 2004a).

1997 - Blue Gum High Forest has been gazetted as a critically endangered ecological community under the NSW Threatened Species Conservation Act 1995

2005 - Ku-ring-gai council unanimously agreed to allocate part-funding for the purchase of 100 – 102 Rosedale Road, St Ives, a Blue Gum High Forest area.

The Commonwealth Minister for Environment and Heritage listed the Blue Gum High Forest and the Turpentine Ironbark Forest in the Sydney Basin as critically endangered.

100 Rosedale Road was bought by the NSW Transport Infrastructure Development Corporation as an offset to compensate for 0.33 ha of Blue Gum High Forest destroyed as a result of upgrading Hornsby Railway Station and the property was transferred to the Department of Environment and Conservation.

2006 - Blue Gum High Forest St Ives was selected as a Threatened Species Demonstration Site. This endangered ecological community was the first of 11 sites within the Sydney Metropolitan Catchment Management Area chosen to showcase best practice management to ensure the long-term viability of threatened species, populations and/or ecological communities.

2007 - NSW Scientific Committee determined that the Blue Gum High Forest ecological community be listed as critically endangered, recognising the increased level of threat since it was listed as endangered in 1977 under the NSW Threatened Species Conservation Act.

102 Rosedale Road was purchased by Ku-ring-gai Council, assisted by $350,000 from the National Reserve System and over $72,000 in public donations.

References

https://www.step.org.au/index.php/campaigns/blue-gum-high-forest

https://www.environment.nsw.gov.au/resources/threatenedspecies/08185tsdsbluegum.pdf

http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.597.4230&rep=rep1&type=pdf

I, therefore, move that:

A. A report be brought to Council documenting the progress of regeneration, current plans and future plans, including:

a. what land has been put aside for regeneration

b. what controls and protection are in place and can be put in place to ensure the protection for future generations

c. education and support strategy for residents living near / alongside bushland previously BGHF by council to participate in the regeneration programs.

Extra Reports Circulated to Meeting

BUSINESS WITHOUT NOTICE

Questions With Notice

QN.1 Blue Gum High Forest 118

File: S06843

QN.2 Pedestrian Crossing at Lindfield Station Pacific Highway 118

File: S10973

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, 23 July 2019

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Acting Director Community (Virginia Leafe)

Acting Manager Records and Governance (Peter Doyle)

Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

Minutes Secretary (Sigrid Banzer)
Group Lead Major Projects (Geoffrey Douglas)

Project Manager (Juliet Byrnes)

Project Manager (Benjamin Hann)

Communications Advisor—Major Projects (Susanne Taylor)

The Meeting commenced at 7.02pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

Conflicts were declared by:

Councillor Sam Ngai declared a less than significant non-pecuniary conflict of interest with item GB1. He used to be a member of the KPMG Financial Modelling team twelve years ago, and he notes that their services were engaged in providing financial analysis for the Lindfield Village Hub. He has not been in contact with the KPMG Financial Modelling team since 2007, and he intends to remain in the chamber.

Director Watson declared a significant non-pecuniary interest for GB.1. Due to his specific statutory role in reporting a planning proposal to Council, he said he will leave the chambers so that he doesn’t listen to speakers.

124

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S12165-7-3

Resolved:

(Moved: Councillors Clarke/Greenfield)

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

GB.1 – LVH Planning Proposal

In accordance with section 10(2)(c)

Attachment A1: LVH - Summary of the Feasibility Report(2)

Attachment A2: LVH - CBRE - Commercial Appraisal 130619(2)

Attachment A3: Feasibility - KPMG - Project Outputs Analysis(2)

Attachment A4: Feasibility - KPMG - Market Report(2)

Attachment A5: LVH - MPAC Report with MPU Responses - 1 July 2019(2)

For the Resolution: The Mayor, Councillor Anderson, Councillors Pettett, Clarke, Spencer, Greenfield, Smith, Kelly, Szatow and Kay

Against the Resolution: Councillor Ngai

CONFIRMATION OF MINUTEs

125

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 25 June 2019

Minutes numbered 110 to 123

Resolved:

(Moved: Councillors Greenfield/Kelly)

That Minutes numbered 110 to 123 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

Councillor Spencer was absent from the Chambers during voting on this matter.

GENERAL BUSINESS

126

Minutes of Audit, Risk & Improvement Committee meeting held on 4 April 2019

File: CY00458/7

Vide: GB.2

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meeting held on 4 April 2019.

Resolved:

(Moved: Councillors Ngai/Pettett)

Council receives and notes the report.

CARRIED UNANIMOUSLY

Councillor Spencer was absent from the Chambers during voting on this matter.

127

Investment Report as at 30 June 2019

File: FY00623

Vide: GB.3

To present Council’s investment portfolio performance for June 2019.

Resolved:

(Moved: Councillors Ngai/Greenfield)

A. That the summary of investments and performance for June 2019 be received and noted.

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

CARRIED UNANIMOUSLY

Councillor Spencer was absent from the Chambers during voting on this matter.

128

19th International Cities, Town Centres and Communities Conference - ICTC 2019

File: CY00212/11

Vide: GB.4

To inform Councillors of the 19^th International Cities, Town Centres and Communities (ICTC) Conference being held in Townsville, Queensland on 23-25 October 2019.

Resolved:

(Moved: Councillors Ngai/Szatow)

That any Councillors wishing to attend the 19th International Cities, Town Centres and Communities Conference notify the General Manager by Friday, 9th August, 2019.

CARRIED UNANIMOUSLY

129

Local Government NSW Annual Conference 2019 - Proposed Motions

File: S02046/12

Vide: GB.5

To inform Council that no proposed motions for consideration at the 2019 Local Government NSW Annual Conference have been received by the General Manager.

Resolved:

(Moved: Councillors Ngai/Greenfield)

That Council receive and note this report.

CARRIED UNANIMOUSLY

130

Project Status Report - July 2019

File: FY00621

Vide: GB.6

To provide Council with the Project Status Report reflecting results for May and June 2019.

Resolved:

(Moved: Councillors Ngai/Clarke)

A. That Council receive and note the Project Status Report for July 2019.

B. That the Project Status Report be placed on Council’s website.

CARRIED UNANIMOUSLY

Having previously declared a conflict of interest in the LVH Planning Proposal matter, Director Watson left the chamber.

131

LVH Planning Proposal

File: S12165-7-3

Vide: GB.1

To propose that Council endorse lodgement of a Planning Proposal seeking to amend the KLEP (LC) 2012 with respect to the height and Floor Space Ratio (FSR) provisions at the Lindfield Village Hub site.

To provide Council with an overview of the intended effect and rationale for seeking the proposed amendments

For Council to note the requirement to retain Lot 3 of DP 1226294 as part of the project site area.

Motion:

(Moved: Councillors Ngai/Kelly)

A. That Council does not endorse the lodgment of a Planning Proposal.

B. That Council notes that Council staff believe there may be a significant increase in population in the Lindfield Town Centre in the next 12 years.

C. That before undertaking any further work on designs, planning proposals or tenders of the Lindfield Village Hub, a further conversation must take place with all of the residents of Lindfield, East Lindfield and West Lindfield regarding the future of the Lindfield Town Centre. The details of this conversation are listed below.

D. That to support the conversation on the Village Hub, Council staff are required to produce a document of no more than 12 pages outlining at least four scenarios of what it believes the Lindfield Town Centre could look like in 2031. This document must cover key concerns such as environment, urban density, transport infrastructure, traffic and pedestrian movements, education, recreational spaces, community and library facilities. This document will then require approval by council before being distributed to all Lindfield, East Lindfield and West Lindfield residents by addressed mail, as well as being made available to the public online as part of a community consultation process.

E. That any other aspects of the communications and community consultation referenced in point D must be approved by Council before it proceeds.

AMENDMENT

(Moved: Councillors Clarke/ Kay)

A. That Council endorse lodgement of a Planning Proposal, in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979, seeking to amend the Ku-ring-gai LEP (Local Centres) 2012 as it applies to the Lindfield Village Hub site as follows:

i. Amend the Floor Space Ratio (FSR) control from 1.3:1 to 2.5:1

ii. Amend the maximum permitted building height from 26.5 metres to three different controls being 27.5 metres, 39.0 metres and 49.0 metres.

iii. Include a provision at Clause 4.3 to allow for roof top plant, lift overruns and rooftop communal open space (and associated structures) to be located above the proposed maximum height limits, where appropriate

iv. Amend the current additional permissible use provision at Clause 29 in Schedule 1 to allow development for the purpose of attached dwellings on the site, at the corner of Bent Street and Drovers Way.

B. That Council note the proposed amendment of Part 14E of the KDCP (LC) 2012 to reflect the Planning Proposal and the associated Urban Design Report and that this will remove reference to the current Lindfield Village Hub Masterplan.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council authorise the General Manager to finalise the Planning Proposal on its behalf as landowner, in accordance with recommendations A-C, and to submit the Planning Proposal to the relevant Planning Authority (Council).

The Amendment was put and declared LOST.

For the Amendment: The Mayor, Councillor Anderson, Councillors Clarke, Spencer and Kay

Against the Amendment: Councillors Ngai, Pettett, Greenfield, Szatow, Smith and Kelly

FURTHER AMENDMENT

(Moved: Councillors Clarke/ Kay)

That Council defers relisting this item for Council’s consideration for 3 months during which time there will be a minimum of 2 briefings.

During discussion and debate on the further amendment, Councillors Ngai, Smith and Spencer all left and returned to the Chamber.

Procedural Motion

(Moved: Councillors Smith/ Szatow)

That the further amendment be now put.

The procedural motion was put and declared carried.

CARRIED UNANIMOUSLY

The further amendment was put and declared LOST.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Spencer and Kay

Against the Resolution: Councillors Ngai, Pettett, Greenfield, Szatow, Smith and Kelly

Councillors resumed debate on the original motion

Procedural Motion:

(Moved: Councillors Kelly/ Spencer)

That the Motion be now put.

The procedural motion was put and declared carried.

CARRIED UNANIMOUSLY

The Motion was put and declared LOST.

For the Motion: Councillors Ngai and Kelly

Against the Motion: The Mayor, Councillor Anderson, Councillors Clarke, Pettett, Spencer, Greenfield, Szatow, Smith and Kay

No decision was taken in respect of the above matter as the Motion when put to the vote was LOST.

Director Watson returned to the Chamber after all debate and voting on GB.1 had concluded.

Motions of which due Notice has been given

132

Killara Tennis Club - Regimental Park

File: S02467

Vide: NM.1

Notice of Motion from Councillor Kelly dated 20 June 2019

The Killara Tennis Club was founded in 1912. The club has been part of the Ku-ring-gai community in excess of 100 years, encouraging Kur-ring-gai children to learn the game of tennis, playing top grade competition tennis and providing coordinated social tennis for Ku-ring-gai tennis players from the age of 10 to 85.

The club is currently one of the most respected Sydney Badge Competition Tennis clubs on the North Shore of Sydney and through much hard work of its committee the club has steadily grown its membership over the past 15 years in men’s, women’s, families and junior sections. The club is currently a survivor amongst many failing sporting clubs around Sydney.

The members of the Killara Tennis club are keen to see the rich community history of developing the game of tennis in Ku-ring-gai preserved for the next 100 years amongst the intense pressures of high-rise development along the North Shore rail line.

These pressures have adversely affected many Not for Profit sports clubs. These recreational clubs find their land zoned Residential, which does not to protect their longevity amongst the high-rise land values that now exist along the rail corridor. This Residential zoning has placed a substantial rate burden on these not for profit making clubs who are dedicated to developing their chosen sport.

Killara Lawn Tennis Club is no different, 65% of the club’s membership fees goes to pay rates. The club’s rates bill is in excess of $34,000 per year. The future of clubs like Killara needs the active co-operation and support of both Local Councils and State Government to ensure they continue to serve the community for another 100 years.

The Killara Tennis Club currently fields 9 Teams in the Sydney Badge competition in Winter and Spring. Two of these teams each week are forced to play home matches at tennis courts outside our LGA due to the lack of suitable competition-grade courts within Ku-ring-gai. This “scattering” of members on days where home matches are scheduled a long distance away from Killara destroys the sense of community and the caps the club’s ability to develop the membership.

Part of the reason for this dilution of teams playing away from Killara is that Council courts within Ku-ring-gai do not have a surface of sufficient quality for Sydney Badge Grade competition tennis. Many of the Council courts are also shaded by trees and many are not of competition size.

The Killara Tennis Club has identified Regimental Park, a currently under-utilized tennis facility managed by Council and owned by Sydney Water as an ideal venue to play competition tennis. Regimental Park is located some 800 meters from the Killara Lawn Tennis Club. Regimental Park is also the home of Killara Croquet Club.

The Regimental Park courts are well fenced, provide competition-sized courts that are not shaded by trees. The surface which is currently hard court would require upgrading to a competition grade synthetic grass.

The laying of synthetic grass on hard court is a common practise, the difference in cost between an average synthetic grass surface that Council traditionally installs and a quality competition grade surface is approximately $1,500- $3,000 per court. The higher quality surface being 19mm 3/16 gauge synthetic grass has a longer life, is less slippery and requires less sand than the current grass surface the Council has been laying on other Council courts.

A competition surface is a minimal additional investment that will take the facility to competition level and thereby increase the facility’s occupancy.

To encourage further competition grade tennis to be played in Ku-ring-gai council could do the following:

a. Resurface the Regimental Park courts to competition-grade synthetic grass surface as recommended by Killara Lawn Tennis Club.

b. Enter a co-operation agreement with Killara Lawn Tennis Club in respect to the use of the Regimental Park Courts.

Killara Lawn Tennis Club are currently resurfacing their courts with synthetic grass. The club would be happy to provide technical advice with respect to competition grass surfaces for tennis and current competitive pricing.

I therefore move that Council instruct the Director of Operations to:

A. Report to Council the comparative cost of re-surfacing the Regimental Park courts in a competition-grade surface such as Synthetic Sportsgrass Gandslam by end October 2019

B. Report to Council on the viability of installing an additional synthetic grass court at Regimental Park to facilitate 3 teams playing Saturday Competition Tennis (Competition Tennis matches are played on two courts)

Resolved:

(Moved: Councillors Kelly/Greenfield)

That the above Notice of Motion submitted by Councillor Kelly be withdrawn.

CARRIED UNANIMOUSLY

BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Change start time of Public Forum – to 7pm (start). Registration remains as at present.

133

PUBLIC FORUM START TIME

Councillor D Greenfield put forward that the start time of Public Forum be amended to 7pm.

Resolved:

(Moved: Councillors Greenfield/Szatow)

That the start time of the Public Forum be amended to 7pm.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer, Greenfield, Smith, Kelly, Szatow and Kay

Against the Resolution: Councillor Pettett

The Meeting closed at 9:46pm

The Minutes of the Ordinary Meeting of Council held on 23 July 2019 (Pages 1 - 9) were confirmed as a full and accurate record of proceedings on 20 August 2019.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 20 August 2019	GB.1 / 18

Item GB.1	FY00275/11

Council Sponsorships

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2019–2020 and for Council to approve all sponsorship requests over $5,000.

background:	Council sponsors public and private sector activities through direct funds and in-kind support according to Council’s Sponsorship Policy. In the 2018–2019 financial year Council sponsored a number of organisations including Carols in the Park, Welcome Basket, the Ku-ring-gai Art Society and the Ku-ring-gai Chase Fun Run.

comments:	Council has recently undertaken an Expression of Interest process inviting applications for sponsorship proposals for 2019–2020. Requests for sponsorship totalling $83,000 have been received. Council has a budget of $79,500. According to Council’s Sponsorship Policy all proposals over $5,000 are to be approved by Council.

recommendation:	That Council approve all sponsorship requests over $5,000 as outlined in this report.

Purpose of Report

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2019–2020 and for Council to approve all sponsorship requests over $5,000.

Background

Council sponsors public and private sector activities through direct funds and in-kind support according to Council’s Sponsorship Policy.

In the 2018–2019 financial year Council sponsored a number of organisations including Carols in the Park, Welcome Basket, the Ku-ring-gai Art Society and the Ku-ring-gai Chase Fun Run.

Comments

Council has recently undertaken an Expression of Interest process inviting applications for sponsorship proposals for 2019–2020.

The Expression of Interest process was advertised in the North Shore Times, on the Council website and an email was sent to all previous recipients on June 11 advising applications would be open until July 4.

Requests for sponsorship totalling $83,000 have been received. Council has a budget of $79,500.

According to Council’s Sponsorship Policy all proposals over $5,000 are to be approved by Council.

Organisation	Sponsorship amount requested
Wahroonga Food & Wine Festival	$10,000
Welcome Basket Pty Ltd	$8,500
Carols in the Park	$15,000
Bobbin Head Cycle Classic	$5,000
Hope Classic	$10,000
Marian Street Theatre 50^th Birthday	$8,000
Bare Creek Trail Run	$10,000
Ku-ring-gai Art Society	$2,000
Special Olympics – Ku-ring-gai Chase & Barry Easy Walk	$5,000
Sacred Heart Catholic Primary School Fair	$3,000
St Ives Preschool Kindergarten	$3,000
Wahroonga Public School Fair	$7,500

Total requests	$83,000

It is recommended that:

Wahroonga Food and Wine Festival receives $8,000 instead of the requested $10,000

Council has continued to support it as the event organisers have advised that they cannot afford to run the event without the sponsorship. The festival is successful from an economic development perspective with people coming to Wahroonga and spending money and providing an event Council does not have the budget for.

Carols in the Park receives $10,000 instead of the requested $15,000

Carols in the Park is also supported by Ku-ring-gai churches and through other types of sponsorship.

Bare Creek Trail Run receives $5,000 instead of the requested $10,000

Bare Creek Trial run is matched to other similar events such as the Bobbin Head Cycle Classic and Special Olympics – Ku-ring-gai Chase & Barry Easy Walk which receive $5,000.

The Ku-ring-gai Philharmonic Orchestra has not submitted an application for this year. The KPO regularly receive $25,000 from Council each year. The invoice for their 2018/19 sponsorship funds of $25,000 was received in June 2019. Council staff have sent emails and phone calls have been made but at the time of writing no response had been received.

The St Ives Food and Wine Festival did not submit an application in time this year. Discussions have been held with the organisers, it is proposed to top up the funds that they have left over from last year ($2,176.60). Therefore a sponsorship of $4,000 is proposed.

The Hope Classic does not fit the objectives of the sponsorship objectives and discussions have been held with the organisers. Council will support their event with publicity.

The Wahroonga Public School Fair has requested $7,500, Council is proposing $3,000 in line with other schools requests.

Marian Street Theatre has requested $8,000 for their 50^th Birthday event which is an invite only event for 250 people. It is therefore proposed to reduce the amount to $3,000 bringing it in line with the school fair events.

The sponsorship requests as proposed by staff

Organisation	Sponsorship amount proposed
Wahroonga Food & Wine Festival	$8,000
Welcome Basket Pty Ltd	$7,500
Carols in the Park	$10,000
Bobbin Head Cycle Classic	$5,000
Hope Classic	$0
Marian Street Theatre 50^th Birthday	$3,000
Bare Creek Trail Run	$5,000
Ku-ring-gai Art Society	$2,000
Special Olympics – Ku-ring-gai Chase & Barry Easy Walk	$5,000
Sacred Heart Catholic Primary School Fair	$3,000
St Ives Preschool Kindergarten	$2,000
Wahroonga Public School Fair	$3,000
St Ives Food and Wine Festival	$5,000
Total requests	$58,500

integrated planning and reporting

Community

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Opportunities are identified, provided and promoted for the community to share cultural experiences.	To stage events consistent with Council’s Sponsorship policy.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C2.1 A harmonious community that respects,

appreciates, celebrates and learns from each

other and values our evolving cultural identity.

Opportunities are identified, provided and promoted for the community to share cultural experiences.

To stage events consistent with

Council’s Sponsorship policy.

Governance Matters

Sponsorship proposals comply with Council’s Sponsorship and Donations Policy. Council is required to approve all sponsorship requests over $5,000.

Risk Management

Prospective recipients will need to address set criteria when applying for sponsorship and will be required to provide an acquittal on how sponsorship funds were spent. This year two regular recipients of sponsorships did not apply and or missed the deadline for 2019/20 sponsorships -

The Ku-ring-gai Philharmonic Orchestra and the St Ives Food and Wine Festival.

Financial Considerations

Council has a budget of $79,500 for sponsorship and requests for Council sponsorship for 2019-2020 totalled $83,000.

Requests in excess of $5,000 are as follows:

• Wahroonga Food & Wine Festival $10,000

• Welcome Basket $8,500

• Carols in the Park $15,000

• The Hope Challenge $10,000

• Bare Creek Trail Run $10,000

• Marian Street Theatre 50^th Birthday $8,000

• Wahroonga Public School Spring Fair $7,500

Total (over $5,000) $69,000

Requests for $5,000 and less are as follows:

· Bobbin Head Cycle Classic $5,000

· Ku-ring-gai Art Society $2,000

· Special Olympics – Ku-ring-gai Chase

& Barry Easy Walk $5,000

· Sacred Heart Catholic Primary Fair $3,000

· St Ives Preschool Kindergarten

Family Fun Fair $2,000

Total ($5,000 and less) $14,000

Total request for 2019-20 sponsorship $83,000

Social Considerations

Many of the groups that have requested sponsorship provide important social and cultural events, and raise money for charities. Through the sponsorship of these events Council is supporting organisations to identify and promote opportunities for these shared experiences within the community.

Environmental Considerations

No environmental matters to consider

Community Consultation

Community consultation not undertaken for this report

Internal Consultation

Internal consultation has been undertaken with other community managers

Summary

Council has a budget of $79,500 for sponsorship and requests for Council sponsorship for 2019-2020 totalled $83,000.

Requests in excess of $5,000 equal $69,000 and requests for $5000 and less equal $14,000.

A total of $58,500 is proposed for sponsorships this 2019/20 financial year.

Organisation	Sponsorship amount proposed
Wahroonga Food & Wine Festival	$8,000
Welcome Basket Pty Ltd	$7,500
Carols in the Park	$10,000
Bobbin Head Cycle Classic	$5,000
Hope Classic	$0
Marian Street Theatre 50^th Birthday	$3,000
Bare Creek Trail Run	$5,000
Ku-ring-gai Art Society	$2,000
Special Olympics – Ku-ring-gai Chase & Barry Easy Walk	$5,000
Sacred Heart Catholic Primary School Fair	$3,000
St Ives Preschool Kindergarten	$2,000
Wahroonga Public School Fair	$3,000
St Ives Food and Wine Festival	$5,000
Total requests	$58,500

It is noted that Council has not received an application for sponsorship from Ku-ring-gai Philharmonic Orchestra as yet however they have indicated they would like to apply.

Recommendation:

THAT Council approves requests in excess of $5,000:

• Wahroonga Food & Wine Festival $8,000

• Welcome Basket $8,500

• Carols in the Park $10,000

Virginia Leafe

Acting Director Community

Ordinary Meeting of Council - 20 August 2019	GB.2 / 23

Item GB.2	CY00473/6

Policy Updates - Commercial Leasing, Acquisition and Divestment of Land, Easement Management, Planning Agreements

EXECUTIVE SUMMARY

purpose of report:	To update various Council policies.

background:	This report provides updates to four existing Council policies.

comments:	Council policies are reviewed periodically to update for legislative changes and otherwise to ensure they are appropriate and relevant.

recommendation:	That the following policies be exhibited for at least 28 days and reported back to Council. 1. Commercial Leasing Policy 2019 2. Acquisition and Divestment of Land Policy 2019 3. Easement Management Policy 2019 4. Planning Agreement Policy 2019

Purpose of Report

To update various Council policies.

Background

This report provides updates to four existing Council policies:

1. Commercial Leasing Policy

2. Acquisition and Divestment of Land Policy

3. Easement Management Policy

4. Planning Agreement Policy

Comments

1. Commercial Leasing Policy 2019

The Commercial Leasing Policy 2019 (Attachment A1) sets out the framework, responsibilities and processes for leasing and licensing Council and Crown owned land.

Changes from the 2014 Policy include formatting changes and the insertion of references to Crown Land as a result of the new Crown Land Management Act 2016 and the associated Native Title requirements. It also advises that there is a fee involved in obtaining Native Title advice which is included in Council’s adopted Fees and Charges. The policy also provides the opportunity to impose sales based rents for certain commercial operations.

2. Acquisition and Divestment of Land Policy 2019

The Acquisition and Divestment of Land Policy 2019 (Attachment A2) outlines the criteria which must be considered prior to the acquisition or divestment of Council owned land and explains the process involved.

Changes from the 2014 Policy include increasing the property value threshold from $2 million to $4 million. This means that under the proposed Policy where the value of a property to be acquired or divested is expected to be less than $4 million, only one valuation must be sought and where the expected value exceeds $4 million, two valuations must be sought. This increase has been proposed due to the significant rise in housing prices since 2014 when the last Acquisition and Divestment of Land Policy was adopted. Minor changes have also been made to the formatting of the Policy and the included list of related legislation has also been updated.

3. Easement Management Policy 2019

The Easement Management Policy 2019 (Attachment A3) sets out the criteria and procedures for creating, modifying or extinguishing easements where Council is an interested party or where a property owner makes a request. This Policy relates to both Council and privately owned land.

Changes from the 2013 Policy include formatting updates, removing references to outdated legislation and clarification of the terms “compensation” and “commercial consideration”.

4. Planning Agreement Policy 2019

The Planning Agreement Policy 2019 (Attachment A4) sets out the framework, responsibilities and processes for negotiating a voluntary Planning Agreement with Ku-ring-gai Council.

Changes from the 2016 Policy include updated references to the renumbered and restructured Environmental Planning and Assessment Act 1979 and, where relevant, changes foreshadowed in the draft Practice Note for Planning Agreements dated November 2016. This draft Practice Note has been exhibited but not yet adopted by the Department of Planning.

It is anticipated that a more comprehensive review of the Planning Agreement Policy will follow the comprehensive review of other related documents, such as the Development Contributions Plans, as part of the strategic planning work required as part of the Greater Sydney Commission’s present focus.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L3.1: The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.	L3.1.2: Council’s Governance framework is developed to ensure probity and transparency.	L3.1.2.5: Maintain a policy review program to ensure the currency of all policy documents.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: The organisation is recognised and distinguished

by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.2: Council’s Governance

framework is developed to ensure

probity and transparency.

L3.1.2.5: Maintain a policy review program to ensure the currency of all policy documents.

Governance Matters

Existing policies have been updated to reflect legislation.

Risk Management

Nil

Financial Considerations

Nil

Social Considerations

Nil

Environmental Considerations

Nil

Community Consultation

The policies will be exhibited for at least 28 days and reported back to Council.

Internal Consultation

Nil

Summary

Council policies are reviewed periodically to update for legislative changes and otherwise to ensure they are appropriate and relevant. Four policies have been reviewed which are recommended for adoption by Council.

Recommendation:

That the following policies be exhibited for at least 28 days and reported back to Council.

1. Commercial Leasing Policy 2019

2. Acquisition and Divestment of Land Policy 2019

3. Easement Management Policy 2019

4. Planning Agreement Policy 2019

David Marshall

Director Corporate

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Commercial Leasing Policy 2019	2019/224444
	A2 ⇩	Acquisition and Divestment of Land Policy 2019	2019/223166
	A3 ⇩	Easement Management Policy 2019	2019/224593
	A4 ⇩	Planning Agreement Policy	2019/217428

Ordinary Meeting of Council - 20 August 2019	GB.3 / 102

Item GB.3	FY00275/11
	16 July 2019

Mayoral Donations for Financial Year 2018/2019

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the Mayoral donations made during the 2018/2019 financial year.

background:	The Mayor has authority to approve individual donations subject to Council being informed of any such decision.

comments:	Council voted to approve Mayoral donations up to a total amount of $3,900 for the 2018/2019 financial year, of which $965.00 was expended.

recommendation:	That the report be received and noted.

Purpose of Report

To advise Council of the Mayoral donations made during the 2018/2019 financial year.

Background

The Mayor has delegated authority to approve individual donations up to an amount of $250, subject to Council being informed of any such decision and provided that the funds are available in accordance with the adopted Delivery Program and Operational Plan.

Comments

Council voted for the Delivery Program and Operational Plan to approve donations up to $3,900 for the 2018/2019 Financial Year, of which $965.00 was expended. The donations are listed in Attachment A1.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

Council’s Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.

Comply with the requirements of the Local Government Act and Regulations.

Governance Matters

Section 226 of the Local Government Act 1993 outlines the role of the Mayor.

Risk Management

Nil.

Financial Considerations

The budget for Mayoral Donations in the 2018/2019 financial year was $3,900, of which $965.00 was expended.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

In the 2018/2019 financial year, the Mayoral Donations budget was $3,900, of which $965.00 was expended.

Recommendation:

That the report be received and noted.

Peter Doyle

Acting Manager Records & Governance

David Marshall

Director Corporate

Attachments:

A1⇩

Mayoral Donations for FY2018/2019

2019/206027

Ordinary Meeting of Council - 20 August 2019	GB.4 / 106

Item GB.4	FY00623/2
	2 August 2019

Investment Report as at 31 July 2019

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for July 2019.

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

comments:	The net return on investments for the first month of the financial year July 2019 was $458,000, against a budget of $425,000 giving a YTD favourable variance of $33,000.

recommendation:	That the summary of investments performance for July 2019 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Purpose of Report

To present Council’s investment portfolio performance for July 2019.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Budget

The net return on investments for the financial year to 31 July 2019 was $458,000 against a budget of $425,000 giving a YTD favourable variance of $33,000 as shown in the table below. The investment portfolio performed strongly due to an increased investment portfolio size during the financial year and better than budgeted returns.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of July 2019 was $197,154,000 compared to $192,870,000 at the end of June 2019, a net cash inflow of $4,284,000. The inflow was mainly due to first instalment of rates income.

There were no new investments made and no investments matured in the month of July 2019.

Investment Performance against Industry Benchmark

Overall during the month of July the investment performance was well 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.

Attachment A1 provides definitions in relation to different types of investments.

Table 2 - Investments Portfolio Summary during July 2019

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The budget for interest on investments for the financial year 2019/2020 is $5,000,000. Of this amount approximately $3,593,600 is restricted for the benefit of future expenditure relating to development contributions, $470,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $936,000 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 31 July 2019:

· Council’s total cash and investment portfolio is $197,154,000.

· The net return on investments for the first month of the financial year July 2019 was $458,000 against a budget of $425,000, giving a YTD favourable variance of $33,000.

Recommendation:

A. That the summary of investments and performance for July 2019 be received and noted.

B. That 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

Attachments:

A1⇩

Investments definitions specific to Council’s investment portfolio

2016/124274

Ordinary Meeting of Council - 20 August 2019	GB.5 / 114

Item GB.5	FY00623/2
	15 July 2019

Analysis of Land and Environment Court Costs - 4th Quarter 2018 to 2019

EXECUTIVE SUMMARY

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2019.

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

comments:	For the year ended 30 June 2019, Council’s legal and associated payments in relation to the Land and Environment Court were $1,648,229. This compares with the annual revised budget of $1,380,000.

recommendation:	That the analysis of Land and Environment Court costs for the year ended 30 June 2019 be received and noted.

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2019.

Background

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. Council is a respondent to such proceedings.

Comments

Appeals Lodged

In quarter ended 30 June 2019 there were 10 new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:

Financial year	Number of appeals received (whole year)
2014/2015	31
2015/2016	38
2016/2017	41
2017/2018	45
2018/2019 (as at 30 June 2019)	41

The appeals commenced during the three months to 30 June 2019 concerned the following subject matters:

· seniors living

· multi-unit dwelling

· educational establishment

· additions and alterations

· tennis court

· order

costs

For the year ended 30 June 2019, Council made payments of $1,648,229 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual revised budget of $1,380,000

In addition to expenditure on appeals, a further amount of $ 37,338 was spent in obtaining expert advice regarding development assessment matters.

Land & Environment Court Costs 2015/2016 - 2018/2019
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2015/2016* (38 appeals lodged)	$1,256,887	$264,263	$290,099	$303,122	$399,403
2016/2017* (41 appeals lodged)	$1,054,747	$202,574	$196,949	$285,681	$369,543
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2017/2018* (45 appeals lodged)	$1,267,706	$221,520	$461,976	$201,332	$382,878
2018/2019 (42 appeals lodged)	$1,648,229	$372,972	$491,788	$336,336	$447,133

* Costs reported to Council in previous reports

The costs incurred in the year as at 30 June 2019 equate to a 19% exceedance of the annual revised budget of $1,380,000. As noted above, the number of appeals lodged has been high. The commencement of appeals does not lie within the control of Council, however there are a number of factors that appear to have influenced the volume of appeals:

· Amendments to the Environmental Planning and Assessment Act made in 2013 reduced the timeframe for lodgement of an appeal from twelve months to six months. This continues to have the effect of applicants for more substantial and complex development proposals lodging appeals for no other reason than as a mechanism to preserve early appeal rights. The number of development applications received by Council in recent periods has itself been high.

· In addition, the prospect of changing economic market conditions appears to have led to urgency on the part of developers of multi-housing developments in particular, with a particularly high number and proportion of appeals commenced immediately on the basis of deemed refusal. As a result, Court listings are currently heavily booked and long delays for several months for the holding of both mediation conferences and hearings are occurring.

Current delays in the Court have resulted in limited progress of many of the current appeals this financial year. Accordingly, the number of unresolved matters has grown during the period. The higher level of expenditure compared to the previous financial year is explained in large part by matters of an unusual and complex nature which were in somewhat greater number. These matters excepted, the average level of expenditure for appeals of a routine nature is broadly consistent with costs incurred in previous years.

Notwithstanding these factors, Council’s overall success rate in appeals for the year has been high.

In relation to costs recovered, the amount of $139,219 had been recovered as at the end of the quarter to 30 June 2019 compared to an annual revised budget for costs recovered of $140,000.

Outcomes

At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.

In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.

In this context, any of three outcomes can be regarded as favourable, namely:

1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;

2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court;

3. If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.

Three matters were concluded during the quarter. A partly or wholly favourable outcome was achieved in all matters but one:

· One matter was dismissed by the Court;

· One matter was discontinued by the applicant;

· One matter was upheld by the Court.

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.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

Governance Matters

Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.

Risk Management

Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.

Financial Considerations

Land & Environment Court legal costs form part of Council’s recurrent operating budget.

Social Considerations

None undertaken or required.

Environmental Considerations

None undertaken or required.

Community Consultation

None undertaken or required.

Internal Consultation

This report has been developed with input from Council’s Corporate Lawyer, Director Corporate and Director Development & Regulation.

Summary

For the quarter ended 30 June 2019, Council made payments of $1,648,229 on Land & Environment Court appeals. This compares with the annual revised budget of $1,380,000.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 30 June 2019 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

Michael Miocic

Director Development & Regulation

David Marshall

Director Corporate

Attachments:

A1⇩

Individual Case Summary June 2019 - Land and Environment Court Costs

2019/229698

Ordinary Meeting of Council - 20 August 2019	GB.6 / 140

Item GB.6	FY00259/12
	19 July 2019

Carried Forward Projects Expenditure - 2018/19

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To seek endorsement from Council to carry forward the attached list of 2018/19 projects into the current financial year.

background:	The attached list of projects was originally included in the 2018/19 budget by formal resolution of Council on 26 June 2019. Budgets voted for some works have not been fully spent and accordingly are requested to be carried forward into the current financial period. Some projects were committed to be completed but work concluded after year end.

comments:	The total requested carried forward works is $27.57m. The proposed expenditure is funded from internal and external reserves.

recommendation:	That Council approve the attached list of 2018/19 carried forward projects into the current financial year.

Purpose of Report

To seek endorsement from Council to carry forward the attached list of 2018/19 projects into the current financial year.

Background

The attached list of projects was originally included in the 2018/19 budget by formal resolution on 26 June 2019. Budgets voted for some works have not been fully spent and accordingly are requested to be carried forward into the current financial period.

Some projects were committed to be completed but work concluded after year end. Consequently this money needs to be carried forward to fund works completed and any work in progress at year end due to be completed in the current financial year. Some projects are yet to commence.

Comments

The total requested carried forward works is $27.57m funded from a combination of internal and external cash reserves. These works were fully funded as part of the last financial year budget, therefore the funding requirements for the proposed incomplete projects are considered adequate and no additional funds are required.

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 30 June 2019 is $34.8m against the annual revised budget of $60.4m, resulting in a variance of $25.6m. The variance is largely due to incomplete projects which are proposed to be carried forward.

The variance between the remaining budget ($25.6m) and proposed carried forward expenditure ($27.5m) is largely due to overruns in some projects only partly offset by savings in other projects as well as additional expenditure funded from grants and capital income from sale of assets (i.e. fleet).

The table and chart below show the annual actual projects expenditure against annual revised budget for the year ended 30 June 2019.

Proposed carried forward to 2018/19 and funding sources

A detailed summary of all proposed carried forward projects can be found in Attachment A1.

Budgets voted for some works had not been fully spent as at 30 June 2019 and accordingly are requested to be carried forward into the current financial year. The total requested carried forward works of $27.57m are funded from the following sources:

It is now proposed to seek approval to carry over budgets to fund the incomplete works at 30 June

2019.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

The Local Government (General) Regulation 2005 Clause 211 requires a Council to hold a meeting each year for the purpose of approving expenditure and voting money. At the end of each year the votes of expenditure lapse, except as provided in Clause 211 of the Local Government (General) Regulation 2005, whereby:

(3) All such approvals and votes lapse at the end of a council's financial year. However, this subclause does not apply to approvals and votes relating to:

(a) work carried out or started, or contracted to be carried out, for the council, or

(b) any service provided, or contracted to be provided, for the council, or

(c) goods or materials provided, or contracted to be provided, for the council, or

(d) facilities provided or started, or contracted to be provided, for the council,

before the end of the year concerned, or to the payment of remuneration to members of the council's staff.

All carried forward works, whether commenced or not, are presented to Council for approval.

Risk Management

Council is financially sound which positions it well to deal with unforeseen events as they arise. Income and expenditure is managed through the quarterly budget review process. Although income cannot be directly controlled, it can be monitored and action taken to mitigate potential financial or budgetary risk. Incomplete works proposed to be carried forward from last financial year are fully funded and therefore there is no risk or burden on the current year’s budget.

Financial Considerations

The total amount proposed to be carried forward for incomplete works is $27.6m. The budget allocation for the proposed projects is funded from a combination of internal and external reserves. No additional funds are required.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable

Internal Consultation

All departments have been consulted in developing the list of attached carried forward expenditure.

Summary

Recommendation:

A. That Council approve the attached list of carried forward expenditure from 2018/19 to the current financial year.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1⇩

Proposed Carried forward Expenditure 2018 / 2019

2019/223098

Ordinary Meeting of Council - 20 August 2019	GB.7 / 156

Item GB.7	S06788/7
	1 July 2019

Review of the Local Government Rating System Final Report (IPART) - Feedback on the recommendations of the final report

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the final report on IPART’s review of the rating system for local government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

background:	The rating system review follows the Independent Local Government Review Panel’s report (Revitalising Local Government, October 2013) which made a number of recommendations to reform the local government sector, including a recommendation that IPART undertake a review of the rating system. IPART released an Issues Paper for its “Review of the Local Government Rating System” on 13 April 2016. The NSW Government released the IPART report “Review of the Local Government Rating System – Final Report December 2016” in June 2019. The NSW Government is now seeking feedback from councils on recommendations in the final report.

comments:	The most significant IPART recommendation, if implemented, would be a change to the use of Capital Improved Value as a basis for calculating rates, rather than unimproved land value.

recommendation:	That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of the Local Government Rating System - Final Report December 2016”.

Purpose of Report

To advise Council of the final report on IPART’s review of the rating system for local government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

Background

The rating system review follows the Independent Local Government Review Panel’s report - Revitalising Local Government, October 2013 which made a number of recommendations to reform the local government sector, including a recommendation that IPART undertake a review of the rating system.

In December 2015 the NSW Premier engaged IPART to conduct a review of the Local Government rating system in NSW pursuant to section 9 of the Independent Pricing and Regulatory Tribunal Act 1992 and in accordance with the terms of reference provided by the NSW Premier.

The terms of reference asked IPART to:

· Review the current rating system and recommend reforms that aim to enhance the ability of councils to implement sustainable and equitable fiscal policies; and

· Provide the legislative and regulatory approach to achieve the Government’s policy of freezing existing rate paths for four years for newly merged councils.

In April 2016 IPART released an Issues Paper as part of the review process. Council lodged a submission in May 2016 in response to the Issues Paper.

Comments

The NSW Government released IPART’s final report “Review of the Local Government Rating System – Final Report December 2016” on 21 June 2019. Councils are encouraged to provide feedback on the recommendations in the final report by 13 September 2019.

The purpose of the IPART rating review was to “… develop recommendations to improve equity and efficiency of the rating system, in order to enhance Councils’ ability to implement sustainable fiscal policies over the long term”.

The NSW government is not seeking feedback on all of the IPART recommendations as explained below:

“A number of recommendations in the IPART report have already been implemented through other reform programs, or are currently the subject of separate consultation. There are also a number of recommendations that the government has ruled out, because they may have adverse impacts on vulnerable members of the community, affect regional jobs or economies, or substantially increase costs for taxpayers and the broader community. These matters are marked “Not for Consultation” on the feedback form.”

The final IPART report identifies six key outcomes resulting from the recommendations as follows:

· Use the Capital Improved Value (CIV) valuation method to levy Council rates

o Council comment – Capital Improved Value would be more equitable than unimproved land value as it reflects the real value of the property to the owner.

· Allow councils’ general income to grow as the communities they serve grow.

o Council comment - Growth in rates revenue from increasing CIV from new development would assist councils to provide the services required for growing communities.

· Give councils greater flexibility when setting rates in residential areas.

o Council comment - this would allow a different rating structure within a locality that has, on average, different access to, demand for, or costs of providing council services or infrastructure (relative to other areas in that locality).

· Modify rate exemptions so eligibility is based on land use rather than ownership.

o Council comment - The NSW Government has marked most of these recommendations as “Not for Consultation”.

· Improve assistance to pensioners.

o Council comment - The NSW Government has marked these recommendations as “Not for Consultation”.

· Give councils more options to set rates within rating categories.

o Council comment - this would allow business land to be subcategorised as industrial or commercial, and would also allow a separate category for vacant land.

The IPART recommendations are listed in Attachment A, along with the proposed Council submission showing comments in support or otherwise. The full IPART report is provided in Attachment 2.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A shared long-term vision for Ku-ring-gai underpins strategic collaboration, policy development and community engagement.

Council's responses to government policy and reforms are guided by and aligned with the adopted Community Strategic Plan 'Our Community Our Future 2030'.

Analyse and provide appropriate submissions to government proposals affecting the local government industry.

Governance Matters

Submissions are required to be lodged by 13 September 2019.

Risk Management

Not applicable

Financial Considerations

Financial sustainability may be enhanced by the introduction of the Capital Improved Value methodology, provided the NSW Government allows councils to increase total rates revenue in proportion with the increase in value from new development.

Social Considerations

Equity is established as a principle of taxation in the IPART report. This includes consideration of the benefits people receive and their ability to pay.

Environmental Considerations

Not applicable

Community Consultation

Not applicable

Internal Consultation

The draft submission was provided for internal comment.

Summary

The Government released the final report on IPART’s review of the rating system in NSW “Review of the Local Government Rating System” in June 2019. The NSW Government is now seeking feedback from councils on recommendations in the final report.

The most significant IPART recommendation, if implemented, would be a change to the use of Capital Improved Value as a basis for calculating rates, rather than unimproved land value. This may enhance Council financial sustainability, provided the NSW Government allows councils to increase total rates revenue in proportion with the increase in value from new development.

Recommendation:

That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of the Local Government Rating System - Final Report December 2016”.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:	A1⇩	Ku-ring-gai Council Submission on Review of LG Rating System - Final Report		2019/228842
	A2⇩	Review of the Local Government Rating System - Final Report IPART December 2016		2019/187796

APPENDIX No: 2 - Review of the Local Government Rating System - Final Report IPART December 2016

Item No: GB.7

Ordinary Meeting of Council - 20 August 2019	GB.8 / 381

Item GB.8	S08531

Naming of New Park at Allan Avenue Turramurra

EXECUTIVE SUMMARY

purpose of report:	To advise Council on the outcome of the Geographical Names Board meeting on 14 May 2019 and seek Council’s endorsement of the proposed naming for the new park at Allan Avenue, Turramurra.

background:	Council applied to the Geographical Names Board (GNB) for the name “Boyds Orchard Park” in May 2018 and the GNB recommended the name “Boyds Orchard Park” to the Minister in July 2018. This name was rejected by the Minister in October 2018 as there was support for the proposed alternative name “Westlake Park.” The GNB subsequently received a public submission for the proposed alternative name which was rejected at their meeting in May 2019 as it does not comply with the Geographical Names Board of NSW Place Naming Policy.

comments:	The park is currently under construction and it is anticipated that it will be opened in early 2020. The reason for previous objection to Council’s original proposed name of “Boyds Orchard Park” has been resolved and the deadline for naming submissions to be considered at the next GNB meeting is 28 August 2019. A submission to the next GNB meeting should enable sufficient time for this issue to be resolved prior to the opening of the park.

recommendation:	That Council endorses the re-submission of the originally proposed name “Boyds Orchard Park” to the Geographical Names Board for approval following their decision to reject the alternative proposed name “Westlake Park.”

Purpose of Report

To advise Council on the outcome of the Geographical Names Board meeting on 14 May 2019 and seek Council’s endorsement of the proposed naming for the new park at Allan Avenue, Turramurra.

Background

At the OMC of 24 October 2017 Council resolved:

E. That Council endorses the name “Boyds Orchard Park” for the new Park at Allan Avenue, Turramurra;

F. That the name “Boyds Orchard Park” be submitted to the Geographical Names Board to commence the gazettal process;

G. That should the name “Boyds Orchard Park” be rejected by the Geographical Names Board that a further report be brought back to Council regarding the proposed name of the park.

In May 2018 Council applied to the Geographical Names Board (GNB) for the name “Boyds Orchard Park.” The GNB recommended the name “Boyds Orchard Park” to the Minister in July 2018.

On 3 October 2018 Council received correspondence from the GNB advising that:

The Minister did not approve the Board’s recommendation to assign the name “Boyds Orchard Park” due to there being objections and support for an alternative name “Westlake Park.”

The GNB subsequently received a public submission for the alternative name “Westlake Park.” The alternative name “Westlake Park” was rejected by the GNB at their Board meeting of 14 May 2019 as it does not comply with the Geographical Names Board of NSW Place Naming Policy.

Comments

Below is an extract from the Geographical Names Board of NSW Place Naming Policy:

7 Policy - Commemorative names

The person commemorated should have contributed significantly to the area around the geographic feature or locality. When such a name is applied, it shall be given posthumously, at least one year after the decease of the person. Names of living persons are by their nature subject to partisan perception and changes in community judgement and acceptance.

Commemorative names shall not be used to commemorate victims of, or mark the location of, accidents or tragedies. Ownership of land is not in itself grounds for the application of an owner’s

name.

Justification

Using the name of a living person is unacceptable (nationally and internationally) as it may lead to favouritism and/or inappropriate naming. There are examples where people commemorated have later proven to be of poor character or otherwise thought to be unworthy.

The alternative name “Westlake Park” does not comply with the above policy and has been rejected by the GNB. Based on this, it is not recommended that Council endorse the name “Westlake Park.”

The original name proposed by Council was “Boyds Orchard Park”. This name complies with the above policy and was recommended to the Minister by the GNB. At the time of consideration, the Minister did not approve this name as there was support for the alternative name “Westlake Park,” however, the GNB’s subsequent decision to reject “Westlake Park” should resolve the previous objection to Council’s original proposed name of “Boyds Orchard Park”.

The park is currently under construction and it is anticipated that it will be opened in early 2020. The reason for previous objection to Council’s original proposed name of “Boyds Orchard Park” has been resolved and the deadline for naming submissions to be considered at the next GNB meeting is 28 August 2019. A submission to the next GNB meeting should enable sufficient time for this issue to be resolved prior to the opening of the park.

integrated planning and reporting

Theme 1 - Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.2

New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.

Continue to deliver the objectives of Council’s Open Space Strategy and Open Space Acquisition Strategy

Construct parks which include features to facilitate passive recreation activities at identified locations.

Governance Matters

Once the preferred name for the new park is selected by Council, a submission will need to be lodged with the Geographical Names Board (GNB). The GNB will consider the proposal and if approved it will be advertised for public comment. The community has one month to comment or object to the proposal to the GNB. If no objections are received then the name will be formalised by way of notice in the gazette. If objections are received then Council will be asked to provide feedback and the GNB will re-advertise the proposal, abandon the proposal or make a recommendation to the Minister of Finance and Services for a final determination. The decision is formalised by way of gazettal and entered into Council’s GIS and records systems.

Risk Management

Compliance with the above policy and procedure minimises any risks associated with this proposal.

Financial Considerations

The provision of a park sign is included in the construction budget for the new park.

Social Considerations

The proposed name “Boyds Orchard Park” complies with the Geographical Names Board of NSW Place Naming Policy and references the local history of the site.

Environmental Considerations

Nil

Community Consultation

A series of community information and consultation activities were undertaken that involved engagement with residents living in close proximity to the proposed new park at Allan Avenue.

In August 2016 Council mailed over 1300 surveys within 500 metres of the new park. Residents were asked how they would like to use the new park and what types of features they would like to see included. The questionnaire and online survey was open for comment for 4 weeks.

Council received 117 submissions via the online survey and 10 email submissions. The results of the questionnaire, along with additional comments offered, provided valuable input for the new park design decisions.

The community survey also engaged the local community to provide input into naming of the new park.

Suggestions received included:

· Allan Avenue Park

· Holmes Street Park

· Duff Street Park

· Blue Gum Park - Referencing the Blue Gum trees on site

· High Hill Park

· Toulouseville Park - Referencing the original 1878 land subdivision of the area

· Boyds Orchard Park – Referencing the subsequent 1893 land subdivision of the area

· Westlake Park

The two most popular submissions were Blue Gum Park and Allan Avenue Park. Blue Gum Park is not recommended as a park with the same name is located in Roseville, within the Willoughby City local government area and for safety reasons a number of blue gums have since been removed. Allan Avenue Park is also not recommended because of the similarity in name to two existing parks within Ku-ring-gai - Allan Small Park and Allen Park.

Research undertaken by Council’s Local Studies Librarian identified the following possible names that relate to local history and generally comply with the Geographical Names Board (GNB) guidelines:

· Boyds Orchard Park – Referencing the 1893 land subdivision of the area; and

· Toulouse Farm Park - Referencing the 1878 land subdivision of the area.

It is recommended that the name Boyds Orchard Park be supported as it references the cultural history and heritage of the area and complies with the GNB guideline that “names associated with the heritage of an area are encouraged, especially the names of early explorers, settlers, naturalists, events.”

Internal Consultation

Consultation has been held with officers within the Strategy and Environment, Operations, and Community Departments regarding the project.

Summary

The name “Boyds Orchard Park” complies with the Geographical Names Board of NSW Place Naming Policy and references the local history of the site. The previous objection to this name in favour of the alternative name “Westlake Park” should now be resolved following the outcome of the Board’s meeting of 14 May 2019, where the GNB rejected the name “Westlake Park” as it did not comply with the Geographical Names Board of NSW Place Naming Policy.

The park is currently under construction and it is anticipated that it will be opened in early 2020. The deadline for naming submissions to be considered at the next GNB meeting is 28 August 2019 and a submission to this meeting should enable sufficient time for this issue to be resolved prior to the opening of the park.

Recommendation:

A. That Council endorses the re-submission of the originally proposed name “Boyds Orchard Park” to the Geographical Names Board for approval following their decision to reject the alternative proposed name “Westlake Park.”

B. Should the name “Boyds Orchard Park” be rejected by the Geographical Names Board that a further report be brought back to Council regarding the proposed name of the park.

Lino Querin

Landscape Planner

William Birt

Co-ordinator Design

George Bounassif

Director Operations

Ordinary Meeting of Council - 20 August 2019	GB.9 / 386

Item GB.9	S03211

Road Naming - Hanson Way

EXECUTIVE SUMMARY

purpose of report:	To report on the proposal to name the new road in Gordon, “Hanson Way”.

background:	This new road commenced by demolishing houses at 32 Dumaresq Street and 33 Moree Street which will make adequate provision for traffic movements within the Gordon Town Centre. These two (2) sites were purchased by Council to allow for the construction of a road linking Dumaresq Street to Moree Street Gordon.

comments:	This name has been submitted by a member of the Hanson family. The road name suggested is “Hanson Way”.

recommendation:	That the Council adopt the name for the new road as “Hanson Way” and notices be published in a local newspaper and the NSW Government Gazette.

Purpose of Report

To report on the proposal to name the new road in Gordon, “Hanson Way”.

Background

This new road between 32 Dumaresq Street and 33 Moree Street will make adequate provision for traffic movements within the Gordon Town Centre.

Augustus Hanson first purchased land in Moree Street then being Lot 10 Moree Street, Gordon. Council’s Plan 2C - 1927. [Attachment A1]

The land was subdivided in 1897 as the “Gordon Heights Estate”. The Hanson family lived continuously at the Moree Street address until the land was purchased for development. With a long history of the Hanson family living in Moree Street it is considered appropriate to name the new road “Hanson Way”.

Comments

A copy of the road plan with the proposed road name is attached to this report. [Attachment A2]

Under Section 162 of the Roads Act 1993, Council is the Road Naming Authority. If Council resolves to adopt the name suggested, “Hanson Way”, Section 162 of the Roads Act 1993, requires publication of the new name in a local newspaper and in the NSW Government Gazette.

The proposed road name does not conflict with any other existing road names in the Ku-ring-gai area and conforms to the Geographical Names Board of New South Wales, NSW Addressing User Manual. It is therefore considered appropriate to name the new road “Hanson Way”.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P8.1.2

Programs for infrastructure are delivered.

Asset management plans are in place

Implementation of assets

Governance Matters

The actions outlined within this report comply with:

· Roads Act 1993, Section 162

· Roads (General) Regulation 2018

· NSW Addressing User Manual – Geographical Names Board of NSW

Risk Management

Compliance with the above Acts, regulations, policies and procedures minimises any risks associated with this proposal.

Financial Considerations

The provision of a street sign is included in the works. Council will be required to fund the installation of the new street sign.

Social Considerations

The chosen name is in accordance with Geographical Names Board of New South Wales, NSW Addressing User Manual.

Environmental Considerations

Nil

Community Consultation

Council has consulted with the Geographical Names Board of New South Wales, and has advertised the proposed road name in a local newspaper.

Submissions have been received to the naming of “Hanson Way” following the advertising period.

A submission proposed an alternate name for the new road and (2) two submissions supported this name. The road name proposed “Hanson Way” conforms to the criteria set by the Geographical Names Board of New South Wales.

Following Council resolution, the adopted road name will be advertised in a local newspaper and the NSW Government Gazette.

Internal Consultation

Council’s Corporate Department has been consulted in this process and will be advised of the new details following approval by Council, and notice published in a local newspaper and in the NSW Government Gazette.

Summary

Council has been asked to approve the road name “Hanson Way”.

No objections were received from the Geographical Names Board of New South Wales. Submissions from the public have been made within the statutory consultation period.

Recommendation:

A. That Council names the new road linking Dumaresq Street to Moree Street Gordon, “Hanson Way”.

B. That a notice of the new road name be published in a local newspaper and the NSW Government Gazette.

Robert Happ

Technical Support Officer

Mark Shaw

Acting Director Operations

George Bounassif

Director Operations

Ordinary Meeting of Council - 20 August 2019	GB.10 / 390

Item GB.10	S10508

Letter of Support - Northern Suburbs Football Association (NSFA) - Greater Sydney Sports Facility Fund Application

EXECUTIVE SUMMARY

purpose of report:	To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.

background:	Northern Suburbs Football Association (NSFA) has a requested a Letter of Support from Council to support their fund application for the Greater Sydney Sports Facility Fund Program.

comments:	Northern Suburbs Football Association (NSFA) is the largest registered sporting association within the Ku-ring-gai LGA. NSFA intends to apply for a $1.5 million grant via the Greater Sydney Sports Facility Fund and supplement $1.2 million from NSFA’s resources to fund construction of a multi-purpose amenities structure at North Turramurra Recreational Area (NTRA).

recommendation:	That Council provide a Letter of Support for North Suburbs Football Association’s (NSFA) grant application to the Greater Sydney Sports Facility Fund Program.

Purpose of Report

To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.

Background

Northern Suburbs Football Association (NSFA) has expressed interest in submitting a grant application through the Greater Sydney Sports Facility Fund Program for the construction of a multi-purpose amenities structure at North Turramurra Recreational Area (NTRA).

The Greater Sydney Sports Facility Fund has been established by the NSW Government to create spaces and places that enable communities to participate in sport at all levels.

The fund will invest in new and existing facilities to improve the quality and quantity of sports infrastructure across Greater Sydney.

The main objective of the Greater Sydney Sports Facility Fund is to ensure funding is allocated to those sporting facilities that deliver the best outcomes for the communities they support.

The aim is to ensure that the right investments in community sport facilities are made and that the best value possible is achieved.

The overall program objectives are to:

· Increase the number and type of sport facilities;

· Improve the standard of existing sport facilities; and

· Increase participation in sport.

The application requires a Letter of Support from Council.

Comments

Northern Suburbs Football Association (NSFA) is the largest registered association within

Ku-ring-gai Local Government Area (LGA). They currently have 16,457 active registrations with 45% living within the LGA. They manage 30 community clubs and one representative club (Northern Tigers FC), with 15 clubs including the Northern Tigers based within the LGA.

They are the main users of Council’s sportsfields, booking approximately 70% of sportsfields within the LGA.

These fields include:

1. Allan Small Oval (Killara)

2. Auluba Oval #1 & #2 (South Turramurra)

3. Bannockburn Oval (North Pymble Park)

4. Barra Brui Reserve (St Ives)

5. Browns Oval (Wahroonga)

6. Carrington Oval (Wahroonga)

7. Charles Bean Oval (Lindfield)

8. Comenarra Reserve (South Turramurra)

9. Darnley Oval (East Gordon Park)

10. Edenborough Oval (Lindfield)

11. Fiddens Wharf Sportsground (West Killara)

12. Friars Field (Pymble)

13. George Christie Sportsground (Wahroonga)

14. Golden Jubilee (back) (Wahroonga)

15. Howson Oval (South Turramurra)

16. Karuah Park (Turramurra)

17. Kent Rd Sportsground (Turramurra)

18. Killara Park (Bert Oldfield)

19. Koola Oval #1 (composite) (Killara)

20. Koola Oval #3 (soccer)

21. Koola Oval #4 (soccer)

22. Loyal Henry Park (Roseville)

23. Mimosa Oval (Rofe Park) (South Turramurra)

24. Norman Griffith Sportsground (West Pymble)

25. NTRA #1 (synthetic) (North Turramurra)

26. NTRA #2 (central)

27. NTRA #3 (east)

28. Primula Oval (West Lindfield)

29. Queen Elizabeth Reserve (West Lindfield)

30. Regimental Oval (2 ovals winter – East and West) (Killara)

31. Roseville Park

32. Samuel King Oval (North Turramurra

33. St Ives Showground Main Arena (2 fields in winter)

34. The Glade (2 fields in winter) (Wahroonga)

35. Toolang Oval (St Ives)

36. Warrimoo Oval (St Ives)

37. Wellington Oval (East Lindfield Park)

NSFA have previously made it known to Council that they wish to construct a multipurpose amenity structure at the NTRA. They estimate the cost of this development is $2.7 million.

Although their proposal to date is unfunded, the NSFA Board have committed to invest $1.2 million towards this project.

NSFA has expressed interest in submitting an application through the Greater Sydney Sports Facility Fund to help fund their proposal.

The submission will be for $1.5 million to fund the design and construction of the multipurpose amenities building to service the adjoining sports fields. It is proposed to use the facility to assist with community programs such as:

· Active Ku-ring-gai Program;

· National Pararoos Program to help people with cerebral palsy, acquired brain injury and symptoms of stroke; and

· Australian Blind Football.

Football Federation Australia view the proposal as a significant building to home the Pararoos which is the national team for athletes with cerebral palsy, acquired brain injury or symptoms acquired from a stroke.

The Greater Sydney Sports Facility Fund application requires approval from either the land owner or the Council. NSFA have requested a Letter of Support from Council to accompany their grant application for the construction of the multipurpose amenities building at North Turramurra Recreation Area (NTRA).

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.

Programs are delivered in collaboration with agencies and partners to encourage healthy and active lifestyles.

Develop and implement sports programs in co-operation with, or by supporting local sporting clubs and providers.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.

Engage with community partners to improve Council’s sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

There are no governance matters to be considered at this point.

Risk Management

There is a reputational risk if Council does not support already established local clubs with improving facilities for the community.

Financial Considerations

No financial considerations. NSFA intend to fund the proposed project of approximately $2.7million via the Greater Sydney Sports Facility Fund ($1.5 million) and a commitment from the NSFA Board of $1.2 million.

Social Considerations

The inclusion of a multipurpose amenity building would provide increase social benefits to the community and user groups and enable better utilisation of the existing fields. It will also provide improved surveillance around NTRA.

Environmental Considerations

If NSFA is successful in their application, a Statement of Environmental Effects will need to be detailed as part of the planning process.

Community Consultation

There has been no community consultation regarding NSFA’s request for a Letter of Support for the Greater Sydney Sports Facility Fund Application.

Internal Consultation

There has been no consultation regarding NSFA’s request for a Letter of Support for the Greater Sydney Facility Fund application (2019).

Summary

The Northern Suburbs Football Association (NSFA) has formerly requested a Letter of Support from Council for their submission to the Greater Sydney Sports Facility Fund Program.

Northern Suburbs Football Association (NSFA) are proposing to construct a multipurpose amenity facility at the North Turramurra Recreation Area (NTRA).

They have committed to investing $1.2 million towards the project with the remaining $1.5 million requested through the Greater Sydney Sports Facility Fund Program.

The facility will be used by the local clubs and utilised by other external groups such as Active Ku-ring-gai, National Pararoos, Australian Blind Football, local cricket clubs, and Elite Golf NSW.

Recommendation:

A. That Ku-ring-gai Council provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund application (2019).

B. The Letter of Support clearly state Council’s support for the Greater Sydney Sports Facility Fund Program application (2019) only.

C. All other grant applications require a separate Letter of Support from Council.

George Bounassif

Director Operations

Ordinary Meeting of Council - 20 August 2019	GB.11 / 395

Item GB.11	S11080

Heritage Reference Committee Recommendations for Heritage Home Grants Applications - Financial Year 2019/2020

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants program for 2019/20. Further, that Council consider additional funding and administrative matters raised by the HRC in relation to the Heritage Home Grants program.

background:	Council’s Heritage Home Grants is an annual funding program available to owners of heritage items and contributory properties located within heritage conservation areas. Applications were considered by the HRC at its meeting of 3 July 2019.

comments:	Council’s HRC have considered and made recommendations in relation to the allocation of funding under Council’s Heritage Home Grants fund for the 2019/20 financial year. Two other recommendations were made by the HRC relating to administrative and funding matters of Council’s Heritage Home Grants program.

recommendation:	That Council approves the grant applications as set out in this report for the Heritage Home Fund 2019/20; waives any applicable Minor Works approval fees required by successful funding recipients to undertake their projects; and as part of the preparation of the 2020/2012 budget considers an increase in the total funds available via its Heritage Home Grants program to $50,000 per year.

Purpose of Report

Background

Council’s Heritage Home Grants is an annual funding program available to owners of heritage items and contributory properties located within heritage conservation areas. The applications for funding under the 2019/20 financial year closed on 31 May 2019 and are subject to the Home Grant Guidelines as shown at Attachment A1. All eligible applications were considered by the HRC at its meeting of 3 July 2019. Recommended funding allocations are included in Attachment A2 to this report, and recommended conditions for approved projects are included in Attachment A3 to this report. The HRC made further recommendations in relation to administrative and funding matters related to Council’s Heritage Home Grants program which are detailed within this report.

As part of the application review process, all properties were visited by Council officers between May and June 2019. Photographs were taken of all the properties and discussion held regarding the proposed works.

Comments

HRC Review of 2019/2020 Funding Applications

Following the opening of Heritage Home Grants application on 1 April 2019, 28 applications for funding were received requesting a total of over $100,000. The call for applications was advertised on Council’s website and an advertisement was placed in the North Shore Times. In addition, a specific heritage conservation area (Bobbin Head Road heritage conservation area in Turramurra) was targeted via the distribution of a postcard sized information brochure. This area was identified for direct marketing as it is a relatively new heritage conservation area (gazetted in 2016) from which Council has not previously received any applications for Heritage Home Grants funding.

At the meeting held on 3 July 2019 the HRC reviewed all eligible applications for the Heritage Home Fund 2019/20. The grant funding pool available for 2019/20 is $34,000. Due to the volume of applications received they were prioritised based on the urgency of the works and their overall contribution to heritage values. An individual letter was sent to the owners of 6 Arden Road, Pymble, with the details of Council’s resolution from 9 April 2019 that funding be made available for this property, subject to compliance with the Heritage Fund Guidelines. However, no application was received from this property during the application period.

Following the review of the applications, 15 projects have been recommended for funding by the HRC to a total amount of $34,815. In most cases, the funding allocation recommended for successful projects is proportional to the amount requested. This recommendation has been made in order for a larger number of suitable projects to receive some level of funding. Works deemed to be urgent conservation works or from within the targeted heritage conservation area (Bobbin Head Road) have been allocated up to $3,100 (dollar for dollar); and works deemed not as urgent but that will still assist conservation values have been allocated up to $2,000 (dollar for dollar). Properties whose works were deemed routine maintenance, or to provide minimal or no direct support to heritage conservation values have not been recommended for funding under the Heritage Home Grants 2019/20 round. An exception was made for a particular application and property, whose works would otherwise be considered as routine maintenance, which has been recommended for funding in recognition of the outstanding conservation efforts by the owner over many years. The allocation of money to this property was made following the withdrawal of another application which would have been recommended for funding.

A summary table of the projects and recommended funding can be found in Attachment A2. All projects will need to be completed and final claims for funding made by 30 June 2020.

Minor Works Applications

Council’s Minor Works approval process allows owners of heritage properties to seek Council consent for minor changes which do not adversely affect the property’s heritage significance under clause 5.10 (3) of the KLEP(LC) 2012 and KLEP 2015, without the requirement to prepare and submit formal development application.

Several of the projects have been identified as requiring a Minor Works approval from Council prior to their commencement due to the scope of the works proposed. This process will ensure that the projects respect the heritage values of the sites and that owners are provided with professional heritage guidance and advice. Projects requiring Minor Works approval are noted in Attachment A3 to this report and have been identified in conjunction with Council’s Heritage Advisor.

Under Council’s recently adopted fees and charges schedule, there is a cost to owners associated with Minor Works applications. The current fees and charges schedule includes a Minor Works application fee of $300 (for properties in heritage conservation areas) or $500 (for heritage items).

The HRC discussed this matter at its meeting and recommended Council consider an exemption from application fees for funding recipients requiring Minor Works approval from Council to undertake their projects. It was considered that this approach is consistent with the overall aim of the Heritage Home Grants fund to support and assist owners of heritage properties.

This matter is further discussed in the Financial Considerations section of this report.

Heritage Home Grants Funding

The increased number of applications received in recent years under Council’s Heritage Home Grants program was noted by the HRC. Following this discussion, the HRC agreed to request an additional allocation of funds from Council for its Heritage Home Grants program. The HRC recommended that an increase of the funding pool to $50,000 (from $34,000 available in 2019/20) should be considered by Council.

Council’s Heritage Home Grants program is an annual program funded within Council’s Capital Works Program and Operational Plan. In recent years, the volume of applications received for funding has increased substantially. A summary of the number of applications received in the last 5 years is as follows:

Funding year	Number of applications	Funding requested
2015-16	4	$19,000
2016-17	15	$55,000
2017-18	10	$45,000
2018-19	21	$87,000
2019-20	28	$132,000

The consequence of an increase in applications has been twofold. Fewer applications are able to be approved for funding from the total number received; and those who are approved are generally only allocated a proportion of the requested funding amount.

This situation has impacted on the ability of the Heritage Home Fund to meet its objective of providing financial support to owners of heritage properties. An increase in the overall funding available for distribution under Council’s Heritage Home Grants program will ensure that the program continues to meet its objective of providing financial support to heritage homeowners.

integrated planning and reporting

Heritage conservation

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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 provisions

Identify gaps in existing strategies and plan

Governance Matters

Consisting of six members, the Heritage Reference Committee includes Councillors, community representatives and heritage practitioners.

The HRC provides advice on heritage matters and assists with the promotion, understanding and appreciation of heritage. While not a decision-making body, the HRC nevertheless plays an important function in shaping Ku-ring-gai's future. This HRC is also an important link in Council's communications with the community.

Risk Management

In providing advice and recommendations to Council on the management of strategic heritage issues in Ku-ring-gai, the HRC assists in the management of Ku-ring-gai’s cultural heritage.

Financial Considerations

The HRC has made two recommendations with financial implications. The first is that Council increase the pool of funding available via Council’s Heritage Home Grants program to $50,000. This will have implications for Council’s Capital Work Program & Operational Projects plan. It is inappropriate to do this in advance of the 2020/2021 budget cycle and consequently should be deferred for consideration at that stage, noting that the original budget allocation has never been indexed.

The second is that Council waive applicable Minor Works fees for successful applicants requiring Minor Works approval for their projects. Under Council’s recently adopted fees and charges schedule, there is a cost to owners associated with Minor Works applications. The current fees and charges schedule includes a Minor Works application fee of $300 (for properties in heritage conservation areas) or $500 (for heritage items). Six projects are identified as requiring Minor Works approval. Should Council resolved to waive these fees the cost to Council via loss of revenue would be $2,800. Council’s Director Development and Regulation has considered this matter and agreed that the fees can be waived in this instance.

Social Considerations

The aims of the HRC are to provide advice to Council on heritage matters and to provide assistance to Council in promoting an understanding and appreciation of heritage, including matters of social heritage significance.

Environmental Considerations

A role of the HRC is to support Council in identifying and managing Ku-ring-gai’s cultural heritage. No additional environmental considerations are relevant to this process.

Community Consultation

The HRC meets on a monthly basis and notification of meetings is provided on Council’s website. Site inspections of all eligible Heritage Home Grants properties occurred between May and June 2019.

Internal Consultation

The HRC includes Councillors and heritage practitioners and is facilitated by Council staff. Council’s corporate section has been consulted regarding the waiving of Minor Works fees for successful Heritage Home Grants applicants. This matter has also been raised with Council’s Director Development and Regulation who has confirmed that the Minor Works application fees can be waived in this instance.

Summary

The HRC held its meeting on 3 July 2019 to consider applications under Council’s Heritage Home Fund 2019/20. 15 applications have been recommended for financial assistance for the 2019/20 financial year. The HRC also made recommendations that Council provide further assistance to applicants by waiving applicable Minor Works application fees for applicable properties; and enhance its support of the program by increasing the amount allocated by Council to its Heritage Home Grants program to $50,000 per year.

Recommendation:

A. That Council approves the grant applications summarised in Attachment A2 for the Heritage Home Fund 2019/20 under the conditions outlined in Attachment A3.

B. That Council waive any applicable Minor Works approval fees required by successful funding recipient to undertake their projects as identified in Attachment A3.

C. That Council considers increasing the total funds available via its Heritage Home Grants program to $50,000 per year as part of the preparation of the 2020/2012 budget.

Maxine Bayley

Strategic Planner Heritage

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Attachment A1 - Heritage Home Fund Guidelines	2019/046940
	A2⇩	Attachment A2 - Heritage Home Grants Recommended Funding and Description of Works FY 2019/20	2019/200168
	A3⇩	Attachment A3 - Heritage Home Grants Offers and Recommended Conditions	2019/200172

Ordinary Meeting of Council - 20 August 2019	GB.12 / 407

Item GB.12	CY00413/7

Minutes of the Heritage Reference Committee

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the Minutes of the Heritage Reference Committee (HRC) meetings.

background:	The Minutes taken at the meetings have been confirmed and accepted by the Heritage Reference Committee.

comments:	A number of issues regarding heritage items and policies relating to heritage were discussed at the Heritage Reference Committee’s meetings.

recommendation:	That Council receives and notes the Heritage Reference Committee meeting Minutes from 28 June 2017, 24 July 2017, 5 April 2018, 3 May 2018, 26 July 2018, 13 September 2018, 22 November 2018 and 5 March 2019.

Purpose of Report

For Council to consider the Minutes of the Heritage Reference Committee (HRC) meetings.

Background

The Ku-ring-gai Heritage Reference Committee was reformed in August 2014 in accordance with the Council’s requirements. The Ku-ring-gai Heritage Reference Committee provides advice to Council.

At the Ordinary Meeting of Council on 24 July 2018 the report on the Minutes for the Heritage Reference Committee was withdrawn. Council was advised the Office of Local Government was undertaking enquiries in background of an IHO for 69 Kissing Point Road, Turramurra and at the time requested Council delay reporting back the HRC minutes back to Council, until their enquires have been carried out. Council’s Heritage Reference Committee has continued to provide advice to Council on other heritage matters and the HRC notes are being reported to Council and made available to the public.

The meetings of 1 March 2018 and 7 November 2017 are not included as they contain discussions on 69 Kissing Point Road, Turramurra. It is understood this matter is still under review by the Department of Planning, Industry and Environment who have assumed the functions of the former NSW Office of Local Government.

Comments

Below is a summary of the key discussions at each heritage committee meeting (noting in some cases where a matter was of importance the HRC comments from the meeting were separately included in a Officers Report to Council for example in the consideration of IHOs 149 Livingstone Ave, Pymble or in the case of the HCAs and the review of 6 Arden Street , Pymble).

· At the meeting of 28 June 2017 (please see Attachment A1) the Committee discussed options for the future of Marian Street Theatre and a request to delist the property 66_3 Pacific Highway in Killara.

· At the meeting of 24 July 2017 (please see Attachment A2) the Committee discussed the applications for the Heritage Home Grants and made recommendations which were subsequently adopted by Council on 8 August 2017.

· At the meeting of 5 April 2018 (please see Attachment A3) the committee discussed staff’s review of the Peer Reviewed Heritage Conservation Areas following the completion of the public exhibition, the new History of Hornsby website, the request to delist 6 Arden Road Pymble and various heritage updates.

· At the meeting of 3 May 2018 (please see Attachment A4) the committee discussed a potential interim heritage order for Cloneen in Pymble.

· At the meeting of 26 July, 2018 (please see Attachment A5) the committee reviewed and made recommendations regarding the applications for the Heritage Home Grants for FY2018/19 which were subsequently adopted by Council 28 August 2018.

· At the meeting of 13 September 2018 (please see Attachment A6) the committee discussed options for community heritage education and the heritage assessment of 149 Livingstone Avenue Pymble.

· At the meeting of 22 November 2018 (please see Attachment A7) the committee undertook a site inspection of 6 Arden Road Pymble and then discussed the comparative analysis prepared by Dr Noni Boyd on the property.

· At the meeting of 5 March 2019 (please see Attachment A8) the key topics discussed by the committee were the Draft Heritage Strategy, a heritage nomination for a property in East Killara and the new members of the Heritage Council 2019.

integrated planning and reporting

Heritage conservation

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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 provisions

Identify gaps in existing strategies and plan

Governance Matters

Consisting of six members, the Heritage Reference Committee includes Councillors, community representatives and heritage practitioners.

The HRC provides advice on heritage matters and assists with the promotion, understanding and appreciation of heritage. While not a decision-making body, and only providing advice to Council, the HRC nevertheless plays an important function in shaping Ku-ring-gai's future. This HRC is also an important link in Council's communications with the community.

Risk Management

In providing advice and recommendations to Council on the management of strategic heritage issues in Ku-ring-gai, the HRC assists in the management of Ku-ring-gai’s cultural heritage.

Financial Considerations

The costs of running the Heritage Reference Committee are covered by the Strategy and Environment Department’s budget.

Social Considerations

The aims of the Heritage Reference Committee are to provide advice to Council on heritage matters and to provide assistance to Council in promoting an understanding and appreciation of heritage, including matters of social heritage significance.

Environmental Considerations

A role of the Heritage Reference Committee is to support Council in identifying and managing Ku‑ring-gai’s Cultural Heritage.

Community Consultation

The Heritage Reference Committee meets on a monthly basis and notification of meetings is provided on Council’s website.

Internal Consultation

The Heritage Reference Committee includes Councillors and specialist heritage practitioners and is facilitated by Council staff. Where relevant, consultation with other Departments may occur in particular with Council’s heritage advisors in Development Assessment.

Summary

The Heritage Reference Committee held meetings on 28 June 2017, 24 July 2017, 5 April 2018, 3 May 2018, 26 July 2018, 13 September 2018, 22 November 2018 and 5 March 2019, and discussed numerous issues relating to Ku-ring-gai’s heritage.

Recommendation:

That Council receives and notes the Heritage Reference Committee Meeting Minutes of 28 June 2017, 24 July 2017, 5 April 2018, 3 May 2018, 26 July 2018, 13 September 2018, 22 November 2018 and 5 March 2019.

Andreana Kennedy

Heritage Specialist Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Minutes - Heritage Reference Committee 28 June 2017	2017/181435
	A2⇩	Minutes - Heritage Reference Committee - 24 July 2017	2017/307638
	A3⇩	Minutes - Heritage Reference Committee - 5 April 2018	2018/095244
	A4⇩	Minutes - Heritage Referencec Committee - 3 May 2018	2018/216604
	A5 ⇩	Minutes - Heritage Reference Committee - 26 July 2018	2018/248713
	A6 ⇩	Minutes - Heritage Reference Committeee - 13 September 2018	2018/345648
	A7 ⇩	Minutes - Heritage Reference Committee Meeting - 22 November 2018	2018/355949
	A8 ⇩	Minutes - Heritage Reference Committee - 5 March 2019	2019/070598

Ordinary Meeting of Council - 20 August 2019	GB.13 / 427

Item GB.13	S04471

Baseball/softball batting cage proposal at Sir David Martin Reserve (Auluba 3), South Turramurra

EXECUTIVE SUMMARY

purpose of report:	To update Council on the Kissing Point Baseball Club’s (KPBC) proposal to include a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra and seek endorsement to conduct community consultation for this provision.

background:	The Sir David Martin Reserve Landscape Masterplan was adopted in November 2007. Within this plan, a batting cage was constructed in 2010 adjacent to the cricket nets at Auluba 1 and 2.

comments:	The Kissing Point Baseball Club has secured funding of $50,000 from the Community Building Partnership Program to contribute towards the delivery of a new batting cage at Auluba 3. The proposed new structure has not been considered under the current masterplan and will require community consultation and subsequent endorsement by Council.

recommendation:	That Council provides approval to undertake community consultation for the inclusion of a batting cage at Auluba 3. Following the consultation period, a report will be prepared to Council which will include feedback from the community and seek final approval.

Purpose of Report

Background

The Sir David Martin Reserve Landscape Masterplan which encompasses Auluba 1, 2 and 3 sports fields was adopted in November 2007 (Attachment A1). Consistent with this plan, a baseball/softball batting cage was constructed in 2010 adjacent to the cricket nets at Auluba 1 and 2.

In recent years, KPBC has been motivated to include a batting cage adjacent to the fence at the south-west end of Auluba 3 (Attachment A2). The existing batting cage at Auluba 1 and 2 is not able to cater to all age groups due to its size and it also creates a safety issue with young children having to walk through bush and out of sight from Auluba 3. Constructing a batting cage at Auluba 3 would enable players to centralise their training activities and utilise it during games to warm up before batting.

A new batting machine to be included with the proposed batting cage was recently donated to KPBC. KPBC believe that the batting machine, which is a training aid for baseball/softball players of all ages, will draw representative teams to Auluba 3 and promote the game of baseball to juniors in Ku-ring-gai.

Comments

With Council’s consent, KPBC was successful in securing $50,000 from the Community Building Partnership Program 2018 to contribute towards the delivery of the new batting cage at Auluba 3.

Council and KPBC have considered the opportunity to modify the existing batting cage at Auluba 1 and 2 to meet the clubs current needs. Added benefits of this approach include minimal community engagement; minimal environmental / visual impact; easier approval process; and lower costs - which would leave more funds available for the back fence, seat and shelter upgrades which the clubs also wants to implement.

The proposed new batting cage at Auluba 3 is the preferred option for KPBC, however, this structure has not been considered under the current masterplan and will require community consultation and subsequent endorsement by Council.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.

Programs are delivered in collaboration with agencies and partners to encourage healthy and active lifestyles.

Develop and implement sports programs in co-operation with, or by supporting local sporting clubs and providers.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.

Engage with community partners to improve Councils sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

If the project goes ahead it would be considered under the State Environmental Planning Policy (Infrastructure) 2007. This instrument applies to, among other lands, public reserves within the same meaning as it has in clause 65 (3), wherein certain development may be carried out by or on behalf of a Council without development consent on a public reserve under the control of or vested in the council for (b) recreation areas and recreation facilities (outdoors), but not including grandstands. Other forms of environmental review are required

Risk Management

If the project is not able to proceed:

· Council and KPBC are at risk of losing the funding opportunity of $50,000 (Community Building Partnership Program);

· Council is at risk of losing the club’s contributing funds of $30,000 towards the batting cage; and

· the training needs for KPBC and the sport will not be enhanced to meet the growing demand.

Financial Considerations

KPBC has secured funding of $50,000 from the Community Building Partnership Program to contribute towards the delivery of a new batting cage at Auluba 3, South Turramurra. The project completion deadline set by program guidelines is 31 March 2020. KPBC has also advised that the Club has been able to save and fundraise an additional $30,000 to contribute towards the project.

Social Considerations

The provision of a batting cage at Auluba 3 will enable better utilisation of facilities by KPBC and will contribute towards the growth of the sport in Ku-ring-gai.

The vision of the existing Landscape Master Plan aims to minimise the proliferation of sports structures within the broader park areas. The proposed location of the batting cage has been chosen in consideration of this as it closely aligns to the perimeter fence and does not intrude the field nor will it impact formal or informal recreation and sporting activities.

Environmental Considerations

Under the Environmental Planning and Assessment Act 1979 (EPA Act), Council has a responsibility to consider the likely environmental impact of any proposed activity. When considering the baseball/softball batting cage at Auluba 3, Council must identify all potential impacts of that activity and consider the scale and significance of any such impacts, to determine whether the proposal should precede, be modified, reviewed or not undertaken at all.

According to the EPA Act, exempt development may be carried out under certain ciercumstances if the development is of ‘minimal environmental impact’.

Community Consultation

The preparation of the Landscape Masterplan involved an extensive and thorough consultation process, including a community workshop, two site meetings and interview and email responses.

Council acknowledges that this consultation process occurred in 2006. The proposed structure was not included in the adopted plan and additional consultation with the community will be required prior to final approval. Consultation will include resident notification, information on Council’s website and notification in the local press.

Internal Consultation

This report has been prepared in consultation with the Strategy and Environment and Operations Departments.

Summary

The Sir David Martin Reserve Landscape Masterplan was adopted in November 2007. Within this plan, a batting cage was constructed in 2010 adjacent to the cricket nets at Auluba 1 and 2.

The Kissing Point Baseball Club has secured funding of $50,000 from the Community Building Partnership Program to contribute towards the delivery of a new batting cage at Auluba 3.

The proposed new structure has not been considered under the current masterplan and will require broader community consultation and endorsement.

Recommendation:

That Council provides approval to undertake community consultation for the inclusion of a baseball/softball batting cage at Auluba 3 South Turramurra. Following the exhibition period, a report be brought back to Council.

Guy Thomas

Strategic Recreation Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Sir David Martin Reserve Landscape Masterplan		986043
	A2⇩	Kissing Point Baseball Club - Proposed Batting Cage Design		2019/224107

Ordinary Meeting of Council - 20 August 2019	GB.14 / 466

Item GB.14	RFT10-2019

Tender RFT10-2019 - Playground Upgrade - Irish Town Grove

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Playground Upgrade – Irish Town Grove and to appoint the preferred tenderer.

background:	Council approved the funding for Playground Upgrade Irish Town Grove. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 18^th June 2019 and closed on the 16^th July 2019.

comments:	Council received eight (8) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

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

Purpose of Report

To consider the tenders received for Playground Upgrade – Irish Town Grove and to appoint the preferred tenderer.

Background

Council approved the funding for Playground Upgrade Irish Town Grove. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 18^th June 2019 and closed on the 16^th July 2019.

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

Comments

Eight (8) tenders were received and recorded in accordance with Council’s tendering policy. Tenders were received from the following companies:

· Growth Civil Landscapes Pty Ltd

· Undercover Landscapes Pty Ltd

· Furnass Landscaping Enterprises Pty Ltd

· Sudiro Constructions Pty Ltd

· Paramount Landscaping Pty Ltd

· Go Gardening Pty Ltd

· Grow and Construct Pty Ltd

· Scape Constructions Pty Ltd

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the eight (8) tenders received.

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing the best value for money to Council.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing the best value for money to Council.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

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.

P6.1.1.1: Deliver Council’s adopted Open Space Capital Works Program.

Governance Matters

Tender documents were prepared and released through Tenderlink on 18^th June 2019 and closed on the 16^th July 2019. At the close of tender, eight (8) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the eight (8) tenders received. The evaluation considered:

· Conformity of submission,

· Lump sum fee,

· Ability to provide full range of services with suitably qualified staff,

· Availability – Start Date and estimated duration of work,

· Risk Management and Environmental

· Work Health and Safety

· Performance and Financial Assessment.

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

Risk Management

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

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

· Risk Management, Environmental and WHS.

· That Council should not be exposed to financial risk - as part of the evaluation process, tenderers were assessed on providing all information and costs requested within the tender document. An independent Performance and Financial Assessment was carried out on the preferred tenderer to ensure that they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

As part of the independent Financial and Performance Assessment of Tenderer ‘A’ by Corporate Scorecard Pty Ltd, the following areas were examined:

· That Tenderer ‘A’ has the financial capacity to undertake the proposed value of work.

· That Tenderer ‘A’ has been trading in a profitable and responsible manner during the last three (3) years as reviewed by Corporate Scorecard.

· That Tenderer ‘A’ has sufficient assets/reserves to cover all possible debts during the period of work.

The financial aspect of the assessment shows Tenderer ‘A’ is able to satisfy all requirements and is unlikely to expose Council to any financial risk if awarded the tender as detailed within Council’s tender documents.

Financial Considerations

The construction of the Playground Upgrade Irish Town Grove will be funded from the Infrastructure and Facilities reserve and the S94A Levy.

Social Considerations

On completion, the proposed work will provide a facility which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions including recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

Environmental Considerations

An Environmental Minor Works Assessment (MWA) has been undertaken and there were no impacts identified.

Community Consultation

As part of this project, community consultation was undertaken. Council distributed the copy of the concept plan to 476 residents who were given opportunity to provide comment.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT10-2019 Playground Upgrade – Irish Town Grove was released through Tenderlink on 18^th June 2019 and closed on the 16^th July 2019.

A Tender Evaluation Panel was formed consisting of representatives from the Operations Department. Council received eight (8) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation and an independent performance and financial assessment, it is recommended that Tenderer ‘A’ be appointed on the basis of providing the best value for money to Council.

Recommendation:

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Playground Upgrade – Irish Town Grove.

B. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

C. That the Seal of Council be affixed to all necessary documents.

D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT10-2019 List of Tenderers		Confidential
	A2	RFT10-2019 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 20 August 2019	GB.15 / 471

Item GB.15	S07455

Renewal of Lease to West Pymble Bicentennial Club

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to grant a twenty-one (21) year lease to the West Pymble Bicentennial Club located at No. 2 Prince of Wales Drive, West Pymble in accordance with the terms set out in the confidential Heads of Agreement (Attachment A1).

background:	The West Pymble Bicentennial Club, formerly known as the West Pymble Bowling Club has occupied the site since 1960. At present, the Club’s lease has expired and they have continued to remain in occupation under holdover provisions until a new lease agreement can be entered into. The Club is seeking a 21 year lease to enable it to apply for grants and progress plans to improve the facilities for the local community’s use.

comments:	The West Pymble Bicentennial Club currently has 63 bowling members and 1522 social members. In the last year, the Club has grown its social membership by 30% and bowling membership by 2%. In addition to lawn bowls, the Club has attracted additional social members through a variety of activities and events at the Club. The Club also supports local community and sporting groups by providing a venue to hold their meetings, fundraisers and other events.

recommendation:	That Council grants a twenty-one (21) year lease to the West Pymble Bicentennial Club and authorises the Mayor and General Manager to sign the documentation and affix the Common Seal of Council to the Lease, subject to the terms and conditions of this report.

Purpose of Report

Background

The West Pymble Bicentennial Club, formerly known as the West Pymble Bowling Club has been in occupation of this site since 1960.

The current lease includes a clubhouse building, previously constructed by the Club, bowling greens, car parking area and yard areas.

The Club’s most recent lease commenced on 24 December 2005 and expired on 23 December 2010 and included two options, each for five years. A review of Council’s records indicates that the Club sought to renew the lease in previous years. Lease agreements for the two (2) by five (5) year options were not progressed. As a result, the Club has remained in occupation by way of holdover provisions since 2010.

Comments

In December 2018, Council staff met with the Manager and Chairman of the Club to discuss the renewal of the lease and the Club’s operations. It was noted that renewing the lease would allow the Club to apply for grants and move forward with their plans to improve the Club and its offerings for the local community.

The Club’s primary functions include:

· providing a venue for and facilitating the sport of lawn bowls;

· providing a social venue to the local community which includes the operation of a licenced bar, kitchen and gaming facilities; and

· hosting events and activities for the local community including movie nights, school holiday activities, fundraisers, trivia nights and public holiday celebrations.

In recent years, the Club has focused on providing the local community with a safe, friendly and family orientated gathering place for all. The Club is looking to expand the number of events and activities it hosts each year and in particular is looking to continue to improve its Special Needs Program where it works with a number of Community Organisations such as ‘Ladies of Variety’ and ‘Fighting Chance’ to support those with disabilities. Furthermore, at the 2018 Better Business Partners awards night the Club was nominated for and won an award in the category of ‘Inclusion’.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P7.1.2: Usage of existing community buildings and facilities is optimised.

P7.1.2.1: Provide accommodation for identified community services in line with Council’s Management of Community and Recreation Facilities Policy.

Governance Matters

The granting of a lease for a term of up to twenty-one (21) years to a Non-Profit Organisation is permissible pursuant to Section 46A of the Local Government Act, 1993 without the need for a tender.

To satisfy probity and transparency requirements, Council staff have engaged an independent valuer to assess the market rent for the Club’s premises.

Risk Management

The lease agreement, if approved, will include appropriate conditions for insurance and indemnities in order to mitigate any risks to Council. The lease would be prepared by Council’s solicitors who will ensure it adequately protects Council’s interests.

Financial Considerations

The market rent for the lease of the land is to be assessed by an independent valuer.

A subsidy will be applied to the assessed market rent in accordance with the criteria outlined in the Management of Community and Recreation Land and Facilities Policy which was adopted in 2018.

Social Considerations

The West Pymble Bicentennial Club carries out a number of events, activities and initiatives to support the local community including:

· a number of activities suitable for senior residents including lawn bowls which is a great way to keep active, stay fit and meet others;

· a Special Needs Program where the Club works with a number of Community Organisations such as ‘Ladies of Variety’ and ‘Fighting Chance’ to support those with disabilities. In 2018 at the Better Business Partners awards night the Club was awarded for its contribution to the community for ‘Inclusion’;

· a volunteer-run community garden at the rear of the Club. During their visit, Council staff were impressed by the garden and the wide range of fruits and vegetables that it produces and the social benefit it provides specifically to the aged population who may have downsized and no longer have a garden of their own;

· Providing a dog friendly Club that is supportive of the local population who have animals and welcomes them with bowls of water for their pets; and

· providing support to local sporting groups, through sponsorship, in house promotion, membership and a venue for their calendar events such as registration days, meeting spaces, presentations and fundraising nights.

Environmental Considerations

Provisions of the proposed lease agreement and the development consent conditions for the Club place a number of conditions on the operation of the premises including the permitted use, hours of operation, number of patrons and noise mitigation measures to protect the amenity of surrounding residents. The proposed lease agreement will also include a provision stating that the Club must comply with any relevant statutory environmental and planning requirements which may apply to the Club’s use of the land as has been included in the Club’s prior lease agreements.

Community Consultation

Should Council approve the grant of a new lease, public notification of the proposed lease will be undertaken in accordance with Section 47 of the Local Government Act, 1993.

Internal Consultation

Internal consultation has taken place within the Strategy and Environment Department and with the Development and Assessment Department. Specific consultation has taken place with Council’s Environmental Health Officer to ensure that if approved, the lease will include satisfactory Food Safety provisions.

Summary

The West Pymble Bicentennial Club, formerly known as the West Pymble Bowling Club has occupied No. 2 Prince of Wales Drive, West Pymble since 1960.

The Club’s most recent lease commenced on 24 December 2005 and expired on 23 December 2010. Since then, the Club has been occupying the site under the holdover provisions of the last lease. The Club is seeking a 21 year lease to enable it to apply for grants and progress plans to improve the facilities for the local community’s use.

Council staff and the West Pymble Bicentennial Club have met and agreed on the essential terms of lease as outlined in the confidential Heads of Agreement (Attachment A1).

The Club is situated on community classified land and in accordance with Section 46 of the Local Government Act, 1993, the Club’s operation is expressly authorised in the ‘Ku-ring-gai Bicentennial Park Plan of Management’. The granting of a lease for a term of up to twenty-one (21) years to a Non-Profit Organisation is permissible under Section 46A of the Local Government Act, 1993 without the need for a tender.

Should Council approve the grant of a new lease, public notification of the proposed lease will be undertaken in accordance with Section 47 of the Local Government Act, 1993.

An independent valuer has been engaged to assess the market rent to which a subsidy will be applied to in accordance with Council’s Management of Community and Recreation Land and Facilities Policy.

The Club has contributed in a positive way to the local community since its inception and their focus on being a safe, friendly and family orientated gathering place for all is certainly reflected in their operations.

It is recommended that Council grants a twenty-one (21) year lease to the West Pymble Bicentennial Club in accordance with the terms outlined in this report and the Confidential Heads of Agreement (Attachment A1). Should there be any objections to the grant of the lease during the public notification period, a further report will be submitted for Council’s consideration.

Recommendation:

A. That Council enters into a lease agreement with the West Pymble Bicentennial Club for a maximum term of twenty-one (21) years in accordance with the terms set out in the confidential Heads of Agreement(Attachment A1).

B. That the Mayor and General Manager are delegated authority to execute all documentation associated with the lease.

C. That Council affix the Common Seal to any necessary documents.

D. That public notification of the proposed lease be undertaken in accordance with Section 47 of the Local Government Act, 1993.

Claire Khalil

Acting Property Program Coordinators

Helen Lowndes

Acting Manager Integrated Planning Property & Assets

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Confidential Attachment 1 - Heads of Agreement		Confidential
	A2⇩	Attachment 2 - Location map		2019/217103

Ordinary Meeting of Council - 20 August 2019	NM.1 / 477

Item NM.1	S06843

Notice of Motion

BGHF Regeneration Plan