Agenda
Ordinary Council Meeting
8 December 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 8
December 2022 commencing at 7pm. 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
General Manager
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, 07 December 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.
Ordinary Council 8 December 2022
TABLE OF
CONTENTS
DECLARATIONS OF INTEREST
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 - 24 NOVEMBER 2022
Orders Of The Day
Notices of Motion
2. Notice of Motion - Abolish Nuclear Weapons
Cities Appeal................ 5
3. Notice of Motion - Implementation of
Resolution Tracker................. 7
4. Notice of Motion - Lane Cove Home Energy and
Water Makeover Program........................................................................................................................ 8
5. Notice of Motion - Opposing Bus Privatisation
in Lane Cove............. 10
6. Notice of Motion - Car Free Sunday............................................................... 11
7. Notice of Motion - Car Boot Community Market...................................... 12
8. Notice of Motion - Soft Plastic Waste Solution..................................... 13
9. Notice of Motion - Bushland Trees Illegal
Poisoning and Removal 14
10. Notice of Motion - Operation of St Leonards
South LEP Site Consolidation Clause.......................................................................................... 16
Officer Reports
for Determination
11. 2024 Local Government Elections.................................................................. 17
12. Sport and Recreation Facility - December
Progress Update.......... 19
13. Proposed Partial Road Closure - Berry Lane......................................... 23
14. Traffic Committee - November 2022................................................................. 27
15. Trial of On-Street Electric Vehicle Chargers....................................... 28
16. Blackman Park Skate Park Update............................................................... 30
17. Lane Cove Aquatic Leisure Centre - Aquatic and
Recreation Institute Award and their recent Royal Lifesaving Australia Safety
Audit. 32
18. Replacement Dog Advisory Committee Member....................................... 34
19. Delegation of Authority to the General Manager............................... 35
20. Delegation of Authority During Christmas and
Ordinary Council Meeting Recess........................................................................................................ 37
21. Review of Council's Code of Conduct Policy............................................ 38
22. Schedule of Ordinary Council Meetings for 2023.................................. 40
Officer Reports
for Information
23. Council Snapshot November 2022................................................................... 41
Ordinary Council Meeting 08 December 2022
Notice of Motion -
Abolish Nuclear Weapons Cities Appeal
Subject: Notice
of Motion - Abolish Nuclear Weapons Cities Appeal
Record No: SU8642 - 69163/22
Division: Lane
Cove Council
Author(s): Councillor
Andrew Zbik; Councillor Kathy Bryla; Councillor David Roenfeldt
Executive Summary
This Notice of Motion recommends that Council endorse the International Campaign to Abolish Nuclear Weapons Cities
Appeal.
Discussion
In August 1945, the US dropped atomic bombs on Hiroshima and
Nagasaki resulting in over 100,000 deaths. These figures exclude subsequent
deaths due to radiation-induced cancers and leukaemia.
[The yield of each of these bombs
was less than 30 kilotons, an amount proximate to the yield of today’s
so-called tactical or non-strategic nuclear weapons. Hiroshima: 66,000
deaths; uranium bomb, 15 kilotons (TNT). Nagasaki: 39,000 deaths;
plutonium bomb, 25 kilotons (TNT)]
Today’s strategic nuclear weapons, which are those
that could be used against larger targets such as cities, have yields up to ten
times that of the bomb dropped on Hiroshima.
[Thermonuclear weapons have a yield of up to 1.2 megaton yields]
If a nuclear weapon were to be detonated over a city today,
it would be an existential disaster, just as devastating as the impacts of
climate change but with the added horror of its brutal immediacy.
[The International Committee of
the Red Cross predicts that, if a city were attacked, first responders -
hospitals, firefighters, aid organisations - would simply be unable to help.
This is based on evidence that 90 per cent of physicians and nurses in
Hiroshima were killed or injured by the atomic bomb and 42 out of 45 hospitals
were rendered non-functional.]
[70 per cent of victims had
combined injuries including, in most cases, severe burns.
All of the dedicated burn beds
around the world would be insufficient to care for the survivors of a single
nuclear bomb on any city.]
We are in a position where the risk of nuclear weapons being
used seems greater now than at any time since the height of the cold war.
Russia has made open threats about possible nuclear weapon use in the context
of the war in Ukraine.
However, a Treaty prohibiting nuclear weapons entered into
force in January 2021, which is binding on the states that have ratified it.
The goal of the Treaty is to establish a comprehensive and
universal rule banning the testing, transfer, and use of nuclear weapons in the
same manner that biological and chemical weapons are universally prohibited
under international treaty and customary law.
The Australian Red Cross, Australian Medical Association,
and dozens of civil society organisations have called on Australia to sign the
treaty, a move which is supported by 79% of the public. [Ipsos, November
2018]
[More than 250 state and federal
parliamentarians from across the political spectrum have pledged to work for
Australia to sign and ratify the TPNW.]
In Australia, more than 35 local councils have expressed
their support for the treaty. And in June this year, the Australian Local
Government Association passed a resolution in support of Australia signing the
treaty.
Cities and towns have been the target of nuclear attacks
before. But cities and towns can play a crucial role in raising awareness
and building support for efforts to ban nuclear weapons.
Local government representatives have a responsibility to
act to protect citizens from the threat of nuclear conflict.
In November, it was confirmed with Council’s
investment advisers that none of Councils investment have any exposure to
companies that are involved in nuclear weapons.
|
RECOMMENDATION
That Council:-
a. Endorses
the International Campaign to Abolish Nuclear Weapons Cities Appeal, and the
following statement:
Lane Cove Council is deeply
concerned about the grave threat that nuclear weapons pose to
communities throughout the world. We firmly believe that our residents have
the right to live in a world free from this threat. Any use of nuclear
weapons, whether deliberate or accidental, would have catastrophic, far‐reaching and
long‐lasting
consequences for people and the environment.
b. Write
to the Federal Minister of Foreign Affairs and the Federal Attorney General
requesting that Australia signs and ratifies the Treaty on the
Prohibition of Nuclear Weapons by the United Nations in 2017, without delay.
c. Confirms
that as of the 11th November 2022 Council did not hold any investments in
companies or securities issuers that were exposed to the creation of nuclear
weapons.
d. Council
resolves to provide instructions to its investment advisers to not
recommended in the future any investments in companies, securities issuers or
the like that have an exposure to the creation of nuclear weapons.
|
Councillor Andrew Zbik
Councillor
Councillor Kathy Bryla
Councillor
Councillor David Roenfeldt
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion -
Implementation of Resolution Tracker
Subject: Notice
of Motion - Implementation of Resolution Tracker
Record No: SU832 - 69632/22
Division: Lane
Cove Council
Author(s): Councillor
Merri Southwood
Executive Summary
The report requests Council to investigate the implementation of resolution tracking
tools to be incorporated into Council’s website design to provide detail
of the stages of implementation of resolutions of Council.
Background
Council’s Community Strategic Plan
includes the following strategies:-
6.1.1 Ongoing
identification of initiatives to enhance transparency of Council
decision-making and performance.
6.1.2 To
provide assistance to Councillors and support the organisation to operate
within its legal framework.
6.2.5
Identify continuous improvements to Council’s governance structure,
processes and systems.
Council’s Delivery Program includes
the following action:-
6.1.1.1
Ensure Council resolutions are implemented effectively and in a timely manner.
It is important for public confidence in
the governance of Council for the public to be able to track clearly the
implementation of all of Council’s resolutions.
The Council website is the main Council
interface with the public. It is appropriate that the website offer a full
resolution tracking facility.
|
RECOMMENDATION
That Council:-
1. Investigate resolution
tracking tools to be incorporated into Council’s website design to
provide detail of the stages of implementation of all resolutions of Council
from January 2022 (or earlier, if possible);
2. Include in this investigation
the resolution tracking tool of Inner West Council; and
3. Report to the Council
Operational and Planning Workshop in February 2023 on the resolution tracking
tool recommended to meet the requirements detailed in Council’s
Community Strategic Plan and Delivery Program and the cost thereof, with a
view to inclusion in the Council’s Operational Plan for 2023-24.
|
Councillor Merri Southwood
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion - Lane
Cove Home Energy and Water Makeover Program
Subject: Notice
of Motion - Lane Cove Home Energy and Water Makeover Program
Record No: SU4595 - 69824/22
Division: Lane
Cove Council
Author(s): Councillor
Rochelle Flood
Executive Summary
The report recommends Council investigate
the feasibility, potential scope, and cost of developing a home energy and
water makeover program for Lane Cove.
Discussion
While progress has been made towards
broader sustainability in our community, within Lane Cove, we still have
approximately 279,000 tonnes of Co2 emissions each year; the majority of which
comes from residential properties. Looking at the emissions by source, it is
clear that most emissions (59%) are from electricity generation using fossil
fuels. In addition, water use within our LGA remains high. Again, the majority
of water use (80%) is within the residential sector - and nearly half of all
water used is for non-drinking purposes (including laundry, washing etc).
Lane Cove Council’s Sustainability
Plan has set a goal for a 20% reduction in emissions by 2024, and no net
increase in water usage by 2024 (both based on financial year 16/17 baselines).
This plan includes a goal for our community living sustainably; the success
metrics for this include an increase in renewable energy use and a decrease in
water use. In order to meet the goals and targets under our Sustainability
plan, there are further initiatives to consider, to help make it easier for all
members of our community to reduce their energy and water use. One such
initiative is to explore the expansion of rebates to the community, for key
home sustainability items.
Depending on the size, a standard solar
panel system in NSW, can cost anywhere from just under $4,000 up to $8,000 for
larger systems (figures from Canstar Blue). Similarly, water saving mechanisms
can be quite costly - particularly for low to middle income households. The
Federal Government has a program offering solar rebates for property owners,
however, this is limited in its scope as it does not capture renters. It also
leaves a significant portion of the costs to still be covered by individuals.
Some states, including Victoria, have included additional rebates on top of the
Federal Government offered incentives.
In NSW, additional rebates have not been
offered - only limited feed-in tariffs and some concessions for those on very
low incomes. Some local councils including Randwick, have stepped in to offer
further rebates to help improve local uptake. There is a potential role for
Lane Cove Council here, in helping to increase the affordability and
accessibility of renewable energy in residential properties, and therefore
making it easier to reach our sustainability targets. Similarly, there are
opportunities for Council to increase the accessibility and affordability of
household water saving measures.
|
RECOMMENDATION
That
Council:-
1. Investigate the feasibility,
potential scope and cost of developing a home energy and water makeover
program for Lane Cove, including rebates for eligible residents (owners and
renters), with a view to including this in the delivery plan for 2023/2024
for items/services including;
a. Home energy assessment (provided by
Australian Energy Foundation);
b. Purchase/installation of rooftop
solar;
c. Purchase/installation of battery
storage;
d. Purchase/installation of electric
vehicle charging infrastructure;
e. Purchase/installation of an electric
heat pump or a rooftop solar hot water system for property and/or residential
pool; and
f. Purchase and professional
installation of insulation.
2. Investigate expanding the water
efficiency program to residential properties (in addition to strata
buildings). Contact Sydney Water about promoting uptake of WaterFix
Residential, within Lane Cove;
3. Contact other councils such as
Randwick City Council, Willoughby Council and others, to discuss how they
have implemented their renewable rebate program, and to determine the
effectiveness and uptake of rebate and renewable programs to date; and
4. Provide a report back to the corporate planning
weekend in early 2023 on items 1-3.
|
Councillor Rochelle Flood
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion -
Opposing Bus Privatisation in Lane Cove
Subject: Notice
of Motion - Opposing Bus Privatisation in Lane Cove
Record No: SU5856 - 69826/22
Division: Lane
Cove Council
Author(s): Councillor
Rochelle Flood
Executive Summary
This report expresses concerns of the
negative impact of bus privatisation in Lane Cove.
Discussion
In January this year, Busways took over the
region 7 buses (including those servicing Lane Cove). While assurances were
given at the time of the take-over, that the outsourcing of the bus routes
would not result in diminished services, it has become apparent that services
are suffering.
Residents are reporting significant delays
and extensive service cancellations, including routes into and from the city -
through to Lane Cove West. In September, the NSW Legislative Council Inquiry
into the privatisation of bus services, handed down its report. This report
found the privatisation of bus services had “created an incentive for
private companies to sacrifice the needs of more vulnerable people in order to
cut costs”. The privatisation has also resulted in “more
limited service delivery, higher costs for passengers and worse pay and
conditions for bus drivers.”
Submissions made to the inquiry detail the
impact of the privatisation on region 7, including decreased and cancelled
services, alongside staffing shortages on buses (resulting from worsening
employment conditions following privatisation). Importantly, this committee
inquiry handed down a recommendation, calling on the NSW Government to consider
reversing the privatisation of contract regions 6, 7, 8, and 9.
|
RECOMMENDATION
That
Council:-
1. Write to the NSW Minister for
Transport, David Elliott, and Member for Lane Cove, Anthony Roberts:-
a. Expressing concerns about the
negative impact of bus privatisation in Lane Cove on services for residents;
and
b. Endorsing the recommendation of the
Legislative Council Inquiry into bus privatisation, to reverse the
privatisation of Sydney metropolitan busses (including region 7).
2. Establish a reporting mechanism on the
council website for local residents to lodge complaints about cancelled
and/or significantly delayed bus services in Lane Cove. Collate this
information to share with Transport for NSW, the transport minister and other
relevant stakeholders.
|
Councillor Rochelle Flood
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion - Car
Free Sunday
Subject: Notice
of Motion - Car Free Sunday
Record No: SU3040 - 69829/22
Division: Lane
Cove Council
Author(s): Councillor
Kathy Bryla; Councillor David Roenfeldt; Councillor Andrew Zbik
Executive Summary
This Notice of Motion recommends Council to research the
approach of instigating a car free day in Lane Cove in September 2023.
Background
Air pollutant emissions from vehicles are a
major factor in respiratory illness, cardiovascular disease and even cancer,
with poor air quality causing an estimated 3.5 million premature deaths a year
worldwide. According to the Climate Council, transport is Australia's third
largest source of greenhouse gas emissions, with cars accounting for around
half of the country's transport emissions. Every year, on the 22nd of September
the world marks Car Free Day, to mark the importance of a clean environment. On
this day people are encouraged to not drive just by themselves in their cars
and instead use public transport, join a carpool, ride a bicycle or walk.
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RECOMMENDATION
That:-
1. Lane
Cove Council research the approach of instigating car free day in September
2023; and
2. Council
to include in the agenda at the Council Operational and Planning workshop in
February 2023.
|
Councillor Kathy Bryla
Councillor
Councillor David Roenfeldt
Councillor
Councillor Andrew Zbik
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion - Car Boot
Community Market
Subject: Notice
of Motion - Car Boot Community Market
Record No: SU3040 - 69832/22
Division: Lane
Cove Council
Author(s): Councillor
Kathy Bryla
Executive Summary
This Notice of Motion asks Council to investigate the viability and logistics of holding a quarterly “car boot
market” in a Council space.
Background
The aim is for communities to work towards
a circular economy, where recycling and waste reduction becomes our normal.
These markets encourage communities to sell unwanted goods rather than sending
them to landfill or placing the strain on charity organisations who end up
sending oversupply to landfill offshore. It is becoming a popular marketplace
with communities in Avalon, Narrabeen, Riverwood and Lismore.
|
RECOMMENDATION
That:-
1. Council investigate the viability and logistics of holding a
quarterly “car boot market” in a Council space;
2. Council to add to the agenda to the Council Operational and
Planning workshop in February 2023 budget; and
3. Council
to present final report and results to a Council Ordinary Meeting in the
first quarter 2023 or as otherwise agreed at the Operational and Planning
workshop.
|
Councillor Kathy Bryla
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion - Soft
Plastic Waste Solution
Subject: Notice
of Motion - Soft Plastic Waste Solution
Record No: SU4595 - 69834/22
Division: Lane
Cove Council
Author(s): Councillor
Kathy Bryla; Councillor Bridget Kennedy
Executive Summary
This Notice of Motion recommends Council investigate a soft
plastic recycling program.
Background
For a number of years REDCYCLE have been
contracted to Coles and Woolworths to provide soft plastic collection until
early November. Australia leads the world in plastic use with an average of
almost 3000 pieces per person each year (Australian National Data). We must
continue to advocate for the illumination of single use plastic but in the
meantime since the close of REDCYCLE’s contract with the major
supermarkets, find options to save soft plastic waste from landfill. There are
smaller recycling programs one of which is Curby (Curbyit.com) which operates
in four councils in NSW: Central Coast, Willoughby, Mosman and City of
Newcastle. In addition, Hornsby and Albury council have made arrangements for
recycling their soft use plastic, Hornsby at a drop off point at The Thornleigh
Community Recycling Centre for their residents and Albury in a trial with
Halfwaste (https://halvewaste.com.au/ soft-plastic-trial/).
|
RECOMMENDATION
That:-
1. Council contact Curby to discuss Lane Cove council adopting soft
plastic recycling with their program;
2. Council contact Hornsby and Albury councils to discuss how they
have organised soft plastic recycling options for their community;
3. Council review our soft plastic recycling options as researched in
items 1 and 2 above and our single use plastic illumination strategy and
place as an item agenda for discussion when updating the 2023/24 Delivery and
Operation plan in February next year; and
4. Council
report back to the February 2023 Council Meeting in regard to the findings
from items 1 and 2 above.
|
Councillor Kathy Bryla
Councillor
Councillor Bridget Kennedy
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion -
Bushland Trees Illegal Poisoning and Removal
Subject: Notice
of Motion - Bushland Trees Illegal Poisoning and Removal
Record No: SU6209 - 69861/22
Division: Lane
Cove Council
Author(s): Councillor
Kathy Bryla; Councillor Bridget Kennedy
Executive Summary
This Notice of Motion aims to address the escalation in the
number and severity of bushland trees being killed in Lane Cove.
Background
Since 2019 there has been an escalation in
the number and severity of bushland trees being killed by those other than our
official arborist approved council means. The impact is leaving large gaps in
our natural bushland in certain locations.
One such location is the bushland at
Tambourine Bay Reserve. The trees killed by unknown persons since 2019 are: 30
– 40 Pittosporum undulatum (Sweet Pittosporum), 7 Angophora
costata (Sydney Red Gum), 2 Ceratopetalum gummiferum (Christmas
Bush), 2 Ficus sp. (Fig Tree).
As the council team have informed me, the
poisoning of these trees could negatively affect the health of the remaining
trees. A concentration of dead trees compromises the structural resilience of
the surrounding vegetation which makes the area more vulnerable to damage by
storms. Dead trees do not absorb excess water, nor do they provide effective
windbreaks during severe weather. Sudden removal of trees, while providing
opportunities for colonising species like the Omalanthus populifolius (Bleeding
Heart), could adversely affect the remaining mature trees’ ability to
process nutrients and minerals. Forest species have a symbiotic relationship
with each other which is sometimes referred to as the ‘Wood Wide
Web’. There is a good explanation of this emerging concept from the ABC
at https://www.abc.net.au/news/science/
2022-08-03/trees-and-fungi-how-they-communicate/101276836.
In the past there have also been poisonings
in Manns Point, Woodford Bay Reserve, Holloway Reserve and Shell Park. These
actions of tree killing are not only destructive and illegal but rob our next
generations of the benefits of the nature bushland. Our council team are
working hard and tirelessly to try to stop this form of vandalism but are
fighting a tough battle. This motion recognises the council teams passionate
and dedicated efforts to protect and save the bushland trees.
|
RECOMMENDATION
That:-
1. Council
write to Kylea Tink, Federal Member for North Sydney, to invite her to walk
through the Tambourine Bay Reserve and observe firsthand with our council
team the destruction to this
area. Subsequently to talk about possible federal action that could be
advocated for to address the vandalism and destruction of our native
bushland;
2. Council
write to Anthony Roberts, Local State Member, to invite him to walk through
the Tambourine Bay Reserve and observe firsthand with our council team the
destruction to this area. Subsequently write to Anthony Roberts to ask for
state action to raise the fines for tree vandalism and also seek suggestions
for further actions that aim to combat the vandalism of our native bushland;
3. Council
to raise this concern at NSROC meeting in first quarter 2023; and
4. Council
to review what will be needed to raise the profile of this issue at the
Council Operational and Planning workshop in February 2023.
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Councillor Kathy Bryla
Councillor
Councillor Bridget Kennedy
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Notice of Motion - Operation
of St Leonards South LEP Site Consolidation Clause
Subject: Notice
of Motion - Operation of St Leonards South LEP Site Consolidation
Clause
Record No: SU6338 - 70578/22
Division: Lane
Cove Council
Author(s): Councillor
Merri Southwood
Executive Summary
This Notice of Motion requests for Council to receive a
report in relation to Clause 4.6(8) (cb) in the St Leonards South LEP.
Discussion
The St Leonards South Master Plan (SLS
Plan) was a re-zoning proposal initiated and managed by Council.
On 20 May 2020 Council voted to adopt
amendments to the Lane Cove Local Environmental Plan 2009 (LEP) to implement
the SLS Plan.
Incentive Height and Floor Space Ratio
(FSR) provisions were specifically included in the LEP to prevent applicants
from making application for Clause 4.6 variations in respect of these controls.
The incentives also include a requirement to achieve the preferred site
consolidation pattern and minimum site area. Despite not being included in the
LEP exhibition, the final LEP includes at Clause 4.6 (8)(cb), a provision that
does not preclude an applicant from seeking a variation to minimum site area
for a development.
The recent Development Application for
areas 1,2 and 4, has seen the first use of this clause. It is important that
the history of its inclusion, its interaction with the applicable LEP FSR
control and how the provision operates in terms of assessment of any
Development Application is widely understood.
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RECOMMENDATION
That
Council receive a report in relation to the history of the inclusion of Clause 4.6(8) (cb) in the LEP, its interaction with
the LEP FSR and how the provision operates in terms of assessment of any
Development Application.
|
Councillor Merri Southwood
Councillor
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
2024 Local Government
Elections
Subject: 2024 Local Government Elections
Record No: SU9089 - 66485/22
Division: Corporate Services
Division
Author(s): Stephen
Golding
Executive Summary
The next Ordinary
Election of Council will be held in September 2024. Pursuant to section 296AA
of the Local Government Act 1993 (NSW) (“the Act”) all NSW councils
are required to determine arrangements for the conduct of the 2024 Local
Government Elections by 13 March 2023. Councils must resolve whether to
administer their own elections or appoint the NSW Electoral Commissioner
(NSWEC) to conduct the election.
Background
Lane Cove Council entered into an election arrangement NSW Electoral
Commissioner (NSWEC) to administer the 2021 Local government election for Lane
Cove Council, including polls and constitutional referenda. It must be noted
that with the new preference counting rules that come into effect from
the last election no longer allows for manual counting of votes as specialist
software is required that effectively precludes Council from conducting its own
election. It is recommended that Council engage the NSW
Electoral Commissioner to conduct the election.
Discussion
The NSWEC is the dominant provider of
election services in a highly concentrated market, with just one other private
provider being the Australian Election Company. Its dominance is
reinforced by government ownership and its position as sole provider of
electoral services to the NSW Government. The market for private
commercial providers is limited in that their customer base is restricted to
local government, companies, clubs, and associations with no access to State
and Federal markets. Furthermore, the potential for business is further limited
by the periodic four (4) year Local Government Election cycle.
The Act, Section 296AA, (1) (a) allows for
Council to enter into an arrangement with the Electoral Commissioner, by
contract or otherwise, for the Electoral Commissioner to administer elections
of the council.
Therefore, the engagement of the NSW
Electoral Commission complies with the Act and presents the lowest risk to
Council in terms of transparency, independence, and impact of staffing
resources.
Council will have sufficient funds in its
Election Reserve to meet the anticipated costs associated with the NSW
Electoral Commission managing the 2024 Local Government Election.
Conclusion
Council must
resolve by 13 March 2023 whether to engage the NSW Electoral Commission (NSWEC)
to conduct its 2024 local government election or that the elections of the
council are to be administered by an electoral services provider engaged by the
council.
|
RECOMMENDATION
That:-
1. The
report be received and noted; and
2. Pursuant
to Section 296AA. (1) (a) of the Local Government Act 1993 (NSW) (“the
Act”) that an election arrangement be entered into by contract for the
Electoral Commissioner to administer all elections of the Council with
respect to the 2024 Local Government Elections.
|
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Sport and Recreation
Facility - December Progress Update
Subject: Sport and Recreation Facility - December Progress Update
Record No: SU7396 - 69804/22
Division: General Managers
Unit
Author(s): Craig
Wrightson; David Stevens
Executive Summary
This report provides an update in relation to the Sport and
Recreation Facility project. In summary the Development Application has been
lodged for the eight court option. Council has been successful in obtaining a
$5 million grant for the project and Council's $10 million loan has been
approved with a 50% interest rate subsidy. Council has also commenced planning
for the 18 month period which the golf course will be impacted during the
construction programme. With the lodgement of the Development Application
Council is in a position not to acquire the property at 194 River Road,
Northwood. It is recommended the report be received and noted.
Background
Council at its meeting of 27 October 2022,
resolved 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 sustainable building that aligns with good
practice design principles of local and international environmental standards
as specified by consultants Steensen & Varming;
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 a sustainable building that aligns with
good practice design principles of local and international environmental
standards as specified by consultants Steensen & Varming;
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; and
8. Program in at least one further community workshop similar
to the Bob Campbell Oval session in particular for the program spaces during
the Detailed design phase.
This report provides an update on progress
since 27 October 2022.
Discussion
Council is currently progressing the
project in line with the following timetable:-
|
Activity
|
Council Res. Req’d
|
Start
|
Finish
|
Status
|
|
Selection of preferred option and
Community Consultation ‘Fine Tuning’ Concept Design
|
Yes
|
Aug-22
|
Sep-22
|
Complete
|
|
Approval for DA Lodgement
|
Yes
|
Oct-22
|
Oct-22
|
Complete
|
|
Development Application Assessment Period
|
|
Nov-22
|
Mar-23
|
In Progress
|
|
Design documentation to 90% - The Canopy
Delivery Model
|
|
Nov-22
|
Mar-23
|
|
|
Tender Specification and Draft Contract
preparation
|
|
Feb-23
|
Mar-23
|
|
|
Status Report to Council – Proceed
to Tender/RFQ
|
Yes
|
Mar-23
|
Mar-23
|
|
|
Tender/RFQ Period 1 - Demolition and
Sediment Control
|
|
Mar-23
|
April-23
|
|
|
Tender/RFQ Award 1 - Demolition and
Sediment Control
|
|
Apr-23
|
Apr-23
|
|
|
Tender Period 1 - Construction
|
|
Apr-23
|
May-23
|
|
|
Tender Evaluation, Tender Award 1 -
Construction
|
Yes
|
Apr-23
|
Jun-23
|
|
|
Work Commencement - Demolition and
Sediment Control
|
|
Jun-23
|
Jun-23
|
|
|
Detailed Site Investigation Stage 2 and
Clearance
|
|
Jul-23
|
Jul-23
|
|
|
Work Commencement - Construction
|
|
Aug-23
|
Jan-25
|
|
|
Commissioning
|
|
Feb-25
|
Mar-25
|
|
|
Opening
|
|
Apr-25
|
|
|
Lodgment of a Development Application
In line with the project timeframe a Development Application
was lodged on 29 November 2022 for the new revised 8 court layout. The
Development Application exhibition process commenced on 30 November 2022 and
will run through to 13 January 2023. Key aspects to the project include:-
· Demolition
and site preparation works;
· Lot
consolidation and amalgamation;
· Construction
of two (and part three-storey/mezzanine) multi-purpose sport facility
comprising 6,800m2 of GFA apportioned to the following uses:
§ - 3,221m2 of indoor sports hall (4
courts);
§ - 277m2 Bistro (including
additional 204m2 for outdoor seating);
§ - 654m2 of multipurpose space
shared between 4 rooms;
§ -
118m2 of lounge space and 64m2 of office space;
· Construction
of four new outdoor multi-purpose courts (3,665m2 GFA);
· Lower
ground parking level with 248 parking spaces including 6 accessible parking
spaces, plus 12 bicycle parking spaces and 16 motorbike parking spaces; and
· Landscaping
works including extensive tree planting, which exceeds councils 2:1 tree
replacement commitment. A total of 226 trees are proposed to be planted to compensate
canopy loss (79 trees to be removed) and enhance biodiversity of the proposed
development.
With the lodgement of the Development Application it is
proposed to formally resolve that Council indicates it does not wish to acquire
the property at 194 River Road, Northwood, which was required for the Northwood
Roundabout that has been abandoned.
NSW Government’s
Multi-Sport Community Facility Fund
Council has been advised that it
was successful in obtaining a $5 million grant for the project under the NSW
Government Multi Sport Community Facility grants program. As previously
reported to Council, this grant program requires construction to commence by 1
July 2023 and be completed by December 2025. The project timetable outlined
above provides a pathway for this to occur, with an estimated construction time
of 18 months commencing in June 2023.
NSW Government’s
Low-Cost Loans Initiative
Also, as part of the funding
strategy for the project, Council has been successful in obtaining approval for
a T-Corp $10M, 10 Year fixed rate loan, with the actual rate aligned to the
draw down date. It is anticipated the rate will be circa 4.6% fixed.
Council made a further application under the NSW Government
Low-Cost Loan Initiative and was successful in obtaining a
grant of an additional $599,701, for an increased interest rate subsidy, with
the total subsidy now up to $1,414,040. This returns Council’s interest
rate subsidy to 50% of the 10 Year fixed rate, circa net 2.3%. Formal
documentation supporting the interest subsidy commitment is expected from the
Department of Planning and Environment in the coming days.
Interim
Arrangements for the Lane Cove Golf Course during the Construction Period
Council’s
Sport and Recreation Precinct Advisory Committee (AT-1) met on and
discussed the following options during the construction period:-
1. Retain
a fully operational Golf course with a modified 9 hole layout;
2. Retain
a limited operation Golf course with a less than 9 hole layout; and
3. Not
operate a golf course, maintain the general course condition to minimise
reactivation costs post construction and allow general community access in the
interim.
The construction program will see the
course impacted for 18 months and therefore all three options are under
consideration. The Committee will meet again early in 2023 to consider the
relative strengths and weaknesses of each option. A key issue will be provision
of suitable temporary parking should Options 1 and 2 be pursued. The Golf Club
representatives on the Committee will consider this in developing a temporary
alternate golf course layout concept for discussion.
Conclusion
The development
application has been lodged with the consultation period occurring between 30
November 2022 and 13 January 2023. It is also proposed not to acquire the
property at 194 River Road, Northwood as it is no longer needed due to changes
with access to the site. Partial funding for the program has also been approved
via a successful grant application and a loan from T-Corp. Further progress
updates will be reported to Council in due course.
|
RECOMMENDATION
That:-
1. the
report be received and noted; and
2. Council
not proceed with the acquisition of the property at 194 River Road, Lane
Cove.
|
Craig Wrightson
General Manager
General Managers Unit
ATTACHMENTS:
|
AT‑1 View
|
DRAFT Recreation Precinct Advisory Meeting Minutes - 22
November 2022
|
3 Pages
|
Available Electronically
|
Ordinary Council Meeting 08 December 2022
Proposed Partial Road Closure
- Berry Lane
Subject: Proposed Partial Road Closure - Berry Lane
Record No: SU8525 - 70232/22
Division: General Managers
Unit
Author(s): David
Stevens
Executive Summary
This
report recommends commencement of the partial closure of Berry Lane, St
Leonards at the southern end to facilitate the proposed residential flat
building(s) for development in Area’s 22 and 23 in the St Leonards South
Precinct. Part C “Residential
Localities” Locality 8 of Council’s Development Control Plan (DCP),
states “Close Berry Lane and incorporate into development sites, with
equivalent area dedicated to Council along the Park Road frontage” and,
“Provide interim connections to maintain function of Berry Lane in a
coordinated manner until fully developed” (AT-1). Division 3 of
Part 4 of the Roads Act 1993 (Roads Act) sets out the procedures
for the closing of council public roads by councils. The process includes,
inter alia, the requirement for community consultation. This report outlines
the proposed consultation process for the proposed partial closure of Berry
Lane and endorsement that subject to the partial closure proceeding, it
is Council’s intention to undertake a land swap in respect of Area 22
(for the equivalent land on the Park Road frontage), and land sale in respect
of that part of Berry Lane located within Area 23 at market value.
Background
Council’s DCP has
mandated several planning-related actions within Locality 8 (St Leonards South
Precinct) for new connections, infrastructure, services, open space and the
like (AT-2). Council’s Development Control
Plan (DCP), Part C “Residential Localities”, Locality 8, Section 5
-Access, states “Close Berry Lane and incorporate into development sites,
with equivalent area dedicated to Council along the Park Road frontage” (AT-1).
Per the DCP, Area’s 21, 22
and 23 within the LEP require the existing Berry Lane for integration into the
proposed development.
The DCP outlines that
the developer will undertake a land swap of the Lane area with the developer in
exchange for dedicating an equal amount of land along the Park Road frontage.
While a land swap is possible for Area 22, in the case of Area 23, it is not
possible to dedicate an equal amount of land along the Park Road frontage, and
therefore the developer would need to purchase the land.
Discussion
Council has confirmed that the area of road
proposed to be closed represents a council public road that has formally been
dedicated to Council and constitutes a council public road for the purposes of
making an application for road closure pursuant to Division 3 of Part 4 of the
Roads Act 1993. The land on closure ceases to be public road and becomes
freehold Operational Land, allowing it to be sold if Council determine to do
so.
The first step in the process of road
closure is to ensure that the Council is entitled to close the road having
regard for the criteria set out in s 38A of the Roads Act which provides that the Council may close
the road if it is satisfied that the road is not reasonably required as a road
for public use (whether for present or future needs; the road is not required
to provide continuity for an existing road network; and if the road provides
vehicular access to a particular land, another public road provides lawful and
reasonably practicable vehicular access to that land. These criteria are noted
as being satisfied in this instance.
The next step in the
road closure process is the requirement for public notification in accordance
with s 38B of the Roads Act and subsequent consideration of submissions
pursuant to s 38C of the Roads Act prior to a decision being made on the
proposed road closure by Council after having considered submissions pursuant
to s 38D of the Roads Act.
The developer of Areas 22 and 23 has
requested Council commence the partial Road Closure process for the southern
end of Berry Lane.
As Berry Lane is actively used to access
rear to property garages and for the collection of garbage, it is proposed to
only seek to close the southern end of the Lane, from 26 Park Road / 27 Berry
Road to the intersection of River Road. If the closure proceeds, it is
incumbent upon Council (and developer) to provide interim connections and
services until the northern end of Berry Lane no longer requires access. To
this end, should the partial closure proceed, the developer has proposed a
traffic turning solution (“hammerhead design”) enabling vehicles
including waste vehicles to safely turn after collecting waste before
ultimately exiting the northern end of Berry Lane during the construction phase
for Areas 22 and 23.
As outlined above, for Area 23 it will not
be possible to swap the Lane land for an increased setback to Park Road as the
DCP has only a 4m setback to Park Road to provide a wider ‘Green
Spine’ and improved solar access to the new dwellings. Subject to the
road closure proceeding it will be necessary for the developer to purchase the
land from Council. The transfer of Berry Lane between the developer and Council
will occur on commercial terms based upon a fair market valuation undertaken by
a qualified and accredited property valuer.
The
relevant sections of the Roads Act 1993 to commence the closure
process are as follows:-
38A When
council may close council public road
A council may propose the
closure of a council public road for which it is the roads authority if—
(a) the
road is not reasonably required as a road for public use (whether for present
or future needs), and
(b) the
road is not required to provide continuity for an existing road network, and
(c) if
the road provides a means of vehicular access to particular land, another
public road provides lawful and reasonably practicable vehicular access to that
land.
38B Notification
of proposal to close council public road
(1) A
council that is proposing to close a council public road must cause notice of
the proposal—
(a) to
be published in a local newspaper, and
(b) to
be given to—
(i) all owners of
land adjoining the road, and
(ii) all notifiable
authorities, and
(iii) any other
person (or class of person) prescribed by the regulations.
(2) The
notice—
(a) must
identify the road that is proposed to be closed, and
(b) must
state that any person is entitled to make submissions to the council with
respect to the closing of the road, and
(c) must
indicate the manner in which, and the period (being at least 28 days) within
which, any such submission should be made.
38C Public
submissions and formal objections
(1) Any
person may make submissions to the council with respect to the closing of the
road in the manner and within the period specified in the notice published
under section 38B.
(2)
Without limiting subsection (1), a notifiable authority in relation to the road
may include a statement in the authority’s submission to the effect that
the authority formally objects to the closing of the road. The authority may
withdraw the objection any time by written notice given to the council.
Community Consultation
Statement of Intent
The consultation is designed to inform
nearby residents and authorities of the proposed partial closure of Berry Lane,
St Leonards. Any comments received will be reviewed and evaluated to determine
whether or not to proceed with the partial closure of Berry Lane, St Leonards.
Method
|
Level of Participation
|
Consult
|
Consult
|
|
Form of Participation
|
Open
|
Targeted
|
|
Target Audience
|
Lane Cove Community and community groups
|
Berry Road, Park Road and adjoining
Pacfic Hwy property owners
Public Authorities
|
|
Proposed Medium
|
Public
Exhibition and
Website
Exhibition
eNewsletter
|
Notification
Letters
|
|
Indicative Timing
|
Late January 2023 for 6 weeks
|
Late January 2023 for 6 weeks
|
This is the first stage of two where upon
Council will replicate this process to close the northern end of Berry Lane in
proximity to Area 21, when access is no longer required.
Conclusion
Under the Lane Cove DCP, Council has proposed to “Close Berry
Lane and incorporate into
development sites, with equivalent area
dedicated to Council along the Park Road frontage”. Subject to the
partial closure of the southern end of Berry Lane proceeding, Council will seek
to undertake a land swap with the developer in respect of Area 22 (for the
equivalent land on the Park Road frontage), and land sale in respect of Area
23.
Craig Wrightson
General Manager
General Managers Unit
ATTACHMENTS:
|
AT‑1 View
|
Locality 8 DCP Access - St Leonards South
|
1 Page
|
Available Electronically
|
|
AT‑2 View
|
Locality 8 Map - New Connections - St Leonards South
|
1 Page
|
Available Electronically
|
Ordinary Council Meeting 08 December 2022
Traffic Committee -
November 2022
Subject: Traffic Committee - November 2022
Record No: SU1326 - 68998/22
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, 15 November 2022. The Agenda is included as AT-1. The
Traffic Committee recommendations are shown in the Minutes of the Meeting,
included as AT-2.
|
RECOMMENDATION
That Council adopts the recommendations
of the Lane Cove Traffic Committee Meeting held on Tuesday, 15 November 2022
|
Martin Terescenko
Executive Manager - Open Space and Urban Services
Open Space and Urban Services Division
ATTACHMENTS:
|
AT‑1 View
|
Agenda - Traffic Committee - November 2022
|
10 Pages
|
Available Electronically
|
|
AT‑2 View
|
Minutes - Traffic Committee - November 2022
|
5 Pages
|
Available Electronically
|
Ordinary Council Meeting 08 December 2022
Trial of On-Street
Electric Vehicle Chargers
Subject: Trial of On-Street Electric Vehicle Chargers
Record No: SU4595 - 69797/22
Division: Environmental
Services Division
Author(s): Bernadette
Riad
Executive Summary
The purpose of this report is to inform
Council of our intention to participate in an Australian
Renewable Energy Agency (ARENA) funded trial of
on-street electric vehicle (EV) chargers.
Announced on 30 August 2022 the trial will
be an Australian first, with the deployment
of 50 EV chargers installed on street side power poles to service EV owners
without off-street parking across New South Wales.
Council
has nominated a total of 13 sites across Lane Cove,
Greenwich, St Leonards, and Lane Cove North, 7 of which have been deemed
suitable. The final approval of these sites for inclusion in the trial is
expected to be confirmed early 2023 with installation to follow between April
and June.
Background
ARENA
awarded $871,000 in funding to Intellihub for the deployment of 50 pay for use
electric vehicle (EV) chargers on existing roadside power poles in August
2022.
With a
total value of $2.04 million, the 12-month trial will be delivered in partnership with a consortium of partners and
local councils. Schneider Electric
will provide the charging infrastructure, EVSE will be managing the charging
service, and Origin Energy will supply 100% GreenPower for the project.
Usage of the chargers and their impact on the electricity network will be monitored and will feed into the development of a technical, regulatory and
commercial blueprint for industry, councils and network providers to roll out
on-street charging using existing power pole infrastructure.
Discussion
The NSW Government’s EV Strategy
(2021) outlines one of the top 3 barriers to EV uptake as being charging
availability. With many of our residents living in units and apartment
complexes and unable to charge from home, the availability of public charge
stations can help increase the uptake of EVs in Lane Cove.
Council’s existing charging network
includes 17 EV charge stations in our car parks (15 owned by Council), with
another 6 to open in St Leonards in early 2023. With the addition of this new
project, there is the potential for 28 EV chargers to be publicly available in
the Lane Cove Local Government area. As can be seen in the table below, this is
a considerable offering compared to nearby councils.
|
Council
|
Number of Council provided Chargers
|
|
Ryde
|
5
|
|
Inner West
|
2
|
|
Ku-ring-gai
|
9
|
|
North Sydney
|
10
|
|
Randwick
|
9
|
|
Lane Cove
|
15 + 6 to open in St Leonards in early
2023
|
The rollout of on-street chargers across
the LGA will further improve accessibility to charging infrastructure for our
residents and visitors alike.
The
usage of GreenPower for the trial is also in line with Council’s
sustainability objectives and compliments our use of 100% GreenPower and the
renewable energy generated from the 438kW of solar installed on our
facilities. It is worth noting, that this local renewable generation is
also considerable when compared to that of neighbouring councils such as North
Sydney and Willoughby Council, who have a total installed capacity of 499kW and
400kW respectively.
Participation
in the trial is at no cost to Council, with Intellihub providing nominal
funding to assist with any line marking or parking signage. Parking at trial
sites to be limited to 2 hours to provide both adequate charge times and
turnover.
Council
has nominated a total of 13 sites across Lane Cove,
Greenwich, St Leonards, and Lane Cove North, 7 of which have been deemed
suitable:
1. 1a
Phoenix St, Lane Cove
2. 11
Little Street, Lane Cove
3. 180
Longueville Road, Lane Cove
4. 83
Greenwich Road, Greenwich
5. 4
Oxley Street, St Leonards
6. Cnr
Oxley and Nicholson Street, St Leonards
7. 20
Mindarie Street, Lane Cove North
Council will be suggesting additional sites
for consideration prior to the final approval of sites for inclusion in the
trial in early 2023. Waverley, Woollahra, Randwick, Inner West, Parramatta, Ryde, Mosman,
Northern Beaches, Lake Macquarie, and Singleton Councils are also in
discussions for site nominations.
At the end of the trial, participating
Councils have the option to either; appoint Intellihub to continue as the site
operator, appoint themselves or a third party as the site operator, or
terminate services.
|
RECOMMENDATION
That Council receive and note the
report.
|
Mark Brisby
Executive Manager
Environmental Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Blackman Park Skate Park
Update
Subject: Blackman Park Skate Park Update
Record No: SU8992 - 69154/22
Division: Open Space and
Urban Services Division
Author(s): Helen
Haigh
Executive Summary
At the Council meeting in September 2021 Council endorsed
the investigation for the expansion of the Skate Park at Blackman Park.
Council engaged consultants - Convic to carry out the
investigation into upgrading the Skate Park, including drawing up a concept
design for community consultation. This report is an update on the progress to
date.
Background
At the Council meeting held on 20 September 2021 Council
endorsed the investigation for the expansion of the Skate Park at Blackman
Park.
The report noted:
“The
2020 Tokyo summer Olympics saw the debut of a number of new, non-traditional
sports. One of these sports being skateboarding. This sport had competitions in
both men’s and women’s and offered two different types of contests,
park and street. The sport attracted skaters from over 18 different countries.
The average
age of the women's skateboarding medalists was just over 14 years old;
four women aged 16 or younger, including a 12-year-old, who won a medal.
In the men’s park, Australia won the men’s finalist.
World Skate
announced that skateboarding has been officially confirmed as part of
the Paris 2024 Olympic Games program.”
The 2022/23 – 2024/25 Delivery
Program and 2022/23 Operational Plan includes the following action in
response:-
“1.4.2.c
Investigate opportunities to upgrade the Blackman Park Skate Park.”
Discussion
Pre-Design Community Workshops
The first phase of the project was to carry
out community workshops. Two (2) workshops were held on Wednesday 26 October.
At the workshops Convic were able to gain an insight into how the community
currently use the skate park and what community would like to see in a new
skate park.
To help inform what to include in the new
design the participants were shown what skate parks are located nearby. They
were also shown images of the different skate park elements/styles of skating
to choose from: street and plaza, bowl and transition. Consideration was also
given to differing skill level, other users (e.g. scooters), themes and
identity and other amenities (e.g. bubblers, seating). Convic collected
the information via a questionnaire and are now preparing a draft concept
design.
A number of people unable to attend the
workshop were sent the questionnaire electronically to complete.
A Pre-Design Consultation Summary Report is
attached at AT-1.
Project Steps
The next steps involve Convic drafting a
concept plan for a second round of community consultation in early 2023.
Phase 1
– Project conception and pre-design consultation (complete)
· Pre-design
workshops (x2)
Phase 2
– Concept design
· Draft
concept design
· Draft
concept design consultation
· Final
concept design
Phase 3
– Detailed design
90% detailed design for construction
Conclusion
Councils consultant – Convic have
carried out phase 1, pre-design workshops, of the investigation into the
upgrade of the Blackman Park Skate Park. The second phase, draft concept plans,
are currently being prepared and will be ready for community consultation early
2023.
|
RECOMMENDATION
That Council receive and note the
report.
|
Martin Terescenko
Executive Manager - Open Space and Urban Services
Open Space and Urban Services Division
ATTACHMENTS:
|
AT‑1 View
|
Blackman Park Skate Park Pre-Design Consultation Summary
Report
|
18 Pages
|
Available Electronically
|
Ordinary Council Meeting 08 December 2022
Lane Cove Aquatic
Leisure Centre - Aquatic and Recreation Institute Award and their recent Royal
Lifesaving Australia Safety Audit.
Subject: Lane Cove Aquatic Leisure Centre - Aquatic and Recreation Institute
Award and their recent Royal Lifesaving Australia Safety Audit.
Record No: SU2706 - 69590/22
Division: Human Services
Division
Author(s): Jane
Gornall
Executive Summary
Lane Cove Aquatic Leisure
Centre has won the 2022 AH Pierce Memorial Facility of the Year Award at the
recent Aquatic and Recreation Institute (ARI NSW) awards, recognising
excellence across the NSW aquatic and recreation sector.
The AH
Pierce Memorial Facility of the Year award is an Australia wide Award which
recognises facilities that have implemented best practice processes and provide
quality service to its community.
In addition to the recent Award win,
Bluefit also had a Royal Lifesaving Saving Australia Safety Audit of the Centre
achieving a high score of 93%. The age of the facility was a factor in
not scoring higher including the fact that the concourse widths in the indoor
pool area no longer meet the required current standards needing to be over two metres
wide and the ramps no longer comply with the current standards.
It is recommended that Council write to
Bluefit and congratulate them on winning the 2022 AH Pierce Memorial Facility of the Year Award at the
recent Aquatic and Recreation Institute (ARI NSW) awards, which recognises
excellence across the NSW aquatic and recreation sector and also congratulate
them on the recent Royal Lifesaving Australia Safety
Audit result.
Background
Bluefit has managed the Aquatic Centre at
Lane Cove since 2007 and was the first Centre that Bluefit managed. Todd
McHardy, CEO of Bluefit had previously been at the Centre since as part of the
John Nicholas and Associated who had managed the Indoor Pool since its opening
in 2001.
Like many service industries COVID had a
large impact on the running of Aquatic Centres with some Department of Health
mandated closures. Council and Bluefit have worked together over this
time to ensure that when re-opened the Centre will continue to meet community
needs.
Discussion
There has been a swimming
pool on the current Lane Cove site since the 1960’s. Since that time the
swimming pool complex have been through a number of upgrades, including the
building of the Indoor complex which opened in 2001, renovations which enlarged
the gym, added a new entrance and redesigned the existing entrance and in
2020 with the replacement of the 50 metre pool and grandstand. Bluefit
have been on site since 2007.
With the North Sydney
Olympic Pool closed for major renovations and works pending at Willoughby
Leisure Centre, the Lane Cove Aquatic Leisure Centre (LCALC) is currently
serving a wider community than normal while also hosting the Lane Cove Swim
Club and being the location for more than 5,000 swim lessons per week with
enrolments of 3,000 children in the Learn to Swim program.
In the period July to
October 2022, there have been 295,156 visitors to the Centre.
Welcoming the ARI Award,
BlueFit Chief Executive, Todd McHardy stated "we are thrilled that Lane
Cove Aquatic’s dedication to its customers, strong leadership team and
its commitment to the local community have been recognised.
“The partnership with
the Lane Cove Council has been the template for how to deal with COVID impacts
and challenges on utility pricing.
The local team has done an
outstanding job in the face of extreme challenges. Facility Manager Scott Luff
works tirelessly to live out the BlueFit values of community, safety,
transparency, quality, innovation and partnership."
As noted above, the Centre
has also recently scored 93% in its most recent Royal Lifesaving Saving
Australia Safety Audit. The Audits have traditionally been done annually
but COVID has meant that Royal Life have not had the staffing available to
undertake the survey until recently.
The survey which looks at all aspects of
the facility and is targeted at providing best practice guidance in aquatic
risk management to reduce the occurrence and seriousness of incidents in
aquatic locations.
The survey includes assessing health and
safety systems; First Aid preparedness; the safety and operation of the plant
rooms; the signage, condition and operation of the pools – indoor and
outdoor, including the way that the pools are supervised and the programs.
Conclusion
Bluefit have managed the Lane Cove Aquatic
Leisure Centre since 2007, the recent Excellence Award and the outcome of the Royal Lifesaving Australia Safety Audit demonstrate that the Centre
is being operated in a highly professional and customer-focused manner.
|
RECOMMENDATION
That Council:-
1. Receive
and note the Report; and
2. Write
to Bluefit and congratulate them on winning the 2022
AH Pierce Memorial Facility of the Year Award at the recent Aquatic and
Recreation Institute (ARI NSW) awards, which recognises excellence across the
NSW aquatic and recreation sector and also congratulate them on the recent Royal
Lifesaving Australia Safety Audit result.
|
Jane Gornall
Executive Manager - Human Services
Human Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Replacement Dog Advisory
Committee Member
Subject: Replacement
Dog Advisory Committee Member
Record No: SU827 - 69366/22
Division: Open
Space and Urban Services Division
Author(s): Helen
Haigh
Executive Summary
This report recommends that Council endorse the appointment
of the new nominee for the representation of the community representative
vacant position.
Nominations for the Community Dog Advisory Committee was
endorsed at the September Council meeting. One of the community representatives
- One (1) local dog owner from the veterinary
profession positions has since resigned.
A new nominee has been selected.
Background
The Representative Nominations for the Community Dog
Advisory Committee was put forth for consideration at the Monday, 18 August
2022 Ordinary Council meeting, however due to a lack of Quorum the matter could
not be voted upon and was therefore postponed until the September Ordinary
Council meeting.
At the Ordinary Council meeting on Thursday, 29 September
2022, Council endorsed the representatives for the Dog Advisory Committee
Discussion
Council was advised in October 2022 that Vanessa Walker has
resigned from the position ‘local dog owner
from the veterinary profession’. Following a review of the
applicants’ skills, experience, and interests of the original nominees
for the Dog Advisory Committee, the Council
Selection Committee recommended that Tanya Phillips be appointed ‘local dog owner from the veterinary profession’ on
the Dog Advisory Committee.
|
RECOMMENDATION
That Council:-
1. Note
Vanessa Walker has resigned from the Dog Advisory Committee;
2. Endorse
Tanya Phillips as the community representative from the
local veterinary profession; and
3. Advise the nominee of its decision.
|
Martin Terescenko
Executive Manager - Open Space and Urban Services
Open Space and Urban Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Delegation of Authority
to the General Manager
Subject: Delegation of Authority to the General Manager
Record No: SU5070 - 5037/22
Division: Corporate Services
Division
Author(s): Stephen
Golding
Executive Summary
Section 380 of the Local Government Act (1993) requires
Council to review its delegations and make any changes considered appropriate
within 12 months after each ordinary election. It is recommended Council
endorse the existing delegations to the General Manager.
Discussion
In accordance with Section 377 (1) of the Local Government Act 1993, a
Council may, by resolution, delegate to the General Manager or any other person
or body (not including another employee of the Council) certain powers, duties and functions for the efficient
and effective management of the daily operations of the organisation.
This section also specifies those
matters, which cannot be delegated, but must be dealt with by Council.
In turn, the General Manager may sub delegate, any of the powers, duties and functions
of a General Manager, other than this power
of delegation, to any person or body, including another employee of the Council
(Section 378).
Council has previously resolved to delegate its functions,
as per the above, to the General Manager who in turn delegates functions to
designated staff. The General Manager's delegation
was last reviewed by Council at its meeting on 19 February 2018, at the commencement of the previous Council
term and it is not proposed to change the General Manager’s delegation.
The delegations are granted to the position of General
Manager, not the individual. Council has achieved a great deal of efficiency in
the day to day operation of the Council through the utilisation of delegated
authority. The General Manager's delegations to staff are regularly reviewed,
with the next review proposed for early 2023.
|
RECOMMENDATION
That Council pursuant to the
powers of delegation conferred to it by Section 377 and Section 381 of the
NSW Local Government Act, 1993, and pursuant to every other power it hereunto
enabling, Lane Cove Council, hereby delegates to the holder for the time
being of the office of General Manager the power to exercise all the
functions, powers, duties and authorities conferred upon the Council pursuant
to:-
1. The NSW Local
Government Act, 1993;
2. The
Environmental Planning & Assessment Act, 1979;
3. State Emergency & Rescue Management Act 1989;
4. All other Acts,
whatsoever under which Council has functions, powers, duties and authorities;
and
5. All
regulations, by-laws, rules and the like made by, or under any other Act
referred to in 1, 2, 3 or 4 above. Always subject to any resolution made from
time to time by Lane Cove Council and provided that such delegation of powers
shall not be deemed to be extended to:
i. Any of
the matters expressly reserved to the Council in Section 377 of the Local
Government Act, 1993;
ii. The
alteration of the meeting cycle of Council;
iii. The overview
and direction of business activities;
iv. The role of the
Mayor as provided for and determined under Section 226 of the Local
Government Act 1993;
v. Major unique
items where no policy, practice or code of the Council exists;
vi. Adoption of Local
Environmental Plans (other than where the relevant Minister has delegated
such authority to the General Manager), development control plans and S94
contribution plans pursuant to the Environmental Planning Assessment Act
1979;
vii. Adoption of
Council policies and codes;
viii. Items in respect of
which the Mayor or a Councillor has specifically requested the General
Manager, in writing, to place before Council for determination by Council;
ix. Items in respect of
which Council has specifically resolved that they be placed before Council;
x. The acceptance
of tenders which will have significance to the Lane Cove Community; and
xi. Write off debts
above $1,000.
|
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Delegation of Authority
During Christmas and Ordinary Council Meeting Recess
Subject: Delegation of Authority During Christmas and Ordinary Council
Meeting Recess
Record No: SU5070 - 52788/22
Division: Corporate Services
Division
Author(s): Emma
McLennan
Executive Summary
The purpose of this report is to delegate authority to a
Committee comprising of the Mayor and the General Manager to deal with urgent
matters arising during the Christmas and Ordinary Council Meeting recess.
Discussion
It is the normal practice to grant authority to the Mayor
and General Manager to determine any urgent matters which may arise during the
Christmas and Ordinary Council Meeting recess.
Section 226(d) of the Local Government Act 1993
provides that the role of Mayor includes: “(d) to exercise, in cases
of necessity, the policy-making functions of the governing body of the council
between meetings of the council”.
Section 377(1) of the Local Government Act 1993
provides that Council may: “…delegate to the
general manager or any other person or body (not including another employee of
the council) any of the functions of the council under this or any other
Act…” The exercise of this power is confined by a
list of matters that cannot be delegated. This has worked well in the past by
ensuring that the delegation is exercised in relation to urgent matters and
that Council’s policies will apply. Where no such policies exist,
appropriate caution will be exercised.
|
RECOMMENDATION
That Council, in accordance with Section 377 of the Local
Government Act 1993, appoint a Committee comprising of the Mayor and the
General Manager, or in their absence a delegate of the Mayor and/or the
person acting as General Manager, to deal with and determine, urgent matters
arising during the Christmas and Ordinary Council Meeting recess until 23
February 2023, in such cases applying Council’s policies, or where no
such policies exist, exercising appropriate caution.
|
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Review of Council's Code
of Conduct Policy
Subject: Review of Council's Code of Conduct Policy
Record No: SU836 - 50046/22
Division: Corporate Services
Division
Author(s): Emma
McLennan
Executive Summary
Council must, within 12 months
after each ordinary election, review its adopted Code of
Conduct and make such
adjustments as it considered appropriate and are consistent with the
Model Code of Conduct (section
440 Local Government Act 1993).
Council must adopt a Code of
Conduct that incorporates the provisions of the model Code of
Conduct made by the Office of
Local Government (OLG). A Code of Conduct has no effect to the extent that it
is inconsistent with the Model Code of Conduct in force at the time.
Councillors and staff must comply with the applicable
provisions of the Code of Conduct.
Background
Council revised
and adopted the Code of Conduct on 19 October 2020 in
accordance with the Model Code of Conduct for NSW Councils 2020. The Model Code of Conduct is prescribed to Council by the Office of
Local Government in accordance with the Local Government Act 1993
and Council is required to implement the Model Code of Conduct.
Discussion
The attached Code of Conduct (AT-1)
was adopted by Council on 19 October 2020 in response to changes made by the
OLG at the time. Since that time there have been no further changes proposed by
the Office of Local Government with respect to the Model Code of Conduct.
Similarly, Council officers are
of the opinion the adopted Code does not require amendments at this point in
time as the current adopted Code of Conduct continues to serve Council well in
terms of reinforcing general conduct obligations, dealing with conflicts of
interest, gifts and benefits, access to information and the use of council
resources. The Code is considered one of Council’s primary policy
documents and features in induction programs and corporate orientation days for
the benefit of Councillors, staff, volunteers, and advisory committee
members.
Should Councillors consider the
current adopted Code of Conduct requires amendment, then those amendments would
need to be considered in light of the Model Code of Conduct statutory
provisions and if deemed consistent with the Model Code of Conduct would then
require community consultation, in accordance with the Statement of Intent
outlined in the next section below.
It is also important to note
that Council has the opportunity, at any point in time during its term, to
review and propose amendments to the adopted Code of Conduct
document.
Community
Consultation
Statement of
Intent
The
consultation would be designed to provide the community with an opportunity to
provide input into Council’s adopted Code of Conduct October 2022 and any
proposed amendments of same. The consultation would take place for a period of
six (6) weeks and any comments received would be reviewed and evaluated to
determine whether any revisions would be necessary to the Code of Conduct
October 2022 document.
Method
|
Level of
Participation
|
Inform
|
Consult
|
|
Form of
Participation
|
- Website
- eNewsletter
|
- Written
Submissions
|
|
Target
Audience
|
Lane Cove
Community
|
Lane Cove
Community
|
Conclusion
The OLG has not released any proposed
amendments to the Code of Conduct since the adoption of Councils Code of
Conduct in October 2020. Similarly, Council Officers have reviewed the adopted
Code of Conduct October 2022 document and do not believe any amendments are
necessary at this point in time.
|
RECOMMENDATION
That Council endorse the
adopted Code of Conduct October 2020 document, without amendment.
|
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
ATTACHMENTS:
|
AT‑1 View
|
Code of Conduct (Adopted October 2020)
|
41 Pages
|
Available Electronically
|
Ordinary Council Meeting 08 December 2022
Schedule of Ordinary
Council Meetings for 2023
Subject: Schedule of Ordinary Council Meetings for 2023
Record No: SU1915 - 52740/22
Division: Corporate Services
Division
Author(s): Emma
McLennan
Executive Summary
Council is required to adopt its annual Ordinary Council
Meeting Schedule. It is recommended that the meeting schedule outlined below be
adopted.
Discussion
With respect to the Schedule of Ordinary Council Meetings
for 2023, the following dates are proposed:
· Thursday
23 February 2023
· Thursday
23 March 2023
· Thursday
20 April 2023
· Thursday
18 May 2023
· Thursday
22 June 2023
· Thursday
20 July 2023
· Thursday
24 August 2023
· Thursday
21 September 2023
· Thursday
19 October 2023
· Thursday
23 November 2023
· Thursday
07 December 2023
In preparing the proposed Schedule of Ordinary Council
Meetings for 2023, regard was had for designated public holidays and the timing
of the LGNSW Annual Conference which is typically held in late October each
year.
|
RECOMMENDATION
That Council adopt the proposed Ordinary Council Meeting
Schedule for 2023.
|
Steven Kludass
Executive Manager - Corporate Services
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this report.
Ordinary Council Meeting 08 December 2022
Council Snapshot
November 2022
Subject: Council Snapshot November 2022
Record No: SU1556 - 69759/22
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 November 2022. Some information
is not available due to the short timeframes arising from Council meeting
earlier in the month. The attached report includes a more detail
‘Resolution Tracker’ for items from the October Council Meeting
going forward.
|
RECOMMENDATION
That the report be received and noted.
|
Craig Wrightson
General Manager
General Managers Unit
ATTACHMENTS:
|
AT‑1 View
|
Council November Report
|
41 Pages
|
|
|
ATTACHMENT 1
|
Council November Report
|
