Agenda

Ordinary Council Meeting

23 February 2023

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 23 February 2023 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

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, 22 February 2023) 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 23 February 2023

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 - 8 DECEMBER 2022

Mayoral Minutes

2.       Mayoral Minute - St Ignatius' College Riverview Public Foreshore Access............................................................................................................................ 5

Orders Of The Day

Notices of Motion

3.       Notice of Motion - Acceptance of Invitiation of North Sydney Council to Join St Leonards/Crows Nest 2036 Plan - Cross LGA Border Working Party........................................................................................................... 7

Officer Reports for Determination

4.       Finalisation of Bob Campbell Oval Masterplan..................................... 10

5.       Conversion of the Council Chambers into a Multifunction Performance Space.............................................................................................. 17

6.       Consultation Results on the Draft Community Engagement Strategy......................................................................................................................................... 21

7.       Finalisation of Urban Forest Strategy...................................................... 23

8.       Disability Inclusion Action Plan..................................................................... 29

9.       Soft Plastic Recycling........................................................................................ 37

10.     Draft Social Media Policy.................................................................................. 41

11.     Draft Media Policy................................................................................................. 43

12.     Delivery Program and Operational Plan - 2022/23 Second Quarter Review.......................................................................................................................... 45

13.     2022/23 Budget - Second Quarter Review...................................................... 47

14.     Property Crime in the Lane Cove Local Government Area................ 49

15.     Draft Modern Slavery Prevention Policy................................................. 52

Officer Reports for Information

16.     Background to the St Leonards South LEP Site Consolidation Clause......................................................................................................................................... 54

17.     Council Snapshot January 2023....................................................................... 57

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

18.     Bushland Expansion program....................................................................... 122

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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.

Ordinary Council Meeting 23 February 2023

Mayoral Minute - St Ignatius' College Riverview Public Foreshore Access

Subject:          Mayoral Minute - St Ignatius' College Riverview Public Foreshore Access  

Record No: SU2600 - 8872/23

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik 

Discussion

On Thursday 9th February, the Executive Manager Open Space & Urban Services - Martin Terescenko and myself, met with the Principal of Saint Ignatius’ College Riverview, Dr. Paul Hine, and some members of the College’s Executive team.

The purpose of this Mayoral Minute is to provide an update to the community that Lane Cove Council and Saint Ignatius’ College Riverview are in discussions about what is appropriate to maintain public access to the foreshore across the Lane Cove River. 

We discussed the School's plans in regard to public access to their two campuses. In particular, we discussed and focused our conversations around public access to the foreshore. 

Upon meeting with representatives of the College, we can confirm the following:-

1.   The school has obligations under their duty of care to the students and boarders who live on both campuses to ensure that they are kept in a safe environment. This is the main legislative and regulatory reason why access is restricted to the grounds to members of the public without school related or wharf use purposes throughout the school term.

2.   The school confirmed that the fencing along Riverview Street and Tambourine Bay Road is in place to allow the hedges to mature, providing a landscaped perimeter to the school.

3.   The school will continue to provide access to the College’s grounds to members of the broader community during school holidays when students are not on campus. Members of the community are asked to be respectful of the grounds and observe signage at the gate entrances such as keeping clear of College buildings and facilities, keeping dogs on leads and tidying up after them etc.

4.   The school will be maintaining pedestrian access through the campus to the Riverview wharf for access to the ferry on the Lane Cove River. Signage will appear over the coming weeks to support community access to the wharf.

5.   The school and Council staff have agreed to work together to discuss how safe access can be provided to the foreshore for members of the community throughout the year, noting the need to balance the requirements of the school to protect and care for their students who are participating in their regular school functions and extracurricular activities.  

6.   A key point of note on the Foreshore walk was that the pathway was unstable and unidentifiable in some areas. The College is supportive of a meeting with Council to discuss how this could be improved.

7.   A major area of risk and concern from the College is that the Foreshore walk trail proceeds through the school’s rowing shed training area that is regularly occupied by students. The College is supportive of a meeting with Council to discuss further how risk can be minimised.

Council and the college also discussed Bushcare of the local bushland facing on to Tambourine Bay. 

A further meeting will be organised between Council staff and representatives of the College. 

On a personal note, I found the meeting very conductive and positive and we look forward to continuing to have a strong relationship with Saint Ignatius’ College Riverview.

RECOMMENDATION

That Council receive and note the Mayoral Minute.

Councillor Andrew Zbik

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 February 2023

Notice of Motion - Acceptance of Invitiation of North Sydney Council to Join St Leonards/Crows Nest 2036 Plan - Cross LGA Border Working Party

Subject:          Notice of Motion - Acceptance of Invitiation of North Sydney Council to Join St Leonards/Crows Nest 2036 Plan - Cross LGA Border Working Party  

Record No: SU6005 - 9291/23

Division:         Lane Cove Council

Author(s):      Councillor Merri Southwood; Councillor Bridget Kennedy 

Executive Summary

The St Leonards Crows Nest 2036 Plan (2036 Plan) requires the St Leonards Crows Nest Precinct to absorb significant increases in residential and commercial density.

The density prescribed in the 2036 Plan has generated demands for open space and recreational facilities that cannot be met by the North Sydney, Willoughby and Lane Cove LGAs in isolation.

It is timely for the three LGAs to identify and address the needs of the whole of St Leonards and Crows Nest as a precinct, irrespective of local government boundaries, in order to identify ways (and projects) to collaborate to deliver open space, recreational and community facilities to meet the needs of the existing and future population.

Discussion

On 13 February 2023 the following Mayoral Minute was included in the business papers for the meeting of North Sydney Council:-

8.2. St Leonards/ Crows Nest 2036 Plan - Cross LGA border working party

St Leonards/ Crows Nest 2036 Plan - Cross LGA border working party

In 2006 Lane Cove, North Sydney and Willoughby councils worked together and commissioned the St Leonards Strategy. The St Leonards Strategy was prepared by David Lock Associates, National Economics, Cityscape Planning & Projects and PBAI Australia.

The St Leonards Strategy (November 2006) noted that the St Leonards area spans three (3) local government areas and found that “The planning controls, public infrastructure and management of St Leonards vary between each of these councils.

However, the three parts of St Leonards are complementary, and in most respects St Leonards is perceived as a single centre (albeit divided by the Pacific Highway and rail line). Therefore, there are benefits in a coordinated approach to the planning, design and management of the centre (p.12).”

That Strategy appears to have “gathered dust” as each of the local government areas then embarked on their own planning for the precinct, in isolation.

In 2010 North Sydney Council commenced the St Leonards/ Crows Nest Planning Study in the context of significant development pressure and a series of decisions by the (then) Joint Regional Planning Panel and (then) State Government’s notorious Part 3A scheme which overrode, indeed, abandoned, the existing heights under Council’s Local Environmental Plan.

The Planning Study sought to examine opportunities to meet the State Government’s housing and employment capacity targets whilst delivering high quality public domain and services to support the current and future community’s needs.

On 29 November 2010 Council resolved to undertake the planning study to deliver:

· new open space in St Leonards / Crows Nest;

· increased investment in St Leonards and decreased commercial vacancy rates, with particular focus on the rejuvenation of the Pacific Hwy between St Leonards train station and the intersection of Pacific Hwy and Willoughby Rd;

· improved connectivity, particularly between St Leonards / Pacific Hwy and Willoughby Rd;

· improved urban design and street level amenity particularly in St Leonards and along the Pacific Hwy; and

· improved building design and residential amenity in St Leonards.

Nearly 12 years later, the provisions of that Precinct 1 Study delivered Stage 1 of the Expanded Hume Street Park – a significant new piece of public open space.

In July 2016 the State Government announced that it would undertake a strategic planning investigation and strategy for Crows Nest, St Leonards and the Artarmon industrial precinct.

That investigation went by many names – it began as a Priority Precinct, then morphed into an Urban Activation Precinct and finally the 2036 Plan.

The St Leonards and Crows Nest 2036 Plan (the 2036 Plan) was adopted and made by the State Government in August 2020 and states that it “will facilitate the urban renewal of St Leonards and Crows Nest for an expanding employment centre and growing residential community in the suburbs of St Leonards, Greenwich, Naremburn, Wollstonecraft, Crows Nest, and Artarmon”.

The Plan area, particularly the Pacific Highway corridor at St Leonards and Crows Nest, has been the subject of exponential growth and development pressure for at least the last 15 years. The 2036 Plan requires the precinct to absorb significant additional residential and commercial density and provides for the provision of regional open space and facilities.

This increased density is impacting all three local government areas – the open space and recreational infrastructure needs alone cannot be addressed in isolation.

It is timely then, to start to work with our neighbouring councils, Lane Cove and Willoughby, to identify and address the needs of the whole of St Leonards and Crows Nest as a precinct, irrespective of local government boundaries, in order to identify ways (and projects) to collaborate to deliver open space, recreational and community facilities to meet the needs of the existing and future population.

I therefore recommend:

1. THAT Council invite Lane Cove and Willoughby councils to participate in a working party on the St Leonards/Crows Nest 2036 Plan.

2. THAT the working party consist of the mayors and a ward councillor representing the subject area together with a relevant strategic planning officer from each of the council areas.

3. THAT Council notes that the purpose of the working party is to explore a “coordinated approach to the planning, design and management of the centre” in the context of the 2036 Plan and to identify ways to collaborate and deliver open space, recreational and community facilities to meet the needs of the existing and future population.

COUNCILLOR ZOË BAKER

MAYOR

The Mayoral Minute was received and noted by North Sydney Council in a unanimous vote.

RECOMMENDATION

That in the event that Council is invited by North Sydney Council to participate in a working party on the St Leonards Crows Nest 2036 as outlined in the Mayoral Minute detailed above that Council:-

a.   Accepts the invitation; and

b. Nominates a Councillor from East Ward and a strategic planning officer to participate in the working party with the Mayor.

Councillor Merri Southwood

Councillor

Councillor Bridget Kennedy

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 February 2023

Finalisation of Bob Campbell Oval Masterplan

Subject:          Finalisation of Bob Campbell Oval Masterplan   

Record No: SU8695 - 8231/23

Division:         Open Space and Urban Services Division

Author(s):      Helen Haigh 

Executive Summary

This report summarises the survey and submissions for the Draft Bob Campbell Oval Master Plan community consultation that was undertaken. 

Community consultation was carried out for 10 weeks between 25 November concluding 5 February.  A total of thirty-nine (39) community participated in the survey and received six (6) written submissions. Minor amendments have been made to the masterplan.

The Masterplan for Bob Campbell Oval (AT – 1) is recommended for adoption for the purposes of moving to the next stage of detail design documentation for tender.   

Background

Council engaged Taylor Brammer Landscape Architects (TBLA) to carry community stakeholder workshops and prepare a draft masterplan for Bob Campbell Oval. Three community workshops were held, and the draft masterplan was developed in response to the feedback.

TBLA facilitated the three workshops, held 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.

The stakeholder workshop process has been highly commended by those who attended.

Discussion

Survey Results

A total of thirty-nine (39) people completed the survey. Most respondents (72%) were from the suburb of Greenwich.  Questions in the survey included; Can we improve on Bob Campbell Oval Masterplan? 29 out of 39 (74%) answered yes and provided comments. Is there anything we have missed in the Bob Campbell Oval Masterplan? 22 out of 39 (56%) answered yes and provided comment.  The last question asked “Do you have any general comments on the Bob Campbell Oval Masterplan?” 32 people provided comment to this question.

Below is a summary of the survey comments, not all detail from individual responses are shown below, instead the essence has been captured.  Councillors have been provided with the full survey and submission responses.  The survey responses have been grouped together where the topics are similar. TBLA have provided responses to the points raised.

	Point raised	Response/ design change
1	Consider relocating playground to the picnic area. / Possibly a nature play area for small kids near the picnic area, so kids can play close to family gathering in picnic area close to the water. / I can see the existing playground will remain - it is terrible currently.	A secondary, static playground has been located adjacent to the picnic area. New playground activities are proposed to add to the existing playground and a small new play area is proposed adjacent to the picnic area. The existing playground structure to the west will be upgraded through Council’s ongoing maintenance and replacement strategies. This will complement the new playground in this area.
2	Consider including a structure for watercraft	It is not practical to store watercraft in this location as access to the water is only available during the peak of a high tide. During low tide access to the water would require dragging the watercraft across 100m of mudflats.
3	There is a lack of detail about the changes to the RE1 zone at the corner of Gore St and St Vincents Rd. There is an opportunity to turn into a community garden, or bush garden, and improve amenity for nearby residents and visitors alike (and reduce council mowing expense!).	It is suggested that the housing density in this area is not high enough to support communal gardens unlike more dense areas such as St Leonards.
4	Ensure that dogs are not allowed on the oval when they are off the leash.	Community and stakeholder workshops resolved to maintain the oval as dog friendly when the oval is not in use. Dog poo bags and associated infrastructure will be provided.
5	Bicycle access from Bob Campbell Oval to River Road through over existing walking path to allow for greater access ability and connection to the new sports and recreation facility.	Improved access from River Road is being provided as part of this masterplan.
6	Provision for covered bicycle storage	The location of bike racks is to be investigated through detailed design with the potential for this to be located under the building awning.
7	Netball court on top of the amenities building	Community and stakeholder workshops resolved not to include a netball court.
8	Maybe a bit more information on the amenities building form for the options, but otherwise really great master plan. Option A is my preference. / I'm unsure why a two-storey building, with a smaller footprint is considered unsuitable. Good design should mitigate any scale issues and given the oval is much lower than the surrounding housing, a two-storey building won't impact them.	Through the community and stakeholder consultation process Option C was selected as the preferred amenities building. A two-storey building comes with additional expense particularly to ensure it meets accessibility standards.
9	Lighting along St Vincents shared path	Council's traffic engineers will assess as part of a later phase.
10	No unisex change rooms	Industry best practice suggests that unisex changing rooms are the best use of public amenity buildings.
11	Do not take greenspace for more parking at the oval. The proposed additional parking beside the sewage bridge should not be placed there because it: 1. Breaks up the contiguous open space 2. Interrupts the view from the oval under the arches of the sewage pipeline/ bridge of the water from the oval 3. Encourages or prioritises emphasis on car driving 4. Adds a danger of cars using the space when children may be moving from the picnic area to the children’s play area. It should be an area free from danger from cars once you enter the oval area.	The masterplan provides ample and generous space for pedestrians to travel under the aqueduct.
12	There need to be high quality drainage, irrigation and maintenance to support the new natural grass surface. / Please ensure that Dr Mick Batman is involved in both the design process and the maintenance planning of BCO. / Please also consider improving drainage as the oval is always wet. / Please arrange for Dr Mick Battam, soil scientist, to be involved in the design process and for the maintenance of BCO to be outsourced and science driven. / Vital to engage a qualified soil scientist such as Dr Mick Battam to design the natural grass surface of the oval and a continuing maintenance regime.	Drainage, irrigation, and turf installation and maintenance are subject to further design development in a further phase. They will be best practice.
13	If the citrus tree slated for removal is the large mandarin tree, I would oppose this	Due to several competing needs the most appropriate location for the amenities building will require the removal of the citrus tree.
14	Sensor lighting to reduce energy use, using water from the aqueduct or drainage for irrigation	Consideration during detailed design phase is to be provided in relation to minimising light spill and light pollution with respect to neighbouring residential properties and to minimise negative impacts to surrounding fauna. Water from the aqueduct is unsuitable for irrigation.
15	The new oval looks great, but it will be hard to lose a dog friendly play area.	Community and stakeholder workshops resolved to maintain the oval as dog friendly.
16	This plan is missing the impact that will have for neighbours who want to join this space, as the access from the other side of river road is terribly dangerous to cross. It needs a roundabout or a crossing at St Vincents road and river road. It is impossible to go to the nearest crossing if you have a pram, children and a dog. / Consideration should be given for pedestrians crossing River Rd to get on St Vincents Rd. We walk to Bob Campbell and have to risk our lives to cross River Rd to reach St Vincents rd./ Access to the oval via the Gore Creek walking track involves a dangerous crossing over River Road.	Council's traffic engineers will assess as part of a later phase.
17	Include a small multi-sport wall for tennis, basketball, netball and potentially cricket against a wall.	An existing brick wall for informal games is retained along the western edge of the proposed footpath for sports use.
18	Better connection to the water / It would be great to see the Jetty in the plans / the addition of the Jetty	Access to the water is now being provided via the new stairs. Initial investigations show a jetty to provide access during high and low tide would be required to be over 100m in length and would be cost prohibitive.
19	Access from Seaman Street. The stairs down from Seaman St to BCO are treacherous to say the least and a hazard for use but the public.	Council has plans to improve access from Seaman Street as part of works for this project.
20	Make the football pitch synthetic, as originally planned. / The only group in the community this delivers for is the greens. Who don't want people to play sport all year round for as many hours as possible. / You have missed any intention to increase the playing hours of sport. / Why are we not considering artificial turf on the main oval? / BC oval is an absolute joke of an oval. If it could have been improved naturally why wasn't it done so years ago. / I’m quite disappointed that the artificial turf plan has been abandoned. / Remove the natural turf and replace it with artificial.	Council has resolved to have a natural turf field. Lighting will be upgraded to the latest technology to increase playability. Drainage, irrigation, and turf installation and maintenance are subject to further design development in a further phase.
21	A walking track around the oval can be used by runners too. Currently living in the area there are no good running tracks or pram friendly walking tracks to easily exercise. / There was originally a plan for a running track around the oval. This has been removed from the latest version.	Community stakeholder workshops resolved to maximise the playable area of the field. Additional footpaths to the east of the fields will further reduce the playing field.
22	The bushland around BCO is also overrun with exotic plant species (e.g. lantana wondering dew).	The existing bushland is retained and managed through ongoing bushland management.
23	Netball court inclusion is a good option	Community and stakeholder workshops resolved not to include a netball court.
24	Submit area should include an enclosed off leash dog park (don’t want dogs chasing the wildlife). / Add a dog of leash area where the basketball court is proposed.	Community and stakeholder workshops resolved to maintain the oval as dog friendly, as natural turf with no fencing to maximise playable use.
25	New trees	Additional shade tree planting has been added to the picnic area adjacent to the Lane Cove River.
26	I question the need for a 3m wide shared path along the western cliff. … could it be made … more pervious material … Also, this path seems to terminate under the aqueduct at its southern end when it would seem better to terminate it at the carpark.	The shared path could be reduced to 2.5m and potentially deco granite. This detail will be covered in the detail design phase. The proposed footpath will connect the western playground to the reconfigured carpark and amenities building.
27	It’s unclear from the masterplan but hopefully there will be some retention/addition of bench seating in the vicinity of the playground
29	Western heritage cliff base shared user path was not part of revised concept plan introduced to stakeholders on 18 Aug 2022 - it has been introduced since. A path surrounding the field was not wanted by stakeholders. The indicated western cliff path should never become part of a connecting, surround-oval track. Western shared user path was not considered so path design should consider lessening the impact of such path on current vegetated soft edge to cliff base.  e.g., use of permeable surface materials/compacted stone, reduce width of path to 2 m or set 1 m away from cliff base, minimise loss of native vegetation.	To provide natural turf in a sustainable manner for the use of cricket, soccer and other sporting groups, the fields location and orientation must be modified from the existing design. The base of the existing cliff is regularly wet due to overland flow from the vegetation above hence the selection of a hard-paved surface that will provide a long-term sustainable outcome for the community.
30	Consider reduce the need to remove 2 trees along St Vincents Road can be overcome by using that   portion of road as a shared road - this is what was in the revised concept plan introduced to stakeholders on 18 Aug 2022.	It is noted detailed design of the road and shared user path does not form part of the scope of this masterplan stage rather it will is subject to a future detailed design stage as well as a road safety audit by Council.
31	Less parking spaces - keep ambulance access, disabled parking spaces and about 10-15 other car spaces, turning circle / pick up drop off zone. Other parking will be up the street with direct access to the shared user path to get down to the oval easily	Community and stakeholder’s engagement agreed to maximise the playing surface and retain as many existing carparks as possible.
32	Indigenous interpretation of the area. It would be good to find out the Indigenous name for this area and rename the oval and reserve	Council has resolved to investigate aboriginal overlays and history in the detailed design stage.

Submission summary

Six submissions were received as part of the consultation period. Two were received from community groups, including Northwood Action Group and Greenwich Community Association Committee. Four submissions were received from individuals.  The summarised comments from the submission are shown in the table below.

	Point raised	Response/ design change
1	Natural turf specialist involved in detail design and maintenance program.	Council has resolved to have a natural turf field. Drainage, irrigation, and turf installation and maintenance are subject to further design development in a further phase.
2	Access to Water	Access to the water is now being provided via the new stairs. Initial investigations show a jetty to provide access during high and low tide would be required to be over 100m in length and would be cost prohibitive.
3	Parking next to oval kept at a minimum / Pick up /drop off zone	Community and stakeholder’s engagement agreed to maximise the playing surface and retain as many existing carparks as possible.
4	Shared User Path directly to Oval	A Shared User Path connects from River Road to the Oval. It is noted detailed design of the road and shared user path does not form part of the scope of this masterplan stage rather it is subject to a future detailed design stage as well as a road safety audit by Council.
5	Hard surface 3m – wide path, removal of fig tree	To provide natural turf in a sustainable manner for the use of cricket, soccer and other sporting groups, the fields location and orientation must be modified from the existing design. The base of the existing cliff is regularly wet due to overland flow from the vegetation above hence the selection of a hard-paved surface that will provide a long-term sustainable outcome for the community.
6	St Vincents Road access to BCO – the separated path with no shared road zone appears on this exhibited plan.	It is noted detailed design of the road and shared user path does not form part of the scope of this masterplan stage rather it is subject to a future detailed design stage as well as a road safety audit by Council.
7	Conservation and regeneration - Plant the E2 zone, conservation of the heritage-listed canal, regeneration/replanting work along this canal, upgraded regeneration works in Gore Creek Reserve	The existing bushland retained and managed through ongoing bushland management.
8	Strong sediment control	The successful contractor will follow all correct procedures as part of a contract with Council.
9	…it is my hope that the Council may accelerate its documentation (including the environmental assessment under Part 5 of the EPA Act) to permit an approval (final decision) to be given to the Masterplan at the earliest opportunity.	Detail design documentation needs to be completed before a Review of Environmental Factors and Part 5 can be carried out.
10	Property encroachment	Detailed survey has been carried out. No works will be carried out on private property.

Amendments to the masterplan

·    Additional 10 shade tree plantings have been added to the picnic area.

·    Additional static, nature play elements have been added to the picnic area.

Project Delivery Program

Council’s resolution of 21 February 2022 adopted the project Delivery Program. The phasing in the adopted delivery program has altered slightly to account for an additional workshop and 10 weeks community consultation. Noting the original program only allowed for 2 workshops and 6-8 weeks of community consultation. Notwithstanding these changes the project is still on track with the proposed delivery timeframe.

Under the adopted delivery program, the next phase is as follows:-

Item	Weeks (min)	Weeks (max)	comments
Procure of Landscape Architect for design specification and tender documentation	3	4	Undertaken concurrently
Obtain a minimum of 3 quotes (including AgEnviro) to design the specifications for the natural turf and to supervise the works related to the installation of natural turf to be incorporated into for tender documentation
Review quotes and recommend preferred consultants	1	2
HOLDPOINT - Council meeting			Councillors to endorse preferred consultants

Conclusion

The Bob Campbell Oval Masterplan was developed over three stakeholder workshops. The stakeholder workshop process has been highly commended by those who attended. The plan was then placed on public display for 10 weeks. 39 survey responses and 6 submissions were received. Two amendments were made to the masterplan with this feedback.

The Masterplan is now ready for Council endorsement to proceed to the next phase.

“Procure of Landscape Architect for design specification and tender documentation. Obtain a minimum of 3 quotes (including AgEnviro) to design the specifications for the natural turf and to supervise the works related to the installation of natural turf to be incorporated into for tender documentation.”

RECOMMENDATION

That Council:

1.         Receive and note the report;

2.         Adopt the Bob Campbell Oval Masterplan; and

3.         Undertake a procurement process for design specification and tender documentation for construction and a report be submitted back to Council for endorsement.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View

Bob Campbell Oval Masterplan - 2023

45 Pages

Available Electronically

Ordinary Council Meeting 23 February 2023

Conversion of the Council Chambers into a Multifunction Performance Space

Subject:          Conversion of the Council Chambers into a Multifunction Performance Space  

Record No: SU9095 - 8632/23

Division:         Human Services Division

Author(s):      Jane Gornall 

Executive Summary

This report responds to Council's resolution in November 2022 to undertake consultation for conversion of the Council Chambers into a multi-use facility that can be utilised for council meetings and cultural performances.

A workshop was held on Tuesday 31 January 2023 with representatives attending from eight local cultural groups and also two interested community members. The feedback is outlined in the report which will be considered further as part of the detailed planning and design phase.

It is recommended Council include the conversion of the Council Chambers into a Performance space targeting theatrical style productions into the 2023/24 Operational and Delivery Plan and Budget, consider if Council meetings should move permanently from the current Council Chambers location, once the detailed planning and design phase is completed and in June 2023 seek submissions from interested community members to be part of a reference group to assist in the planning for the project.

As per the Council resolution, the results of the workshop were presented to the Corporate Planning Weekend on February 11, 2023.

Background

Council at the meeting of 24 November, 2022 resolved that:

1.   Council conduct, in late January 2023, after school returns, a workshop with local cultural groups of a size that would potentially utilise a Theatre, delivered by the conversion of the existing Council Chambers into a multi-use facility incorporating both Council Meetings and Cultural Performances, to:-

a. Determine the needs of the local cultural groups for the project; and

b. Review the initial planning ideas having regard to the identified needs of the groups;

2.   Understanding that a DA is required due to a change of use of the space and that the requirements of the Building Code of Australia and Disability Discrimination Act will need to be addressed, Council investigate and determine the process for progressing the project in the shortest possible timeframe to allow for the implementation of the performance space in the 2023/24 Operational and Delivery Plan;

3.   A presentation on the outcomes of the workshop be presented at the 2023 Corporate Planning Weekend; and

4.   A report be submitted to the February 2023 Council Meeting on the outcome of the workshop together with an outline of the process that would be required for the project to proceed, with the aim of including in the 2023/24 Operational and Delivery.

This Report addresses the points in the above resolution.

In 2004 Lane Cove Council produced a Cultural Action Plan. The Plan included an action of ‘Continue to investigate opportunities for a multipurpose cultural performance space and work alongside community cultural groups to ensure the solution is viable and sustainable.’

Council has across the years investigated such a space with the 2008 Lane Cove Cultural Centre Study (Hassall Report) and the 2009 Cultural Needs Study – future options for upgrades and renovations in Lane Cove (Pegasus Report) both exploring the requirements for local cultural groups.

Since 2004, Council has provided venues for a range of community groups including Lane Cove Music and Cultural Association(studios and access to the Terrace Function Room for concerts); Lane Cove Concert Band (rehearsal and storage space); Lane Cove Historical Society (storage and meeting space); Centrehouse Inc (Gallery and Creative Studio space); and Lane Cove Theatre Group (rehearsal space) and has continued to fund the operations of other cultural groups – e.g. Lane Cove Music and Lane Cove Choristers via the Community Assistance Grants.

The main space which has not been provided is for theatre/performance space and the conversion of the Council Chambers should assist in filling this need.

The Lane Cove Sport and Recreation Centre, currently in the planning stage will provide a sprung floor for dance groups and an area that can be used for a range of performances.

Discussion

The workshop was held on Tuesday 31 January 2023 with representatives attending from eight local cultural groups and also two interested community members.  The groups were asked to input ideas for the space and to contribute to the listing of ‘must haves’ for the space.

The initial list of ‘must haves’ included:

·    Flat stage area – without carpet

·    Curtain system

·    Production lighting/rigging structure

·    Changing space

·    Toilets

·    Kitchen/food preparation area

·    Bar/refreshment area

·    Foyer

·    Storage – for technical equipment; seating; general

·    Accessible access

·    Loading area – for loading sets, etc

The workshop suggested another twenty-two (22) requirements from which a priority list of seventeen (17) were selected by the group. The recommendations are listed below in priority order:

1. Retractable tiered seating 

2. Council chambers moving elsewhere

3. Tech box built in

4. Professional acoustic designs 

5. Affordable rates

6. Prioritising local community

7. Extend to whole lower ground floor

8. Space for grand piano

9. Battened wood floor

10. No carpet at all

11. High quality projection

12. Power points stage &floor

13. Equitable management between all users /no council priority

14. Male &female dressing rooms

15. Ventilation is adequate

16. Treatment to the foyer area

17. Comfortable seating

The workshop allowed the participants the chance to hear what other groups would require and to articulate their own needs. It is expected that if the project continues some of the suggested ideas may not be viable for the space for a number of reasons which might include acoustic or space requirements requiring compromises which might impact negatively on all proposed uses.  In line with the original Notice of Motion and Council’s resolution, the focus is proposed to remain of the facility delivering theatre-style performance, with other opportunities considered for inclusion if possible, as further planning and design steps are undertaken.

The workshop participants also requested that a reference group be set up to assist with the project. It is recommended that Council call for expressions of interest for members of such a reference group in June 2023.

Some of the future steps required for the project to progress – not necessarily in order

If Council wishes to proceed with the project the following tasks would need to be undertaken: -

·    Assessment of the current structural, electrical, fire, access and mechanical state of the Council Chambers

·    Preparation of a Development Application for the conversion of the space.

·    Consultants need to be appointed to design and prepare plans for the project, including sub-consultants – e.g acoustic, lighting, access, fire, etc.

·    Preparation of tender documents and the running of a tender process for a builder in line with the NSW Local Government Act 1993.

At the workshop it was suggested Council meetings should move permanently from the space, it is suggested such a decision be delayed until the detailed planning and design phase is completed. Notwithstanding a long-term decision, a short-term alternate venue will need to be found during conversion works, at this stage the Terrace Function Room has been identified as be the most suitable venue.

As part of the Corporate Planning Weekend held February 11, 2023 the Councillors were given a presentation on the results of the workshop and were able to discuss options and the recommended future actions to progress the project. These actions have been included in this Report.

Conclusion

There is considerable interest in the option of converting the current Council Chambers into a multi-function performance space. Considerable planning will be required to ensure that the space can be effectively used as a Theatre and can accommodate other uses as far as practicable. Council will also ultimately need to clarify if it does intend to continue to utilise the space as a Council Chambers.

This Report recommends adding the conversion of the space and the planning required to bring the project to fruition into the 2023/24 Council Operation and Delivery Plan and also allocating money to the 2023/24 Budget to realise the project.

This Report also recommends establishing a reference group of interested community members to guide the progress of the project.

RECOMMENDATION

That Council:

1.    Include the conversion of the Council Chambers into a Performance space targeting theatrical style productions into the 2023/24 Operational and Delivery Plan;

2.    Include in the 2023/24 budget an amount to undertake the conversion including the cost of setting up a temporary Council Chambers;

3.    Consider if Council meetings should move permanently from the current Council Chambers location once the detailed planning and design phase is completed;

4.    In June 2023 seek submissions from interested community members to be part of a reference group to assist in the planning for the project; and

5.    Notify all participants in the 31 January workshop of the Council’s resolution.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 February 2023

Consultation Results on the Draft Community Engagement Strategy

Subject:          Consultation Results on the Draft Community Engagement Strategy  

Record No: SU80 - 75369/22

Division:         Corporate Services Division

Author(s):      Steven Kludass 

Executive Summary

The Draft Community Engagement Strategy was the subject of community consultation between 30 November 2022 and 29 January 2023.

This report presents a summary of the feedback received during the community consultation period. Detailed responses received during the community consultation period are attached as

AT-1. The Draft Community Engagement Strategy is submitted for Council’s consideration and adoption.

Background

The Draft Community Engagement Strategy was developed following a series of community consultation workshop sessions with interested local residents. These sessions occurred in mid 2022 and identified a need for Council to review its current community engagement practices so they reflect the expectations of today’s community.

The results of the community consultation sessions, together with feedback received from several Councillors was reported to Council on 18 August 2022. At that meeting, Council resolved to prepare an Action Plan to address the issues raised during the workshop sessions. 

A further report was submitted for Council’s consideration on 24 November 2022 where Council endorsed a Draft Community Engagement Strategy for community consultation purposes. The Draft Community Engagement Strategy was developed to guide Council’s approach to community engagement. More specifically, it articulates Council’s commitment to the IPA2 Framework, outlines our approach to community engagement (what, why, where, when and how) and contains key objectives and actions as integral components of an Implementation Approach.

Discussion

In total, Council received 1 completed survey response and 2 written submissions in relation to the Draft Community Engagement Strategy. Councillors have been provided with the 3 submissions. A summary of the submissions received, together with Council’s draft responses is provided at AT-1.

Following consideration of submissions received, minor changes have been made to the Draft Community Engagement Strategy. The Revised Draft Community Engagement Strategy is attached as AT-2 and for completeness, the Revised Community Engagement Policy is attached as AT-3.

Conclusion

The Draft Community Engagement Strategy has been developed following feedback received from interested local residents during workshop sessions held in mid-2022. The Draft Community Engagement Strategy was then the subject of further community consultation between late November 2022 and late January 2023. In total, Council received 1 completed survey response and 2 written submissions in relation to the Draft Community Engagement Strategy.

RECOMMENDATION

That Council:-

1.   Note the submissions received and the draft council responses prepared in relation to the Draft Community Engagement Strategy;

2.   Write to each of the individuals and/or organisations, where identifiable, who made comment on the Draft Community Engagement Strategy, thanking them for their input and providing responses to the issues raised in their submissions; and

3.   Adopt the Revised Community Engagement Policy and the Revised Draft Community Engagement Strategy.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View	Draft Community Engagement Strategy - Community Consultation Evaluation Report	4 pages	Available Electronically
AT‑2 View	Draft Community Engagement Strategy - V2	26 Pages	Available Electronically
AT‑3 View	Revised Community Engagement Policy - Draft	7 pages	Available Electronically

Ordinary Council Meeting 23 February 2023

Finalisation of Urban Forest Strategy

Subject:          Finalisation of Urban Forest Strategy  

Record No: SU8181 - 5420/23

Division:         Open Space and Urban Services Division

Author(s):      Helen Haigh 

Executive Summary

An Urban Forest Strategy has been developed as part of Councils Delivery Program and Operational Plan. The Strategy was endorsed for community consultation. Consultation ran for 6 weeks. Council received 2 submissions and 5 people responded to the survey.

Amendments have been made to the Urban Forest Strategy and it is now presented to Council for adoption (AT-1).

Background

Council resolved at the October 2022 Council meeting to place the Draft Urban Forest Strategy on public exhibition for 6 weeks. The consultation was open from 3 November 2022 until 19 December 2022.

The purpose of the strategy is to protect and improve the urban forest of Lane Cove, through effective management and direct engagement with the community. Objectives and actions were compiled from recent aerial image datasets defining existing cover and physical attributes along with community engagement results. This strategy also considers Councils ability to deliver outcomes with available resources.

Discussion

Survey Results

Five (5) respondents provided feedback to the survey questions. The responses are provided as an attachment (AT - 2). The points/comments are listed below with a response for each point, and amendments proposed to be made to the Strategy.

Table 1 – Survey points and responses

	Point raised	Response/Strategy Amendment	Strategy Page
1	More planting along the main roads	This has been addressed Implementation Table: 2. Expand and Improve Objective 2: Increase canopy cover on public land	No change
2	Developers held responsible for planting trees	This already occurs as part of the process to Occupation Certificate (OC).	No change
3	“Stop cutting down trees to facilitate medium to high density housing.” - “…you fail to explore this issue of greening the densest urban environments in the LGA. It deserves deeper analysis.”	LEP land zone changes have been set by the NSW State Government. DA’s are assessed accordingly with retention of trees where possible.  This has been addressed Implementation Table: 3. Connect Objective 4: Advocate for greater recognition of greener infrastructure.	No change
4	Address adverse impacts to RE1 i.e. Vandalism, Encroachment, Clearing, Dumping, Poisoning, Fencing, Light Spill, Trespass	RE1 zoning is protected by various state and local legislation.  This is covered as part of Councils operational procedures by Council’s Compliance Officer and Rangers. Action 1.1.g and Action 4.1.b addresses tree vandalism.	Page 24 No change
5	More emphasis on protection of Threatened Species	This is addressed in Plan of Management - Bushland	No change
6	Include photos of detrimental effects to trees	Photos have been included	No change
7	Increase canopy targets	The 40% cover has been determined by NSW DPE.  The UFS proposes to continually increase canopy cover with a target of 2,284 trees over 10 years.  This is on top of maintaining replenishment of trees that are removed.	No change

Submissions

Submissions were received from the Lane Cove Bushland Conservation Society Inc and one resident. These are attached at (AT-3).  The points/comments are listed below with a response for each point, and amendments proposed to be made to the Strategy.

Table 2 - Submission points and responses

	Point raised	Response/Strategy Amendment	Strategy Page
1	Which specific provisions in the Strategy would address each of the real incidents that we have listed below of tree damage/ vegetation and tree clearing/ loss of recent years: ·    14-16 Orion Road - DA59/2021 ·    E2/C2 zoned bushland surrounding Lane Cove Golf Course ·    Tree loss on the Lane Cove Golf Course precinct ·    The Pathways site ·    Tree poisoning in Warraroon Reserve near Tambourine Bay	The Strategy is guided by existing legislation.  The specific incidents listed are all covered by existing legislation i.e. Biodiversity Conservation Act 2016, various SEPP’s, LEP, DCP, Tree Vandalism Management Directive	Page 24 Section 2, Strategic Alignment No change
2	A follow up letter reminding the resident of the condition on which the tree removal was given and reminding them of their obligation to replace it. The letter includes a form which they must fill in, advising whether the tree had been replaced, the date when it was carried out and perhaps the type of tree which had been replanted.	This is included within the Implementation Table (1. Protect and Retain).	Action 1.1.f and Action 1.3.a. No change
3	Where a tree or trees have had been removed because of a Development Application, the Conditions of Approval should include a condition that trees be replaced before the Building Certificate is issued.	This already occurs as part of the process to Occupation Certificate (OC).	No change
4	That a portion of the $80 tree fee be put aside for the follow up.	Tree application fees already contribute to cost of Councils consulting arborist which includes follow up letters.	No change
5	Review landscaping requirements for developments in conjunction with this strategy.	This is included within the Implementation Table (1. Protect and Retain). A review of DCP – Part J is programmed for 2022/2023.	Page 61 Action 1. 3.c No change
6	What action can Council’s UFS pursue to address “Developers should make a concerted effort when designing a new site to protect and retain existing trees and to consider them an asset to the community,”?	This is included within the Implementation Table (1. Protect and Retain).	Page 61 Action 1.3.a No change
7	Allocate funds and resources to carry out the strategy	Funds come through Operational Budget for specific projects additional funding will be requested.	No change
8	Biodiversity Credits Scheme must be challenged by Council so that any offsetting be located or applied locally, an issue for the success of the UFS.	Biodiversity Offsets Scheme is managed by NSW Department of Planning and Environment.	No change
9	Council should pursue a campaign to increase fines for illegal tree removal by developers	Fines are set by NSW government.	No change
10	Work to strengthen the ‘Blue Book’ guideline for stormwater	The ‘Blue Book’ is regulated by the NSW Environment Protection Authority. Council cannot strengthen it.	No change
11	Increase communication between Council’s departments	This is included within the Implementation Table (3 Connect)	Pg 66, 3.4.c No change
12	Council management and staff must put a more reliable and stronger process in place to adequately supervise and monitor arborist contractors	This is included within the Implementation Table (3 Connect)	Page 66 Action 3.4.c No change
13	Council research what strategies have been successfully used by other Councils to engage the community to mitigate tree damage and loss on private property	This is already in the Strategy within the Implementation Table (3. Connect).	Page 66 Action 3.4.b No change
14	A program for residents/property owners who need assistance to understand and properly maintain their trees and assistance with selecting the species	This is already in the Strategy within the Implementation Table (3 Connect).	Page 66 Action 3.4.b No change
15	Improvements made, for trees illegally removed on the weekend when query or complaint calls go to a Call Centre, and only a few Council Rangers are available, with little knowledge of trees or access to DA’s etc.	Amend Action 1.1.a to address this point	Page 60 Amended Action 1.1.a Amended Action 1.1. g
16	Comment on gaps and weaknesses of writing in Strategy	Edits have been made to the overall document to strengthen it (including italicising all botanical names).	Various amendments throughout Strategy
17	Diagram on pg14 hard to read	Diagram has been enlarged for clarity	Page 14 Amended
18	Tension between trees for shade and the problem of shade reducing the efficiency of rooftop solar panels.	This has been addressed in Reduced energy costs paragraph.	Page 14 Amended
19	turpentine was also an important timber tree, used particularly for wharves as the timber is resistant to marine borers, but it has many other uses as well.	Not all trees were discussed in this section. No change.	Page 18 No change
20	reference to Bruce Stuckey and Harry Howard is totally out of context (sic) ….	This has been removed to reduce confusion and the detail is not necessary	Page 19 Amended
21	Vegetation study references	References updated for vegetation community types	Page 20 Amended
22	Figure 1 reference incorrectly labeled	Refence updated	Page 21 Amended
23	This section has a lot of irrelevant detail (Aboriginal food preparation for example), and	Aboriginal Heritage Office provided comment and edits to this section.	No changes
24	more emphasis on the critical importance of remnant local indigenous species through the suburban area as they are our heritage….	This is included in Action 1.1.e	Page 21. Action 1.1.e No change
25	Why does the LCC flow chart not include the Bushland Plan of Management?	This has been omitted for optimal clarity. Not all plans/strategies are shown in the flow chart.	Page 25 No change
26	Strategic Direction - This section just draws out the relevant threads from other plan documents but does not seem to set any new priorities. Why not? Surely that is the role of a planning strategy such as this?	Section heading changed to Strategic Alignment to more accurately reflect content.	Page 25 Amended
27	3.6: The diversity principles articulated in this section are important at a general level but the strategy should recognise that in some locations other factors take priority in species selection, for example street tree choice has to take account of existing street tree landscape and heritage considerations, species practicality in harsh street locations and safety issues.	A sentence has been added to acknowledge this level of detail is covered in the Street Tree Master Plan.	Page 38 Amended
28	3.7: Should recognise funding issues to support staff or engage additional staff. It should also recognise the need for changed practices, such as internal communication, on more than just complex developments, to ensure major tree removals do not occur…	Staff funding is unlikely to change. Amended Action 1.1.a Councils DCP, LEP and other relevant legislation are adhered to when assessing D.A’s. Strategy amended to include Biodiversity Conservation Act 2016 under the State Legislation heading.	Page 25 and Page 60 Action 1.1.a Amended
29	Objective 1, Action a) is not at all clear what this means	Action 1.1.a) has been rewritten	Page 60 Action 1.1.a Amended
30	Objective 3, Action a) is about new plantings, not retaining existing.	Action 1.3.a) has been moved to 2.Expand and Improve.	Page 63. Action to 2.3.a Amended
31	Objective 4: It is not clear why this is here - all bushland is protected – and what is the definition of remnant trees in bushland compared to any other trees/vegetation?	Objective removed	Page 61 Action 1.4.a-c Removed
32	Expand and Improve: Objective 2 – should include reference to the role of the community nursery and aim to expand this facility.	New action included: Action 2.2.f) Investigate expansion of the community nursery to increase tree production output and support urban planting programs and education.	Page 63. Action 2.2.f Added
33	Connect – the community engagement actions listed are fine as far as they go, but they are nowhere near enough to make a genuine difference beyond what happens at present.	Actions amended: Action 3.3.b Develop specific community information and support packages relating to tree maintenance and planting on private land. (such as how to maintain tree for amenity and safety; how to choose the ‘right’ tree). Action 3.2.a) - Facilitate opportunities for research in the urban forest with universities, Councils, and other authorities. Opportunities may exist to share expertise and resources.	Page 66 Action 3.3.b and Action 3.2.a Amended
34	Council could also a community workshop (or several) to promote interest in trees/urban forest and canvas ideas for engagement.	New Action included: Action 3.1.h) Seek funding to engage consultants to conduct community workshop/s to promote interest in trees/urban forest and canvas ideas for engagement.	Page 65 Action 3.1.h Added

Summary of submission and response tables

Comments received through the survey have been addressed in the UFS or by other relevant legislation and no changes were required. The submissions raised thirty-four (34) comments and have been addressed individually.  Sixteen comments resulted in an amendment to the UFS. This included an additional two Actions and seven amended Actions.

Conclusion

The strategy has been amended. Comments from the survey and submissions have been incorporated where appropriate. The changes have strengthened the strategy to reflect Councils long-term goals for the urban forest and how it plans to reach them. The focus remains to increase canopy cover, and at a bare minimum replenish lost trees to ensure no net-loss to canopy.

RECOMMENDATION

That Council:

1.         Receive and note the report; and

2.         Adopt the Urban Forest Strategy as amended, included as AT-1.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View	Urban Forest Strategy - Final	88 Pages	Available Electronically
AT‑2 View	Urban Forest Strategy - Survey Responses	2 Pages	Available Electronically
AT‑3 View	Urban Forest Strategy - Submissions	10 Pages	Available Electronically

Ordinary Council Meeting 23 February 2023

Disability Inclusion Action Plan

Subject:          Disability Inclusion Action Plan  

Record No: SU6606 - 5831/23

Division:         Human Services Division

Author(s):      Susan Heyne; Susan Shand 

Executive Summary

Under the Disability Inclusion Act 2014 (NSW) (the Act), all Councils must have a Disability Inclusion Action Plan (DIAP). 

At the Council meeting of 29 September 2022 Council resolved that the Draft Disability Inclusion Action Plan (DIAP) be endorsed for the purpose of public exhibition and be placed on public exhibition for six (6) weeks.

The Draft Disability Inclusion Action Plan (DIAP) was on public exhibition from 17 October to 28 November 2022. Responses to the public exhibition included four (4) anonymous survey responses and one (1) separate submission received via email.

Following review of the feedback, comments have been noted and any required changes made. 

The revised document is attached at (AT-1)and is recommended for adoption by Council.

Background

The Draft Disability Inclusion Action Plan was developed following a community consultation plan which included engagement with the local community, local businesses, service providers, Councillors and Council staff. Individual and group conversations were conducted by the consultants with Council staff, support services and people with disability living locally. Council Committees were consulted including the Age Friendly Advisory Committee, the Access and Inclusion Advisory Committee and workshops took place with key staff and Councillors between March – August 2022.

Draft Disability Inclusion Action Plan Summary

The Disability Inclusion Action Plan has four (4) focus areas that are mandated by the NSW Governments Disability Inclusion Plan 2021 – 2025.  The focus areas are:

·    Attitudes and behaviours

·    Liveable communities

·    Meaningful employment

·    Better systems and processes 

A total of 203 people across the Lane Cove local government area contributed to the development of the Disability Inclusion Action Plan.  The information gathered informed the development of the draft Disability Inclusion Action Plan including the accountability framework that Council will use to monitor progress against this plan.

Public Exhibition

Council resolved at its Ordinary Meeting on 29 September 2022 that the Draft Disability Inclusion Action Plan be placed on public exhibition for six (6) weeks until the 28 November 2022, and that a further report be prepared for Council.

The public consultation period opened on 17 October 2022 and closed on 28 November 2022.

The public consultation was promoted through the following channels:

·    Online exhibition on Council's website

·    Online exhibition via Council's social media platforms

·    E-newsletters such as the Lane Cove Connection

·    Council Advisory Committees

·    Targeted emails to local service providers

Discussion

Following the exhibition period, a total of nine (9) separate comments were received.  Comments raised during the exhibition period are summarised in Table 1.

Table 1: Summary of Submissions and Proposed Changes to Draft DIAP

Community Feedback	Council Response	Recommended Action
I think we should give people with disabilities in our community a full understanding of what kind of support they can get in the community and where we will support them more. There is a need to survey people with different disabilities in the community and develop an effective support plan and what measures we will take to support people with disabilities.	·    The DIAP identifies where Lane Cove Council will focus its efforts for the next four years, including Outcome 4.1 to review Council website to ensure it provides relevant and useful information for people with disability. ·    People with disability can access support from specialised disability services but also from mainstream services and facilities, which are available to everyone; not just people with disability. ·    All levels of government, along with businesses, the community and the non-government sector play a role in supporting people with disability to enjoy their human rights on an equal basis with others. ·    The development of support plans for people with disability rests with the Australian Government. ·    Australia’s Disability Strategy 2021-2031 identifies the primary responsibilities for Local Government as: o  Urban planning/design of the built environment o  Accessible buildings o  Local development planning o  Local roads, bikeways and footpaths o  Local parks and recreational facilities o  Local sports grounds o  Public toilets o  Playgrounds o  Council-run childcare and aged care centres o  Municipal services o  Parking regulation o  Public libraries and community halls ·    The DIAP strategy development survey was available for community input between 28 March and 15 May 2022.	No changes proposed
The council needs to be careful with scammers with the NDIS.	·    2021 saw a 100+% increase in scam reports and increase in financial losses compared to 2020 for people with disability.^[1] ·    The ACCC encourages the wider community to assist in sharing warnings about scams. Concerns about the prevalence of scammers and the need to help people to discern what to do was raised in the consultation and is noted in the draft DIAP in focus area 4. ·      Scam awareness workshops are provided every year for community members through the community development team and library services.	·      Adjust Outcome 4.1 as follows: Council website is reviewed for content to ensure it is useful and provide relevant and current information, including links for people with disability, lists of local disability and employment services and advice regarding scams.
I would like to see something in the forward work plan for Lane Cove that improves street parking for people with disability.	·    There are also 25 Designated Accessible Parking Bays (DAPB) on streets located within the LGA. ·    Designated accessible parking bays (DAPB) are currently provided in Council carparks: 14 in the Canopy; 6 in the Little Street carpark; 1 in Sera St; 6 in Market Square; 2 in Central Ave. ·    Outcomes 2.1 and 2.4 in the draft DIAP include actions to achieve improved parking options for people with disability: o  Improve enforcement for vehicles parked inappropriately in designated accessible parking bays. o  Improve parking options for people with disability, including drop off zones near key locations. o  Provide parking and charging spaces at key locations for mobility scooters. These actions will assist to identify the locations of future accessible parking options.	No changes proposed
I would also like to raise the issue of the warm water pool at the aquatic centre. It needs to be considered for people with a disability first and foremost. To be told you can only come and use this pool in the middle of the day is just another way people with a disability are treated as second class citizens and it is so wrong and frustrating.	·    The arrangements for access to the aquatic centre apply equally to all users including people with disability and children learning to swim. ·    Space management is an issue for most public and private pools to consider. ·    Public aquatic centres aim to offer a variety of activities, at various times to accommodate every type of user group possible.	These comments have been referred to Bluefit management for consideration when planning for future space allocation and activities.
Feedback refers to page 22 - The use of the word 'predictability' is ambiguous and does not equate to enabling accessibility. Predictability can be good or bad e.g. predictably unsafe or predictability difficult to navigate around.	·    Being able to predict our environment to better navigate how we move through it is important for many people with disability, not just those with vision impairment. ·    For example, people living with dementia may have impaired cognitive mapping skills, so they look for cues in the environment to help them find their way.  The current wording and level of detail in regard to ‘predictability’ and ‘cues’ on page 22 is considered suitable.	No changes proposed
Feedback refers to service providers comments presented in DIAP page 23, Paragraph 1 – Community Comments   You can make the environment safer and easier to navigate. Design well. A lot of people don’t want yellow paint everywhere. It’s about the cues. Make them obvious. (Service provider) This is an inappropriate and offensive comment which dismisses the needs of people who are vision impaired and their need for clearly outlined, contrasting ground markings to warn of hazards on the ground, to indicate roadsides, sudden changes in ground levels etc. Often the contrasting colour is yellow but on a light surface, it may be appropriate to use black markings. This is like saying “A lot of people don’t want wheelchairs everywhere. This insult should be deleted. It serves no useful purpose except to demonstrate one ‘provider’s’ opinion which is badly expressed.	·    This comment was made by a service provider specialising in vision impairment and is considered appropriate. ·    Design and colour should be used in conjunction with other environmental cues to help people find their way.  The comment does not dismiss the importance of luminous contrast to assist people to distinguish between elements in the environment.	No changes proposed
Feedback refers to community comments presented in DIAP Page 23: ·    I’m autistic and accessing shopping spaces is very difficult for me…particularly when loud music is playing, and if there is also bright fluorescent lighting, I’m quickly overwhelmed. I’m already having to process lots of people, lots of products, and trying to… Feedback advises that public spaces must be adaptable and cater for the wide range of needs and preferences of the community e.g. autism awareness and to ensure public spaces have adequate quiet time and allow for community members to enjoy these spaces without continual 'entertainment events' scheduled.	Noted	No changes proposed
Feedback refers to community comments presented in DIAP Page 23: Venues that don’t make such provision make you feel awful as do people who arrange group events without checking venues have such facilities. Shops and restaurants without accessible entries and disabled toilets also make you feel completely excluded from the community.  What provision? The above is placed out of context: What provisions are they referring to? This needs clarifying and the paragraph needs re-structuring with examples of ‘provisions’ at the beginning.	·      Revise the wording of this quote as follows: Venues that don’t make such provision make you feel awful as do people who arrange group events without checking venues have such facilities. Venues, events, shops and restaurants without accessible entries and disabled toilets also make you feel completely excluded from the community.	Wording modified for greater clarity.
Feedback refers to page 25: ‘What we want and actions to get there’ Outcome 2.1- It is safe and easy to get around (Also, this objective is on page 38 in table.) Develop a wayfinding policy that includes signage, lighting, management of footpath shorelines and footpath etiquette, positioning and style of seating. Include both audible and visual signage and tactile street signage at intersections with traffic lights. Feedback disagrees with use of wording and terminology used in the strategy.	·    ‘Wayfinding’ is a term commonly used by Government and the disability community to describe how people navigate around their communities. ·    The term ‘Wayfinding’ incorporates a broad range of elements, not just footpaths. ·    The terms ‘wayfinding’ and ‘shorelines’ are considered appropriate for use in the DIAP.	No changes proposed
Tactile street signage at intersections…… Opinion of this feedback is that this action is inadequate as tactile ground markers are essential throughout the community.	·    The action to install tactile street signage at intersections is distinct from the action for tactile ground surface indicators (TGSI). They perform different roles. ·    Tactile street signage includes both Braille and raised lettering. ·    This signage has already been installed in City of Sydney in a consistent manner. ·    Tactile street signage and TGSI both contribute to the array of cues that assist people with vision impairment to navigate their environment.	No changes proposed
Feedback referes to page 33 and page 35, (Table) Focus Area 4: Systems and Processes (Year 1–4) 4.3.1 Engage Council’s Access and Inclusion Advisory Committee to provide input on draft and relevant Council policy, events and initiatives As a member of this committee, I agree wholeheartedly. However up to the present, only a tokenistic style of ‘engagement’ is happening, with consultants presenting their plans to our committee and the meeting agenda omitting time for constructive and genuine questions and conversations as part of the engagement process. Also, the Charter of the Access and Inclusion Advisory Committee does not contain any reference to the committee members having a role to present their assessments, and feedback directly as representatives, to Council, Council’s officers or Manager.	·    Access and Inclusion Advisory Committee is a Council Committee that provides input to Council on relevant policy, plans, events and initiatives. ·    Functions of the advisory committee are set out in the Age Friendly Advisory Committee Charter. ·    Committee members were consulted with by the consultants who provided feedback both in the meeting and via follow up submissions. ·    Further opportunities to submit individual and joint submissions were given to the committee.	No changes proposed Refer Access and Inclusion Advisory Committee Charter.

Conclusion

This Disability Inclusion Action Plan provides Council with a robust framework in which to continue to better service the needs of our community.  It has been developed with extensive stakeholder engagement from within Council’s diverse range of functional areas, members of Council Advisory Committees, business community and community organisations. Amendments have been included based on the results of the community consultation and it is now recommended for adoption.

RECOMMENDATION

That Council:

1.         Receive and note the report;

2.         Adopt the revised Disability Inclusion Action Plan 2022-2026, included as AT-1; and

3.         Conduct the next review of the Disability Inclusion Action Plan in 2026 and report on progress through Council’s Annual Report.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

AT‑1 View

Final Lane Cove Council Disability Inclusion Action Plan 2022-2026

25 Pages

Available Electronically

Ordinary Council Meeting 23 February 2023

Soft Plastic Recycling

Subject:          Soft Plastic Recycling  

Record No: SU4595 - 75040/22

Division:         Environmental Services Division

Author(s):      Bernadette Riad 

Executive Summary

Council at its meeting of 8 December 2022 resolved to contact Curby, Hornsby Council, and Albury Council to discuss their soft plastic recycling programs and review the options for soft plastic recycling for our community. Despite the success of these programs, discussions with these and other stakeholders involved in soft plastic recycling have highlighted the limited capacity of recyclers in this space and the need for further action in minimising the use of these materials to begin with. It is recommended the report be received and noted. 

Background

Prior to November 2022 residents of Lane Cove had 2 options available to them to recycle their soft plastics;-

1.   Drop off at local REDcycle collection points; and

2.   Book a collection via the Recycle Smart service (which then delivered soft plastics to REDcycle)

On 9 November 2022 REDcycle announced a halt to their collection program due to their recycling partners being unable to accept and process soft plastics. As a result, residents were left without recycling options for soft plastics. 

Council at its meeting of 8 December 2022 resolved to;

1.   Contact Curby to discuss Lane Cove Council adopting soft plastic recycling with their program;

2.   Contact Hornsby and Albury councils to discuss how they have organised soft plastic recycling options for their community;

3.   Review our soft plastic recycling options as researched in items 1 and 2 above and our single use plastic elimination strategy and place as an item agenda for discussion when updating the 2023/24 Delivery and Operation Plan in February next year;

4.   Report back to the February 2023 Council Meeting in regard to the findings from items 1 and 2 above; and

5.   Write to the Federal Member for North Sydney Ms Kylea Tink MP and the Federal Minister for the Environment and Water, The Hon Tanya Plibersek MP, asking the Federal Government to put the reduction of soft plastic packaging on their agenda and that financial incentives be provided to food manufacturers and distributors who switch from soft plastics to cardboard or alternative biodegradable options.

Discussion

A summary of the investigations into the recycling options provided by Curby, Hornsby Council, and Albury Council are provided below. It is worth noting that while each program utilizes a different recycling contractor, all noted limitations around capacity.

1.    Curby

The Curby program commenced in November 2020 as a trial involving Central Coast Council, CurbCycle, IQ Renew, Licella, and Nestle.

Under the trial residents could place their soft plastics into a yellow Curby collection bag, and place it tied into their commingled recycling bin for collection. Once at the Materials Recycling Facility (MRF) operated by IQ Renew, the yellow bags were pulled out by staff, and sent for recycling.  

During the 10 months of the trial, they were able to collect and recycle 10 tonnes of soft plastic. The program has since been rolled out in both Central Coast Council (September 2021) and Newcastle City Council (March 2022).

Curby have indicated that while they are planning to expand to more council areas, to do so requires the support of the recycling industry and producers of targeted materials. As such they are staging their expansion to align with the capabilities of their recycling partners and producers.

Initial discussions with the recycling agent for our commingled recycling have indicated that they are not pursuing this option at present due to cost and limited markets.

2.    Hornsby Council

Hornsby Council offer drop off facilities for soft plastics at their Thornleigh Community Recycling Centre (CRC).  These materials are then sent to their recycling partner PLASMAR / Australian Composite Technology (ACT) where it is recycled into sleepers, bollards, fence posts, and pallets.

In 2021/22 this service collected 21.8 tonnes of soft plastics at an annual cost of approximately $50,000. This is likely to increase in 2022/23 due to the collapse of REDcycle and the subsequent increased demands on the service. To cope with this increase in demand, Council is currently limiting acceptance of soft plastics to Hornsby residents only, with a limit of 1 bag per customer. 

In discussions with both Hornsby Council and PLASMAR, contamination management was noted as a key consideration.  Considerable education and manual intervention is in place at the CRC to minimise contamination, and all contaminants are returned by PLASMAR to the CRC for disposal. PLASMAR are open to continuing discussions with Council and other partners around possible collection programs, but have noted the need to manage the quality and quantity of materials being accepted. 

3.    Albury Council

In October 2021, Albury Council partnered with local recyclers Plastic Forests to trial both drop off and collections services to recycle soft plastics from the local businesses. 

Funded through the Circulate Industrial Ecology Grant Program and Albury City Council, the trial provided local businesses with the option to either drop their soft plastics at the Albury CRC, or have soft plastics collected from their place of business through a fortnightly collection service.

As at September 202, the trial had collected 19.7 tonnes of soft plastic (12.7 via the CRC, 7 from the collection service), at a total cost of $40,688.  Albury Council are now looking to extend the collection of soft plastics from their CRC, noting the need for infrastructure such as balers and undercover storage, and resourcing to remove contaminants (contamination during the trial was 15% by volume).

Other Notable Schemes

The Australian Food and Grocery Council (AFGC) is currently developing a National Plastics Recycling Scheme (NPRS). An industry-led, national recycling scheme for soft plastic packaging, the project is being developed by Australia’s food and grocery manufacturing industry with funding support from the federal government in 2020 under the National Product Stewardship Investment Fund.

The NPRS hopes to collect soft plastic packaging, things like bread and cereal bags, frozen vegetable packets, confectionery wrappers and plastic toilet paper wrap through an expanded kerbside collection program.  The bags are then extracted from recycling streams at sorting facilities and sent for processing where they are sorted, cleaned, shredded, and sent to advanced recycling facilities where the plastics are broken back down into oil, to be made back into clean, food-grade plastic packaging. As an industry-backed scheme, food and grocery manufacturers will pay a small levy to support the cost of collection and administration.

Trials under this program have just recently commenced, with advanced recycler APR Plastics  receiving soft plastics collected from the following Council areas;

-     Macedon Ranges Shire

-     Albury and Wodonga

-     City of Adelaide

-     City of Charles Sturt

-     City of Port Adelaide

There is currently no timeframe available as to when this scheme is likely to be rolled out.

Conclusion

The NSW Plastics Action Plan recognizes that the capacity to recycle plastics within NSW is currently underdeveloped, specifically with regards to soft plastics. This lack of capacity has been evident in examining the recycling options utilized in other Council areas currently.

With this lack of capacity being a major consideration, it is recommended that Council take a three pronged approach to the issue of soft plastics.

1.    Support recycling markets through procuring materials with recycled content;

2.    Advocate for a reduction in the use of soft plastics, and promote options to reduce their use; and

3.    Continue discussions with plastic recyclers, NSROC, and other key stakeholders around opportunities for soft plastic recycling.

RECOMMENDATION

That Council:

1.    Receive and note the report;

2.    Seek out opportunities to:

a.   Support recycling markets through procuring materials with recycled content;

b.   Advocate for a reduction in the use of soft plastics, and promote options to reduce their use; and

3.    Continue discussions with plastic recyclers, NSROC, and other key stakeholders around opportunities for soft plastic recycling.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 February 2023

Draft Social Media Policy

Subject:          Draft Social Media Policy  

Record No: SU6840 - 75994/22

Division:         Corporate Services Division

Author(s):      Stephen Golding 

Executive Summary

The purpose of this report is to consider a revised Social Media Policy developed in line with the NSW Best Practice Governance Polices.

The revised policy has incorporated the NSW Office of Local Government (OLG) Model Social Media Policy AT-1. It is recommended that Council adopt the revised Policy, subject to community consultation.

Background

Council’s existing Social Media Policy was adopted at the Ordinary Council Meeting of 15 October 2018, Council Resolution 194.

The NSW Office of Local Government released the Model Social Media Policy in mid 2022. This Model Policy is part of a suite of OLG’s Best Practice Governance Polices and whilst it is not mandatory to adopt and implement, it does set out an exemplar approach by incorporating examples of best practice from the social media policies of a diverse range of NSW councils, as well as from a number of Commonwealth and State Government agencies.

Discussion

Council’s Revised (Draft) Social Media policy, as attached (AT-2), has been reviewed and amended based on the NSW OLG Model Social Media Policy. At the heart of the policy is four “Principles” of social media engagement, those being openness, relevance, accuracy and respect.

For completeness, Council’s existing adopted Social Media Policy is attached (AT-3) for reference purposes.

Community Consultation

Statement of Intent

The consultation is designed to elicit any feedback members of our community may have on the matter and report that feedback back to Council for its consideration.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community and community groups	Lane Cove Community
Proposed Medium	eNewsletter	Public Exhibition and Website Exhibition

Conclusion

This Revised Draft Social Media Policy has been drafted to incorporate the NSW OLG Model Social Media Policy to ensure Council is observing and implementing local government best practice when it comes to social media management.

It is therefore recommended that Council give public notice of its intention to adopt this revised policy and subject to no submissions being received, adopt the Revised Draft Social Media Policy.

RECOMMENDATION

That Council:

1.         Provide public notice of its intention to amend and adopt Council’s Social Media Policy; and

2.         Subject to no submissions being received, adopt the amended Social Media Policy.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View	NSW OLG Model Social Media Policy	20 Pages	Available Electronically
AT‑2 View	Revised (Draft) Policy HS 09 Social Media Policy	20 Pages	Available Electronically
AT‑3 View	Policy HS 09 Social Media Policy	6 Pages	Available Electronically

Ordinary Council Meeting 23 February 2023

Draft Media Policy

Subject:          Draft Media Policy  

Record No: SU6840 - 76137/22

Division:         Corporate Services Division

Author(s):      Stephen Golding 

Executive Summary

The purpose of this report is to consider a Draft Media Policy developed in line with the NSW Best Practice Governance Polices. The Draft Policy incorporates the provisions as outlined in the NSW Office of Local Government (OLG) Model Media Policy, attached as AT-1.

It is recommended that Council adopt the Draft Media Policy, subject to the outcomes of community consultation.

Background

The NSW Office of Local Government released the Model Media Policy as part of its 22-37 Model Media Policies. This model policy is part of a suite of OLG’s Best Practice Governance Polices and whilst this model policy is not mandatory, it does set out an exemplar approach by incorporating examples of best practice from the media policies of a diverse range of NSW councils, as well as a number of Commonwealth and State Government agencies.

Discussion

Council’s Draft Media policy, attached as AT-2, has been developed based on the NSW OLG Model Media Policy. At the heart of the policy is four “Principles’ of media engagement, those being openness, consistency, accuracy and timelines.

Community Consultation

Statement of Intent

The consultation is designed to elicit any feedback members of our community may have on the matter and report that feedback back to Council for its consideration.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community and community groups	Lane Cove Community
Proposed Medium	eNewsletter	Public Exhibition and Website Exhibition

Conclusion

This policy has been developed to incorporate the NSW OLG Model Media Policy so as to ensure Council is applying local government sector best practice in the area media management.

It is therefore recommended that Council give public notice of its intent to consult on the Draft Media Policy and subject to no submissions being received, adopt the Draft Media Policy.

RECOMMENDATION

That Council:

1.         Provide public notice of its intent to publicly exhibit Council’s Draft Media Policy; and

2.         Subject to no submissions being received, adopt the Draft Media Policy.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View	NSW OLG Model Media Policy	13 Pages	Available Electronically
AT‑2 View	Draft Policy HS-10 Media policy	7 Pages	Available Electronically

Ordinary Council Meeting 23 February 2023

Delivery Program and Operational Plan - 2022/23 Second Quarter Review

Subject:          Delivery Program and Operational Plan - 2022/23 Second Quarter Review  

Record No: SU238 - 75375/22

Division:         Corporate Services Division

Author(s):      Stephen Golding 

Executive Summary

This report outlines the 2022/23 Second Quarter progress towards achieving the projects and activities listed in the adopted 2022/23 Delivery Program and Operational Plan. It is recommended that the report be received and noted.

Discussion

The 2022/23 – 2024/25 Delivery Program and 2022/23 Operational Plan was endorsed by Council on 23 June 2022.

Council’s 2022/23 Delivery Program and Operational Plan outlines the strategies, actions and new initiatives proposed to be undertaken during the financial year in order to advance the goals and objectives of the Community Strategic Plan: Liveable Lane Cove: 2035. The Second Quarter Review of the 2022/23 Delivery Program and Operational Plan is attached at AT-1. The report indicates the responsible work area and includes a short progress report and action status.

Some highlights for the Second Quarter include:-

·    Council’s email sign-off now includes ‘An Acknowledgment of Country’;

·    Continuing to provide a broad range of quality cultural programs including Festival by the River, film screenings and Christmas events. Diwali and Chanukah events were also held in collaboration with local community groups;

·    Exhibition of the revised Disability Inclusion Action Plan (DIAP) for public comment;

·    Acknowledgment of the following days/initiatives: Mental Health Month; International Day of People with Disability; and ‘1-minute silence 4 violence’;

·    The Library provided a range of technology training sessions including: ‘Learn to Love your laptop; Tech Savvy Seniors – intro to tables and iPad; Introduction to 3D printing; and Laser cutting workshop;

·    Completing the St. Leonards mural ‘Bush at Dusk” in Christie Lane;

·    Continuing to promote The Greener Apartments Program via the sustainability e-news. Interest remains strong with 14 strata's registering and three progressing to the next steps of receiving a report;

·    Councils' partnership with RecycleSmart, that provides residents with a pick-up service of tricky to recycle items such as soft plastics and textiles, completed 592 pickups, weighing over 500kg's;

·    Removing a total of 500 square meters of graffiti from 163 sites;

·    Upgrading the Central Park and Tambourine Bay Reserve Toilet Facilities to allow suitable access for all;

·    As part of the Community Nursery Volunteer Program, the volunteers during this quarter potted up to 3,517 new plants and the propagation of 30.5 trays of seed and cutting material;

·    A total of 388 plants from the Community Nursery were installed across 10 Bush Friends sites;

·    The Bush Kids Term Four 2022 program had a total of 14 activities with 436 participants (125 children and 118 adults) at four locations – Gore Creek, Stringybark, Tambourine Bay and Blackman Park; and

·    The Nature Connections Program offered 7 events this quarter, with 113 attendees; activities including Waterbug Blitz, Habitat walk and Frogs and Frog Bogs.

RECOMMENDATION

That the Second Quarter Review of the 2022/23 Delivery Program and Operational Plan be received and noted.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Delivery Program and Operational Plan - 2nd Quarter Review 2022- 2023

206 Pages

Available Electronically

Ordinary Council Meeting 23 February 2023

2022/23 Budget - Second Quarter Review

Subject:          2022/23 Budget - Second Quarter Review  

Record No: SU9002 - 75415/22

Division:         Corporate Services Division

Author(s):      Sarah Seaman 

Executive Summary

The 2022/23 Budget - Second Quarter Review involves a number of variations to both income and expenditure estimates. Taking into consideration the proposed variations from the Second Quarter Budget Review, the projected 2022/23 overall operating result has been revised to a surplus of $11.53M, with the operating result before grants and capital contributions forecast to be a surplus of $0.05M. It is recommended that the Budget be varied in accordance with this report.

Background

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 203 of the Local Government (General) Regulation 2005. The purpose of these reviews is to ensure that the impacts of financial variations are reflected in the forecast of Council’s global budgetary position to 30 June 2023, and the adopted Budget adjusted accordingly.

Discussion

A summary of Council’s revised Budget for 2022/23 and a summary of budget movements have been included in this report:

	Original Budget (000’s)	First Quarter Adjustments (000’s)	Second Quarter Adjustments (000’s)	Revised Budget (000’s)
Expenditure - Operating	55,881	804	683	57,368
Income - Operating	56,184	552	683	57,419
Surplus/(Deficit) before Capital Grants & Contributions	303	(252)	0	51
Income - Capital	10,214	1,265	0	11,479
Surplus/(Deficit)	10,517	1,013	0	11,530

Summary of Budget Movements

Operational Income:

-     $683K Increased Operational Income is made up of:

-      $50K Increase - Operating income for the new car park opening at St Leonards

-      $3K Increase - Operating income for the new library opening at St Leonards

-      $157K Increase – Additional rates revenue from supplementary rates

-      $473K Increase – increased revenue from interest on investments

Operational Expenditure

-     $683K Increase Operational Expenditure is made up of:

-      $154K Increase – Operating costs for the new library opening at St Leonards

-      $56K Increase - Operating costs for the new car park opening at St Leonards

-      $50K Increase – Increased insurance costs for plant and vehicles

-      $170K Increase – Increased costs for tree contracts

-      $93K Increase – Increased costs for domestic waste for RecycleSmart, truck art and disposal fees.

-      $60K Increase – Increased consultants costs for development assessments (large projects)

-      $100K Increase – Increased legal fees for development application appeals.

A copy of all proposed budget adjustments can be found in AT-1.

Conclusion

The following statement, by the Responsible Accounting Officer, is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005.

It is my opinion that the Quarterly Budget Review Statement for Lane Cove Council for the quarter ended 31 December 2022 indicates that Council's projected financial position will be satisfactory at year end 30 June 2023, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

RECOMMENDATION

That the 2022/23 Budget be varied as follows:-

	Original Budget (000’s)	First Quarter Adjustments (000’s)	Second Quarter Adjustments (000’s)	Revised Budget (000’s)
Expenditure - Operating	55,881	804	683	57,368
Income - Operating	56,184	552	683	57,419
Surplus/(Deficit) before Capital Grants &    Contributions	303	(252)	0	51
Income - Capital	10,214	1,265	0	11,479
Surplus/ (Deficit)	10,517	1,013	0	11,530

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT-1 View

Budget Review for the Quarter ended 31 December 2022

11 Pages

Available Electronically

Ordinary Council Meeting 23 February 2023

Property Crime in the Lane Cove Local Government Area

Subject:          Property Crime in the Lane Cove Local Government Area  

Record No: SU129 - 75045/22

Division:         Human Services Division

Author(s):      Susan Heyne 

Executive Summary

The November 2022 Council meeting raised the issue of property crime in the Lane Cove area with recommended actions that included meeting with the North Shore Police Local Area Command to discuss the use of security cameras in catching criminals and options for the protection of property for both residents and businesses over the Christmas period.

The meeting with the Police took place on 19 December 2022. The Police advised that the use of security cameras is not standard practice and that resources could be better used in educating residents and businesses on how to protect their property. 

The police agreed to provide information on tips to protecting property for inclusion in Council’s social media campaign over the Christmas/New Year period.  The information that they provided was shared with the Lane Cove community via Council’s social media platforms in the lead up to Christmas and the holiday period. It is recommended that Council continue to provide information regularly to the Lane Cove Community.

Background

At the Ordinary Council meeting held 24 November 2022, resolved that:

1.   “The General Manager and/or the Mayor discuss at the next North Shore Police Area Command meeting the possible installation of security cameras at the entrance/exit points of our LGA and/or other measures that would assist Police in catching criminals. The Mayor and/or General Manager are to provide a report back, to the following Ordinary Council meeting, including any recommendations for consideration; and

2.   The General Manager contact our local Police and develop and implement an information campaign to provide residents and the business community that assists them in protecting their personal/business property from crime over the Christmas period.”

At the Council meeting held 8 December 2022, the Mayor confirmed that he attended the Police Area Command Community Safety Precinct Committee meeting on 6 December 2022 and at this meeting had a discussion with the Police Inspector about Council’s resolution.

Following the Precinct Committee Meeting the Police Inspector asked that a further meeting be scheduled with relevant representatives of the Police Command and Council. This meeting took place at Council’s Civic Centre on Monday,19 December 2022. The Council resolution and agreed on some actions to implement appropriate actions.

Discussion

On Monday 19 December 2022, the Deputy Mayor, Councillor Merri Southwood and Susan Heyne (Manager Community Services), met with Senior Constable Dominic Trevor and Senior Constable Michael Alexander from North Shore Police Local Area Command. 

The purpose of the meeting was to discuss the possible installation of security cameras at the entrance/exit points of the Lane Cove LGA and/or other methods that would assist Police in catching criminals, and the development and implementation of an information campaign for residents and the business community to assist them in protecting their property over the Christmas period.

The Police advised that the use of cameras at entry and exit points in a specific area is not standard practice.  There are costs involved not only in the installation but also the monitoring and maintenance of the cameras.  The NSW Government has a grant program targeted at small businesses to install Closed Circuit Television (CCTV) however, Lane Cove is not one of the Councils included as an eligible Local Government Area.

Local businesses that do have CCTV cameras installed are able to register their cameras with the police through the police website.

The Police suggested that resources would be better used in other areas that would create better outcomes.  The main area suggested was community education.  Most of the reported crime in Lane Cove is property crime.  Approximately 60% of homes that were broken into in Lane Cove were unlocked and approximately 65% of vehicles where items had been stolen were also unlocked.  The Police suggested that educating the community about locking up their property and other precautions residents and businesses can take would provide better outcomes.  Following on from the meeting the Police provided Council with information on how to protect property and this information was shared with the public through Council’s social media and other communication platforms in the lead up to Christmas and the holiday period.

In regard to the theft of number plates, the Police recommended that Council promote the installation of anti-theft screws which are designed to make removing number plates more difficult.  There have been campaigns in the past to encourage vehicle owners to use the anti-theft screws and Neighbourhood Watch groups have held ‘Safe Plate’ events to change over the screws for local community members.  It was suggested that holding such an event for Lane Cove residents could help reduce the incidence number plate theft.

Conclusion

Lane Cove is generally safe place to live. The Police advised that approximately 60% of homes that were broken into in Lane Cove were unlocked and approximately 65% of vehicles where items had been stolen were also unlocked.

Council’s 2019 Wellbeing survey reported that over 90% of local residents surveyed reported feeling safe in their own home at night and almost 100% of respondents reporting feeling safe at home during the day. Providing information on how residents and businesses can protect their property is one of the best ways to maintain that feeling of safety.

RECOMMENDATION

That Council:

1.         Continue to provide information to the Lane Cove Community about what they can do to protect their property through Council’s newsletter social media and other relevant communication platforms; and

2.         Investigate running a ‘Safe Plate’ event to install anti-theft number plate screws.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 February 2023

Draft Modern Slavery Prevention Policy

Subject:          Draft Modern Slavery Prevention Policy  

Record No: SU6840 - 72573/22

Division:         Corporate Services Division

Author(s):      Stephen Golding 

Executive Summary

Council has commenced a series of reasonable steps to ensure that goods and services procured by and for the council are not the product of modern slavery within the meaning of the Modern Slavery Act 2018 (NSW).

One of these steps is in the form of a Modern Slavery Prevention Policy (AT-1), in which this report seeks Council’s endorsement for public exhibition and community consultation before final adoption by Council.

Background

From 1 July 2022, councils are required to take reasonable steps to ensure that goods and services procured by and for the council are not the product of modern slavery within the meaning of the Modern Slavery Act 2018 (NSW).

“Modern Slavery” is defined in the Modern Slavery Act 2018 (NSW) as any conduct constituting a modern slavery offence within the meaning of that Act and any conduct involving the use of any form of slavery, servitude or forced labour to exploit children or other persons taking place in the supply chains of organisations.

Commencing from the 2022/23 financial year, each council is required to publish in their Annual Reports a statement of the action taken by the council in relation to any issue raised by the Anti-slavery Commissioner during the year concerning the operations of the council and identified by the Commissioner as being a significant issue, and a statement of steps taken to ensure that goods and services procured by and for the council during the year were not the product of modern slavery within the meaning of the Modern Slavery Act 2018 (NSW).

Discussion

This draft policy before Council signifies Council’s commitment to ensuring its operations and supply chains do not cause, involve, or contribute to modern slavery; and its suppliers, relevant stakeholders, and others with whom it does business, respect and share a commitment of minimising the risk of modern slavery.

Community Consultation

Statement of Intent

The consultation is designed to inform the community and provide the opportunity for feedback from members of the community for consideration prior to adoption by Council.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	Website and eNewsletter	Public Exhibition and Website Exhibition

RECOMMENDATION

That Council:

1.         Adopt the Draft Modern Slavery Prevention Policy for the purpose of public exhibition;

2.         Place the Draft Lane Cove Council Modern Slavery Prevention Policy on public exhibition for a period of six (6) weeks and that consultation take place in accordance with the Consultation Strategy outlined in the report; and

3.         Receive a further report following the exhibition period, to consider the final Policy for adoption.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Draft - Policy-CS-15 Modern Slavery Prevention Policy

3 Pages

Available Electronically

Ordinary Council Meeting 23 February 2023

Background to the St Leonards South LEP Site Consolidation Clause

Subject:          Background to the St Leonards South LEP Site Consolidation Clause  

Record No: SU6338 - 5014/23

Division:         Environmental Services Division

Author(s):      Christopher Pelcz; Terry Tredrea 

Executive Summary

Council at its December meeting requested a report on the background into the inclusion of clause 4.6(8)(cb) in the Local Environmental Plan (LEP). In summary, Council proposed within the St Leonards South Precinct that to obtain the Height and FSR incentives including site amalgamation (minimum site area) all variations should be prohibited. However, ultimately the Department of Planning (as delegates for the Minister of Planning) determined not to include the minimum site area in such a prohibition, allowing for applicants to justify variations. It is recommended the report be received and noted.

Background

At its December 2022 meeting, Council resolved to:-

“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”.

The history of the Clause 4.6(8)(cb) for the St Leonard’s South precinct is outlined below.

Council adopted the St Leonard’s South Master Plan for the precinct in July 2015.

The final Draft Planning Proposal was submitted to the then Department of Planning & Environment in May 2016 for a Gateway Determination.

Council as part of the Draft Planning Proposal sought a clause 4.6 prohibition for all the development standards to safeguard them from being varied at the development application stage. The following is an extract from the Planning Proposal (included as AT 1) relating to the 4.6 prohibition:-.

“Note: an addition to clause 4.6 will prevent both Incentive maps and LEP clause from being varied at the future development application stage”.

The Gateway Determination was issued in September 2016 (see AT-2). The determination included a condition requiring Council to prepare a plain English explanation of Council’s intentions for the precinct. Reference is made to the Gateway Determination condition 1{d}.

It is important to note that the Gateway Determination did not grant Council delegated authority to finalise the amendments.

The plain English version (AT-3) included the Clause 4.6 prohibition as well as a simplified version of Council’s intentions for the precinct. This document was drafted by Council and submitted to the Department of Planning for approval.

The approved plain English document was then placed on public exhibition between October 2017 and January 2018 in accordance with the Gateway Determination.

The final Draft Planning Proposal was reported and adopted by Council in May 2020. On 27 May 2020, the final Draft Planning Proposal was submitted to the Department (AT-4) which included the proposed LEP wording (refer to AT 5):

“4.6 Exceptions to development standards

(8) This clause does not allow development consent to be granted for development that would contravene any of the following:

…

(cb) clause 6.10.”

6.10 Incentives for Development in St Leonards South Area

….

3)…

(a) All lots within each of the Areas identified on the St Leonards South Precinct Incentive Floor Space Ratio Map and described in Column 1 of the Table are amalgamated; and

(b) The minimum site area shown for each of the Areas in Column 2 of the Table is achieved; and”

During the period May and August 2020, the wording of the proposed LEP was drafted by the NSW Parliamentary Counsel. During this period several versions of the St Leonard’s South LEP were drafted and referred to Council staff for review.

These drafts were reviewed by Council’s staff and while the content changed several times it was generally consistent with the original intent of the Planning Proposal. It was during this process, that the Department advised that they intended to remove the minimum site area development standard from the Clause 4.6 prohibition.

It was explained to staff that the objective of this change was to prevent the potential situation where the sale of a property could not be agreed to which would prevent the implementation of the LEP. While Council expressed the view that it did not agree with the change, it was advised that this was non-negotiable.

The final version of the St Leonard’s South Local Environment Plan (LEP) Amendment No 25 was gazetted on the 31 August 2020. The LEP included a Clause 4.6 prohibition effectively preventing applicants from seeking to vary the incentive scheme development standards i.e. building height, floor space ratio, public benefit facilities and design excellence provisions only.

As outlined earlier, the gazetted St Leonard’s South LEP exempted the development standard for minimum site area from the clause 4.6 prohibition. 

In relation to development applications generally, where an LEP development standard is proposed to be varied, a development application must include justification to not comply with the development standard as per clause 4.6 of the EPA Act. Given the LEP for St Leonard South does not prohibit minimum lot size variations, an applicant is able to seek to justify non-compliance with the minimum lot size and Council must assess this on its merits and the Planning Panel likewise. Such justification would be based on a typical site isolation scenario. The Land and Environment Court {LEC} has precedents (refer to AT-6) outlining what is reasonable / required by a developer to justify why a site is not being incorporated into an adjacent development, resulting in an isolated site.

The LEC Planning Principle relating to site isolation requires an applicant to:

·    provide documented evidence that a reasonable offer to purchase had been made supported by at least one valuation

·    demonstrate that the subject site is able to be developed

Conclusion

Council’s clause 4.6 prohibition for the St Leonard’s South LEP had been proposed since 2015. It was consistently expressed in all the supporting documents, public exhibition materials, and final draft LEP.

The minimum site area development standard was removed from the prohibition in the gazetted LEP by the Department with the objective to prevent the potential situation where the sale of a property could not be agreed to preventing the implementation of the LEP.

While Council expressed the view that it sought a full prohibition the Department stated that its removal was non-negotiable. Ultimately the power to approve the LEP rested with the Department of Planning (authority was not delegated to Council) and therefore the decision was within their authority. Council had no authority to determine differently.

RECOMMENDATION

That Council receive and note the report.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Amended Planning Proposal - 22 May 2020	26 Pages	Available Electronically
AT‑2 View	Original Gateway Determination (September 2016)	6 Pages	Available Electronically
AT‑3 View	Plain English explanation	1 Page	Available Electronically
AT‑4 View	Council's letter to Department regarding finalisation	9 Pages	Available Electronically
AT‑5 View	Amending LEP Clauses - 21 May 2020	10 Pages	Available Electronically
AT‑6 View	Land and Environment Court Planning Principle - Isolation of Sites	14 Pages	Available Electronically

Ordinary Council Meeting 23 February 2023

Council Snapshot January 2023

Subject:          Council Snapshot January 2023  

Record No: SU220 - 5916/23

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 from December 2022 to January 2023.

RECOMMENDATION

That the report be received and noted.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Council Snapshot January 2023

ATTACHMENT 1

Council Snapshot January 2023

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