Logo Watermark

Agenda

Ordinary Council Meeting

23 March 2023

Council will commence consideration of

all business paper agenda items at 7.00 pm.

LC_WebBanner

Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 23 March 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 - GM

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 March 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.

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 - 23 FEBRUARY 2023

Mayoral Minutes

2. Mayoral Minute - Meeting with Local Governement New South Wales (LGNSW)........................................................................................................................... 4

3. Mayoral Minute - Taking Action Against the Sale of Vaping and E-Cigarette Products to Children and Teenagers Under 18 Years of Age................................................................................................................................... 5

Orders Of The Day

Notices of Motion

4. Notice of Motion - Urgent Action to Address Lack of Bulk Billing General Practices in Lane Cove........................................................................ 7

5. Notice of Motion - Public Reporting of Councillor Briefing and Meeting Attendance................................................................................................ 8

Officer Reports for Determination

6. Sport and Recreation Facility - March 2023 Progress Report.......... 9

7. Melbourne Cup Screening Consultation Outcomes............................. 21

8. Fossil Fuel Advertising and Sponsorship Policy - Consultation Outcomes.................................................................................................................... 25

9. Partial Road Closure - Berry Lane - Community Consultation....... 31

10. Results of the Food Organics Trial............................................................. 35

11. Proposed Voluntary Planning Agreement for Areas 22 and 23 - St Leonards South Precinct................................................................................... 41

12. Traffic Committee - February 2023................................................................. 43

13. 2024 Local Government Elections.................................................................. 44

Officer Reports for Information

14. Council Snapshot February 2023.................................................................... 46

Ordinary Council Meeting 23 March 2023

Sport and Recreation Facility - March 2023 Progress Report

Subject: Sport and Recreation Facility - March 2023 Progress Report

Record No: SU9115 - 13111/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

This report provides an update in relation to the Sport and Recreation Facility project. Subsequent to lodging the Development Application for the eight-court option in late 2022, Council has: sought Expressions of Interest (EOI) for a Construction Contractor to undertake the Major Works; undertaken further detailed design of the building including sustainability objectives; met with stakeholder groups; obtained in principle support for the entry traffic signals; and progressed developing interim arrangements for the Lane Cove Golf Course during construction phase. It is recommended Council proceed with Stage 1 procurement of Demolition, Sediment Control and Bulk Earthworks (Early Works) and Stage 2 procurement of Construction Contractor (Major Works) per the agreed timetable and continue exploring interim arrangements for the Lane Cove Golf Course during construction phase.

Background

This report provides updates on the project since December 2022 and to meet the requirements of Council Resolution 178 of 29 August 2022:

“9. Approves at a Council meeting, the release of tender and RFQ documentation for the 8 court project”.

Council is currently progressing the project in line with the following timetable:-

Activity	Council Res. Req’d	Start	Finish	Status
Selection of preferred option and Community Consultation ‘Fine Tuning’ Concept Design	Yes	Aug-22	Sep-22	Complete
Approval for DA Lodgement	Yes	Oct-22	Oct-22	Complete
Development Application Assessment Period		Nov-22	Mar-23	In Progress
Design documentation to 90% -		Nov-22	Mar-23	In Progress
Tender Specification and Draft Contract preparation		Feb-23	Mar-23	In Progress
Status Report to Council – Proceed to Tender/RFQ	Yes	Mar-23	Mar-23	In Progress
Tender/RFQ Period 1 - Demolition and Sediment Control		Mar-23	April-23
Tender/RFQ Award 1 - Demolition and Sediment Control		Apr-23	Apr-23
Tender Period 2 - Construction		Apr-23	May-23
Tender Evaluation, Tender Award 2 – Construction	Yes	Apr-23	Jun-23
Work Commencement - Demolition and Sediment Control		Jun-23	Jun-23
Detailed Site Investigation Stage 2 and Clearance		Jul-23	Jul-23
Work Commencement - Construction		Aug-23	Jan-25
Commissioning		Feb-25	Mar-25
Opening		Apr-25

This report provides an update on progress since 8 December 2022.

Discussion

Status of the Development Application

The Development Application for the 8-court facility was lodged on the 30 November, 2022. The application is being assessed by an independent assessor (planner) and will be determined by the Sydney North Planning Panel. The independent assessor briefed the panel in relation to the application on 15 March, 2023 and the Sydney North Planning Panel has set a date of Wednesday 3 May 2023 to consider the report from the independent assessor.

Detailed Design Development

Detailed design has been ongoing by AJC Architects and their sub consultants with a view to reaching 80% level design at time of tender for construction. Attached as AT-1 are the developed plans which include the following key changes to the design:-

a. Relocation of the golf pro shop to the north-eastern end of the building, immediately adjacent to the practice putting green, practice nets and first tee.

b. Replacement of the previous pro shop location, with back of house kitchen, dry and cold storage, and interim waste storage for the food and beverage areas located above.

c. Relocation of the golf maintenance workshop to underneath outdoor courts 1. and 2, in an area that was previously a void.

d. Inclusion of new stairs (with adjacent lift access) to provide a separate access from the car park to the southern end of the multipurpose rooms, including loading area for performance.

e. Expansion of the kitchen area on the main level, including the inclusion of a ‘hole in the wall’ for serving cafe takeaway items.

f. Inclusion of outdoor seating on outdoor court four at the north-eastern end.

g. Inclusion of shade protection to all four outdoor court seating areas.

h. Refinement of the proposed acoustic solution between indoor courts one and two and the multipurpose spaces has been undertaken by two separate acoustics consultants to determine the most appropriate treatment. The solution involves noise source controls within the sports halls, acoustic rated glass between the courts and the central corridor, and the incorporation of joinery in the multi-purpose rooms to create a ‘double skin’. This new joinery also provides for storage of the dividing acoustic operable walls and some furniture.

The acoustic consultants indicate “The inclusion of these acoustic treatments provides a combined acoustic reduction of approximately 60-65 dB(A) between the sports courts and multi-purpose rooms. With reference to the noise levels produced by the sports courts (90 dB(A)), any noise which may be transmitted between the spaces would be at a relatively low level (approximately 30 dB(A)), which is below the lower end of typical recommended indoor design noise level ranges. For example typical mechanical noise levels in an air conditioned room would be 40-45dB(A). As a comparison, the separation typically provided between two high quality video conferencing rooms would be a 45-50dB(A) sound reduction.”

Stakeholder Feedback

Lane Cove Golf Club Operations

Council met with three representatives of the Lane Cove Golf Club, Course Operator and Golf Coach on Thursday 2 March to provide an update on design and acoustics.

The group was very supportive of the changed location of the golf pro-shop and support the other detailed design changes and acoustic solutions. A large part of the discussion related to interim operation of the course during construction, which is discussed later in the report.

‘Save the Dance Floor’ Group

Council met with 5 representatives of the Save the Dance Floor Group on Monday 6 March to provide an update on design and acoustics from AJC Architects (AJC) and Acoustic Logic respectively.

The group was generally supportive of the detailed design changes and acoustic solutions and expressed the following preferences in respect of the multi-purpose rooms:-

· all the multi-purpose rooms be set to timber sprung flooring with a carpet overlay.

· If only one multi-purpose room was to be a timber sprung floor, it should be room 3 at the southern end of the multi-purpose space.

· The room layout should be designed based on the portable stage being positioned in the middle (east west alignment) of multi-purpose room 3.

· There should be appropriate levels of community access to the spaces.

AJC Architects remain of the opinion that carpet is the best flooring for the multi-purpose rooms to provide acoustic benefit within the space and offer maximum flexibility and amenity for a range of users, in line with the various functional requirements that have been described. Further, the use of a portable dance floor and portable stage provides configuration flexibility in terms of individual events or if separate/simultaneous events are conducted. In addition, a timber sprung floor for dancing (and other activities) is to be provided in the mezzanine level of more than 300sqm.

Recreation Precinct Advisory Committee (RPAC)

The RPAC met on Thursday 9 March to receive an update on design and acoustics and to discuss “Interim Arrangements for the Lane Cove Golf Course During Construction Phase”.

Sustainable building that aligns with good practice design principles of local and international environmental standards as specified by consultants Steensen & Varming;

Steensen & Varming have provided a presentation to Councillors which established the following priorities to guide the initiatives to be incorporated into the project.

Guided by the priorities, initiatives in the following areas are being targeted: Lead by Example; Health; Natural Environment; Commitment; Community; Built Environment; and Resilient

Steensen & Varming have been working in collaboration with the design team to ensure the detailed design documentation addresses the priorities and nominated initiatives through specifications/drawings/reports.

Steensen & Varming will also be retained throughout the project to provide continued design advice, refining the details, tracking progress, and confirming compliance of the design to achieve the environmental outcomes.

Facility Road Access

Council has obtained in principle support from Transport for NSW for the installation of traffic signals on River Road, refer AT-2. The traffic signals costs are included in the overall project budget.

Procurement

A non-binding Expressions of Interest for the Construction Contractor (Major Works) was issued in late January 2022, this is the first stage in a two-stage procurement strategy. Council received 17 responses from suitably qualified construction firms. A copy of the Evaluation Committee report and probity auditors report has been circulated separately to Councillors on a confidential basis. The report recommends five contractors be invited to tender should Council proceed to construction. In the event the recommendation to this report is supported, the names of the five contractors will need to be incorporated into the Council resolution.

An Early Works scope is currently under development. Initially this was planned to be for Demolition and Sediment Control, however it is now proposed to extend the contract to cover bulk earth works. The relevant contactor will ultimately be novated to the Major Works contractor, however separate early engagement will ensure the project can meet the timetable. Unlike the Construction Contractor procurement, this component of the will be undertaken via quotations from contractors who are pre-vetted and included on the contactors panel developed by Local Government Procurement.

The adopted program includes obtaining 80% design documentation for tendering by the end of April. A further briefing on the detailed design elements including the Sustainability elements can be provided to Councillors at the April Councillor workshop, prior to release of the tender for Major Works.

Interim Arrangements for the Lane Cove Golf Course During Construction Phase

As outlined, Council staff met with the Lane Cove Golf Club and incumbent management for golf operations and coaching (golf stakeholders) on 2 March to discuss the following options as reported at the October 2022 Meeting:-

1. Retain a fully operational Golf course with a modified 9 hole layout;

2. Retain a limited operation Golf course with a less than 9 hole layout;

3. Not operate a golf course, maintain the general course condition to minimise reactivation costs post construction and allow general community access in the interim.

Post the December 2022 Council Meeting, Lane Cove Golf Club developed a temporary alternate golf course layout concept which was the platform for discussion (prior to 2 March) with golf stakeholders plus Green Options, who are the incumbent Golf Course maintenance contractor. In each of the 3 options outlined above, Council sought to understand what frequency, equipment (including storage) and cost was associated with course maintenance during construction phase.

In terms of an interim course layout (revised hole routing), the key issue remains being the provision of suitable temporary parking should Options 1 and 2 be pursued., Council recognises that providing “suitable temporary parking” may cause inconvenience to local residents.

To this end, and with a possible routing solution of the 3^rd hole becoming the 1^st hole (Gamma Road corner of the course) that includes a small pro shop structure placed at the rear of the tee, Council invited 82 residents from Gamma, Alpha, Beta, Delta and Zeta Roads to a “Resident Forum” on Tuesday 7 March, which was attended by 23 residents. Council proposed the option of converting grass lands in Gamma Park into a temporary car park that could accommodate 45-50 vehicles. This was not well supported, with an on street parking strategy preferred if the proposal is to be further considered. Attendees also raised the issues with existing traffic and parking, Other suggestion were proposed by participants such as spreading the parking with on street in Second / Third Avenue; River Road and Dorritt Street/Phoenix Street or the creation of a car park on the 5^th fairway; a shuttle bus from the village; and a “shotgun” start for member competition to spread the parking needs.

Based on the feedback, Council staff will now investigate the other suggestions raised, with a view to submitting a further report to the April Council Meeting.

Conclusion

Council is on schedule to deliver the project per the adopted timetable.

The Office of Sport Grant Funding is predicated upon Council commencing construction before the

end of June 2023. On this basis, it is necessary to commence as soon as possible the Stage 1 procurement of a Demolition, Sediment Control and Bulk Earthworks contractor (Early Works) and Stage 2 procurement of a Construction Contractor (Major Works), with five contractors selected from the Expression of Interest process.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Endorse the updated design for the Sport and Recreation Facility, included as AT-1;

3. Proceed with Stage 1 procurement of a Demolition, Sediment Control and Bulk Earthworks contractor (Early Works) and Stage 2 procurement of a Construction Contractor (Major Works), with five contractors selected from the Expression of Interest process;

4. Request a further briefing on the detailed design elements be provided to Councillors at the April Councillor workshop, prior to release of the tender; and

5. Receive a further report to the April Council meeting on the interim arrangements for the Lane Cove Golf Course during the construction phase.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View	Revised Lane Cove Sport and Recreation Plans - 15032023	4 Pages	Available Electronically
AT‑2 View	TfNSW In Pronciple Support for Traffic Signals	2 Pages	Available Electronically

Ordinary Council Meeting 23 March 2023

Melbourne Cup Screening Consultation Outcomes

Subject: Melbourne Cup Screening Consultation Outcomes

Record No: SU9049 - 10756/23

Division: Human Services Division

Author(s): Julia Phipps

Executive Summary

The Melbourne Cup horse race is broadcast on large outdoor screens in The Canopy and Lane Cove Plaza each year in November. In September 2022, Council resolved to undertake community consultation regarding the ongoing screening of the Melbourne Cup.

The consultation period was open from 28 October to 19 December 2022. During this time, Council received a total of 313 responses received via survey (249 responses), email (3 responses) and a petition (61 responses). In total :-

· 116 respondents Yes (37%), ‘stop screening the Melbourne Cup’’

· 197 respondents No (63%), ‘continue screening the Melbourne Cup’’

In addition, as part of the survey respondents were requested to identify alternate activities that could be undertaken on Melbourne Cup day, with are outlined below. It is recommended Council determine whether to continue screening the Melbourne Cup.

Background

At its meeting on 29 September 2022, Council resolved that it:

1. Undertakes Community Consultation to ascertain whether the community would support Council no longer screening, promoting, or advertising the Melbourne Cup at The Canopy stage, The Plaza, or other Council open spaces from 2023 onwards; and

2. Investigates opportunities for other events or activities in the plaza on Cup Day that better align with community and family values, and help drive business/trade in the plaza

A community survey was initially published on 28 October 2022 with the wording subsequently amended based on feedback received. The initial survey ran from 28-31 October 2022 and the updated survey was published on 31 October with consultation ending on 19 December 2022. For clarity, the responses to the two surveys have been outlined separately in the discussion below.

Discussion

Survey One – 28 - 31 October 2022

Survey one consisted of two questions and received a total of 43 responses.

Question 1:

· Do you want the Melbourne Cup horse race banned from being screened in public spaces in Lane Cove?

o 25 responded yes (58%,) ‘‘stop screening the Melbourne Cup’’

o 18 responded no (42%), ‘continue screening the Melbourne Cup’

Question 2:

· What other events or activities would you like to see in Council's spaces?

The suggestions received for other events or activities have been collated below with the number of responses related to that item provided in brackets, noting that some people provided more than one suggestion:

· Music / Performance / Theatre (15)

· Fundraising / Awareness / Community Groups (7)

· Markets / Food Festival (5)

· Movies (4)

· Cultural / Indigenous Events (4)

· Art Fair (3)

· Sporting Events (3)

· Games / Family Entertainment (3)

Two of the responses noted they were happy with the current number of events.

A number of the comments received related to the screening of Melbourne Cup:

· Promotes animal cruelty (7)

· Promotes gambling (7)

· Supportive of Melbourne Cup screening (4)

· Melbourne Cup is an Australian tradition (1)

· Melbourne Cup is an international event (1)

· Provides economic benefit to local business (1)

Survey Two – 31 October – 19 December 2022

Survey two consisted of three questions and received a total of 206 responses.

Question 1:

· Do you support Council no longer screening, promoting, or advertising the Melbourne Cup at The Canopy stage, The Plaza, or other Council open spaces from 2023 onwards?

o 88 responded yes (43%), ‘stop screening the Melbourne Cup’’

o 118 responded no (57%), ‘continue screening the Melbourne Cup’

Question 2:

· What other events or activities could feature in The Plaza on Cup Day that better align with community and family values, and help drive business/trade in The Plaza?

· No Activity / Event (64)

· Games / Family Entertainment (26)

· Music / Performance / Theatre (18)

· Fundraising / Awareness / Community Groups (17)

· Markets / Food Festival (7)

· Fashion Event (6)

· Cultural / Indigenous Events (2)

· Art Fair (4)

· Mobile Betting (4)

· Movies (3)

· Sporting Events (2)

· Free Drinks (2)

A number of the comments received related to the screening of Melbourne Cup:

· Supportive of Melbourne Cup screening (64)

· Promotes gambling (10)

· Promotes animal cruelty (7)

· Provides economic benefit to local business (7)

· Melbourne Cup is an Australian tradition (1)

· Allow businesses to decide (1)

Question 3:

· What is your postcode?

o 170 respondents were in postcode 2066

o 26 respondents were in postcode 2065

o 10 respondents listed other postcodes

Other Submissions Received

The community consultation also provided residents with the opportunity to submit written feedback regarding the screening of Melbourne Cup.

During the consultation period, Council received four emails. Three of these were against the screening of Melbourne Cup, citing reasons related to the promotion of gambling and animal cruelty and one email provided feedback on the survey itself. Two of the emails suggested other cultural activities such as Diwali or an Indigenous event.

On 1 November 2022 Council received a petition “to ask Lane Cove Council to keep the screening of the Melbourne Cup next year.” The petition had 61 signatures.

Results Summary

Overall, Council received a total of 313 responses to the community consultation via survey (249), email (3) and a petition (61).

· 116 respondents Yes (37%), ‘stop screening the Melbourne Cup’

· 197 respondents No (63%), ‘continue screening the Melbourne Cup’

In addition to the feedback collected during the community consultation, further information is provided below regarding previous years’ attendance at the Melbourne Cup screening. The below is an approximate headcount of people watching the screening in either The Canopy or The Plaza and does not include patrons of local businesses, e.g. restaurants.

Melbourne Cup attendance (excluding restaurants):

· 2022 – 80 people

· 2021 – 150 people

· 2020 – no screening due to COVID-19

· 2019 – 200 people

Conclusion

As shown in the survey results above, respondents provided a variety of ideas for alternate events or activities that could take place in the Plaza on Melbourne Cup Day. Once a decision has been made by Council regarding the future screening of Melbourne Cup in the Plaza, further investigation can take place should screening not proceed, with a report to come back to Council outlining proposals.

RECOMMENDATION

That Council:-

1. Receives and note the survey results; and

2. Determines how to proceed screening or not screening the Melbourne Cup horse race.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 March 2023

FOSSIL FUEL ADVERTISING AND SPONSORSHIP POLICY - CONSULTATION OUTCOMES

Subject: Fossil Fuel Advertising and Sponsorship Policy - Consultation Outcomes

Record No: SU9050 - 8901/23

Division: Human Services Division

Author(s): Julia Phipps

Executive Summary

Council undertook community consultation from 20 October 2022 until 1 December 2022 and received a total of 29 responses during the consultation period. A summary of the community feedback is included in this report. 66% of respondents were supportive of Council banning developers from sponsoring Council events and 67% were supportive of Council banning fossil fuel companies from sponsoring Council events.

Council officers have investigated and conformed the Sponsorship Policy and Purchasing Policy can be updated to ban fossil fuel companies from sponsoring Council events or advertising on Council assets (for new contracts).

As a result of the potential financial impact of banning developer sponsorship of events or activities, Council will need to determine if it wishes to update the ‘Principles for Seeking Sponsorship’ to include a ban on sponsorship arrangements with property developers. Council also needs to give consideration to expanding the ‘Principles for Seeking Sponsorship’ to include a ban on other potential sponsor groups.

Background

Council at its meeting of 29 September 2022, resolved that:-

“Council undertakes community consultation in accordance with its Community Engagement Policy in relation to the following amendment to Council’s Sponsorship Policy:

a. To include in 4.2 Principles for Seeking Sponsorship the following additional principle:-

‘Council shall not enter into sponsorship arrangements with property developers as defined in Section 53(1) of the Electoral Funding Act (NSW) 2022’.

b. Expand the Sponsorship Principles to include banning other potential sponsor groups, upon recommendations by Council staff after the results of community consultation.”

At the same meeting on 29 September 2022, Council also resolved:

1. “To note that:

a. In 1992, Australia passed national laws that banned advertising of tobacco products because smoking was harmful to the health of people. Advertising these products was linked to an increase in tobacco use. Because of this, Council restricts the advertising of tobacco and other harmful products on Council controlled land and events;

b. Coal, oil and gas are affecting our health, environment and climate. Air pollution from burning fossil fuels takes 8.7 million lives prematurely each year – more than tobacco. An estimated 150,000 people are dying due to climate change impacts every year;

c. The launch of the ‘Fossil Ad Ban’ community campaign, calls for a tobacco-style bans on advertisements and sponsorships for fossil fuels including coal, oil and gas;

d. Fossil fuels are the primary cause of global warming, which is impacting our LGA in the form of more intense and frequent heatwaves, storms, bushfires, floods and droughts; and

e. An open letter from health professionals and organisations across Australia are calling on councils and other Australian lawmakers to end promotions for coal, oil and gas, on the basis that these fossil fuels are damaging for our health, environment and the climate.

2. That the General Manager:

a. Investigate updating Council’s Purchasing Policy to include wording such as ‘“Avoid promoting or advertising products that pollute soils, air and waterways or are harmful to the climate, such as fossil fuels” To restrict any future contracts from permitting advertising of fossil fuels on any Council controlled signage or property; and

b. Investigate updating Council’s Sponsorship Policy to include wording such as ‘“The sponsoring organisation’s main business should not be the extraction, distribution or sale of fossil fuels.” to ensure Council does not accept sponsorships from companies whose main business is the extraction or sale of coal, oil or gas.

3. That the Mayor be requested to:-

a. Write to the Federal Minister for Communications, The Hon Michelle Rowland MP, to ask the Federal Government to pass national laws that restrict fossil fuel advertising; and

b. Write to the Minister for Digital Government and Minister for Customer Service, Victor Dominello requesting the NSW Government impose restrictions on fossil fuel advertising.”

This report provides feedback on the outcome of the consultation and proposed changes to the Sponsorship and Purchasing Policy.

Discussion

Community Consultation Outcomes

As part of the consultation strategy a survey was published on 20 October 2022 and available online until 1 December 2022. In November the survey was updated to include a question on the respondent’s postcode, with all respondents who provided this information entering 2066. The survey was published to Council’s website, social media channels and featured in the e-newsletter.

During the consultation period a total of 26 responses to the survey were received as well as three written submissions via email.

Survey Results

The survey comprised six questions. The first four questions asked for a yes or no response to banning sponsorship from developers or fossil fuel companies of either Council events or Council-owned advertising as well as banning other companies from sponsoring Council events.

Questions 1-4

Q1 Should Council ban developers from sponsoring Council events?

Q2 Should Council ban fossil fuel companies from sponsoring Council events?

Q3 Should Council ban fossil fuel companies from advertising on Council-owned advertising signage e.g. bus shelters?

Q4 Should Council ban other companies/groups from sponsoring Council events?

16 yes (62%)

17 yes (65%)

13 yes (50%)

10 no (38%)

9 no (35%)

13 no (50%)

Question 5

Respondents were then asked to elaborate if they answered yes to question four (‘Should Council ban other companies/groups from sponsoring Council events?’)

The responses have been collated below, with a number provided in brackets where multiple respondents have provided the same response, noting that some respondents provided more than one suggestion:

· Gambling organisations / venues (5)

· Alcohol companies / venues (3)

· Tobacco / cigarette companies (2)

· Religious organisations / venues

· Fast food companies

· Fossil fuel industry

· Extremist or racist groups / associations

· Social media influencer company

· Media and social media organisations that spread misinformation or fail to act upon the spreading of misinformation and disinformation

· Companies not complying with Council policies, e.g. on the use of plastics

· Companies causing harm to the environment

· Groups that don’t align with Council and the community’s values, e.g. a company associated with modern slavery

· Not-for-profit groups that promote their own values and views

· Companies with a track record of causing harm to minority groups and populations

Question 6

The final question allowed respondents to provide any other comments or thoughts. A snapshot of these responses has been provided below:

Supportive of a ban on developer sponsorship to avoid conflicts of interest.

Consider including locally based companies as an exemption to allow them to make a positive contribution to the community where they have an impact.

Council should have an independent and clear policy on sponsorship.

Great initiative.

Consider confirming with Ooh Media their policy on advertising by fossil fuel companies and potential changes.

How will Council make up the funding shortfall for events if developer sponsorship is banned?

Give consideration to the kind of advertising allowed based on location, e.g. no advertising in council produced material in newspapers and other high-profile.

Council must be seen to be transparent, balanced and independent from influence by companies and political interest groups.

Give consideration to different sets of principles regarding by for-profit companies, political groups and not-for -profit associations and groups.

Written Responses

Three sumissions were received during the consultation period:

· Stringy Bark Creek Residents’ Association is opposed to council receiving sponsorship from developers, due to a potential conflict of interest.

· Lane Cove North Residents’ Association encouraged a wide consultation and highlighted that developer sponsorships have been contentious in the past.

· A Lane Cove North resident responded that Council should not enter into sponsorship agreements with developers and not receive advertising or sponsorship from fossil fuel companies. The resident also urged Council to consider conflicts of interest when taking other types of sponsorship.

Consultation Summary

The below provides a summary of the consultation outcomes using combined feedback from the survey responses (26) and written submissions (3).

Q1 Should Council ban developers from sponsoring Council events?

- For: 66%

- Against: 34%

Q2 Should Council ban fossil fuel companies from sponsoring Council events?

- For: 67%

- Against: 33%

Q3 Should Council ban fossil fuel companies from advertising on Council-owned advertising signage e.g. bus shelters?

- For: 50%

- Against: 50%

Q4 Should Council ban other companies/groups from sponsoring Council events?

- For: 50%

- Against: 50%

Current Arrangements

As listed in the 2020/21 Annual Report, Council received the following sponsorship:

Sponsor	Amount (ex GST)	Received for
Hyecorp Property Group	$10,000	Lane Cove Festival
Four Frogs Creperie Lane Cove	$1500	Lane Cove Festival
BlueFit	$1500	Lane Cove Festival

Based on the proposed changes to the policy, Council would have received two sponsorships totalling $3,000 as a result of banning sponsorship by property developers.

Council leases its bus shelter advertising signage to Ooh Media. There are 62 bus shelters with signage that have been leased to Ooh Media until 2035. The proposal to ban fossil fuel advertisers would be apply to future agreements, it would not change the current contract. Ooh Media have indicated that they do not have significant amounts of advertising relating to fossil fuels.

Purchasing Policy Update

Based on the results of the community consultation and following investigation, the below wording is proposed to be updated in section 4.2 (Sustainability) of Council’s Purchasing Policy to restrict any future contracts from permitting promotion or advertising of products that pollute soils, air and waterways or are harmful to the climate, such as fossil fuels:

“4.2 Sustainability

Council acknowledges that its purchase of products and services has an impact on the economy, society and the environment. Council will integrate sustainability into all relevant aspects of the procurement process.

Competitive procurement practices offer the opportunity to incorporate sustainability into the purchasing process in a systematic manner, to embed sustainability in the contract term, and to request data from suppliers to help Council to determine the impact on the environment of its participation in the market through purchases.

Wherever practical, Council officers will incorporate the following goals into purchasing strategies:

· Minimise unnecessary purchasing

· Minimise waste by making product purchases that maximise recycling at the end of product life

· Avoid purchasing products that risk pollution to soils, air and waterways or may be harmful to ecosystems

· Avoid promoting or advertising products that pollute soils, air and waterways or are harmful to the climate, such as fossil fuels

· Include environmental and social impacts in assessing value for money over the life of a product”

Sponsorship Policy Update

Based on the results of the community consultation and following investigation, the below wording is proposed to be updated in section 4.2 (Principles for Seeking Sponsorship) of Council’s Sponsorship Policy to ensure Council does not accept sponsorships from companies whose main business is the extraction, distribution or sale of fossil fuels:

“4.2 Principles for Seeking Sponsorship

Sponsorship proposals must be assessed against the following criteria:

· The sponsoring organisation must provide the best value;

· The sponsoring organisation’s objectives should not conflict with Council’s values;

· The sponsoring organisation must agree to the sponsorship benefits offered;

· The sponsoring organisation must not be involved in conflict with Council;

· The sponsoring organisation’s main business should not be the extraction, distribution or sale of fossil fuels;

· The sponsoring organisation’s capacity to fulfil its sponsorship obligations;

· The sponsorship arrangement must benefit both parties; and

· The sponsorship agreement’s compliance with Council's Sponsorship Policy.”

As a result of the potential financial impact of banning developer sponsorships, Council will need to determine if it wishes to update the ‘Principles for Seeking Sponsorship’ to include a ban on sponsorship arrangements with property developers.

Council also needs to give consideration to expanding the ‘Principles for Seeking Sponsorship’ to include a ban on other potential sponsor groups. The community consultation indicates support for the banning of sponsorship by companies associated with gambling, alcohol or tobacco. It is therefore proposed to extend the ban to include these industries.

Ministerial Correspondence

Council also resolved at its meeting on 29 September 2022 to write to the Federal Minister for Communications, The Hon Michelle Rowland MP, to ask the Federal Government to pass national laws that restrict fossil fuel advertising; and to the Minister for Digital Government and Minister for Customer Service, Victor Dominello requesting the NSW Government impose restrictions on fossil fuel advertising. Both letters were sent on 24 November 2022.

Conclusion

Council conducted community consultation from 20 October 2022 until 1 December 2022 and received support for amendments to its Sponsorship Policy to ban sponsorship from property developers and fossil fuel companies. Community feedback regarding advertising from fossil fuel companies on Council-owned signage was evenly split and would not affect existing contracts. The community also provided a number of responses indicating support for the banning of sponsorship from companies associated with gambling, alcohol or tobacco.

RECOMMENDATION

That Council:-

1. Receives and notes the results of the community consultation on Fossil Fuel Advertising and Sponsorship Policy;

2. Determine whether to expand the ‘Principles for Seeking Sponsorship’ in Council’s Sponsorship Policy to include a ban on sponsorship arrangements with property developers;

3. Determine whether to expand the ‘Principles for Seeking Sponsorship’ in Council’s Sponsorship Policy to include a ban on other potential sponsor groups such as companies whose main business relates to gambling, alcohol, or tobacco;

4. Endorses the update to Council’s Purchasing Policy to include the wording ‘“Avoid promoting or advertising products that pollute soils, air and waterways or are harmful to the climate, such as fossil fuels” to restrict any future contracts from permitting advertising of fossil fuels on any Council controlled signage or property; and

5. Endorses the update to Council’s Sponsorship Policy to include the wording ‘“The sponsoring organisation’s main business should not be the extraction, distribution or sale of fossil fuels” to ensure Council does not accept sponsorships from companies whose main business is the extraction or sale of coal, oil or gas.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 March 2023

Partial Road Closure - Berry Lane - Community Consultation

Subject: Partial Road Closure - Berry Lane - Community Consultation

Record No: SU8525 - 13112/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council considered a report at its December 2022 meeting in relation to the proposed Partial Road Closure of Berry Lane. This report outlines the outcomes of the Community Consultation and Public Notification under Section 38B of the Roads Act 1993 for the partial road closure (southern end) of Berry Lane. No valid objections were received to the closure and it is therefore recommended the closure proceed.

Background

Council at its meeting of 8 December, 2022 considered a report “Proposed Partial Road Closure - Berry Lane” and resolved:-

“1. Receive and note the report;

2. Commence undertaking Community Consultation and public notification for the partial closure of the southern end of Berry Lane, as outlined in the report subject to the inclusion of the inclusion of adjoining property owners and adjacent property owners on River Road;

3. Will include in the consultation material:-

a. details of arrangements to ensure that residents of Park Road with rear access to their properties via Berry Lane will be guaranteed access to the rear of their properties during and after the closure of the southern end of Berry Lane; and

b. an indication of the timing of the proposed closure.

4. Receive a further report on the outcome of the Community Consultation and it be submitted to Council for a decision on the road closure;

5. Subject to the partial closure of the southern end of Berry Lane proceeding, indicate to the developer its intention to undertake a land swap in respect of Area 22 (for the equivalent land on the Park Road frontage), and land sale in respect of Area 23 at market value; and

6. Receive a further report should the closure proceed in relation to any proposed land swap and/or sale transaction.”

This report outlines the outcomes of the community consultation.

Discussion

Under Council’s adopted Development Control Plan (DCP) for the St Leonards South Precinct, Council has planned to “Close Berry Lane and incorporate into development sites”. As Berry Lane is currently used to access the rear of properties and for the collection of garbage it is proposed to implement this plan over a period of time as redevelopment occurs.

Council is currently in receipt of a Development Application for the southern end of Park Road/Berry Road known as areas 22 and 23 in the Lane Cove LEP. It is therefore proposed at this stage to only seek to close the southern end of Berry Lane, from 26 Park Road / 27 Berry Road to the intersection of River Road (depicted as the Road shaded in red in Figure 1 below).

If the partial road closure proceeds, it is proposed to provide temporary traffic arrangements to facilitate existing access to the remaining properties by provision of a turning solution (“hammerhead design”) enabling vehicles including waste vehicles to safely turn around and exit at the northern end of Berry Lane.

Figure 1 – Proposed Section of Road to be Closed

This is the first stage of two whereupon Council will replicate this process to close the northern end of Berry Lane in proximity to Area 21, when access is no longer required.

Council undertook consultation as prescribed under Sections 38A, 38B and 38C of the Roads Act. The results of the consultation are as follows:-

Notifiable Authorities.

No objections were received to the partial close, however Ausgrid advised that “Ausgrid has streetlighting assets consisting of poles, brackets, luminaires and overhead conductors connected to the Ausgrid network in the section of Berry Lane proposed to be closed. Ausgrid requires a right of way along the existing road to access our assets. Ausgrid requires a 3m wide easement from the eastern boundary to protect our assets.”

Response

On the basis that these assets (lighting) are not required in future, Council can register an easement providing access to Ausgrid for the removal of said assets whereupon Ausgrid would release the easement back to Council post removal.

Public Submissions

Below is a summary of the eight (8) public submissions received:

· “I currently use Berry Lane to exit and enter my property because my garage backs on to Berry Lane. This proposal, to close Berry Lane at the River Road end, will take away from me the ability to enter and exit me property onto River Road. Reducing the lane to just one exit will mean that any traffic will have to find another route that may cause another road to have traffic congestion or just general inconvenience. Inconvenience to the remaining residence is what I want to highlight here”.

· “It is bad enough, the relentless overdevelopment of the St Leonards precinct which will inevitably result in further overcrowding and severe lack of parking. This will affect residents and businesses. And now the Council wants to close roads to facilitate even more overcrowding. This has not been well thought out by Council who fail to realise that this type of development will overburden the already stretched infrastructure surrounding”.

· “I object to this closure and urge council not to proceed with the partial closure as this will be a discretionary action not fully reflective of the community wishes or have any logic other than to incorporate the closure as part of the development site; which is a gain and a benefit to the developer and a great loss to the residents of the area.”

· “I object strongly to the proposed closure of Berry Lane. Berry Lane extends deep in St Leonards South Road network and it is critical to remain open, operating as is. The closure will have outcomes that are unsupportable and in favour of the DA at the expense of the residents. Most importantly the southern side of the lane has an impact on the whole lane, Berry Road, Park Road, Pacific Highway and medical centre that backs onto Berry Lane. Closure of the southern end of Berry Lane results in a serious disadvantage to Berry Lane and Berry Road residents with driveways not easily accessible. Their way of life will change to the worst as they become isolated”.

· “No development should be allowed to proceed until the owners have been compulsorily acquired and are free to vacate their land. It is unreasonable and unfair to expect us to put up with the noise, dust and disturbance of the development, in addition to the considerable uncertainty and disadvantage to us occasioned by Council’s compounding procedural failures in relation to the acquisition process.”

· “The partial closure is not an acceptable outcome for the residents of Berry Road and Park Road. This closure will involve a redirection of vehicles and pedestrians as well as the obstruction of vehicles access and driveways, in turn impacting traffic across several streets. It is important to note that not all the houses on Berry or Park Roads will be sold to developers, hence these houses will be isolated and impacted. The houses on Park Road use the Berry Lane for garbage collection and as a way to access their garages. Accordingly, the partial closure of the road will make these houses isolated and not able to be liveable. Berry Lane is a major exit for a number of houses and these residents will be impacted as Berry Lane is their rear access. This will include services, garbage trucks and tradesmen. As such the closure should not be endorsed. No genuine assessment has been carried out for the effect of the closure”.

· “Most concerning problem is that vehicular access to my garage would be blocked eventually. The proposed road closure would create a cul-de-sac that is inconsistent with good traffic engineering principles and fails to meet all the guidelines prescribed by “Street

Design Guidelines”. Assessment by the local Traffic Committee has not been done, it impedes access for emergency vehicles and there is no legal right to use private land for the hammerhead proposal”.

· “I support the partial closure of Berry Lane as proposed by Lane Cove Council. This will enable the development to the South to proceed.”

Response

Council’s adopted Development Control Plan (DCP) for the St Leonards South Precinct guides the future road network in the St Leonards South precinct which was the outcome of extensive strategic planning and consultation. The objections raised are contrary to the future road network pattern in the precinct. The inclusion of the interim proposed traffic turning solution (“hammerhead design”) enables vehicles, including waste vehicles to safely turn after collecting waste before ultimately exiting the northern end of Berry Lane during the construction phase for Areas 22 and 23, thus minimising impacts in the short term. There is no specific requirement for a lane way or any road to be a through lane/road.

Conclusion

Per Council’s adopted Development Control Plan (DCP) for the St Leonards South Precinct, it is recommended Council proceed with the partial Closure of Berry Lane.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Note that Council has considered all submissions that have been duly made with respect to the road closure proposal following public notification and consultation with respect to the road closure proposal; and

3. Council formally resolves to close that part of Berry Lane (Southern End), commencing at a point aligned with the Northern Boundary of 26 Park Road and 27 Berry Road, St Leonards and terminating at the intersection with River Road.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Berry Lane Partial Road Closure Notification - Final

3 Pages

Available Electronically

Ordinary Council Meeting 23 March 2023

Results of the Food Organics Trial

Subject: Results of the Food Organics Trial

Record No: SU8078 - 13371/23

Division: Environmental Services Division

Author(s): Bernadette Riad

Executive Summary

In September 2020 Council received funding from the NSW EPA as part of their Alternative Waste Technology (AWT) transition funding package for councils affected by the revocation of the Resource Recovery Orders and Resource Recovery Exemptions for the application of Mixed Waste Organic Outputs (MWOO) as a soil amendment on agricultural, mining rehabilitation and forestry land.

Council utilised this funding to work with NSROC, Ryde Council, Willoughby Council, Ku-ring-gai, and Hunters Hill to trial food waste collection services with the intent of understanding the amount of food waste which could be recovered from different dwelling types and the degree of contamination that could be expected in such a service.

As part of the trial, participating households were provided with a kitchen caddy and compostable bags (to separate and store their food waste within the home), and a small ‘food waste only’ bin which was collected weekly on their normal collection day. The trials commenced in February 2022 and ran for a period of 14 weeks, ending in June 2022.

The results found significant variations in both the capture of food waste and contamination levels between the different household types. Low rise developments in Meadowbank (Ryde) generally demonstrated the lowest collection weights, with average weekly collections of only 0.55kg/hh/wk and contamination levels of 30%. At the other end of the scale, stand-alone houses in Lane Cove North recorded an average weekly collection of 1.99kg/hh/wk and contamination of only 4.8%.

The learnings and data from this research provide a valuable baseline for Counci’s next steps in planning for a future rollout of a food organics service which will be necessary to comply with NSW Government’s organics mandate.

Background

In September 2020 Council, along with a number of other NSROC Councils, received funding from the NSW EPA as part of their Alternative Waste Technology (AWT) transition funding package for councils affected by the revocation of the Resource Recovery Orders and Resource Recovery Exemptions for the application of Mixed Waste Organic Outputs (MWOO) as a soil amendment on agricultural, mining rehabilitation and forestry land.

Led by NSROC, Lane Cove, Ryde, Willoughby, Ku-ring-gai, and Hunters Hill Councils developed a regional project to trial food waste collection services across a range of housing types with the intent of providing a sound evidence base for the planning of future waste services. A trial service was also offered to businesses within the Hunters Hill Council area^{^[1]}. While each Council undertook in the trial in a specific dwelling type, the results from other Council areas and their respective dwelling type are considered to be applicable across all of the Council areas given the similar demographic profiles,

The trial service offered to households was designed to answer the following research questions;

· How much food waste is likely to be presented for collection by different dwelling types?

· How much food waste is likely to be correctly segregated and how much is likely to remain in the mixed waste bin?

· What are the likely contamination levels and what proportion of collected food organics would be recovered or rejected by re-processors?

· What are the views of participating households on a separate food organics service?

Sample areas were selected to ensure a solid representation of the housing types across each of the participating council areas. A breakdown of the trial areas, dwelling types, and number of participating households is provided in table 1 below.

Table 1. Participating Households per Development Type and Location

Council Area	Household Type	Trial Area	Participating Households
Lane Cove	Stand-alone House	Lane Cove North	287	706
Lane Cove	Stand-alone House	Greenwich	419	706
Ryde	Low Rise Apartment	Meadowbank	207	675
		Gladesville	222
		Eastwood	246
	Townhouses	Macquarie Park	246	246
	Stand-alone House (FOGO)	Chatswood West and North Ryde	230	230
Willoughby	Highrise	Chatswood	526	526

Participating households in each trial area were provided with a kitchen caddy and compostable liners, a food organics bin, and a range of educational material to assist them in separating their food waste for collection.

Tonnages collected through the food organics service from each dwelling type were tracked throughout trial, with audits of the food organics and general waste bin conducted in the final two weeks of the trial to understand the makeup of each waste stream and the resource recovery potential of a future food organics service. A detailed report into the finding of these audits and the trial overall as prepared by NSROC has been provided as an attachment to this report, with high level results summarized below.

Results of the Trial

The tonnages of material collected from each dwelling type were tracked throughout the duration of the trial to determine the expected tonnage per household per week. Table 1 below details the average weight of material collected through the food organics bin per household per week for each dwelling type (noting that this includes both food waste and any other material deposited in the food organics bin).

As can be seen, there is a significant variation in the amount of material presented by the different dwelling types. Stand-alone houses presented the most material (1.99kg/hh/wk in Lane Cove North and 1.65kg/hh/wk in Greenwich), followed by the high rise development (0.94kg/hh/wk), while the low rise developments recorded the lowest tonnages (0.55kg/hh/wk in Meadowbank, 0.58kg/hh/wk in Gladesville, and 0.63kg/hh/wk in Eastwood).

Table 2. Average Weekly Weight of FO Collections

Dwelling Type	Suburb	Average Collection (kg/hh/wk)
Stand-alone Houses	Lane Cove North	1.99
Stand-alone Houses	Greenwich	1.65
Low Rise Apartments	Meadowbank	0.55
	Gladesville	0.58
	Eastwood	0.63
Townhouses	Macquarie Park	0.83
High Rise Apartments	Chatswood	0.94

In the last two weeks of the trial, a detailed audit was conducted to examine the contents of both the food organics bin and the mixed waste bin to understand the capture rate of food waste (ie how much food was correctly separated into the food organics bin for recovery), and the level of contamination within the food organics bin. The audit was conducted using aggregated truck loads from each of the sample areas, using sub-samples drawn from each load.

Data from the audit was assessed alongside weekly collection tonnages throughout the 14 week trial to check the relativity of the audit data against what had been observed over the period of the trial. It is important to note that these figures include the complaint/useable food (ie food that is loose or in the correct compostable liners) as well as non-compliant/unusable food (ie food that is in containers or plastic bags), and general contamination.

Table 3. Comparison of Average Weekly Collections Recorded vs Audit

Dwelling Type	Suburb	Avg. Collection (kg/hh/wk)	Audit collection (kg/hh/wk)
Stand-alone Houses	Lane Cove North	1.99	1.83
Stand-alone Houses	Greenwich	1.65	1.69
Low Rise Apartments	Meadowbank	0.55	0.54
	Gladesville	0.58	0.51
	Eastwood	0.63	0.82
Townhouses	Macquarie Park	0.83	0.75
High Rise Apartments	Chatswood	0.94	0.83

The audit of the contents of the food organics bin found that of the material presented, the percentage of compliant food (ie food that was either loose or in approved compostable liners) ranged from only 69.7% in low rise developments in Ryde, to 95.2% in stand-alone houses in Lane Cove.

Table 4. Useable Food vs Contamination in the Food Organics Bin

Lane Cove SUDs (FO)

Ryde

Low Rise (FO)

Ryde Townhouses (FO)

Willoughby High Rise (FO)

Ryde

FOGO SUDs

Compliant / Useable Food

95.2%

69.7%

85.4%

83.4%

84.6%

Contamination

4.8%

30.3%

14.6%

16.6%

15.4%

The rate of contamination is an important consideration in planning for the roll out of separate food organics service, and highlights both the need for strong and sustained education, as well as the risk of increased cost (due to penalties for high contamination) or rejection of loads from receiving facilities.

The audit also looked at the total food waste generated per participating household, and the amount of food waste that was placed in the food organics bin (correctly or in incorrect containers/bags) vs the amount that was placed in the general mixed waste bins. As detailed in

Table 5 below, the audit results^{^[2]} found that for all housing types, the majority of the food waste generated by participating households remained in the red bin.

Table 5. Breakdown of Food Waste in the Food Organics and General Waste Bins (kg/hh/wk)

	Lane Cove SUDs	Ryde Low Rise	Ryde Townhouses	Willoughby High Rise	Ryde FOGO SUDs
Useable Food in FO Bin	1.67	0.57	0.69	0.70	0.73
Unusable Food in FO Bin	0.01	0.04	0.05	0.05	0
Food in General Waste Bin	1.99	1.63	1.51	1.61	2.16

As a percentage share, stand-alone houses in Lane Cove recorded the highest capture rates, with 45.5% of the food waste generated correctly placed into the food organics bin, with a further 0.3% placed in the food organics bin but in an unacceptable container (ie plastic bag or container). Stand-alone houses provided with a combined food and organics (FOGO) service showed the lowest capture rates (25.3%), as did low rise developments (25.4%), with townhouse and high rise developments showing similar results (30.7% and 29.7%).

Table 6. Capture Rates of Available Food (% share)

	Lane Cove SUDs	Ryde Low Rise	Ryde Townhouses	Willoughby High Rise	Ryde FOGO SUDs
Useable Food in FO Bin	45.5%	25.4%	30.7%	29.7%	25.3%
Unusable Food in FO Bin	0.3%	1.8%	2.2%	2.1%	0%
Unusable Food in General Waste Bin	54.2%	72.8%	67.1%	68.2%	74.7%

As shown in table 7 below, food waste made up between 29% and 38% of the total waste generated by the participating households over the 2-week audit period. Assuming that all food waste was able to be correctly separated by all households, this provides an indication of the resource recovery potential of a separate food organics service. However, based on the level of source separation which occurred during the 2 week audit period, it is more likely to achieve an initial resource recovery rate of between 10% and 16%. This recovery rate would likely increase in a Council wide roll-out, as experienced by other councils who have rolled out FO/FOGO services, and observations that the level of resource recovery increases over time and can be directly influenced by behavioural nudges such as frequency of collection of the general waste bin.^{^[3]}

Table 7. Potential for Resource Recovery (kg/hh/wk and %)

	Lane Cove SUDs	Ryde Low Rise	Ryde Townhouses	Willoughby High Rise	Ryde FOGO SUDs
Total Waste	10.6	5.92	6.78	7.74	10.08
Total Food (potential for recovery)	3.67 (35%)	2.25 (38%)	2.26 (33%)	2.36 (30%)	2.89 (29%)
Food in FO Bin	1.68 (15.8%)	0.61	0.75	0.75	0.73
Useable Food in FO Bin (indicative recovery)	1.67 (16%)	0.57 (11%)	0.69 (10%)	0.70 (9%)	0.73 (7%)

Discussion

While the results of this trial provide Council with a solid foundation to commence planning for the rollout of a separate food collection service in order to meet the NSW Government mandate for food collection services by 2030, there is still further work to be done.

The transition to a food organics or FOGO service will come at significant cost, with establishment costs for items such as bins, caddies and liners, and educational material, as well as increased collection costs and educational costs. Collection costs in particular are likely to vary based on the agreed service arrangement (ie introducing a weekly FO/FOGO while maintain a weekly general waste service, versus introducing a weekly FO/FOGO service and shifting to a fortnightly general waste service), and the transport requirements for processing.

The next phase of planning currently underway with NSROC will assist Council to better understand these costs. A cost benefit and life cycle analysis of different service and treatment options available will provide information on both costs and carbon footprint of the options available. The results of this analysis can then be brought to both Council and our community for input into preferred service models.

Council’s current disposal contract for the mixed waste stream with Veolia Woodlawn was established via the Northern Sydney Waste Alliance (6 Councils). This contract requires a portion of our waste be processed through their Mechanical and Biological Treatment (MBT) facility which separates and treats organic content for use in mine rehabilitation and is due to expire in 2025, with a 5 year option extension. Similarly, Council’s current collections contract with URM expires in 2027 with an optional 2 + 1 year extension.

In terms of the future of the MBT option, there is a case for exploration of retaining it in conjunction with FO, because based on the results of the trial, 54% of food was still within the General Waste Bin for Stand-alone Houses, the best performing participants. This rises to 70% in the General Waste Bin for units, hence it may be that the General Waste Bins can be processed through the MBT while the FO collection is processed through a FO process separately. This would provide the maximum recovery of resources.

Based on the outcome of the trial the following provides a comparison of the recovery achieved of the current MBT process vs a FO/FOGO only process for 1000kg of General waste, which results in 20% less recovery if a FO/FOGO only process adopted.

Figure 7 MBT- 106kg recovered per 1000kg of General Waste

Figure 8 - FO/FOGO- 87.5kg recovered per 1000kg of General Waste

While the announcement of the forthcoming mandate for separate food organics in 2021 provided a signal to the market for additional processing capacity for this waste stream, this additional capacity is yet to become available. As such there is limited processing capacity to service the Sydney metropolitan area at present.

Maintaining our existing contracts until further processing capacity becomes available, provides Council with the opportunity to conduct the next phases of research required to facilitate an effective transition to a food organics service that is both cost effective and maximises resource recovery. Should additional processing capacity become available following this next stage of research and prior to the end of our existing contracts Council also has the opportunity to modify our existing contracts to facilitate a rollout of the preferred service.

In the interim it is proposed to commence education programs focussing on the issue of food waste and support the community to separate and process their food wastes locally through composting, worm farming, and potentially through larger shared systems. This aligns with best practice recommendations to roll out food waste education prior to the commencement of food collection services.

Conclusion

This trial was an important first step in the transition to a food collection service, however there is still considerable pre-work required in terms of modelling and planning for optimal service arrangements. Council will continue to work with the Northern Sydney Waste Alliance to engage with industry to look at best options for the future.

RECOMMENDATION

That Council receive and note the report.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	NSROC Food Organics Research Project Final Report Summary	12 Pages	Available Electronically
AT‑2 View	NSROC Food Organics Research Project Final Report	128 Pages	Available Electronically

Ordinary Council Meeting 23 March 2023

Proposed Voluntary Planning Agreement for Areas 22 and 23 - St Leonards South Precinct

Subject: Proposed Voluntary Planning Agreement for Areas 22 and 23 - St Leonards South Precinct

Record No: SU8525 - 13113/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council undertook community consultation on the proposed Voluntary Planning Agreement (VPA) for 26-50 Park Road, 27-47 Berry Road, and 48-54 River Road (Areas 22 and 23 at the St Leonards South Precinct) with submissions closing 23 January 2023. The VPA provides for the construction and dedication to Council of Infrastructure and public benefit supporting the St Leonards South Precinct as outlined in the Lane Cove Development Control Plan Part C – Residential Localities – Locality 8, for which no Section 7.11 Contribution offset is available.

No amendments to development standards are provided by this proposed VPA. The purpose of this report is to outline the results of the consultation and recommends that Council enter into a VPA with the proponent, JQZ Twelve Pty Ltd.

Background

At the Council Meeting of 7 December 2020, Council resolved in part to grant delegated authority to the General Manager to exhibit in conjunction with relevant Development Applications, VPA’s received in respect of the precinct whose incentives accord with Council’s previously adopted incentives contained in the DCP for each Area and then be reported to Council for consideration.

JQZ Twelve Pty Ltd propose to undertake a development at Areas 22 and 23 (26-50 Park Road, 27-47 Berry Road, and 48-54 River Road comprising four (4) multi-story residential flat buildings containing 314 apartments and underground parking which is compliant with the Lane Cove LEP 2010 and Lane Cove Development Control Plan, Part C – Residential Localities - Locality 8. The Development utilises Part 7, Additional local provisions - St Leonards South Area under Lane Cove LEP 2010. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement.

Discussion

From a public benefit perspective, subject to the granting of development consent, in addition to the S7.11 Developer Contributions to fund precinct wide community infrastructure, the development at Areas 22 and 23 will deliver the dedication in perpetuity of a stratum parcel of land identified as 39 Berry Road, St Leonards being Lot 24 Section 3 in DP 30442 and 36 Park Road, St Leonards comprising Lot 2 in DP 305449 upon which the developer will construct a 12m wide road, connecting Park Road and Berry Road.

The VPA was placed on public exhibition for community consultation with submissions received until 23 January 2023. Two (2) submissions were received relating to the draft planning agreement, which raised the following issues:-

1. “There is a VPA affecting the development, it is not clear how this will impact the development and what benefit is being provided to the Park Road West community?”

Response

The VPA delivers on the future traffic arrangements for the precinct, which includes a road connection between Berry Rd and Park Rd to improve traffic flow. This new traffic arrangement was the subject extensive consultation and was adopted by Council as part of the St Leonards South Masterplan and subsequent LEP amendment.

2. “The VPA should not be accepted and offer a mechanism by which this building height could vary as the VPA should be given little, if any weight in assessing a clause 4.6 variation”.

Response

As mentioned previously in this Report, the draft VPA does not provide for amendments to development standards captured in the Lane Cove LEP 2010 and Lane Cove Development Control Plan (DCP) Part C – Residential Localities - Locality 8.

Conclusion

The proposed VPA will benefit the community and future residents of the proposed development of Areas 22 and 23 in the St Leonards South Precinct via the construction and dedication (free of cost) to Council of a new 12m wide road connecting Park Road and Berry Road. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement.

It is therefore recommended that Council note the submissions received during the community consultation process and proceed with the proposed Voluntary Planning Agreement.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Council enter into a Voluntary Planning Agreement with JQZ Twelve Pty Ltd in respect of the development of Areas 22 and 23 (26-50 Park Road, 27-47 Berry Road, and 48-54 River Road) at the St Leonards South Precinct as outlined in the report; and

3. The General Manager review the trustee assignment provisions of the VPA and be authorised to finalise the wording of the proposed Voluntary Planning Agreement and sign the Agreement on behalf of Council.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 March 2023

2024 Local Government Elections

Subject: 2024 Local Government Elections

Record No: SU9089 - 14397/23

Division: Corporate Services Division

Author(s): Stephen Golding

Executive Summary

The next Ordinary Election of Council will be held in September 2024. Pursuant to section 296AA of the Local Government Act 1993 (NSW) (“the Act”) all NSW councils are required to determine arrangements for the conduct of the 2024 Local Government Elections by 13 March 2023. Councils must resolve whether to administer their own elections or appoint the NSW Electoral Commissioner (NSWEC) to conduct the election.

Council passed a resolution on 8 December 2022 to engage the NSWEC to conduct all elections with respect to the 2024 Council election, however the NSWEC have asked that Council revise the wording. This report recommends Council pass a resolution with adjusted wording to engage the NSWEC.

Discussion

Council will recall a report that went to Council on 8 December 2022 with respect to the 2024 Local Government Elections. At that Ordinary Council Meeting, Council resolved the following:

1. The report be received and noted; and

2. Pursuant to Section 296AA. (1) (a) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council with respect to the 2024 Local Government Elections.

Council has since been informed by the NSWEC that the resolution passed by Council may not be acceptable as it does not conform with NSWEC’s preferred wording from its legal team. The NSWEC has issued the following suggested wording for all Councils.

The [insert full description of council] (“the Council”) resolves:

1. pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Adopting this particular wording enables the NSWEC to provide the same contract to all councils, and it covers the conduct of subsequent elections and polls and/or referenda, without the need to enter into a new contract.

The original motion resolved by Council was intentionally date defined (the 2024 Local Government Elections) so as not to give the NSWEC a legal right to conduct elections beyond the next 2024 local government election.

The NSWEC has since clarified that that would not be the case as after the 2024 ordinary election the contract can be terminated by either party (at any time) with written notification. If that were not to happen, it would automatically be terminated 18 months before the next ordinary election (i.e. Local Government Election 2028).

Conclusion

Following Council’s initial resolution (8 December 2022) to have the NSWEC conduct the next local government election, it has come to light that the NSWEC has concerns over the variation of wording used by Councils in their intent to engage the NSWEC to conduct the 2024 local government elections.

Council officers have no issue with the suggested wording for all councils from the NSWEC. The recommendation in this report presents no risks or additional costs to Council.

RECOMMENDATION

That:-

1. The report be received and noted;

2. pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council;

3. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council; and

4. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

[1] The results of this trial are available in the full Project Report in attachment 1.

[2] Raw data from the audits can be found in Attachment 4 of the full Project Report attached to this Report

[3] https://mraconsulting.com.au/getting-the-most-out-of-the-fogo-revolution/

AT‑1 View	Agenda - Traffic Committee - February 2023	30 Pages	Available Electronically
AT‑2 View	Minutes - Traffic Committee - February 2023	8 Pages	Available Electronically
AT‑3 View	Orion Road - Lane Cove Island Modification Works & Pram Ramp Works - Plans for Approval	2 Pages	Available Electronically