Agenda
Ordinary Council Meeting
27 October 2022
Council will commence consideration of
all business paper agenda items at 7.00 pm.
Notice of Meeting
Dear Councillors,
Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 27 October 2022 commencing at 7:00 PM. The business to be transacted at the meeting is included in this business paper.
In accordance with clause 3.26 of the Code of Meeting Practice Councillors are reminded of their oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.
Yours faithfully
Craig Wrightson
Council Meeting Procedures
The Council meeting is chaired by the Mayor, Councillor Andrew Zbik. 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 5.00 pm on the Tuesday following the meeting.
The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.
The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (Wednesday, 26 October 2022.) and a Zoom meeting link will be emailed to the provided email address of those registered as an online speaker. Please note that the time limit of three minutes per address still applies, so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).
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. Should you require assistance to participate in the meeting due to a disability; or wish to obtain further information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.
APOLOGIES
ACKNOWLEDGEMENT TO COUNTRY
MINUTE OF SILENCE FOR RELECTION OR PRAYER
NOTICE OF WEBCASTING OF MEETING
public forum
Members of the public may address the Council Meeting on any issue for 3 minutes.
CONFIRMATION OF MINUTES
1. ORDINARY COUNCIL MEETING - 29 SEPTEMBER 2022
Mayoral Minutes
2. Mayoral Minute - EveryAGE Counts, Invitation to join EveryAGE Counts Coalition...................................................................................................... 5
Notices of Rescission
3. Notice of Rescission - Cancellation of Consultation for the Screening of the Melbourne Cup..................................................................... 7
Orders Of The Day
Notices of Motion
4. Notice of Motion - Collection for Local Women's Refuge from Screening of the Melbourne Cup..................................................................... 9
5. Notice of Motion - Live Music Zone.................................................................. 10
6. Notice of Motion - Representation from Deregistered Community Associations............................................................................................................. 11
Officer Reports for Determination
7. Finalisation of an 8 Court Design for the Sport and Recreation Facility at 180 River Road (Golf Course) Site............................................ 12
8. Bob Campbell Oval - Draft Masterplan...................................................... 28
9. DCP Amendment No 21 - Setbacks to Pedestrian link St Leonards South - Post-exhibition report........................................................................ 32
10. Draft Urban Forest Strategy......................................................................... 37
11. Ministerial Correspondence Received in Relation to the St Leonards & Crows Nest 2036 Plan and Unoccupied Dwellings in Lane Cove... 41
12. Community Land Plan of Management - Community Consultation.. 43
13. Proposed Voluntary Planning Agreement for Area's 1, 2 and 4 - St Leonards South Precinct................................................................................... 46
14. Proposed Voluntary Planning Agreement for Areas 18, 19 and 20 - St Leonards South Precinct................................................................................... 49
15. Traffic Committee - September 2022............................................................... 51
16. St Leonards Over Rail Plaza Project - Update........................................ 52
17. Policy on Payment of Expenses and Facilities to Councillors....... 55
18. Pecuniary Interest Returns 2022.................................................................... 57
19. Annual Financial Statements - Year Ended 30 June 2022...................... 59
Officer Reports for Information
20. Council Snapshot September 2022.................................................................. 62
MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE
21. MAYORAL MINUTE - GENERAL MANAGER’S PERFORMANCE REVIEW 2021/22
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and as the report contains personal information about the performance of a staff member.
Ordinary Council Meeting 27 October 2022
MAYORAL MINUTE - EVERYAGE COUNTS, INVITATION TO JOIN EVERYAGE COUNTS COALITION
Subject: Mayoral Minute - EveryAGE Counts, Invitation to join EveryAGE Counts Coalition
Record No: SU5300 - 58068/22
Division: Lane Cove Council
Author(s): Councillor Andrew Zbik
Executive Summary
Council has received an invitation to become a supporter of the EveryAGE counts coalition. The coalition is a non-party political coalition which is committed to working to end ageism. Part of becoming a supporter is to take a pledge to stand for a world without ageism.
The coalition says “Our vision is a society where every person is valued, connected and respected regardless of age. We will achieve this by working in our communities to positively change thinking about ageing, to re-imaging getting older and to set foundations for current and future generations to age well”
This project sits well with the principles in Council’s Age-friendly Strategy as well as a range of actions throughout Council’s Community Strategic Plan and its Operational and Delivery Plan.
Background
As the EveryAge Counts website – everyagecounts.org.au - states “Ageism has a profound impact on our community. It can negatively impact the job prospects, confidence, health, quality of life and control over life decisions of our community members. Ageism can limit people from participating in our communities as full citizens. Ageism also has proven negative impacts on our physical health, metal health and longevity of our community.’
Council has recognised the issues of ageism and has developed its Strategy for an Age-Friendly Lane Cove to actively look at all its normal core duties ‘through and age-friendly lens’. The purpose of the age-friendly initiative was to assist the Council to respond to the challenges of an ageing population, and to foster an environment that enables active ageing and community engagement.
The Disability Inclusion Plan (DIAP) – both the draft that is currently on display and the previous plan both recognise the fact that the likelihood of having disability increases with age and that many of the actions in the Plan may also be relevant to older people.
Joining the coalition and signing the Pledge will highlight the work of the Age-Friendly strategy to the community and also raise the awareness of the issues that ageism can bring.
Discussion
The EveryAGE Counts coalition recognises that change can take years to be effective. It hopes that its works will help in reducing the issues of ageism by providing a national coalition for action; with an active, broad-based social movement; with effective advocacy and political engagement.
Council’s within Australia have joined the EveryAGE counts coalition and in New South Wales both City of Sydney and Orange Councils are members.
The Pledge that Council would sign says:
“We stand for a world without ageism where all people of all ages are valued and respected and their contributions are acknowledged. We commit to speak out and take action to ensure older people can participate on equal terms with others in all aspects of life.”
As well as signing the pledge we will join the coalition and will work with likeminded communities to over time reduce the issue of ageism.
Conclusion
It is recommended that Council agree to join the EveryAGE Counts coalition and also signs the Pledge and promotes the signing of the Pledge to the general community.
The coalition and its works sits well with Council’s Strategy for an Age-Friendly community as well as strategies and actions in Liveable Lane Cove – Community Strategic Plan and Council’s Delivery and Operational Plan.
That Council:- 1. Supports the EveryAGE Counts campaign to end ageism and join with others in our communities to create a society where every person is valued, connected and respected regardless of age 2. Takes the Pledge to stand for a world without ageism where all people of all ages are valued and respected and their contributions are acknowledged. We commit to speak out and take action to ensure older people can participate on equal terms with others in all aspects of life. 3. Encourages Council staff to Take the Pledge and to create opportunities to build awareness of ageism and its impacts. 4. Promotes Council’s signing of the pledge to end ageism amongst residents, and raise awareness of the impacts of ageism 5. Informs relevant Federal and State parliamentarians of our support for EveryAGE Counts and that we have taken the pledge to end ageism 6. Writes to Council’s Age Friendly Committee to advise them of Council’s resolutions in regard to signing the Pledge |
Councillor Andrew Zbik
Councillor
AT‑1 View |
EveryAGE Counts |
2 Pages |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Notice of Rescission - Cancellation of Consultation for the Screening of the Melbourne Cup
Subject: Notice of Rescission - Cancellation of Consultation for the Screening of the Melbourne Cup
Record No: SU7808 - 60663/22
Division: Lane Cove Council
Author(s): Councillor Scott Bennison; Councillor Katherine Mort; Councillor David Brooks-Horn
Executive Summary
This Notice of Rescission aims to rescind resolution 88/2022 dated 29 September 2022, in relation to the screening of the Melbourne Cup at The Plaza and The Canopy.
Discussion
At the Council Meeting of 29 September 2022, Councillors Flood and Southwood moved a motion to ban the screening of this year's Melbourne Cup at the Plaza and the Canopy as a panacea to reducing domestic violence and cruelty to animals.
The Council resolved to defer consideration of the banning of the screening of the Melbourne Cup until 2024 and once the Council has undertaken community consultation on this issue.
The Councillors that spoke in favor of this motion did not provide any evidence that connects the screening of the Melbourne Cup to increased domestic violence or cruelty to animals.
The RSPCA in its 2020-2021 National Statistics identified that there were 73,301 reports of cruelty to animals with 426 prosecutions.
Cruelty to animals is a broader issue than singling out the horse racing industry and banning the screening of the Melbourne Cup will do nothing to help the 73,301 animals that were subject to cruelty.
It is also important to note that no horse died during the running of the Melbourne Cup in 2021 mainly due to the improvements made in the horse racing industry for the protection of racing horses.
Racing Victoria has implemented changes, including additional independent vet checks and bans on foreign horses that have had a previous major fracture or orthopedic surgery.
There is also now a cap on overseas runners of 24 (down from an uncapped peak of 42 in 2018), all of which will only be permitted to compete in one other Australian race in the lead up to the Cup.
All competitors, both local and international, will also be made to undergo CT scans of their legs, which will be analysed by an independent panel of equine surgeons and diagnostic imaging experts appointed by Racing Victoria.
"Our sole focus is on ensuring that horses and riders compete safely, and we are committed to delivering these important enhancements in 2021 and beyond," RV Chairman, Brian Kruger.
One Woman a week dies from domestic violence in Australia which is an appalling statistic.
Resolving domestic violence is a complex issue and simply ‘turning off the TV’ will do nothing to save women from domestic violence.
Furthermore, the movers of the motion showed no consideration of the enjoyment that community receives from being with friends and works college in the Plaza or at The Canopy enjoying a Melbourne Cup lunch and watching the race.
Additionally, no consideration was given to the financial impact on local small business from the banning of the screening of the Melbourne Cup.
Not all our local business survived the lockdowns from COVID-19 and the ones that have rely on Council providing events such as the screening of the Melbourne Cup to recoup the losses incurred during the lockdowns.
Small business is also struggling with higher rents, supplies, wages and staff shortages.
Resolution 188/22 dated 29 September 2022 should be rescinded for the following reasons:
· There was no evidence provided that banning the screening of the Melbourne Cup will reduce domestic violence or cruelty to animals;
· Lane Cove local small businesses will financially suffer;
· Community consultation on this issue is a waste of Council resources; and
· The screening of the Melbourne Cup in the Plaza and at The Canopy is an extremely popular event in lane Cove the ban the screening of the Melbourne Cup will take enjoyment aware from our residents.
In conclusion, turning off the TV will not resolve domestic violence or cruelty to animals.
That resolution 188/2022 dated 29 September 2022 be rescinded, viz:-
“That Council:- 1. Undertakes Community Consultation to ascertain whether the community would support Council no longer screening, promoting, or advertising the Melbourne Cup at The Canopy stage, The Plaza, or other Council open spaces from 2023 onwards; and 2. Investigates opportunities for other events or activities in the plaza on Cup Day that better align with community and family values, and help drive business/trade in the plaza.” |
Councillor Scott Bennison
Councillor
Councillor Katherine Mort
Councillor
Councillor David Brooks-Horn
Councillor
Ordinary Council Meeting 27 October 2022
Notice of Motion - Collection for Local Women's Refuge from Screening of the Melbourne Cup
Subject: Notice of Motion - Collection for Local Women's Refuge from Screening of the Melbourne Cup
Record No: SU7808 - 60722/22
Division: Lane Cove Council
Author(s): Councillor Scott Bennison; Councillor David Brooks-Horn; Councillor Katherine Mort
Note: This Notice of Motion will only be considered if ‘Notice of Recission – Cancellation of Consultation of the Screening of the Melbourne Cup’ is carried.
That Council delegate to the General Manager the authority to develop a means whereby a collection be raised from the community on Melbourne Cup Day where the proceeds are given to our local women’s refuge. |
Councillor Scott Bennison
Councillor
Councillor David Brooks-Horn
Councillor
Councillor Katherine Mort
Councillor
Ordinary Council Meeting 27 October 2022
Notice of Motion - Live Music Zone
Subject: Notice of Motion - Live Music Zone
Record No: SU8713 - 60258/22
Division: Lane Cove Council
Author(s): Councillor Scott Bennison; Councillor David Brooks-Horn; Councillor Katherine Mort
Executive Summary
The aim of this report is to transform a space at the Canopy into a ‘Live Music Zone’ to promote small performances of live music.
Discussion
Paul Bennett, a musician that plays locally and known to many has suggested that small performances be allowed in the space know as ‘Live Music Zone’ (see AT-1).
The idea is to promote small performances of live music with 1 or 2 musicians that are not suited to the large stage at the Canopy.
He has also requested, if possible, that power be connected to the site.
That the General Manager be delegated this task to: a. Determine the suitabiality of small live performances being performed in this space and is power is able to be connected to the site; b. If suitable, prepare and document policies and procedures required to give to effect (a.) c. If possible, give effect to (a.) by 1 December 2022. |
Councillor Scott Bennison
Councillor
Councillor David Brooks-Horn
Councillor
Councillor Katherine Mort
Councillor
AT‑1 View |
Live Music Zone Proposed Site |
1 Page |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Notice of Motion - Representation from Deregistered Community Associations
Subject: Notice of Motion - Representation from Deregistered Community Associations
Record No: SU8085 - 60260/22
Division: Lane Cove Council
Author(s): Councillor Scott Bennison; Councillor David Brooks-Horn; Councillor Katherine Mort
Executive Summary
This report aims to ensure that only registered associations can address Council through the means of the public gallery at Council meetings or submitting a written submission for consideration by Council in relation to an agenda item for a Council meeting.
Discussion
Over the last couple of years and in more recent times, I have received correspondence from a local Community Association that purports to represent the ‘Community’.
Residents and some Councillors have relied upon information provided by this local community association in their public forum address and Council debates.
According to the Department of fair Trading this Community Association has been deregistered.
I am not sure how long this Community Association has been deregistered, however in its current legal status of been deregistered, Lane Cove Council should not have any regard to emails, submissions or nor should the representative be allowed to speak at Council meetings as representative of that association.
That the General Manager where he is in receipt of a submission, email, or request to speak at Lane Cove Councils public gallery: 1. Determine if the association is registered with the Department of Fair Trading; 2. If not, then advise the sender that Lane Cove Council is unable to formally accept their submission; and 3. Will be required to register to speak at Lane Cove Council public forum in their personal capacity and not in a representative capacity of the association that is not registered. |
Councillor Scott Bennison
Councillor
Councillor David Brooks-Horn
Councillor
Councillor Katherine Mort
Councillor
Ordinary Council Meeting 27 October 2022
Finalisation of an 8 Court Design for the Sport and Recreation Facility at 180 River Road (Golf Course) Site
Subject: Finalisation of an 8 Court Design for the Sport and Recreation Facility at 180 River Road (Golf Course) Site
Record No: SU7396 - 59770/22
Division: General Managers Unit
Author(s): David Stevens; Craig Wrightson
Executive Summary
Council has completed the consultation process for the proposed 8 Court Sport and Recreation Facility at 180 River Road (Golf Course) Site. This report considers the feedback from the formal consultation conducted in October 2022 which followed on from the community workshop held in September 2022. Having considered the community feedback, Option 2 is AJ+C’s and Council staff’s recommended option.
Mitchell Brandtman, Quantity Surveyors have undertaken a new full estimation of Option 2, and determined the new estimated project value to be $ 78.09M. This is a $458k increase from the previous desktop estimate, however Council has committed to a total project budget of $75M which will be targeted through design development. Council has progressed the project, including; lodging a $5M grant application, making an application for a $10M loan; obtaining a peer review of the Business Case, which support the original business cases; and lodgement with the Office of Local Government a Capital Expenditure review for the project, which the OLG assessed and determined that Council had addressed the criteria required in the Guidelines and Council can proceed with the project.
Council, having considered all the matters as outlined above, there are no impediments to Council proceeding with the lodgement of the Development Application as proposed in the adopted timeline for the project. AJ + C have developed a package which will be the basis for the Development Application, that will undergo further development prior to lodgement by the end of November, as per the timetable.
It is recommended that Council lodge a Development Application for Option 2 design and proceed with preparation of the procurement phase of the project and preconstruction planning.
Background
Council its meeting of 29 August, 2022 passed an 18 part resolution, that staff have progressed for the proposed Sport and Recreation Facility at 180 River Road (Golf Course) Site. This reports addresses the following parts of the resolution:-
“2. Proceeds with concept planning and design to achieve a total project budget of up to $75 million and by so doing:-
…
c. Engages Steensen Varming (currently the Sustainability Consultant on the project) to prepare target goals to reach the equivalent of the Green Building Council of Australia (GBCA) 5 Star Rating and as part of this process conducts a workshop for Councillors to review targets to reach the equivalent of the Green Building Council of Australia (GBCA) 5 Star Rating to incorporate into the design for a Development Application for the Sports and Recreation Facility;
d. Procures a report on the indicative cost of an 8 and 7 court concept by Mitchell Brandtman or other quantity surveyor appointed by Council for this purpose;
5. During the consultation period, procures a peer review of the revised business case
detailed in 2b. for the information of the Council and Community.
6. Upon the conclusion of the community consultation, reviews at a Council Workshop the:-
a. Report on the outcomes of the community consultation process and recommendations on possible inclusion of comments into the Development Application Design; and
b. The updated report and design details for the incorporation of the proposed 5 star Green Star targets.
7. Council to review the draft Development Application package of an 8 court option at the October Council Meeting and subject to endorsement, authorise the submission of the 8 Court Development Application to the Sydney North Planning Panel;
…
12. Lodges a Capital Expenditure Review for the project with the Office of Local Government;
13. Delegates authority to the General Manager to enter into a fixed loan agreement for $10 million over 10 years with TCorp utilising the NSW Department of Planning, Industry and Environment interest rate subsidy under the Low-Cost Loans Initiative;
14. Lodge an application under the NSW Government’s Multi-Sport Community Facility Fund for $5M funding towards the project;”
Per the August resolution, Council further considered the matter at its meeting of 29 September 2022 and resolved:-
“1. The report be received and noted;
2. Concept Plan Option 2 be adopted for the purposes of further consultation, to be undertaken in accordance with the consultation strategy outlined in the report;
3. A further report be submitted to the October Council Meeting for the purpose of proceeding to DA application and reporting the outcomes of the consultation; and
4. The traffic signal access option to the precinct be Council’s preferred arrangement, and Council not proceed with the roundabout at River Road/Northwood Road.”
Discussion
Council undertook the consultation on Option 2 (Refer AT-1) per the Community Consultation Plan contained in the September report, except Council was unable to conduct a public display at the Village Fair as the event was cancelled due to weather.
The consultation was designed to inform the community of the selected concept design for the Lane Cove Golf Course site and provide the opportunity for final community feedback to ‘fine tune’ prior to the preparation of the Development Application Plans. Due to the restricted time frame, the consultation period was limited to 14 days.
Council received a total of 106 submissions, 93 for and 13 against. A full copy of the submissions with a summary index has been circulated separately to Councillors for information.
The majority of the comments did not relate to the Option 2 design but expressed support or objections to the proposal. In relation to the design on the facility, of the 5 submissions which dealt with design issues, many of the matters were addressed in the August Report (Refer AT-2) and September report to Council (Refer AT-3) where Council selected the Option 2 design. The following are new matters not previously addressed:-
1. The deletion of one indoor court (20m) has not reduced the building length by 20m.
This is correct, 9 metres was utilised for the new expanded reception and amenities adjacent to the outdoor court, and 2 metres was provided to expand ‘the wedge’ amenities between the two twin court areas. The overall building length was reduced by 9 metres at the southern end which was utilised for the expanded external drop off area and external parking.
2. A smaller stage and backup area than previously.
The concept plans are indicative of this area, any configuration will have capacity for a similar sized stage.
3. Removal of the large glazed area on the north-western end of the sports hall 2 courts due to inclusion of amenities.
AJ+C believe the tradeoff is warranted, as the inclusion of the glass in the original DA scheme was to provide visibility from the arrival plaza to create a sense of activation. With the deletion of the arrival plaza, the amenities are considered more important.
4. There could be improvement in the proportions of the function/recreation space by raising the roof.
The design of the function/recreation space includes a floor to ceiling height ranging from 3.5 - 3.8 metres. The sloped nature of the roofing is to allow for passive ventilation to the main corridor through high level louvres in the main corridor which draw air in above the roof line of the function/recreation space.
5. Alternative Entry Southern End of the Building
Slide 21 of the AJ+C presentation (Refer AT-1) explored the option of a new entrance at the southern end of the building. Ultimately it was not recommended as it created security / control issues to the building as it would have provided multiple entrances to the single main central corridor, which cannot be designed so as to provide separate access for the different uses within the building.
6. Concern about slope of River Road to accommodate traffic signals.
The draft civil design for the traffic signals indicates that the intersection is fully compliant with standards for slope to accommodate traffic signals.
7. Concern about the Bulk and Scale of the Building.
The building is the same in height as the scheme submitted in DA 64/21, the only change being a reduction in the building length to the south of 9m and a reduction in the outdoor court area length by the removal of the arrival plaza, approximately 20m.
8. Option for new Reception and Office Area to sell takeaway refreshments.
The Reception and Office Area will have, subject to operational requirements capacity to sell takeaway refreshments rather than requiring them to be obtained from the Bistro area.
Having considered the community feedback, Option 2 is AJ+C’s recommended option based on the following:-
Vehicular Entry & Drop-Off, a summary of key improvements:-
+ Likely that at least two additional trees can be retained.
+ More generous area for vehicular movements.
+ Additional length for queuing.
+ Additional area for pedestrian drop-off.
+ Additional on-grade parking provided.
Parking & Golf Facilities, a summary of key improvements:-
+ Additional parking created.
+ Maintained golf amenities and pro shop per original DA.
+ 15 min parking / drop-off adjacent to the pro shop.
Central Wedge, a summary of key improvements:-
+ Increase in the number of amenities.
+ Level 3 Multipurpose Room increases by 10-15%, minimum width 8 metres to maximum width 20 metres.
Building Entry, a summary of key improvements:-
+ More generous reception area.
+ Reception with clear sightlines to outdoor courts.
+ Offices located behind reception.
+ Additional amenities provided serving outdoor courts and bistro.
It is recommended Council select Option 2 as the preferred design for the project.
Steensen Varming - Green Building Council of Australia (GBCA) 5 Star Equivalent Pathway.
As reported to the September Council Meeting, Steensen Varming have confirmed that:-
· As the built form has been designed on “Passive First” principles, no change is required to the design to be submitted in a Development Application in order to achieve a 5 Star Green Star equivalency rating.
· To move beyond the initial first pass of items to be targeted to achieve an equivalent 5 Star Green Star rating, further design development with the various sub-consultants is required, which is not normally undertaken pre-Development Approval.
· Based on this, it will not be possible for Steensen Varming to prepare target goals at this stage of the project beyond the scope included in the 10 August 2022 Steensen Varming report (with targeted initiatives for a % Star rating listed from Page 12 of the report).
· It is a mandatory requirement to achieve a 5 star rating, that “The project must comply with all three of the following criteria:-
• Site Ecological Value
• Managing Light Pollution Impacts
• Wetland Management Plan”
Updated QS Report
Council requested an updated estimate of the preferred concept, Option 2 Concept Plans, with a Five Star Green Star rating. Mitchell Brandtman has undertaken a new full estimation based on the plans for Option 2, and determined the new estimated project value to be $ 78.09M. This is a $458k increase from $77.63M, the previous desktop estimate based on a reduction of the 9 court facility plans to an 8 court facility. Council has committed to a total project budget of $75M and therefore this amount will be targeted through design development. A full copy of the detailed estimate has been circulated separately to Councillors on a confidential basis for information.
Peer Review of Business Case
Council engaged PMY (formerly Montemare Consulting) to undertake a peer review of the Lane Cove Sport and Recreation precinct Business Case prepared by Xypher Sport + Leisure (AT- 4). PMY’s review confirmed that the Business case drew on the data and analysis completed over many studies dating back to 2013, and the most recently completed feasibility and business case completed for Willoughby Council (Gore Hill Project).
The methodology that was applied in the Gore Hill Project, was based on a first-principles approach, using actual participation rates (for each sport/activity), population projections, and court capacity to determine court demand and required court provisions to meet that demand. This is aligned with industry benchmarks and best practice standards, and the findings have been consistently verified by various independent studies and supported in local and State Government forums.
In Summary, the Key Findings of the review are:-
· The assessment approach and underlying assumptions of market size, characteristics and demand are aligned to industry benchmarks and standards.
· Levels of projected usage are set at conservative levels.
· Diversification of the program for the centre has the capacity to provide greater community activities and revenue opportunities.
· Pricing benchmarks indicate the pricing used in the venue financial projections are conservative, being below comparable venue rates in the catchment.
· Expense allowances across the model are lean, however given the significant opportunity to increase pricing and introduce new service offering and revenues, we expect any additional expenses can be managed.
PMY concluded their report with the following statement of recommendation “Overall, we find the feasibility financial projections conservative. This is consistent with the "community first" approach which the model was predicated upon.
Grant Application
Council made an application under the Multi-Sport Community Facility Fund 2022/23 for a Grant of $5M which closed 2 September 2022. The applications for this round are currently being assessed and outcomes will be advised from “November 2022 onwards”.
Capital Expenditure Review
The Capital Expenditure Review for the Sport and Recreation Facility was considered by the Office of Local Government (OLG) in October. The OLG’s Capital Expenditure Guidelines aim to:
· “encourage councils to evaluate major capital expenditure by means of a consistent methodology
· improve the quality of council’s analysis performed in supporting all forms of project funding and capital expenditure
· enable the financial impact of projects on a council to be quantified, identified and controlled.”
The process ensures that Council’s evaluation of the proposed capital expenditure is consistent and transparent, that the merits of projects can be compared, and that resource allocation can be made on an informed basis. The review also covered Council’s governance framework for the project such as a breakdown of the project team’s capacity and experience, probity plan, risk management plan and reporting requirements. After reviewing the information provided by Council, which included the revised Long-Term Financial Plan, the OLG determined that Council had addressed the criteria required in the Guidelines and Council can proceed with the project.
Loan Funding
Council has made an application for the proposed loan of $10M as part of the funding plan for the project. The current interest rate is 4.95% fixed for 10 years, and approval is expected within the next two weeks. Council has also made an application for an increase in the interest rate subsidy under the NSW Government’s low-cost loans initiative, to reduce the interest payable to 2.475%. A decision in relation to this is pending.
Progression of the Project - Submission of a Development Application
Council, having considered all the matters as outlined above, Council can proceed with the lodgement of the Development Application as proposed in the adopted timeline for the project that was included in the August Council Report, (Refer AT-5). This timeline provides for the lodgement of the revised Development Application by the end of November 2022. Given the short time frame between the conclusion of the consultation and the Council meeting, AJ + C have developed the following package which will be the basis for the Development Application:-
1. Architectural plans, including an eastern and western elevation, (Refer AT -6). Like any project, the plans will continue to be developed, however the Development Application envelope and inclusions will be consistent with the plans. As an example, one design element which is currently under review is the alignment between the indoor courts and outdoor courts. Council exhibited two options (Refer AT-7), one where the first two outdoor courts are at an angle to the sports hall and an option where the first two outdoor courts are in the same alignment as the indoor courts. AJ + C have sourced landscape and structural advice in relation to the relative benefits of each scheme and the Development Application will be lodged with the preferred option.
2. A list of all the sub-consultants that will be preparing reports to support the Development Application (Refer AT -8), many of these reports will be the same or similar to the reports lodged in respect of DA64/2021. The consultants had been requested to include a summary at the front of each report that describes the differences between the new report and the old report. This is designed to assist the public to understand if there are changes as a result of the revised scheme, without having to read the whole report.
In addition, the summary will include, where applicable, a statement that design development will improve outcomes in respect of the topic area, as Council has committed to achieving an equivalent Five Star Green Star rating. This is because the reports for a Development Application may not be required to achieve the standard set for an equivalent Five Star Green Star rating, and the higher standard does not form part of the Development Application assessment. The improved outcomes will be realised during the design development phase of the project, which is post Development Application determination.
AJ+C have advised that they are on track to lodge the application by the end of November 2022 for Option 2, subject to Council approval.
Conclusion
Council, having considered all the matters as outlined above, Council can now proceed with the lodgement of a Development Application as proposed in the adopted timeline for the project. AJ + C have developed a package that will be the basis for the Development Application, which will undergo further development prior to lodgement by the end of November, as per the timetable.
In parallel, work will continue to progress the preparation of the procurement phase of the project and preconstruction planning.
That Council:- 1. Received and note the report; 2. Lodge a Development Application based on the 8 Court Option included as AT-1, for a Green Building Council of Australia (GBCA) 5 Star Equivalent building; 3. Commit to a total project budget of $75M, to be targeted through design development for the project; 4. At a Councillor Workshop, Councillors receive a briefing and review the targeted areas to reach the equivalent of the Green Building Council of Australia (GBCA) 5 Star Rating; 5. Adopt the Business Case for the project; 6. Prepare design documentation, tender specifications, and a draft contract for approval by Council prior to the release of tender and RFT documentation for the project. 7. Commence the process to establish the interim arrangements for the Lane Cove golf Course during the construction period through Council’s Sport and Recreation Advisory Committee. |
Craig Wrightson
General Manager
General Managers Unit
AT‑1 View |
LCSRP - Community Workshop Presentation - FINAL |
59 Pages |
Available Electronically |
AT‑2 View |
August 2022 - Final Report - Provision of a Sport and Recreation Facility |
29 Pages |
Available Electronically |
AT‑3 View |
September Report - Progression on a Sport and Recreation facility at 180 River Road (Golf Course) Site - 8 Court Concept Plan |
14 Pages |
Available Electronically |
AT‑4 View |
LCSRP - Business Case Review |
17 Pages |
Available Electronically |
AT‑5 View |
Sport and Recreation Facility Delivery Timetable |
1 Page |
|
AT‑6 View |
LCSRP - Draft DA Drawings - October Council Report |
6 Pages |
|
AT‑7 View |
Lane Cove Sport and Recreation Plans with Areas 30.09.22 for Community Consultation |
4 Pages |
Available Electronically |
AT‑8 View |
Lane Cove Sports and Recreation Precinct - List of Consultants Engaged for DA |
1 Page |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Bob Campbell Oval - Draft Masterplan
Subject: Bob Campbell Oval - Draft Masterplan
Record No: SU8695 - 59040/22
Division: Open Space and Urban Services Division
Author(s): Ted Webster
Executive Summary
Council engaged Taylor Brammer Landscape Architects to carry community stakeholder workshops and prepare a draft masterplan for Bob Campbell Oval. Three community workshops have been held and the draft masterplan has been developed in response to the feedback.
The draft masterplan for Bob Campbell Oval (AT - 1) is recommended for adoption for the purposes of undertaking community consultation, as outlined in the report.
Background
Council engaged Taylor Brammer Landscape Architects (TBLA) to develop the Bob Campbell Oval masterplan and carry out community stakeholder consultation in the form of workshops as resolved by Council on 21st March 2022.
As part of the workshops facilitated by TBLA the following community stakeholders were invited (Mayoral minute 19 April 2022);
2 representatives from Greenwich Sports Club
2 representatives from Natural Grass at Bob Campbell Inc
2 representatives from Greenwich Community Association Inc
2 representatives from Northwood Action Group
2 representatives from the Greenwich Games Committee
2 persons with expertise in Bushcare management
2 representatives from Northern Suburbs Football Association
2 representatives from Northern Suburbs Cricket Association
2 representatives from North Shore Junior Cricket Association
2 representatives from the Greenwich Public School
2 Representatives from Northern Suburbs Ultimate Frisbee
1 representative of the Osborne Park Residents Association
A Councillor from Central Ward and West Ward can choose to attend (as per Council’s Resolution of 24th January 2022)
Discussion
Summary of Workshops
Three workshops were facilitated by TBLA on 28 April, 2 June, and 25 August. Consultation Workshop 1 sought to understand the background and drivers behind each group. Workshop 2 utilised the feedback from workshop 1 to present three masterplan options for Bob Campbell Oval and surrounds. These options incorporated the needs and requirements of the stakeholders. Workshop 3 consolidated comments from the prior workshops and proposed a masterplan which provided a cohesive outcome for the oval and immediate surroundings that formed the study area.
Proposed Masterplan
The Bob Campbell Oval Masterplan (AT-1) package by TBLA includes an introduction to the project, site analysis, community consultation process and summary, opportunities and constraints, the design response, and a final draft masterplan.
The executive summary from package encompasses the vision; to provide a place of recreation that fulfills the community’s aspirations and needs of the place’.
In achieving these aspirations this masterplan provides a cohesive design response that integrates best practice for all users while reinforcing and enhancing the environmental qualities of place.
The main outcomes are:
· A park design that facilitates contemporary and future recreation needs as called for by the community.
· A park that acknowledges current uses (football, cricket, informal recreation) and realises its potential by becoming a more inclusive community destination.
· A reuse of existing assets where possible
· A place that provides a range and choice of benefits and experiences that include active and passive recreation within a natural bushland setting
The draft Masterplan includes;
· Existing bushland retained and managed through ongoing bushland management
· New amenities building
· New natural turf playing field and cricket pitch
· Relocated fitness equipment
· New carpark for 22 cars
· New overflow parking for 24 cars
· New open turf picnic area with shade shelters and BBQs
· New shared pathway to Gore Road
· New broad stairs connecting park to harbour
· Additional nature play within RE1 zoning
· New storage building for Council use
Community Consultation
Statement of Intent
The consultation is designed to gauge the level of community support for the draft Bob Campbell Oval Masterplan. The consultation will take place for a period of six (6) weeks and any comments received will be reviewed and evaluated to determine whether to proceed with draft Bob Campbell Oval Masterplan.
Method
Level of Participation |
Inform |
Inform |
Consult |
Form of Participation |
Open |
Targeted |
Open |
Target Audience |
Lane Cove Community |
Stakeholders who attended the workshops |
Lane Cove Community |
Proposed Medium |
eNewsletter Onsite Signage
|
Notification Letters / Email |
Public Exhibition, Website Exhibition and Survey (if applicable)
|
Indicative Timing |
Timing of consultation (October – December 2022) |
Timing of consultation (October – December 2022) |
Timing of consultation (October – December 2022) |
Conclusion
Community workshops have been carried out with stakeholders and Taylor Brammer Landscape Architects have refined the draft Master Plan from 3 options to one. The draft masterplan is now ready for wider community consultation.
That:- 1. Council adopt for the purpose of public exhibition, the draft masterplan for Bob Campbell Oval; 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, draft masterplan for Bob Campbell Oval, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held in February 2023. |
Martin Terescenko
Executive Manager - Open Space and Urban Services
Open Space and Urban Services Division
AT‑1 View |
Bob Campbell Oval DRAFT Master Plan |
43 Pages |
Available Electronically |
Ordinary Council Meeting 27 October 2022
DCP Amendment No 21 - Setbacks to Pedestrian link St Leonards South - Post-exhibition report
Subject: DCP Amendment No 21 - Setbacks to Pedestrian link St Leonards South - Post-exhibition report
Record No: SU8975 - 58783/22
Division: Environmental Services Division
Author(s): Terry Tredrea; Christopher Pelcz
Executive Summary
The purpose of this report is to outline the results of community consultation for a proposed amendment to the Lane Cove Development Control Plan (DCP) to clarify the setback controls along the east-west pedestrian link in the St Leonards South Precinct as set out in Table “Building Envelope” page 45 in DCP Part C – Residential Localities - Locality 8 St Leonards South Precinct. (see AT-1). In addition, a savings clause for the DCP is proposed (see AT-1).
Council resolved at its 18 August 2022 meeting to exhibit this proposed amendment and to receive a report back on the results of community consultation (AT-2 & AT-3).
A public exhibition was held from Monday 26 September 2022 to Sunday 23 October 2022.
Three (3) submissions were received during the exhibition period. One (1) was in favour of the proposal, One (1) supported the intent of the proposal but in a modified form, and One (1) was opposed.
The submissions can be summarised as follows; Supports a wide (or wider) pedestrian link, Potential loss of viability threatens development; Make wording consistent with that of other setbacks in DCP Part C – St Leonards South.
The issues raised are addressed within this Report. Based on the submissions, it is recommended that Council adopt the amendments with revised wording similar to that proposed in one submission.
It is noted that the exhibition period finishes after the deadline for the completion of the reports for the Council Ordinary meeting. If further submissions are received they will be reviewed and provided to Council via an addendum prior to the meeting.
Background
Lane Cove Council Development Control Plan 2010 (the DCP) contains site specific controls for Part C Residential Localities - Locality 8 St Leonard’s South Precinct. Included in the controls for building envelopes is the provision for Setbacks from property boundaries to the buildings. In all, there are six (6) different types of building setbacks, one of which (“F”) applies to setback of buildings along the entire length of the east-west 15m pedestrian link.
Setback “F” is being strengthened by further clarification of its application regards to the pedestrian link, which is currently only fully depicted in the corresponding figure but not in the text.
![]() |
Public Exhibition
The proposed amendment was on public exhibition from 26 September 2022 to 23 October 2022, as per the planning regulations and the Lane Cove Community Participation Plan 2019, and included the following: -
· E-newsletter distributed to 6,000+ registered residents;
· Lane Cove community groups, including the Greenwich Community Association;
· Notice of the proposal ( approx.1200 letters) distributed to:
o affected property owners and tenants;
o adjoining Local Government Areas (Willoughby and North Sydney);
o NSW Dept of Planning and Environment.
· On-line exhibition on Council’s website (Have Your Say); and
· Poster at the Lane Cove Civic Centre.
Note that due to COVID-19 restrictions Council was unable to include:
· Hard copy documents for viewing at Council’s Civic Centre, and Lane Cove & Greenwich Libraries.
Discussion
The three issues raised in the public submissions (see above) are discussed below.
A. For the amendment
1. Width of pedestrian link
While supporting the amendment the submitter has suggested that the E-W pedestrian link be widened.
Comment:
The width of the E-W pedestrian link was the result of extensive Urban Design studies and analyses undertaken as part of the Masterplan process. The proposed amendment is not intended to revisit the width of the link but to clarify the required building setback controls.
2. Make the wording consistent with other setbacks in DCP Part C - St Leonards South.
The submission suggests that the language proposed is not consistent with that of the DCP.
The following wording is proposed.
- 6m at park level (Areas 21 and 22) and pathway reservation level (Areas 5, 6, 7, 8, 14, 15, 16 and 17)
- +3m at and above Level 5.”
Comment:
It is agreed in principle that the DCP should be consistent in its form and wording. To be consistent with the other setbacks, the Area numbers belong in the LOCATION box. As a result it is agreed that the draft amendment should be adjusted as follows;
See Table 1 below (proposed changes in red):
Building Envelope |
|||
No. |
CONTROL |
PROVISION |
NOTES/LOCATION |
1 |
Building setbacks F (Refer to Figure 9) |
· 6m at park and east-west pathway reservation level · +3m at and above Level 5 |
· To Local Park (eastern buildings of Areas 21 and 22) and · to east-west pathway reservation as shown in Figure 5(b) (for Areas 5, 6, 7, 8, 14, 15, 16 and 17). |
Table 1 DCP Part C - St Leonards South – Proposed Building Setback F
B. Against the amendment
The submission raises concern that any further changes to controls will impact the viability of developments along the pathway by reducing the potential yields.
Comment:
It should be noted that the amendment is not proposing any reduction in dwelling yield nor does it propose further restrictive controls. The amendment merely seeks to clarify the wording of the existing clause.
Design Review Panel
The proposed amendment was submitted to Council’s Design Review Panel for advice. (AT-4) The Panel believes the proposed amendment clarifies the original intent of the Masterplan and the interpretation made by most Proponents to date – that is, by providing clarity and certainty of wording early in the design and development application process. However, The Panel observes some uncertainty within the DCP regarding nomenclature, namely whether a building’s ground level is named “Ground Level” or “Level 1”. They therefore recommend further clarification be provided within the DCP by changing the amendment text to read:
• 6m at level 1 to level 4 (4 storeys)
• 9m at Level 5 and above (above 4 storeys)
Further to this, the Panel raised no objection to the retrospective application of these amendments (Section A.1.6B), since no change is proposed to the setback provisions.
The Panel also noted that an absence of building articulation and modulation to the facades of the residential towers facing the green spines, contributes to a ‘canyon effect’. They suggest that bay windows and other minor articulation be permitted to extend up to 1 m into the east-west building separation zone across the green spines. “If adopted this may have the benefit of providing enhanced building articulation and modulation as well as capturing additional solar access into living spaces and balconies.” This it is argued would not be inconsistent with the broad scale of the LEP Height map and,
“The provision of additional building envelope articulation and solar access to the inner facades would directly support other objectives of the Lane Cove LEP 2009 Clause 7.6 Design Excellence, ADG and Lane Cove DCP.”
Comment:
While the Panels suggestion adds further clarity, it would require an edit of the entire Setbacks table, beyond the scope of this amendment and as such is not supported.
In relation to the Panels observations of the height controls relating to the green spine this is not an appropriate DCP amendment. It would require an amendment to the Local Environmental Plan and is not supported.
Conclusion
After considering the public submissions and advice of the Design Review Panel, it is recommended that Council:
a. Clarify the wording for “Setback F” in Lane Cove DCP Part C - St Leonards South to use the same language style and table format as that adopted elsewhere in the Setback control (see Table 1 above); and
b. proceed with the savings clause as exhibited. That is, include a new Section A.1.6B as follows:
The provisions of this DCP as amended by Lane Cove Development Control Plan 2009 (Amendment No. 21) apply to development applications made both before and after Lane Cove Development Control Plan 2009 (Amendment No. 21) came into effect, despite any other provision of this DCP.
That Council: 1. proceed with the proposed DCP Amendment No 21 in relation to Building Setback F along the east-west pedestrian link with the following amendments:- a. replace the existing Building Envelope Table for Building Setback F with:
b. Include a new Section A.1.6B as follows;
The provisions of this DCP as amended by Lane Cove Development Control Plan 2009 (Amendment No. 21) apply to development applications made both before and after Lane Cove Development Control Plan 2009 (Amendment No. 21) came into effect, despite any other provision of this DCP. |
Mark Brisby
Executive Manager
Environmental Services Division
AT‑1 View |
Draft amendment as exhibited |
1 Page |
Available Electronically |
AT‑2 View |
REPORT DCP Amendment No 20 Part storeys |
12 Pages |
Available Electronically |
AT‑3 View |
Minutes - DCP Amendment No 20 Part Storeys |
1 Page |
Available Electronically |
AT‑4 View |
NSROC Design Review Panel Minutes |
3 Pages |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Draft Urban Forest Strategy
Subject: Draft Urban Forest Strategy
Record No: SU8181 - 57551/22
Division: Open Space and Urban Services Division
Author(s): Helen Haigh
Executive Summary
Council engaged a consultant ArborCarbon to assist in preparing an Urban Forest Strategy for the Local Government Area (LGA). The purpose of the strategy is to provide a holistic approach to protect and improve the Urban Forest of the LGA through effective management of the existing tree canopy whilst increasing public knowledge to facilitate enhanced understanding of the value of trees.
The development of the strategy has involved; engagement with Council staff and the local community; analysis of Council’s tree database (Tree Plotter); and obtaining aerial vegetation imagery, aligned with the land use zones from the Local Environmental Plan (LEP). From this information targets have been developed for canopy cover using the NSW Government Greener Neighbourhood Guide or using the mean canopy cover for individual land use zones.
Four principles have been created to assist in addressing the purpose of the strategy; Protect and Retain, Expand and Improve, Connect and Monitor. These principles are further broken down into objectives and actions.
The draft Urban Forest Strategy (AT – 1) is recommended for adoption for the purposes of undertaking community consultation, as outlined in the report.
Background
Council declared a climate emergency in 2019. Since 2019 Council have been implementing actions to reduce carbon emissions and increase sustainability and resilience measures. Projects that have been focused around trees and canopy cover have been funded by Councils Sustainability Levy and successful NSW state government grants. These projects have included on ground mapping using TreePlotter software, aerial imagery mapping of canopy cover, Longueville Street Tree Project and Park Remnant Replacement Project.
Tree Plotter and Aerial imagery
Over the last 3 years Council has been improving the systems used to manage public trees and increase canopy cover. Tree Plotter software and on ground mapping has allowed Council to map all street and park trees on public land. It is a database which allows monitoring of age, health and general condition of the tree as well as the distribution of species. A public interface also allows residents to look up their favourite tree and find out its Eco Benefits such as air quality, carbon stored and stormwater runoff. Acquisition of aerial imagery in 2021 has provided the baseline data for the urban forest strategy. The imagery is detailed enough to provide vegetation cover in different classifications from canopy tree >20m through to ground cover vegetation 0-3m in height.
What is an Urban Forest?
Trees across the urban Local Government Area (LGA) collectively form an ‘urban forest’, this includes trees on both private and public land. An urban forest is not only composed of trees and vegetation, but also other essential components such as soil, water and supporting ecology which are essential to sustain the urban forest. This draft refers to the urban forest canopy across the LGA of both private and public land but excludes canopy of bushland (C2).
The urban forest on public land is managed differently to areas of urban bushland. Bushland is managed separately as a functioning ecosystem through the Bushland Plan of Management; the urban forest provides crucial connectivity for fragmented urban bushland. Street and park trees in public spaces make up the urban forest, they provide amenity and shade amongst other benefits and are managed differently to bushland. Management, for example, of these trees, could include pruning for sightlines, consideration of underground services and provision of future pedestrian footpaths to ensure public safety and asset protection.
Another aspect for urban forest management is consideration of species diversity and age class. Unsurprisingly Myrtaceae (this includes gum trees) was the most common family across the LGA. Trees with long life expectancies made up the most common age class. A healthy urban forest requires a range of different species, age classes and ages.
Discussion
Legislation
The draft Urban Forest Strategy aligns with multiple state plans and State Environmental Planning Policies (SEPP), for example the Greater Sydney Regional Plan and North District Plan. Council plans that specifically align with the draft Strategy include the Climate Resilience Plan – (Action 4.02 Develop an Urban Forestry Strategy and Community Strategic Plan – Objective 14: Urban Forest) and the delivery Program, 22/23 – 24/25 and Operational Plan 22/23 – (Action 3.2.2.2 Develop and implement Urban Forest Strategy).
Consultation
The development of the strategy has involved engagement with Council staff, the local community and the Aboriginal Heritage Office (AHO). This information was used to inform the implementation plan within the strategy. Council also used the consultation as an opportunity to establish the community’s willingness to plant trees on private land as well as their knowledge of Council’s existing tree related education programs.
Targets
Canopy targets have been developed for the Lane Cove LGA using the ‘Greener Neighbourhood Guide’ (DPE, 2021) and when this was not possible targets were developed using current mean canopy cover targets. These targets have been developed through detailed analysis of current canopy cover using land zones (identified in the LEP).
The NSW Government has set a target of 40% (which includes bushland) for Lane Cove to be achieved by 2036. Whilst this has been achieved, Council needs to ensure there is no net canopy loss. This strategy assesses canopy cover across the LGA excluding bushland (current canopy cover is 35.4%). The overall proposed canopy target increase is 1.2% the equivalent to 2,284 trees.
Whilst 1.2% appears a small amount over 10 years, this will ensure there is a continuous positive increase and Council are able to maintain an above 40% canopy cover. Council acknowledges the existing challenges in finding available planting space on public open space land and difficulty in encouraging community to embrace trees on private property. 2,284 trees will be in addition to Councils tree replenishment program which will continue to replace existing street and park trees as they decline or are removed for safety reasons.
Principles and Objectives
Four principles (Protect and Retain, Expand and Improve, Connect, and Monitor) provide the themes for the subsequent objectives and actions (Implementation Plan) for the Urban Forest Strategy.
Protect and Retain - Retain existing canopy cover by protecting trees.
Expand and Improve - Increase canopy cover by planting more trees on public land and encourage private landowners to do the same. Improve the resilience of the urban forest by increasing diversity and connectivity.
Connect - Engage the community, businesses, schools, and other organisations to encourage their involvement in the management of the urban forest. Maximising community support will allow for improved urban forest outcomes.
Monitor - Regularly monitor the urban forest to track progress on the targets and objectives of the Strategy and inform management.
Implementation Plan
The Implementation Plan lists the actions for each objective and prioritises the actions. The table acknowledges current actions already taking place that should continue (Ongoing) as well as ranking High, Medium and Low priorities.
Community Consultation
Statement of Intent
The consultation is designed to gauge the level of community support for the draft Urban Forest Strategy to obtain feedback regarding the content as well as to ascertain if any amendments are required. The consultation will take place for a period of six (6) weeks and any comments received will be reviewed and evaluated to determine whether any revisions are required to the draft Urban Forest Strategy prior to adoption.
Method
Level of Participation |
Involve |
Inform |
Consult |
Form of Participation |
Open |
Targeted |
Open |
Target Audience |
Council representatives
Lane Cove Community
Aboriginal Heritage Office
|
Lane Cove Community
Bushcare Management Advisory Committee
Lane Cove Bushland and Conservation Society |
Lane Cove Community
Bushcare Management Advisory Committee
Lane Cove Bushland and Conservation Society |
Proposed Medium |
Website Exhibition, eNewsletter, survey and social media |
Website Exhibition, eNewsletter and social media |
Website Exhibition with survey, eNewsletter and social media |
Indicative Timing |
Timing of consultation (2 December 2021 – 14 February 2022) (completed) |
Timing of consultation (October 2022 – December 2022) |
Timing of consultation (October 2022 – December 2022) |
Conclusion
The Draft Urban Forest Strategy has been developed over the last year in consultation with the community, Council staff and the Aboriginal Heritage Office. Consultants have analysed aerial imaging and tree plotter data alongside the consultation information to produce the Draft. The Urban Forest Strategy will guide Council over the next 10 years. It is now ready for community consultation.
That:- 1. Council adopt for the purpose of public exhibition, the Draft Urban Forest 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 Urban Forest Strategy, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held in February 2023. |
Martin Terescenko
Executive Manager - Open Space and Urban Services
Open Space and Urban Services Division
AT‑1 View |
Draft Urban Forest Strategy |
88 Pages |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Ministerial Correspondence Received in Relation to the St Leonards & Crows Nest 2036 Plan and Unoccupied Dwellings in Lane Cove
Subject: Ministerial Correspondence Received in Relation to the St Leonards & Crows Nest 2036 Plan and Unoccupied Dwellings in Lane Cove
Record No: SU1802 - 59785/22
Division: General Managers Unit
Author(s): Jessica Quilty
Executive Summary
Council resolved in May 2022 to write to the Minister of Planning, Anthony Roberts MP and the NSW Member for North Shore, Felicity Wilson MP requesting a review of the height and floor space ratio (FSR) controls within the St Leonards & Crows Nest 2036 Plan, specifically in relation to the planning proposals at 448-456 Pacific Highway (car wash site) and 524-542 Pacific Highway (Telstra exchange site).
Council also resolved in July 2022 to write to the Minister of Planning, Anthony Roberts MP, the Minister for Local Government, Wendy Tuckerman and the NSOC Chair in relation to unoccupied dwellings and the impact on housing supply.
The relevant Minister and the Chair of NSROC have responded to Council’s correspondence and are attached for Council’s information. It is recommended that the report be received and noted.
Background
In relation to St Leonards & Crows Nest 2036 Plan , Council resolved at its meeting 19 May 2022 that:-
F. The Council write to the Minister of Planning – Anthony Roberts MP and the NSW Member for North Shore – Felicity Wilson MP:-
i. Advising the reasons why Council rejected Planning Proposal No. 39 (448-456 Pacific Highway, St Leonards);
ii. Advising of the reasons why Council in March 2020 (resolution 39/2020) rejected Planning Proposal No. 31 (524-542 Pacific Highway, St Leonards); and
iii. Requesting a review to reduce the height and FSR controls of the two above mentioned sites in the St Leonards & Crows Nest 2036 Plan given Council’s Local Housing Strategy has been adopted which states no further re-zonings are required in the Lane Cove LGA.
In relation to Unoccupied Dwellings in Lane Cove, Council resolved at its meeting 21 July 2022 to:-
1. Write to the Minister for Local Government, The Hon. Shelley Hancock and the Minister for Planning and Homes, The Hon. Anthony Roberts, asking them to:- a. Explore more fully methods to identify unoccupied dwellings; b. Consider reforms to the Local Government rating system, and the NSW land tax system, to provide a financial incentive for property owners to ensure their investment property holdings are being utilised for permanent residential accommodation purposes; and c. Implement measures to ensure any additional Council Rate revenue derived from such unoccupied dwellings must be directed to acquisition of key worker/affordable housing. 2. Recognising that this is an issue across the Sydney metropolitan area, Lane Cove Council write to the Chair of NSROC, seeking support for a joint letter, calling for the actions in point one (a-c). |
Discussion
The relevant Minister and the Chair of NSROC have responded to Council’s correspondence and are attached for Council’s information.
That the report be received and noted. |
Craig Wrightson
General Manager
General Managers Unit
AT‑1 View |
Response Minister Roberts - St Leonards and Crows Nest 2036 Plan |
2 Pages |
Available Electronically |
AT‑2 View |
Response Minister Tuckerman - Unoccupied dwellings |
2 Pages |
Available Electronically |
AT‑3 View |
Response NSROC Chair - Unoccupied dwellings |
1 Page |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Community Land Plan of Management - Community Consultation
Subject: Community Land Plan of Management - Community Consultation
Record No: SU264 - 59253/22
Division: General Managers Unit
Author(s): David Stevens
Executive Summary
A Draft Community Land Plan of Management (PoM) for the care, control and management of community land in Lane Cove LGA and proposed categories for parcels of Crown Land were endorsed for public exhibition at the Ordinary Council Meeting on 20 May 2019.
The Draft “Lane Cove Community Land Plan of Management” dated October 2019 and post-consultation report was submitted to Council and adopted on 21 October 2019. The Draft was then submitted to Crown Lands for Ministerial approval. Crown Lands raised matters to be clarified and amended. The resultant amended draft re-titled “Plan of Management (Crown Reserves with Council Manager) dated July 2021 received Ministerial approval on 8 October 2021.
Legislation requires Council to exhibit the amended Plan of Management as approved by The Minister prior to adoption by Council. Council reexhibited the plan from 1 April to 13 May 2022 and it is now recommended that Council adopt the Community Land Plan of Management.
One (1) submission was received during the community consultation phase run between 1 April and 13 May 2022 seeking clarification on park names, boundaries and legislative matters, for example zone categories C2 and E2.
Background
As a result of reforms set out within the Crown Land Management Act 2016, Council now manages dedicated or reserved Crown Land, where it has been appointed as Crown land Manager, as public land for use by the general community, in accordance with Section 36 of the Local Government Act 1993, rather than under Crown Lands legislation.
The Community Land Plan of Management (CLPOM) authorises Council to grant leases, licenses, hire arrangements or other estates required for the use of the land and/or buildings on the land, in accordance with Section 46 of the Local Government Act 1993.
The Draft Community Land Plan of Management (AT-1) was revised to include Crown Lands now managed under the Local Government Act as community land. The Plan identifies categories of community land use by the general public and provides objectives for each of these categories.
As a result of the reforms, Crown Land that has been identified as under Council control is now incorporated into Council’s Community Land Asset Register.
Discussion
Council resolved on 21 March 2022 and placed the draft CLPOM on public exhibition from 1 April to 13 May 2022 with one (1) submission received (AT-2). The respondent proposed that information pertaining to Hodgson Park, Tambourine Park and Warraroon Reserve required clarification with regard to naming convention, boundaries, zoning and categorisation.
The name Hodgson Park is used in this draft CLPOM as, while not in common use, it is the name assigned to the reserve on the foreshore of Tambourine Bay by the Geographical Names Board and Crown Lands.
The details given in the draft CLPOM for Reserve 89059 Tambourine Park and Hodgson Park are correct and are consistent with the information contained in the Crown Land Manager Reserves Portal.
Tambourine Park and Hodgson Park together form an almost continuous reserve along the foreshore and both extend beyond the Crown Reserve itself, around the Tambourine Bay foreshore and north to River Road through Warraroon Reserve. The map below shows the land identified by Crown Lands as Reserve 89059 Tambourine Park and Hodgson Park in red and included in this draft CLPOM.
Extract from Council CLM Reserves Portal – see Council Crown land manager (nsw.gov.au)
The Department of Planning and Environment – Crown Lands, as the owner of the Crown Lands, requires a plan of management for those Crown Reserves with Council Crown Lands Manager. These Crown Reserves have been identified with the relevant property information.
For each category of community land there are two tables describing the land included (pages 5 and 12 of the Draft CLPOM respectively).
The first table identifies each Crown Reserves by reserve number, name, area and purpose and its proposed categorisation in the draft CLPOM. The property information in this table is taken directly from the Crown Land Manager Reserves Portal.
The second table provides a brief description for each reserve and its zoning. In this table, the descriptions cover the broader reserve area, which in many cases is larger than the Crown Reserve alone, as is the case for Tambourine Park and Hodgson Park. This information is based on a variety of Council sources and assigned names are used where they exist.
There have been recent administrative changes as part of the NSW Government’s planning reforms to some of the environmental planning instruments referred to in the draft CLPOM. Zone category C2 has replaced E2 for the Environmental conservation zone.
Several other changes to relevant environmental planning and statutory instruments have occurred recently:
SEPP (Biodiversity and Conservation) 2021 has consolidated various SEPPs into the one document, and includes the following relevant chapters:
· Ch 2 Vegetation in Non-Rural Areas - planning rules and controls for the clearing of native vegetation in NSW on land zoned for urban and environmental purposes that is not linked to a development application
· Ch 6 Bushland in Urban Areas - provisions seeking to protect and preserve bushland within public open space zones and reservations
· Ch 10 Sydney Harbour Catchment - provisions to manage and improve environmental outcomes for Sydney Harbour and its tributaries
SEPP (Resilience and Hazards) 2021 has consolidated various SEPPS includes Ch 2 Coastal Management.
SEPP (Transport and Infrastructure) 2021 includes Ch 2 Infrastructure Division 12 Parks and other public reserves.
The draft CLPOM has been amended to reflect the Local Government (General) Regulations 2021 changes.
Council (Bushland and Planning) staff met with the respondent directly to discuss the above zoning and legislative matters raised, including Kallaroo Road.
Conclusion
It is recommended that no changes be made to the name and descriptions (nor boundaries) for Hodgson Park and Tambourine Park(s) in the draft CLPOM. Further, Zone category C2 has replaced E2 for the Environmental conservation zone and is therefore correctly noted in Council’s draft CLPOM.
That Council: 1. Note and receive the Report: 2. Adopt the Community Land Plan of Management |
Craig Wrightson
General Manager
General Managers Unit
AT‑1 View |
Approved Plan of Management PoM Lane Cove Community Land Plan of Management (Crown Reserves with Council) Manager |
68 Pages |
Available Electronically |
AT‑2 View |
CLPOM - Submission - PDF Version |
1 Page |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Proposed Voluntary Planning Agreement for Area's 1, 2 and 4 - St Leonards South Precinct
Subject: Proposed Voluntary Planning Agreement for Area's 1, 2 and 4 - St Leonards South Precinct
Record No: SU8525 - 58815/22
Division: General Managers Unit
Author(s): David Stevens
Executive Summary
Council undertook community consultation on the proposed Voluntary Planning Agreement (VPA) for 1-5 Canberra Avenue, 4-8 Marshall Avenue and 2-8 Holdsworth Avenue (Areas 1, 2 and 4 at the St Leonards South Precinct) between 2 September and 30 September 2022. The VPA provides for the construction and dedication to Council of Infrastructure and public benefit supporting the St Leonards South Precinct as outlined in the Lane Cove Development Control Plan Part C – Residential Localities – Locality 8, for which no Section 7.11 Contribution offset is available. No amendments to development standards are provided by this proposed VPA. The purpose of this report is to outline the results of the consultation and recommends that Council enter into a VPA with the proponent(s), SLS Canberra Residences Pty Ltd and SLS Holdsworth Residences Pty Ltd.
Background
At the Council Meeting of 7 December 2020, Council resolved in part to grant delegated authority to the General Manager to exhibit in conjunction with relevant Development Applications, VPA’s received in respect of the precinct whose incentives accord with Council’s previously adopted incentives contained in the DCP for each Area and then be reported to Council for consideration.
SLS Canberra Residences Pty Ltd and SLS Holdsworth Residences Pty Ltd propose to undertake a development on the land that comprises a multi-story residential flat building(s) compliant with the Lane Cove LEP 2010 and Lane Cove Development Control Plan, Part C – Residential Localities - Locality 8. The Development utilises Part 7 Additional local provisions - St Leonards South Area under Lane Cove LEP 2010. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement.
Subject to the granting of development consent for the Development, the VPA provides for the construction and dedication to Council of Infrastructure and public benefit supporting the St Leonards South Precinct as noted in Schedule 4 of the VPA.
Discussion
From a public benefit perspective, in addition to the S7.11 Developer Contributions to fund precinct wide community infrastructure, the 1-5 Canberra Avenue, 4-8 Marshall Avenue and 2-8 Holdsworth works will deliver the following in accordance with the “Specifications for Private Open Space in the St Leonards South Precinct”:-
1. Dedication (free of cost) to Council in perpetuity of a parcel of land of approximately 900sqm of public open space in Area 1; and
2. Dedication (free of cost) to Council in perpetuity of a parcel of land of approximately 400sqm of public open space in Area 2;
3. Dedication (free of cost) to Council in perpetuity fourteen (14) affordable housing dwellings in Area 1 comprising of: minimum two (2) bedrooms; internal area of at least 70m2 (plus storage); and, one (1) car space;
4. Dedication (free of cost) to Council in perpetuity seven (7) affordable housing dwellings in Area 2 comprising of: minimum two (2) bedrooms; an internal area of at least 70m2 (plus storage); and, one (1) car space; and,
5. Dedication (free of cost) to Council in perpetuity seven (7) affordable housing dwellings in Area 4 comprising of: minimum two (2) bedrooms; an internal area of at least 70m2 (plus storage); and, one (1) car space.
On 2 September 2022 the VPA was placed on public exhibition for community consultation, with submissions received until 30 September 2022. Of the submissions received regarding DA22/79-01, five (5) referred directly to the draft planning agreement, stating:-
1. VPAs with Council have been rushed through by the applicant to obtain the additional height, more mass, excessive FSR, reduced setbacks, breaches in SEPP 65, breaches in ADG, additional height, exhausting of infrastructure and services, reduced open space and green spines;
2. 26 affordable units and 2 pocket parks are not sufficient value. The units are not of good quality as they do not receive sufficient sunlight among other issues such as no parking;
3. This VPA and the S7.11 of the St Leonards South contributions plan do not extract the greatest benefit for the area nor create the advantages required by the community.
4. It seems that this VPA is in place to obtain FSR and height uplift through the application of Clause 4.6 of LEP;
5. Approving the VPA at this time promotes the isolation of 2 Marshall Ave and deprives the public of Lane Cove and its community with this green space connecting the SLS with the amenities at St Leonards Station and its surrounds; and,
6. Council has an obligation to facilitate the full amalgamation of Area 1 into this DA as was intended in Council’s LEP. I and my family are actively seeking contact with New Hope Evergreen and there is no valid reason for this developer not to purchase my site.
As outlined previously in this Report, the draft VPA does not provide for amendments to development standards captured in the Lane Cove LEP 2010 and Lane Cove Development Control Plan (DCP) Part C – Residential Localities - Locality 8.
All benefits subject to a VPA in the ST Leonards South Precinct, including the amount of affordable housing to be included in a development, was determined through valuation analysis undertaken by Hill PDA at the Planning Proposal stage and is considered appropriate. The DCP includes “Specifications for Affordable Housing in the St Leonards South Precinct” such that these dwellings (28 in Areas 1,2 and 4) comprise a minimum two (2) bedrooms and an internal area of at least 70m2 (plus storage) and one (1) car space.
Overall (SLS) objectives, per Locality 8 in the DCP include, but are not limited to: an accessible, well-designed public open space network that provides active and passive recreation space(s); communal open space that is functional and shared by residents; suitable transition and interfaces to adjoining zones and open space; provide transitional built form at edges of the precinct; encourage a stepped-back building form in order to reduce building bulk and scale to the street; step the heights from tallest adjacent to the Railway Station, reducing with distance to the south and west; create additional streets and paths that will reduce pressure on the existing road and pedestrian infrastructure; and, achieve a safe and convenient pedestrian environment that encourages walkability, public transport use and social interaction.
The VPA does not deal with property isolation as this matter is part of the planning process, only the collection of monetary contributions and / or works-in-kind to deliver the aforementioned public infrastructure and services benefit(s).
Conclusion
The proposed VPA will benefit the community and future residents of the proposed development of Areas 1, 2 and 4 (1-5 Canberra Avenue, 4-8 Marshall Avenue and 2-8 Holdsworth Avenue) at the St Leonards South Precinct via the dedication (free of cost) to Council of approximately 1,300m2 of open public space and twenty eight (28) affordable housing dwellings. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement.
It is therefore recommended that Council note the submissions received during the community consultation process and proceed with the proposed Voluntary Planning Agreement for Areas 1, 2 and 4 (1-5 Canberra Avenue, 4-8 Marshall Avenue and 2-8 Holdsworth Avenue) at the St Leonards South Precinct.
That Council:- 1. Council receive and note the report; 2. Council enter into a Voluntary Planning Agreement with New Golden St Leonards Pty Ltd in respect of the development of Areas 1,2 and 4 (1-5 Canberra Avenue, 4-8 Marshall Avenue and 2-8 Holdsworth Avenue) at the St Leonards South Precinct; and 3. The General Manager review the trustee assignment provisions of the VPA and be authorised to finalise the wording of the proposed Voluntary Planning Agreement and sign the Agreement on behalf of Council. |
Craig Wrightson
General Manager
General Managers Unit
There are no supporting documents for this report.
Ordinary Council Meeting 27 October 2022
Proposed Voluntary Planning Agreement for Areas 18, 19 and 20 - St Leonards South Precinct
Subject: Proposed Voluntary Planning Agreement for Areas 18, 19 and 20 - St Leonards South Precinct
Record No: SU8525 - 41373/22
Division: General Managers Unit
Author(s): David Stevens
Council undertook community consultation on the proposed Voluntary Planning Agreement (VPA) for 21-31 Holdsworth Avenue, 22-34 Berry Road and 42-46 River Road (Areas 18, 19 and 20 in the St Leonards South Precinct) between 7 September and 5 October 2022. The VPA operates to secure the construction and dedication to Council of infrastructure and public benefit supporting the St Leonards South Precinct as outlined in Lane Cove Development Control Plan Part C – Residential Localities – Locality 8, for which no Section 7.11 Contribution offset is available. No amendments to development standards are provided by this proposed VPA. The purpose of this report is to outline the results of the consultation and recommends that Council enter into a VPA with the proponent(s), CIFI St Leonards Pty Ltd and Greaton St Leonards Holdings Pty Ltd.
Background
At the Council Meeting of 7 December 2020, Council resolved in part to grant delegated authority to the General Manager to exhibit in conjunction with relevant Development Applications, VPA’s received in respect of the precinct whose incentives accord with Council’s previously adopted incentives contained in the DCP for each Area and then be reported to Council for consideration.
CIFI St Leonards Pty Ltd and Greaton St Leonards Holdings Pty Ltd propose to undertake a development on the land that comprises multi-story residential flat building(s) compliant with the Lane Cove LEP 2010 and Lane Cove Development Control Plan (DCP) Part C – Residential Localities - Locality 8. The Development utilises Part 7 Additional local provisions - St Leonards South Area under Lane Cove LEP 2010. No amendments to these development standards are provided by this proposed VPA.
Subject to the granting of development consent for the Development, the VPA provides for the construction and dedication to Council of infrastructure and public benefit supporting the St Leonards South Precinct as noted in Schedule 4 of the VPA.
Discussion
From a public benefit perspective, the 21-31 Holdsworth Avenue, 22-34 Berry Road and 42-46 River Road works will deliver the Dedication (free of cost) to Council in perpetuity, a parcel of land identified as part of 28 Berry Road, St Leonards being part of Lot 26 in Section 2 in DP 7259 and 27 Holdsworth Avenue, St Leonards, being part of Lot 18 in Section 2 in DP 7259 constructed to form a 6m wide pedestrian and bicycle link connecting Holdsworth Avenue and Berry Road in accordance with the “Specifications for Private Open Space in the St Leonards South Precinct”.
On 7 September 2022 the VPA was placed on public exhibition for community consultation with submissions received until 5 October 2022. Four submissions were received relating to the draft planning agreement, which raised the following issues:-
1. A DA that delivers more units, limited streetscape upgrades, a narrow unsafe public through site connection contributes to the financial benefit of the developer is not reason enough to contravene controls and provide a VPA;
2. The proposal relies on the incentive scheme to gain additional height;
3. Increased height as incentives will decrease sunlight; and
4. The developer should provide monetary contributions towards local and regional transport infrastructure.
As mentioned previously in this Report, the draft VPA does not provide for amendments to development standards captured in the Lane Cove LEP 2010 and Lane Cove Development Control Plan (DCP) Part C – Residential Localities - Locality 8. In terms of monetary contributions made towards local and regional transport infrastructure, this is covered by the NSW Government’s State Special Infrastructure Contributions (SIC) which is imposed as part of the Development Consent.
Conclusion
The proposed VPA will benefit the community and future residents of the proposed development of Areas 18, 19 and 20 (21-31 Holdsworth Avenue, 22-34 Berry Road and 42-46 River Road) at the St Leonards South Precinct via the dedication (free of cost) to Council of a (constructed) 6m wide pedestrian and bicycle link connecting Holdsworth Avenue and Berry Road. No amendments to development standards are provided by this proposed VPA. It is therefore recommended that Council note the submissions received during the community consultation process and proceed with the proposed Voluntary Planning Agreement for Areas 18, 19 and 20 (21-31 Holdsworth Avenue, 22-34 Berry Road and 42-46 River Road) at the St Leonards South Precinct.
That:- 1. Council receive and note the report; 2. Council enter into a Voluntary Planning Agreement with CIFI St Leonards Pty Ltd and Greaton St Leonards Holdings Pty Ltd. in respect of the development of Areas 18,19 and 20 (21-31 Holdsworth Avenue, 22-34 Berry Road and 42-46 River Road) at the St Leonards South Precinct; and 3. The General Manager review the trustee assignment provisions of the VPA and be authorised to finalise the wording of the proposed Voluntary Planning Agreement and sign the Agreement on behalf of Council. |
Craig Wrightson
General Manager
General Managers Unit
Ordinary Council Meeting 27 October 2022
Traffic Committee - September 2022
Subject: Traffic Committee - September 2022
Record No: SU1326 - 57773/22
Division: Open Space and Urban Services Division
Author(s): Dennis Anthonysamy
Executive Summary
The Lane Cove Traffic Committee has met and has submitted recommendations for Council’s consideration. It is recommended that the recommendations of the Committee be adopted.
Background
The Lane Cove Traffic Committee is a requirement of Transport for NSW and is primarily a technical review committee, which provides advice to the Council on matters referred to it by Council. These matters must be related to prescribed traffic control devices and traffic control facilities for which Council has delegated authority. The Committee makes has no decision-making powers, it makes recommendations for the Council to consider, but the Council is not bound by the advice.
Discussion
The Lane Cove Traffic Committee Meeting was held on Tuesday, 20 September 2022. The Agenda is included as AT-1. The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.
That Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 September 2022. |
Martin Terescenko
Executive Manager - Open Space and Urban Services
Open Space and Urban Services Division
AT‑1 View |
Agenda - Traffic Committe - September 2022 |
19 Pages |
Available Electronically |
AT‑2 View |
Minutes - Traffic Committee - September 2022 |
7 Pages |
Available Electronically |
Ordinary Council Meeting 27 October 2022
St Leonards Over Rail Plaza Project - Update
Subject: St Leonards Over Rail Plaza Project - Update
Record No: SU7134 - 60085/22
Division: General Managers Unit
Author(s): Simone Bordin
Executive Summary
In September 2021 Council commenced construction of the St Leonards Over Rail Plaza to deliver a project which will provide an accessible, active, and vibrant public open space for the community.
The installation of the final girder in October 2022 marked a critical project milestone with the completion of the plaza deck upon which the green space will be built. Upcoming work will include removal of the crane, commencement of landscaping and electrical work, completion of the lifts, and finalisation of the playground design. It is recommended that the report be received and noted.
Background
Arenco (NSW) Pty Ltd were appointed as the Head Contractor by Council following the tender process in July 2021. Early works commenced in September 2021 with the establishment of a construction zone on Canberra Avenue. Excavation, pavement demolition, piling work and the construction of temporary pedestrian stairs was completed by January 2022.
Discussion
The installation of 37 Super-T concrete girders and one 170 tonne L-shaped girder has been a primary construction focus over the past months. Extensive consultation with relevant authorities and the community was undertaken to ensure approvals were obtained, and impacts to residents and business, mitigated.
All AFC design documentation has been approved and construction of the super structure – namely the eastern and western abutment and the plaza deck - has been completed.
The installation of the final concrete girder in October 2022 marked a critical project milestone. With the concrete platform now complete, dismantling the crane, waterproofing, electrical work and landscaping can commence. Contractors are now able to conduct work without being reliant on obtaining rail corridor access approvals.
Conclusion
The current agreed project program completion date remains on track for completion by late June 2023.
That Council receive and note the report. |
Craig Wrightson
General Manager
General Managers Unit
Ordinary Council Meeting 27 October 2022
Policy on Payment of Expenses and Facilities to Councillors
Subject: Policy on Payment of Expenses and Facilities to Councillors
Record No: SU834 - 49916/22
Division: Corporate Services Division
Author(s): Stephen Golding
Executive Summary
The purpose of this report is to consider a revised Policy on Payment of Expenses and Provision of Facilities to Councillors, developed in accordance with sections 252-254 of the Local Government Act 1993.
The revised policy has incorporated the NSW Office of Local Government (OLG), Better Practice template as reference in the NSW OLG Circular 17-17 Councillor Expenses and Facilities Policy – Better Practice Template
It is recommended that Council adopt the revised Policy subject to community consultation.
Background
This policy was last reviewed, amended, and adopted at the Ordinary Meeting of Council on 15 February 2021, Council Resolution 20.
Section 252 of the Local Government Act 1993 requires a Council within the first twelve (12) months of each council term to adopt a policy concerning the payment of expenses and provision of facilities to Councillors. Council must give public notice for 28 days of the intention to adopt the policy and consider any submissions made before adopting the policy.
Discussion
The draft policy attached has been reviewed and amended based on the NSW OLG Councillor Expenses and Facilities Policy - Suggested Template, AT-1. This has been highlighted in red with references to the NSW OLG template policy highlighted in purple AT-2.
These coloured references will be removed upon adoption of the policy.
Community Consultation
Statement of Intent
The consultation is designed to consult with community. Any comments received will be reviewed and evaluated and will be reported will be back to Council.
Level of Participation |
Inform |
Consult |
Form of Participation |
Open |
Open |
Target Audience |
Lane Cove Community |
Lane Cove Community |
Proposed Medium |
eNewsletter
|
Public Exhibition, Website Exhibition |
Conclusion
This revised policy has been drafted to incorporate the NSW OLG better practice template to ensure accountability and transparency in the reasonable and appropriate reimbursement of expenses and the provision of facilities to Councillors to help them undertake their civic duties. It is therefore recommended that Council give public notice of its intention to adopt this revised policy and subject to no objections being received, adopt this policy.
That:- 1. Public notice be given of the intention to amend and adopt Council’s Policy on Payment of Expenses and Provision of Facilities to Councillors, dated 29 September 2022 and shown attached as AT-2; and
2. Subject to no objections being received, Council adopt the amended Policy on Payment of Expenses and Provision of Facilities to Councillors. |
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
AT‑1 View |
NSW OLG - Councillor Expenses and Facilities Policy - Suggested Template |
15 Pages |
Available Electronically |
AT‑2 View |
Proposed draft revised Policy on Payment of Expenses and Facilities for Councillors - 2022 |
15 Pages |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Pecuniary Interest Returns 2022
Subject: Pecuniary Interest Returns 2022
Record No: SU2095 - 49717/22
Division: Corporate Services Division
Author(s): Stephen Golding
Executive Summary
The purpose of this report is to table the Pecuniary Interest Returns of Designated Staff and Councillors as required by the Local Government Act 1993. This report recommends that Council notes the tabling of these returns.
Background
The disclosure of interest returns, written declarations and the disclosure of pecuniary interests at Council and Council committee meetings, supports community confidence in local government and ensures staff act honestly and responsibly, when carrying out Council functions.
Section 440AAB of the Local Government Act 1993 (“LG Act”) requires (1) the general manager must keep a register of returns disclosing interests that are required to be lodged with the general manager under a code of conduct, and (2) Returns required to be lodged with the general manager must be tabled at a meeting of the council, being the first meeting held after the last day specified by the code for lodgment, or if the code does not specify a day, as soon as practicable after the return is lodged.
The Model Code of Conduct for Local Councils in NSW, requires that all Councillors must lodge a written return of interests with the General Manager within three months of the 30 June of each year (4.21).
Discussion
Council’s Code of Conduct replicates the Model Code of Conduct for Local Councils in NSW and supports the Local Government Act, that requires that Councillors and designated persons to complete and lodge with the General Manager, a return disclosing his or her pecuniary interests within three (3) months of:-
· Becoming a Councillor or designated person;
· 30 June of each year, and
· Becoming aware of a new interest that must be disclosed in the return.
A designated person refers to:-
· The General Manager and Senior staff;
· A staff member who holds a position as a designated person because it involves the exercise of a function that could give rise to a conflict of interest; and,
· Members of Committee where the Committee is exercising a function that could give rise to a conflict of interest.
All returns for Councillors and Designated Staff in office as at 30 June 2022 have been lodged by the 30 September deadline.
That Council note the Report and tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2021 to 30 June 2022.
|
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
There are no supporting documents for this report.
Ordinary Council Meeting 27 October 2022
Annual Financial Statements - Year Ended 30 June 2022
Subject: Annual Financial Statements - Year Ended 30 June 2022
Record No: SU772 - 49722/22
Division: Corporate Services Division
Author(s): Sarah Seaman
Executive Summary
Following completion of the annual external audit, Council’s Annual Financial Statements for the year ended 30 June 2022 are presented to Council for adoption and subsequent lodgement with the Office of Local Government by 31 October 2022. It is recommended that Council adopt the Annual Financial Statements and invite the Audit Office of NSW and auditors Grant Thornton Australia to attend the next Council meeting to present the Auditors Report.
Background
The audit of the Annual Financial Statements for the year ended 30 June 2022 has been completed by Council’s Auditors, the Audit Office of NSW and Grant Thornton Australia.
The 2022 draft audited Financial Statements were presented to the Internal Audit Committee by Mr James Winter of Grant Thornton Australia on Tuesday 4 October 2022. The Committee endorsed the Statements without modification. Subsequent to the Internal Audit Committee Meeting, an Audit Clearance Meeting between the External Auditors and the Executive Management Team was held on Wednesday 5 October 2022.
The Auditors Report is currently in the process of being finalised and will lodged, together with the audited Financial Statements, with the Office of Local Government by the due date of 31 October 2022.
It should be noted that Section 418 of the Local Government Act 1993, requires that as soon as practicable after a council receives a copy of the Auditors Report:-
a. It must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor’s reports, to the public; and
b. It must give public notice of the date so fixed.
Notice will be given via Council’s website of the intention to present the Annual Financial Statements for the year ended 30 June 2022, together with the Auditors Report at the 24 November 2022 Council Meeting and invite members of the public to make written submission, should they wish to do so.
Representatives from the Audit Office of NSW and Grant Thornton Australia will attend the 24 November 2022 Council meeting to present the Auditors Report and respond to any questions Councillors may have.
Discussion
Financial Result
Council’s overall financial result for the year was an operating surplus of $7.609 million before capital grants and contributions and $28.892 million including capital grants and contributions.
The financial result reflects Council’s ongoing strong financial position and performance established and maintained over many years. The financial result is particularly pleasing given the range of adverse financial impacts the COVID-19 pandemic has had on Council’s services and operations, particularly between the period July 2021 and February 2022 and the inflationary impacts on materials and services, particularly during the last quarter of the financial year.
Once again, Council has exceeded industry benchmarks in each of the key financial indicators, with the exception of the debt service cover ratio as Council has no borrowings. It is noted that the outstanding rates ratio remains relatively high (but still within industry benchmark) and is likely to be a reflection of the financial impacts the COVID-19 pandemic has had on our community. Council has witnessed a small increase in the number of ratepayers who have entered into rate payment arrangements over the course of the past 12 months, which have been accommodated under council’s Debt Management Policy.
Audit Findings
In its Engagement Closing Report, the Audit Office of NSW has indicated it will be issuing Council with an unqualified audit opinion of its General Purpose Financial Statements. Furthermore, the Audit Office of NSW assessed and evaluated a range of key issues and audit risks as part of their audit scope. No matters arose from those issues or risks.
A Copy of the Annual Financial Statements for the year ended 30 June 2022 is attached at AT-1.
Statement by Councillors and Management
In accordance with Section 413(2)(c) of the Local Government Act, 1993, Council is required to include with the Annual Financial Statements a "Statement by Councillors and Management" signed under resolution of Council, by the Mayor, one other Councillor (generally, the Deputy Mayor), the General Manager and the Responsible Accounting Officer, which will enable Council to complete the Annual Financial Statements and submit them to the OLG by 31 October 2022.
This statement is presented on Page 5 of the General Purpose Financial Statements and is separately attached as AT-2.
Conclusion
Council’s financial position and performance for the period ending 30 June 2022 is strong. There
were no major external audit findings, indicating that Council’s internal controls, systems and
processes are robust and working in an effective manner.
That Council:-
1. Adopt the Annual Financial Statements (AT-1) for the year ended 30 June 2022;
2. In accordance with Section 413(2)(c) of the Local Government Act, 1993, authorise the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer to sign the “Statement by Councillors and Management” (AT-2) for the General Purpose Financial Statements and lodge them with the Office of Local Government by 31 October 2022;
3. Note that the Annual Financial Statements will be placed on Council’s website for public comment; and
4. Invite the Audit Office of NSW and Grant Thornton Australia to attend the Council meeting of 24 November 2022 to present the Auditors Report. |
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
AT‑1 View |
Draft Annual Financial Statements for the year ended 30 June 2022 |
70 Pages |
Available Electronically |
AT‑2 View |
General Purpose Financial Statements 2022 - Statement by Councillors and Management |
1 Page |
Available Electronically |
Ordinary Council Meeting 27 October 2022
Council Snapshot September 2022
Subject: Council Snapshot September 2022
Record No: SU220 - 57905/22
Division: General Managers Unit
Author(s): Craig Wrightson
Attached for the information of Councillors is a review of Council’s recent activities. This report provides a summary of the operations of each division in September 2022.
That the report be received and noted. |
Craig Wrightson
General Manager
General Managers Unit
AT‑1 View |
Council September Report |
39 Pages |
|