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Agenda

Ordinary Council Meeting

21 June 2021

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

commence consideration of all other business at 7pm.

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Notice of Meeting

Dear Councillors

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Monday 21 June 2021 commencing at 7pm. The business to be transacted at the meeting is included in this business paper.

Yours faithfully

Craig - GM

Craig Wrightson

General Manager

Council Meeting Procedures

The Council meeting is chaired by the Mayor, Councillor Pam Palmer. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Thursday following the meeting.

Meetings are conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda’s Table of Contents. The order of the Agenda will be followed unless Council resolves to change the order at the meeting. For example, where members of the public may be interested in a specific Agenda item.

Please note that the Public Gallery will be open to a maximum of 30 people in accordance with current NSW Government directives and in the interests of public health.

The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. Please note all Public Forum participants must be registered to speak using the online form, no later than midnight on the day prior to the meeting (i.e. Sunday 20 June 2021). Online speakers will receive a Zoom meeting link by email on the day of the meeting. A time limit of three minutes applies to all speakers in the Public Forum.

Members of the public can also submit a written address via email to service@lanecove.nsw.gov.au. Written addresses will be circulated to Councillors, shall be a maximum of 500 words and be received by Council no later than midnight, on the day prior to the meeting.

If you have any queiries regarding the the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

Ordinary Council Meeting 21 June 2021

Notice of Motion - Accessible Parking

Subject: Notice of Motion - Accessible Parking

Record No: SU840 - 35267/21

Division: Lane Cove Council

Author(s): Councillor Andrew Zbik

Executive Summary

This motion seeks Council support to change the current Schedule of Parking Offences in NSW to allow disabled passengers of taxi or share ride services to be picked up or dropped off in designated disabled parking spaces, without penalty to the driver, provided they are registered users of the Mobility Parking Scheme and in possession of a permit.

Discussion

Over the last month I have received feedback from local residents in Lane Cove regarding the inability of a taxi or Share Ride to pick-up or drop-off a fare paying passenger in a disabled persons parking space or area.

Based on the schedule of NSW Parking Offences, standing or stopping in a disabled personas parking space or area can result in a fine up $581 and one demerit point.

Source: https://roads-waterways.transport.nsw.gov.au/documents/roads/safety-rules/demerits-parking.pdf

Residents have explained to me that disabled persons parking spaces are often located in close proximity to their departure point or destination point. The inability of a taxi or share ride services to stop or stand in a disabled persons parking space can cause significant challenge and difficulty for a person who does not have independent mobility.

This motion seeks to bring this matter to the attention of the NSW Government and Local Government NSW to consider and implement an exemption to these parking offences for taxi’s or share rides if the fare paying passenger is in possession of a Mobility Parking Scheme Permit.

RECOMMENDATION

That Council:-

1) Support change to the schedule of parking offences in NSW to permit a taxi or share ride

to pick-up or drop-off a fare paying passenger in a disabled persons parking space or area

who is in possession of Mobility Parking Scheme Permit.

2) Write to the following Ministers and Shadow Ministers seeking their support for this change:-

- NSW Minister for Families, Communities and Disability Services – Alister Henskens

- NSW Minister for Transport and Roads – Andrew Constance

- Shadow Minister for Disability Inclusion - Kate Washington

- NSW Shadow Minister for Roads – John Graham

3) The motion be lodged with Local Government NSW for the Annual Conference.

Councillor Andrew Zbik

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 June 2021

Consultation Results on the 2021/22 Draft Budget, Fees & Charges, Delivery Program and Operational Plan

Subject: Consultation Results on the 2021/22 Draft Budget, Fees & Charges, Delivery Program and Operational Plan

Record No: SU8192 - 32531/21

Division: Corporate Services Division

Author(s): Sarah Seaman

Executive Summary

This report provides consideration of submissions received as a result of the public exhibition of Council’s Draft 2021-22 Delivery Program and Operational Plan, Draft 2021-22 Budget and the Draft 2021-2022 Schedule of Fees and Charges. Council approved the exhibition of the draft documents at its meeting of 19 April 2021 and the statutory public exhibition period closed on 4 June 2021. Ten (10) submissions were received in total. These are addressed in the report but require no changes to the Draft Delivery Program and Operational Plan. Where applicable, they will be pursued administratively. No changes are recommended for the exhibited Draft 2020-21 Budget and minor changes have been recommended for the Draft 2021-2022 Schedule of Fees and Charges.

Background

At its meeting dated 19 April 2021 Council resolved that:

“1. Council adopt, for the purpose of public exhibition, the 2021/22 Draft Budget and Draft Fees and Charges, the Delivery Program and Operational Plan 2021/22;

2. Council undertake community consultation for a period of six (6) weeks as per the consultation outlined in the report; and

3. Following public exhibition, the 2021/22 Draft Budget and Draft Fees and Charges and the Delivery Program and Operational Plan 2021/22, together with a report on any submissions received, be considered at the Council meeting to be held 21 June 2021.”

Discussion

Community consultation on the Draft Plans was undertaken from 23 April 2021 to 4 June 2021 and included:-

· An online exhibition;

· Two (2) eNewsletter sent to approximately 6,000 recipients;

· Two (2) Promotion on social media;

· Feature in the may edition of the Village Observer; and

· Notifications to Council Advisory Committees.

Submissions

Ten (10) submissions from the community were received on the draft documents. Seven (7) were received as part of the online survey questionnaire and three (3) were free-form submissions to Council. Comments and responses on the points raised in these submissions are provided in

(AT-1) to this report. The submissions are helpful in terms of future planning, however do not require the associated plans to be amended. A summary of the submissions follows:-

Online Survey (7)

Comments from the online survey were limited, however included the following key points;

1. Concerns that golf course fees are too high

2. Concerns related to development in the local government area

3. The need to invest more in Arts and Crafts

Free Form Submissions (3)

The three (3) free-form submissions included a variety of matters which have been summarised and addressed in (AT-1), and include the following:-

1. Concerns that car share fees are too high

2. The need to address issues being faced by LGBTI families in Lane Cove

3. Promote walking netball for over 55’s

4. Increase police presence in Lane Cove

5. Concerns regarding increased graffiti and vandalism in Lane Cove

6. The need for additional drop and kiss zones across Lane Cove

7. The need to alleviate congestion on Longueville Road at the top end of the Plaza

8. Sustainable development to include impact on locals during construction periods.

9. The need to increase online services, including better reporting for dangerous and hazardous situations, and be website mobile/tablet friendly

10. Look to extend The Canopy and Plaza paving to include areas near the TAB and Unwined Bar

11. Look at including community spaces within the proposed Men’s Shed redevelopment

12. The need for additional reporting into what is included in capital grants and contributions, including reference of what is proposed to be spent from the s7.11 capital works plan

13. The need for a public recording system for resolution tracking

14. Remove funding for proposed roundabout and go to community consultation

15. Remove Bob Campbell Oval Upgrade (and the proposed shared user path from Bob Campbell Oval) from the budget.

The Draft 2021-22 Delivery Program and Operational Plan is attached at (AT-2).

Draft Budget 2021-22

Due to a combination of new statutory reporting requirements, as advised by the Office of Local Government, and Council implementing a new (and improved) general ledger structure and management reporting systems, the final budget figures have been slightly modified to match these new reporting requirements. It is important to note that these changes have no impact on Council’s budget, nor its financial position or performance. Refer to (AT-3).

Draft Fees & Charges 2021/22

An amendment has been made in relation to the statutory interest rate as it relates to Overdue/Outstanding Rates. The statutory interest rate charge (determined by the NSW State Government) has been reduced from 7.0% to 6.0% per annum.

One other change has been made to align the companion animal fees with State Government Regulations which resulted in a minor increase in statutory fees and charges. Refer to (AT-4).

Long Term Financial Plan

The Long-Term Financial Plan (LTFP) is a key 10-year financial planning document that contains a series of financial strategies and accompanying performance indicators that Council considers when making significant strategic decisions about resource allocation. The LTFP is required to be updated annually as part of the development of the Delivery program and Operational Plan and incorporates the proposed 2021/22 Budget. Council continues to meet all relevant performance measures and benchmarks, notwithstanding the recent impacts of the COVID-19 Pandemic. Refer to (AT-5).

Sustainability Levy

A summary of projects included in the 2021/22 Sustainability Levy includes:

Depot Solar and Water Harvesting	Resilience Plan Implementation
Every Child a Bushland Experience	Solar for Business
Feral Animal Control	Sustainability Action Plan - Community Engagement
HarbourCare	Sustainable Building Advisory Service
Lovetts Reserve Biodiversity Protection	Sustainability Communication
Native Garden/Disability Support Program	Sustainability Events
Nursery Water Capture and Track Upgrade	Sustainability Lane
Powerful Owl Project Support	Sustainability Reporting
Rope Access Noxious Weed Control	Village Graffiti Reduction Program
Streamwatch Program and National Waterbug Blitz	Water Efficiency in Apartments
Tree Trail Upgrade	Water Testing Program
Urban Forest Strategy	Burns Bay Road Banners
Urban Rewilding Linkage Project Contribution	Community Wellbeing Survey
Volunteer Bushcare Program - materials	Canopy Sustainability
Warraroon Wetlands Restoration - Stage 4	Love Where You Live
Carbon Neutral Fleet	Recycled Street Flag Project
Greener Apartments	Sustainable Council Buildings
Nuisance Bird Project	Village Art

Conclusion

It is considered that the limited response during the public exhibition period reflects general

community support for Council’s proposed activities, projects, budget and fees and charges for 2021/22. It is therefore recommended that Council adopt the documents and the proposed 2021/22 Rates, Fees and Charges, Domestic Waste Management Charges and Stormwater Management Charges.

RECOMMENDATION

That:-

1. Council receive and note the submissions received from the community, shown attached as AT-1.

2. Council adopt the Draft 2021-22 Delivery Program and Operational Plan shown attached as AT-2, Draft Budget 2021-22 shown attached as AT-3, Draft Fees and Charges 2021-22 shown attached as AT-4 and updated Long Term Financial Plan 2021 shown attached as AT-5.

3. Council fix the Ordinary Rates and Charges for 2021/22 as:-

a) Ordinary Rates

(i) An Ordinary Residential Rate of 0.109188 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $931, to yield $20,792,006.

(ii) An Ordinary Business Rate of 0.576540 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $951 to yield $5,945,525.

(iii) Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.200299 cents in the dollar be made for 2021/22 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $176,478.

b) Domestic Waste Management Charges

(i) In accordance with S.496 of the Local Government Act 1993, that an annual charge of $465.60 per annum be made for the year 2021/22, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii) In accordance with S.496 of the Local Government Act 1993, that an annual charge of $125.40 per annum be made for the year 2021/22, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service be made for the year 2021/22, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $9.00 per service be made for the year 2021/22, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $9.00 per service be made for the year 2021/22, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable properties;

(vi) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $9.00 per service be made for the year 2021/22, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) In accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $5.20 per fortnightly service be made for the year 2021/22 for each extra recycling service to single residential dwellings.

(viii) In accordance with S.502 of the Local Government Act 1993 that an annual charge of $131.00 per annum be made for the year 2021/22 for each fortnightly green waste collection service to single residential dwellings.

(ix) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $20.40 per service be made for the year 2021/22, for each additional weekly 240 litre domestic waste management service rendered to unit blocks only (excluding green waste and recycling service);

c) Stormwater Management Service Charge

In accordance with clauses 125A and 125AA of the Local Government (General) Regulation 2005 and Section 496A of the Local Government Act 1993, annual charges for the year 2021/22 for Stormwater Management Services be made and levied as follows:

- All parcels of vacant land - Nil $ charge

- All Residential Strata Units - $12.50 per unit

- All Residential Non Strata Properties - $25.00 per property

- All Business Strata Units and Properties - $25.00 per unit or property

d) Interest on Overdue Rates and Charges

In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2021 to 30 June 2022 to all outstanding rates and charges be calculated at the maximum interest rate of 6.0% as specified by the Minister for Local Government

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1View	Responses to Submissions	5 Pages
AT‑2View	Draft 2021-22 Delivery Program and Operational Plan	108 Pages
AT‑3View	Draft Budget 2021-22	11 Pages
AT‑4View	Draft Fees and Charges 2021-22	24 Pages
AT‑5View	Long Term Financial Plan 2021	31 Pages

ATTACHMENT 2

Draft 2021-22 Delivery Program and Operational Plan

PDF Creator

Ordinary Council Meeting 21 June 2021

Draft Dog Strategy

Subject: Draft Dog Strategy

Record No: SU8163 - 33015/21

Division: Open Space and Urban Services Division

Author(s): Helen Haigh

Executive Summary

Council resolved at the July 2020 Council meeting to develop a Dog Friendly Lane Cove Strategy as a proactive way to provide a strategic approach to the future provision of our dog friendly spaces.

A consultant was engaged to develop the Strategy in early 2021. As part of developing the Strategy community consultation was undertaken via drop-in sessions held at local dog off-leash areas, an online survey and meetings with key stakeholders. Background data was also utilised from existing Council plans and strategies in conjunction with NSW state legislation (such as the Companion Animals Act, 1998) and best practice learnt from other council’s dog strategies.

This report recommends that the Draft Dog Strategy be adopted for the purpose of community consultation and that a further report addressing any submissions received and any proposed amendments to the draft, be received by Council following the consultation period.

Background

A Leash Free Areas Review was prepared in 2007 with the purpose of determining Council’s compliance with current legislation and guidelines; the suitability of existing leash-free areas; best practice management of competing uses at leash-free areas; the adequacy of current signage and the adequacy of dog friendly facilities (i.e. water, dog-waste bins etc) at leash free areas.

That report has guided Council to date on the provisions for off-leash dog areas within the Local Government Area (LGA). The report’s recommendations have largely been implemented, however given its age, a review is appropriate.

Council has seen an increase in population over the last 10 years from some 33,233 in 2011 to 40,534 (2021), and over 6,000 dogs are now registered on the pet registry as residing in the LGA. The population increase may not draw a parallel increase in dogs (due to apartment dwelling) but as the population has grown demand for open space by a variety of users has followed. This has created a need for Council to plan for the provision for dog exercise areas in the future.

Council currently has 19 off-leash dog areas, totaling approximately 104,685m². This includes 2 fully fenced exclusive dog parks, 6 sports fields used as off-leash dog areas (when they are not booked for sports) and 11 smaller parks with off-leash areas. This equates to approximately 2,078 people per off-leash facility (Ryde has 9,804 people per facility and Willoughby 6,180 per facility respectively).

Lane Cove is well known and regarded as a green and leafy area, with over 90Ha of Bushland, which is home to over 270 fauna species. While these areas currently allow for on-leash dog walking, the classification of these reserves is not consistent with neighbouring council areas who have introduced Wildlife Protection Areas to increase the awareness of impacts that dogs have on wildlife when not on a lead. For example, Smoothey Park in North Sydney LGA (a declared wildlife protection area) shares a bush track with Greendale Park in the Lane Cove LGA.

Council resolved to prepare a Dog Friendly Lane Cove Strategy in response to recent conflicts on shared sportsfields with off-leash areas. The aim is to provide a strategic approach to the future provision of our dog friendly spaces.

Discussion

The Draft Strategy (AT-1) has been developed to ensure a strategic approach to the future provision of our dog friendly spaces. Community consultation has informed the Draft Strategy alongside in-depth reviews of past and present plans, strategies and legislation across NSW and other states.

Planning for dogs has evolved since the last review was carried out. The following points highlight the changes over the last decade-:

· There is a much greater acceptance of the need to plan for dogs in the community, not just by Lane Cove Council. since 2007 Leash Free Area Review and the 1998 when the Companion Animals Act was introduced requiring each Council to only provide 1 off leash area;

· an increase in understanding the benefits of dog ownership and subsequent open space planning.

· recognition of popularity of dog walking. Where previously this was perhaps subsumed in “walking”, now the social aspects have probably risen since dedicated off leash areas have been introduced. (The LCC Open Space Plan 2016 found that dog walking was the 4th most popular activity in Council’s parks and reserves); and

· many Councils now provide more sophisticated purpose designed facilities. Lane Cove Council has established two such Dog Parks.

To identify contemporary issues with Dog Users prior to preparing the Strategy, a Have Your Say online survey was developed by a specialist Dog Strategy consultant and Council. Notification of the survey was made through Council’s website, eNewsletter, Council’s quarterly rates notice and signage at popular locations around the LGA. The survey was open for 4 weeks and ran alongside drop-in sessions and stakeholder meetings. Over 680 people responded to the survey.

Drop-in sessions were held at 3 locations; Blackman Park Dog Park, Kingsford Smith Oval and Pottery Green Oval. The sessions were approximately 2 hours which were attended by over 100 people in total at the combined locations.

Stakeholder meetings were held with the Bushland Management Advisory Committee, Lane Cove Bushland and Conservation Society, Sporting groups and the Lane Cove Dog Lovers Association.

Following the review and initial consultation, the Strategy was developed which contains the following key recommendations: -

· At the core of this strategy is the principle of owner responsibility. The strategy contains recommendations to educate (i.e. through dog related training events) and enforce the requirements and expected standards of behaviour of dogs and their owners in public places.

· Existing default on-leash will be retained and existing off-leash areas will be retained

· Council will plan and manage off-leash areas using to a hierarchy of municipal, neighbourhood and local off-leash areas and dog parks. The strategy contains criteria for each level of the hierarchy

· Future dog parks and off-leash areas will be selected and designed in accordance with criteria and best practice contained in the strategy. No changes are proposed to the existing arrangements for fencing and gates at existing dog parks and off-leash areas

· A swimming area for dogs is proposed to be investigated and if appropriate should be trialled at Blackman Park

· Consideration be given to extending the flag system in use at Kingsford Smith Oval to other shared sportsgrounds

· Consideration will be given to extending the pesticides notification period to allow dog owners to choose if they wish to avoid the space for a longer period

· Consideration will be given to classifying bushland reserves as wildlife protection areas by establishing two categories – dogs prohibited and dogs on-lead to increase the environmental significance of bushland for wildlife

· Public lighting has the potential to extend the use of dog parks. A public lighting trial will be investigated for the dog park at Blackman Park

· The location and content of all dog related signage will be audited and reviewed

· A comprehensive Information, Education and Communications Plan will be prepared that identifies the role and best use of each means of communicating with the community

· A central hub for dog related information will be provided on Council’s website

· Interpretive signage that explains the environmental significance of bushland areas and their sensitivity to a range of risks including dogs should be considered at the entries to the bushland reserves.

The strategy should be reviewed periodically to ensure it remains current and its recommendations are implemented. It will also be included within the planning framework of the Lane Cove Open Space Plan. The Open Space Plan is the overarching strategy that other recreation, open space and bushland management plans fall under to ensure a consistent approach to all planning and service delivery. It is appropriate that this strategy should also sit within this planning framework.

Community Consultation

Statement of Intent

The consultation is designed to communicate the Draft Dog Strategy. Any comments received will be reviewed and evaluated to determine whether or not to proceed with the Dog Strategy and/or if refinements to the document are required.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	Advertisement and newsletter	Public Exhibition, Website Exhibition incl survey
Indicative Timing	June 2021 – August 2021	June 2021 – August 2021

Conclusion

The Draft Dog Strategy 2021 is ready for public exhibition and community consultation. Once adopted this the Dog Strategy will guide Council in future works.

RECOMMENDATION

That:-

1. Council adopt for the purpose of public exhibition, the Draft Dog Friendly Strategy;

2. Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and

3. Following the exhibition period, the Draft Dog Strategy, together with a report on any submissions received and any proposed amendments, be considered by Council.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1View

Draft Dog Strategy 2021

30 Pages

Ordinary Council Meeting 21 June 2021

Draft Climate Resilience Plan

Subject: Draft Climate Resilience Plan

Record No: SU8243 - 33660/21

Division: Environmental Services Division

Author(s): Ada Wong

Executive Summary

Council and the Lane Cove community recognise the potential impacts of our changing climate and as a result declared a climate emergency in 2019. Council made a commitment to develop a Climate Resilience Plan (CRP) to identify local climate shocks, community stresses and risks in response to our changing climate.

A Draft CRP has been developed in collaboration with key stakeholders in the community and Council staff by performing a resilience risk assessment in line with the framework utilised by Resilient Sydney. Goals, targets and priority actions have been identified through internal and external engagements to help build resilience over the next five years. It is recommended the Draft CRP to be placed on public exhibition for six (6) weeks in accordance with the Consultation Strategy outlined in the report and a further report then be submitted to Council.

Background

Recent events such as the 2020 heatwaves and bushfires and the 2021 flooding resulted in climate shocks in Lane Cove. Sydney’s weather is changing: the climate is getting warmer and storms are becoming wilder and more frequent. The latest State of the Climate report produced by the CSIRO and Bureau of Meteorology projected that future heatwaves, bushfires and heavy rain events will only be more frequent and intense in the future.

Increases in the frequency and intensity of extreme weather events will either directly or indirectly impact the Lane Cove community and being prepared for climate shocks has multiple benefits. By planning ahead we can reduce the economic, social and environmental costs of disasters resulting from disruptions to the Council, our community and impacts on our natural environment.

A number of global, national, regional and local leaders have been at the forefront of resilience planning in the last few years, and our plan aims to build resilience within Council operations and across the community, by mitigating climate risks, adapting to the changing climate and increasing emergency preparedness.

In building climate resilience, both mitigation and adaptation need to be addressed. Climate mitigation is about reducing the impacts of climate change by reducing emissions. In managing climate change impacts, we need to cool our city, consider the changing climate in infrastructure upgrades, protect both community and Council assets and be prepared for disaster management.

Goals, targets and priority actions identified in the Draft CRP were categorised under these five themes:

Resilient themes	Goals
Resilient people	Our community can adapt to potential impacts of the changing climate on comfort, safety, health and protection of the environment.
Resilient buildings	Our homes, work places and Council facilities are designed, built and maintained with low environmental footprints and can better withstand weather impacts caused by climate shocks to improve liveability and support community resilience.
Resilient urban open spaces	Our public open space, roads, stormwater drainage and foreshore infrastructure are designed and built to reduce urban heat and can better withstand weather impacts caused by climate shocks. Our urban open space is integrated with nature and connects our community to support active travel and healthy lifestyles.
Resilient natural environment	The extent and biodiversity of our bushland, urban tree canopy and waterways are preserved and enhanced to maintain Lane Cove’s environmental character.
Resilient governance	Our staff are engaged, connected and have the capacity to plan and make decisions to help the Council to better withstand shocks and stresses.

Discussion

The Draft CRP (AT-1) sets goals, targets and will guide the implementation of actions over the next five years to respond to the challenges posed by a changing climate.

A sample of the 48 priority actions include building resilience neighbourhoods, developing a resilience toolkit and investigating the use of an app to increase social cohesion so as to increase the number of resilient-ready residents in the Lane Cove LGA.

In building resilience in buildings and urban open space, Council will consider climate shocks in future Council facilities and infrastructure upgrades. In addition, the Council will revise planning control documents to address urban heat islands and include sustainable practices requirements. Council will also endeavour to include sustainability and resilience objectives in job descriptions and performance reviews, and update the Enterprise Risk Management Risk Register to include climate shocks to embed resilience planning into Council decision-making process. The priority actions aim to increase social cohesion and emergency preparedness in the community, embed resilience planning in Council operations and reduce impacts on budgets caused by climate shocks.

75% of the actions identified in the Draft CRP are about changing how we work at Council, how we can make meaningful changes to our operations and how we can implement these within the current operating budget. Implementation of the remaining 25% of actions, where additional funding is required, will be applied through by the Sustainability Levy process, from which funding has been used to fast track many sustainability focus projects in the past.

The Draft CRP has been prepared to be consistent with other strategic plans that Council has in place, and will interact directly with Council’s Delivery Plan, Sustainability Action Plan and Open Space Plan.

Community Consultation

Statement of Intent

The consultation is designed to take part in two (2) phases. The first community engagement phase was carried out to engage with Council staff, and Council Advisory Committees, so as to define the local context, identify the priority climate shocks and climate related community stresses and develop an action plan that fed into the draft CRP.

The Draft CRP has now been prepared and is ready for public exhibition and comment. Any comments received will be used to refine goals, targets and actions before the Draft CRP is finalised and presented to Council for adoption.

Method

The methods of consultation proposed are outlined in the following Table. Initial engagement has already taken place as an information gathering process. The final stage will be the public exhibition of the draft plan.

Level of Participation	Involve - Completed	Consult
Form of Participation	Targeted	Open
Target Audience	Council’s Community Advisory Committees (Age-Friendly Advisory Committee, Access and Inclusion Advisory Committee, Cultural Diversity Advisory Group, Sustainability Advisory Committee) and youth members of the community	Lane Cove Community
Proposed Medium	Briefing sessions and Discussion at Meetings	Public Exhibition, Website Exhibition and eNewsletter
Indicative Timing	17 March to 12 May 2021	22 June to 3 August 2021

Conclusion

The Draft CRP provides a framework for Council and the community to build resilience and prepare for a changing climate. For the community, this plan aims to increase social cohesion, emergency preparedness and liveability in Lane Cove. For Council, this plan aims to protect our assets, reduce interruptions to service delivery and reduce impacts on budgets caused by climate shocks.

It is proposed that the Draft CRP be placed on public exhibition for six (6) weeks to allow for public comment, before reporting back to Council for adoption.

RECOMMENDATION

That:-

1. The Draft CRP to be placed on public exhibition for six (6) weeks in accordance with the Consultation Strategy outlined in the report; and

2. A further report be submitted to Council following the public exhibition period.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1View

Lane Cove Climate Resilience Plan_DRAFT

58 Pages

Ordinary Council Meeting 21 June 2021

Proposed Voluntary Planning Agreement for 29 - 57 Christie Street, St Leonards

Subject: Proposed Voluntary Planning Agreement for 29 - 57 Christie Street, St Leonards

Record No: SU571 - 34496/21

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council undertook community consultation on the proposed Voluntary Planning Agreement (VPA) for 29 – 57 Christie Street, St Leonards during May – June 2021. The purpose of this report is to outline the results of the consultation and recommends that Council enter into a Voluntary Planning Agreement with the proponent(s), Arrow Capital Partners and Starwood Capital Group.

Background

Arrow Capital Partners and Starwood Capital Group propose to undertake a commercial and retail development at 29-57 Christie Street, St Leonards. The land is currently zoned B3 Commercial Core. The proposed development includes:-

(a) concept plan approval for three building envelopes comprising 8 storeys (Building A), 12 storeys (Building B) and 16 storeys (Building C) to be developed in two stages with a total floor space of 57,267sqm comprising commercial office and retail uses (Concept Plan);

(b) Stage 1 DA for the demolition of the existing building located on the southern portion of the Land and construction of two commercial buildings, identified as Building A and Building B (with the construction of Building C to be part of a future DA); and

The proposed Voluntary Planning Agreement is to provide:-

· Two through site links and embellished Council footpaths including improved ground plane pedestrian connectivity for Nicholson and Christie Streets;

· Public Open Space Upgrades, including embellishment of the existing public open space known as Christie Street Reserve and a new publicly accessible open space (referred to as the “civic green”) adjacent to the Christie Street Reserve;

· Provision of public toilets servicing the open space; and

· A Grade Commercial Office Space incorporating best practice sustainability principles.

At the Ordinary Council Meeting of 19 October 2020, Council resolved to place the proposed Voluntary Planning Agreement on public exhibition for 28 days in conjunction with the proposed Development Application for this site.

Discussion

Council undertook the community consultation as per the consultation plan in the report to Council, with the exception that it was notified separately to the development application due to delays in finalising the VPA documentation. Written notifications of the VPA were sent to all the same properties as the Development Application in May 2021.

Council received a total of three (3) submissions to the proposed VPA, one of which related directly to the Development Application and associated planning pathway(s) and is therefore not relevant to the VPA.

Respondent 1 submitted that the public benefit is limited, and the developer is “agreeing to provide only that which is required to landscape the area around the built structures and the separations between them” and that nice plants, artworks and garden furniture was a “poor public outcome”. The respondent further asserted that the benefit is “predominantly” for the developer “in presenting a nicely finished environment to potential buyers and tenants”.

Respondent 2 stated the proposed VPA is “without merit” and the two through site links, open space upgrades and public toilets raises “more issues than provides benefits”.

Submissions close on Friday the 18^th June 2021. Due to the timing of the next Sydney North Planning Panel meeting, it is essential that the VPA be reported to the June Council meeting. Therefore, if any further submissions are received post the publication of this report, an addendum report will be provided at the June Council meeting.

In order of significance the VPA provides:-

1. Upgrade and expansion of the existing public open space known as Christie Street Reserve. The total overall publicly accessible open space that will be provided is 4,100 sqm (comprising 2,100 sqm within the subject site and 2,000 sqm within the existing Christie Street reserve) and will be maintained by the Developer in perpetuity. The ongoing maintenance of the Christie Street Reserve and the Civic Green will be managed through an enduring obligation covenant registered on the title of the Land. Council has sought to ensure increased open space throughout St Leonards and large continuous tracts of open space are of high value in urban environments. The VPA represents a rare opportunity to add such a large quantity of open space.

2. Provision of new public toilets accessible from Christie Street, including ongoing maintenance and cleaning in perpetuity. Open space of this size would typically have access to toilets, which are currently not available.

3. Provision of two through-site links between Oxley Street and Nicholson Street to Christie Street Reserve. The through site link provides greater permeability to the site and access for commuters accessing the new Metro.

4. Development of A Grade Commercial Office and Retail within the developed that achieves best practices Sustainability. This is consistent with Council’s objectives to achieve reduced emissions in line with Council’s declaration of a Climate Emergency.

Conclusion

The proposed VPA will benefit the community and future residents of the proposed development at 29 – 57 Christie Street via the delivery of additional open space, connectivity and amenity in the St Leonards Commercial Core Precinct. It is therefore recommended that Council note the submissions received during the community consultation process and proceed with the proposed Voluntary Planning Agreement for 29 – 57 Christie Street, St Leonards.

RECOMMENDATION

That:-

1. Council receive and note the report;

2. Council enter into a Voluntary Planning Agreement with Arrow Capital Partners and Starwood Capital Group in respect of the development of 29 – 57 Christie Street, St Leonards; and

3. The General Manager be authorised to finalise the terms and conditions of the proposed Voluntary Planning Agreement and sign the Agreement on behalf of Council.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 June 2021

"Electoral matter" and use of Council resources prior to the 2021 Local Government Election

Subject: "Electoral matter" and use of Council resources prior to the 2021 Local Government Election

Record No: SU7270 - 34663/21

Division: General Managers Unit

Author(s): Craig Wrightson

Executive Summary

The Local Government elections are scheduled for Saturday 4^th September 2021. The Office of Local Government has recently released a circular relating to “Electoral matter” and use of Council resources prior to elections. This report summarises what constitutes an “electoral matter” and advises how Council officials should use Council resources leading up to the election. It is recommended that the report be received and noted.

Background

Section 393B of the Local Government (General) Regulation 2005 sets out:

(1) The following functions of a council must not be exercised by the council, or the general manager or any other delegate of the council (other than a Joint Regional Planning Panel or the Central Sydney Planning Committee), during a caretaker period--

(a) entering a contract or undertaking involving the expenditure or receipt by the council of an amount equal to or greater than $150,000 or 1% of the council's revenue from rates in the preceding financial year (whichever is the larger),

(b) determining a controversial development application, except where--

(i) a failure to make such a determination would give rise to a deemed refusal under section 82 of the Environmental Planning and Assessment Act 1979, or

(ii) such a deemed refusal arose before the commencement of the caretaker period,

(c) the appointment or reappointment of a person as the council's general manager (or the removal of a person from that position), other than--

(i) an appointment of a person to act as general manager under section 336(1) of the Act, or

(ii) a temporary appointment of a person as general manager under section 351(1) of the Act.

(2) Despite subclause (1), such a function may be exercised in a particular case with the consent of the Minister.

(3) In this clause--

"caretaker period" means the period of 4 weeks preceding the date of an ordinary election.

"controversial development application" means a development application under the Environmental Planning and Assessment Act 1979 for which at least 25 persons have made submissions under section 79(5) of that Act by way of objection.

Discussion

Circular 21/12 provided as AT-1 sets out the following:-

· Council officials must not use council resources, property (including intellectual property), and facilities for the purposes of assisting their election campaign or the election campaign of others unless the use is lawfully authorised and proper payment is made where appropriate.

· Under the Model Code of Conduct for Local Councils in NSW, the following must not be used for the purpose of assisting anyone’s election campaign:

o council resources, property or facilities (unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility); and

o council letterhead, council crests and other information that could give the appearance it is official council material.

· In the 40 days preceding the election, councils need to consider whether their publications could amount to an “electoral matter”. Such publications include Mayoral columns and the end of term report.

· “Electoral matter” is defined under clause 356A of the Local Government (General) Regulation 2005, and broadly includes any matter that is intended or likely to affect voting in an election. The name, photograph and likeness of a candidate fall within the definition of “electoral matter”.

· The end-of-term report must be presented to the final meeting of an outgoing council. The provisions in the Regulation relating to “electoral material” do not prevent the end-of-term report being presented to the council or from being made available on a council’s website as part of the business papers of the meeting. Note it will not be distributed beyond the Council Meeting until post the election.

Conclusion

The requirements set out in circular 21-12 from the Office of Local Government regarding “electoral matter” and use of resources prior to the 2021 election, are submitted for information.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS:

AT‑1

Circular 21-12 “Electoral matter” and use of council resources prior to local government elections

4 Pages

Ordinary Council Meeting 21 June 2021

NSW Audit Office - Report on Local Government 2020

Subject: NSW Audit Office - Report on Local Government 2020

Record No: SU772 - 35181/21

Division: Corporate Services Division

Author(s): Steven Kludass

Executive Summary

This report provides context to the referencing of Council in a report titled “Report on Local Government 2020’ and authored by the NSW Audit Office. The publication was tabled in NSW Parliament in late May 2021 and contains a range of financial external audit findings across all NSW Councils for the year ending 30 June 2020 (FY 2019/20). The report highlighted a difference of valuation methodology, primarily relating to whether elements of The Canopy should be classified as an investment property (asset).

Background

The NSW Audit Office reports to parliament annually on the results of Local Government Audits as par of their oversight role in Local Government which commended in 2017. The latest publication “Report on Local Government 2020”, attached as AT-1, contains a reference to Lane Cove Council on page 42 of the publication. The reference, made in relation to the 2019/20 financial statements, states the following:

“Council did not have a robust process to review restrictions associated with land holdings in the prior year land revaluation process, resulting in a $9.8 million prior period error”.

The reference relates to the ‘fair value’ assessment of land under The Canopy Carpark. It is pertinent to refer to the following extract from the 2019/20 Final Management Letter, issued by the NSW Audit Office.

OBSERVATION:

As part of the review of The Canopy community space during the year, management identified that the fair value assessment performed at 30 June 2019 did not account for the restrictions in use due to the construction of an underground car park. As a result, a retrospective correction of a prior period error due to overstatement of land holdings of $9.8 million was reported in Council’s financial statements at 30 June 2019, in accordance with AASB 108 ‘Accounting Policies, Changes in Accounting Estimates and Errors’.

IMPLICATIONS:

Absence of a robust process to review restrictions associated with Council’s land holdings may result in carrying value of assets not materially reflecting fair value.

RECOMMENDATIONS:

Management should regularly review its land holdings for changes to usage, zoning and restrictions which may impact the fair value assessment. Where significant changes have occurred, the significance of the change should be assessed. Should there be a significant change, management should consider performing a comprehensive revaluation of the land parcels as required by AASB 116 ‘Property, Plant and Equipment’.

MANAGEMENT RESPONSE:

Agreed. Council will complete an in-depth valuation of all Operational Land and ensure that all sites are inspected and reviewed for changes in use.

Discussion

At the centre of debate was whether the ‘fair value’ assessment of the land (the carpark) ought to be based on it being an ‘investment property’ or ‘operational land’. Council argued the land ought to be valued as an ‘investment property’ as it is contiguous land containing a carpark that supports the broader retail offerings (as required under the Development Consent), whilst the NSW Audit Office maintained the land (the carpark) ought to be classified as ‘operational land’ as it provides a public convenience for what is, essentially, a community space.

It should be noted that Council was supported in its view by a former senior external auditor, however, Council staff ultimately accepted the NSW Audit Office’s ultimate determination so as to finalise the 2019/20 year end accounts and secure an unqualified audit opinion. The change is an accounting adjustment and did not impact Council’s actual cash position.

It should be noted that the correction to Council’s accounts related to the 2018/19 financial accounts where the initial valuation was recorded and Council received an unqualified audit opinion for the 2018/19 financial statements.

Conclusion

The manner in which this was portrayed in the report is disappointing. There was no mention of the contention maintained by Council, nor was there any financial perspective offered in relation to relative immateriality of the $9.8 million prior year error. By way of comparison, the total value of Council’s infrastructure, property, plant and equipment (non-current assets) exceeds $750 million and total equity exceeds $840 million. The fact of the matter is the prior year error is a non-cash accounting adjustment that has no bearing on Council’s cashflow, working capital, long term financial sustainability, nor does it adversely impact Council’s key financial indicators.

RECOMMENDATION

That the report be received and noted.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1View

NSW Audit Office - Report on Local Government 2020

Available Electronically