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Agenda

Ordinary Council Meeting

18 May 2023

Council will commence consideration of

all business paper agenda items at 7.00 pm.

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Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 18 May 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, 17 May 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 - 20 APRIL 2023

Mayoral Minutes

2. Mayoral Minute - Damaging Increase in Emergency Services Levy Costs.............................................................................................................................. 6

3. Mayoral Minute - Requesting Meetings With New NSW State Government Ministers............................................................................................ 8

Orders Of The Day

Notices of Motion

4. Notice of Motion - Hours of Work - Construction Sites...................... 11

5. Notice of Motion - Reporting of Pollution Incidents on Council's Website and in Council Snapshot................................................................... 13

6. Notice of Motion - Council Facilitation of Discussion About the Referendum on the Indigenous Voice to Parliament............................ 15

Officer Reports for Determination

7. Classification of Land - 14 Gay Street......................................................... 16

8. Jean Mitchell Lucretia Baths - Community Consultation Outcomes 23

9. Bob Campbell Oval - Procurement of Consultants for Tender Documentation........................................................................................................ 32

10. Draft Social Media Policy - Community Consultation Outcomes.... 35

11. Draft Media Policy - Community Consultation Outcomes................... 37

12. Draft Modern Slavery Prevention Policy - Community Consultation Outcomes.................................................................................................................... 39

13. Draft Managing Conflicts of Interests for Council-related Developments Policy............................................................................................ 41

14. 2022/23 Budget - Third Quarter Budget Review......................................... 43

15. Councillor Conference Attendance Request - Climate Summit for Local Government 2023........................................................................................ 46

16. Public Reporting of Councillor Briefing and Meeting Attendance 48

17. Greener Neighbourhoods Grant Summary - Trees on Private Land 50

18. Lane Cove & St Leonards Parking Study..................................................... 54

19. Bush Fire Risk Management Plan..................................................................... 59

20. Community Assistance Grants to Community Groups 2023-2024........ 62

21. Proposed Voluntary Planning Agreement for Area's 16 and 17 - St Leonards South Precinct................................................................................... 66

Officer Reports for Information

22. Delivery Program and Operational Plan - 2022/23 Third Quarter Review.......................................................................................................................... 69

23. Council Snapshot April 2023.............................................................................. 72

Ordinary Council Meeting 18 May 2023

Mayoral Minute - Damaging Increase in Emergency Services Levy Costs

Subject: Mayoral Minute - Damaging Increase in Emergency Services Levy Costs

Record No: SU6479 - 26521/23

Division: Lane Cove Council

Author(s): Councillor Andrew Zbik

Executive Summary

This Mayoral Minute calls on Councillors to support representations to the NSW Government in response to the highly damaging increase in the Emergency Services Levy (ESL) imposed on all councils without warning for the 2023/24 financial year.

Discussion

The Emergency Services Levy (ESL) is a cost imposed on councils and insurance policy holders to fund the emergency services budget in NSW. The majority is paid as part of insurance premiums, with a further 11.7 per cent funded by councils and 14.6% by the NSW Government. The ESL represents cost shifting at its worse, as it is imposed on councils without any mechanism for councils to recover costs.

The levy increase for the State’s 128 councils in 2023/24 amounts to almost $77 million, with the total cost imposed on the local government sector increasing from $143 million in the current financial year to $219 million next year. This represents a 53.1% increase, completely dwarfing the IPART baseline rate peg of 3.7% for 2023/24.

Reporting suggests that the increase in costs this year reflects a 73% increase in the State Emergency Service budget and an 18.5% funding increase to Fire and Rescue NSW. The impact of these large increases on councils’ finances will be particularly severe in 2023/24 as a result of the NSW Government deciding to scrap the subsidy for council ESL payments.

For many councils, the unexpected cost hit will absorb almost all of their IPART-approved rate rise for this year and in some cases absorb more than 100%. This is placing local government budgets under enormous pressure as they struggle from the combined impact of the pandemic, extreme weather events, high inflation and wage increases.

IPART-approved rate rises are intended to compensate for the impacts of inflation and increases in council costs. Instead, the rate increase will have to be largely diverted to the significantly higher ESL payments this year. NSW councils will have no option other than to make cuts to infrastructure and services expenditure.

For Council, the ESL has increased by $224,207, being an increase of 23% for 2023/24, bringing the total Council contribution to $1,186,681. This amounts to 21.8% of the entire expected increase in rate income for 2023/24, if the NSW Government’s decision is not reversed.

The timing of this development is particularly challenging for councils as it comes so late in the local government budgeting cycle, well after IPART’s rate determination for the coming financial year.

All councils strongly support a well-funded emergency services sector and the critical contribution of emergency services workers and volunteers (many of whom are councillors and council staff). However, it is essential that these services be supported through an equitable, transparent and sustainable funding model.

Local Government NSW has raised the serious concerns of the local government sector with the NSW Government and is seeking the support of councils across NSW in amplifying this advocacy.

This Mayoral Minute recommends that Council call on the NSW Government to take immediate action to:

a. restore the ESL subsidy,

b. decouple the ESL from the rate peg to enable councils to recover the full cost

c. develop a fairer, more transparent and financially sustainable method of funding critically important emergency services.

The Mayoral Minute also recommends that Council write to IPART advising of the financial sustainability impacts on of the ESL.

RECOMMENDATION

That Council:

1. Write to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Member(s):

a. Expressing Council’s strong opposition to the NSW Government’s last minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community;

b. Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, Council’s 3.7% rate increase to provide essential community services and infrastructure has been significantly eroded;

c. Advising that the Government’s decision may/will lead to a reduction in important local services and/or the cancellation of necessary infrastructure projects;

d. Calling on the NSW Government to take immediate action to:

i. restore the ESL subsidy in 2023/24

ii. urgently introduce legislation to decouple the ESL from the rate peg to enable councils to recover the full cost

iii. develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

2. Write to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress; and

3. Write to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

Councillor Andrew Zbik

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 May 2023

Mayoral Minute - Requesting Meetings With New NSW State Government Ministers

Subject: Mayoral Minute - Requesting Meetings With New NSW State Government Ministers

Record No: SU6912 - 26666/23

Division: Lane Cove Council

Author(s): Councillor Andrew Zbik

Executive Summary

The purpose of this Mayoral Minute is to inform our community of which Ministers have been contacted to request a meeting with Council staff and myself as Mayor.

Discussion

On Saturday 25^th March 2023 a new State Government was elected in New South Wales.

Premier Chris Minns appointed new Ministers on 28^th March 2023 and 5^th April 2023.

A new State Government presents an opportunity for Council to request to meet with the recently appointed Ministers to raise and discuss matters relevant to the residents of Lane Cove.

On 6^th April an email was sent to all Councillors asking for feedback about which Ministers Council should seek to arrange a meeting with. Secondly, what matters would be relevant to raise in such a meeting.

Draft letters were circulated to Councillors for comment on 5^th May. Updated versions were circulated to Councilors again on 7^th May.

Below is a summary of the letters sent to various Ministers and what matters are sought to be discussed in a meeting:

The Hon Penny Sharpe MLC - NSW Minister for Climate Change, Energy, the Environment and Heritage

1. Investigate the idea to classify urban trees in our LGA as “assets”. Thus, creating the ability to distribute funding for the purpose of urban tree renewal and maintenance.

2. Incentives and policy settings to improve bushland maintenance, regeneration and upkeep of local bush walking tracks.

3. Incentives and policy settings for community education to support the electrification of our built environment.

4. Reform to encourage installation of solar panels on residential strata schemes.

5. Incentives and policy settings to transition households away from gas as a source of energy.

The Hon Rose Jackson MLC - NSW Minister for Housing

1. Provision of commercial premises to support a local convenience store in any future development by the Land and Housing Corporation located at 618-624 Mowbray Road, Lane Cove North and 25-29 Mindarie Street, Lane Cove North.

2. Development of affordable housing policies.

3. Incentives and policy settings to enable Council to use equity within its existing affordable housing portfolio as security to support borrowing money for the purposes of purchasing more key worker housing.

4. Challenges posed by ‘Build-to-Rent’ housing schemes.

The Hon Paul Scully MLA - NSW Minister for Planning and Public Spaces.

1. Reforms to the system and regulation of Private Certifiers in NSW.

2. Future plans for the Crows Nest Metro Station site.

3. Review of the St Leonards and Crows Nest 2036 Plan and the need for infrastructure provision in a coordinated manner across the Lane Cove, Willoughby and North Sydney Local Government Areas.

4. Options for innovative funding and partnerships to provide new and upgraded assets and infrastructure.

5. Reform to encourage installation of solar panels on residential strata schemes.

6. Incentives and policy settings to transition households away from gas as a source of energy.

7. Options to assist Council with accelerating the acquisition of properties for a public park in the St Leonards South Masterplan area.

The Hon John Graham MLC - NSW Minister for Roads

1. Need for resolution of additional left turn lane at Penrose Street/Burns Bay Road intersection in Lane Cove West.

2. Need for resolution (ideally traffic signals) at Northwood Road/River Rd intersection in Northwood.

3. Several outstanding recommendations and action arising from the Lane Cove North traffic study in the Lane Cove North area.

4. Need to co-ordinate traffic solutions in the St Leonards and Crows Nest area.

5. Need for a resolution of Phase Two intersection safety improvements at the intersection of River Road and Northwood Road in Longueville

6. Need to adjust right-turn signals from Epping Road into Longueville Road, Lane Cove.

7. Need for shared user path network to Lane Cove Sport & Recreation Facility along River Road and Longueville Road.

8. Update on Council project to commence construction of shared use path from View Street to Fig Tree Bridge. Need for further Government support to extend to Epping Road to the north and Gladesville Bridge to the south.

9. Support for the implementation of the Lane Cove Bicycle Plan.

The Hon Jo Haylen MLA - NSW Minister for Transport

1. Delays and deterioration in the provision of local bus services.

2. Commence planning for additional bus services to connect Lane Cove Village, St Leonards Railway Station and Crows Nest Metro Station to the soon to be built Lane Cove Sport & Recreation Facility at 180 River Road, Lane Cove.

3. Investigations to extend the Lane Cove ferry service to Burns Bay, Lane Cove.

4. Community consultation on any future plans for Greenwich Ferry Wharf.

5. Support for the implementation of the Lane Cove Bicycle Plan.

The Hon Ron Hoenig MLA - NSW Minister for Local Government.

1. That Council supports the IPART review on rate pegging methodology.

2. That Council supports LGNSW advocacy that merits based rezoning planning proposals initiated by landowners will no longer be able to be pursued.

3. That Council calls for a proper review of development application charges to ensure cost recovery.

4. That Council advocates for a cumulative fine structure and more authority to Councils to enforce planning controls/development consents for repeat offenders; and

5. That Council advocates for solutions where Council can use equity within its affordable housing assets to support lending for the purposes of purchasing more key worker housing.

In summary, this list is not exhaustive of all the matters that can be raised with NSW State Ministers.

Council can write to Ministers at anytime in the future to raise matters that are of interest to the residents of Lane Cove.

RECOMMENDATION

That Council notes this Mayoral Minute.

Councillor Andrew Zbik

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 May 2023

Classification of Land - 14 Gay Street

Subject: Classification of Land - 14 Gay Street

Record No: SU9252 - 25123/23

Division: General Managers Unit

Author(s): Rachel Hensman; Martin Terescenko

Executive Summary

On 17 March 2023, Council finalised its purchase of the property at 14 Gay Street, Lane Cove as part of its Bushland Expansion Program and on 23 March 2023 Council resolved to undertake consultation regarding its intention of classifying the property as ‘operational land’ while determining the future of the site at the Council Meeting 18 May 2023.

This report recommends that Council classify the recently acquired property, 14 Gay Street, Lane Cove, (Lot A DP 360196) as operational land, pursuant to s31 of the Local Government Act.

The report further recommends that Council explore the feedback received during the consultation regarding the future use and management of the property for the potential use of the northern end of the site only. The southern end of the site shall be retained as bushland. Given the state of the existing house, it is proposed to proceed with its immediate demolition.

Background

On 17 March 2023, Council finalised its purchase of 14 Gay Street for $3,333,000 plus acquisition costs. Council having acquired the property, now needs to determine the future use and management of the property, with options available including the subdivision of a portion of the front of the property to partially recover the acquisition cost or retain the whole site as open space.

In accordance with sections 25 and 26 of the Local Government Act 1993 (the Act), all public land must be classified as either community or operational land. Should there be no resolution of Council within three months of the acquisition date, the land will automatically be classified as community land.

A report to Council on 23 March 2023 recommended to initially classify 14 Gay Street as operational land as an interim arrangement pending finalisation of the preferred option for future use and management of the site.

At the Council meeting on 23 March 2023, it was resolved that:

1. Council undertake consultation as outlined in the Consultation Strategy contained in the report, regarding Council’s intention of passing the following resolution at the Council Meeting 18 May 2023:-

“That Lane Cove Council classify the recently acquired property 14 Gay Street, Lane Cove, Lot A DP 360196 as operational land, pursuant to s31 of the Local Government Act.”

2. Subsequent to the May 2023 Council Meeting, a report be submitted to Council on the proposed future use and management of the property, 14 Gay Street, including consideration of the suggestions for future use of the land obtained through the consultation process.

Since Council acquired the property it has engaged a contractor to undertake bush regeneration on the site to commence the restoration and preservation of the bushland on the site.

Discussion

Community Consultation Process

Public Notice:

Following the resolution at its meeting on 23 March 2023, and in accordance with the Act, Council displayed a Public Notice on its website regarding the proposed land classification of 14 Gay Street, Lane Cove. The notice contained the proposed resolution of Council:

"That Lane Cove Council classify the recently acquired property 14 Gay Street, Lane Cove, Lot A DP 360196 as operational land, pursuant to s31 of the Local Government Act 1993"

The notice was displayed until Friday 5 May 2023 (later extended until Sunday 7 May 2023) and invited written submissions regarding the proposed resolution.

Have Your Say Survey:

In addition to the Public Notice, Council conducted community consultation through the Have Your Say page on its website, providing notification letters to neighbouring residents and special interest groups, and published information in its e-Newsletter.

The consultation was designed to seek feedback on the classification of the newly acquired bushland being classified as operational land (as an interim arrangement) with suggestions for future use of the land also being considered. The formal consultation period on Council’s website (Have Your Say) ran from Monday 3 April to Friday 5 May 2023 (later extended until Sunday 7 May 2023), however Council accepted all submissions received after its Council meeting on 27 March 2023 and up until 9 May 2023.

Resident Notification Letters:

As per the consultation strategy outlined in the report to Council on 23 March 2023, a letterbox drop of properties in Gay Street was completed, notifying residents of Council’s intention to classify the land as operational. This was further extended to a number of properties in Kariola Street, Roslyn Street and Karilla Avenue, which surround the property at 14 Gay Street.

Formal notification was also sent to the Bushland Management Advisory Committee and Lane Cove Bushland and Conservation Society.

Community Consultation Feedback

For the purposes of this report the feedback has been outlined below in three sections – the survey responses, written submissions, and formal submissions from advisory committees and community action groups. A high-level outline of the responses is listed for each section below, with further detail on the key themes of the feedback provided in both the survey and written submissions provided as a summary later in this report.

Survey Responses:

A total of 54 respondents competed the Have Your Say Survey.

The survey asked respondents two questions regarding 14 Gay Street providing space for free text comments and also asked residents to provide their postcode. A copy of the feedback received is included as AT-1 of this report

The following two questions were included in the survey:

Question One:

Please provide any comments regarding Council's intention to classify the recently acquired 14 Gay Street, Lane Cove as operational land

· 44 responses supported community land

· 6 responses supported operational land (with all noting this should be an interim arrangement and/or to allow subdivision)

· 4 did not clearly state their preference or were seeking further clarification

Question Two:

Please provide any comments or suggestions for the future use of the land

Postcode:

· 52 of the respondents were from postcode 2066, one from 2065 and one from 2007.

Written Submissions:

A total of 21 written submissions were received from individual members of the community. These submissions have been circulated to Councillors separately as a confidential memo.

· 18 responses supported community land

· 1 response supported operational land (but noted a preference to removing the property)

· 2 did not clearly state their preference or were seeking further clarification

In addition to the written submissions received from individual members of the community, formal written submissions were also received from the following advisory committees and community a groups.

· Bushland Management Advisory Committee

· Lane Cove Bushland and Conservation Society

· Stringybark Creek Bushcare Group

· Lane Cove North Residents’ Association

All submissions have been circulated to Councillors separately as a confidential memo.

Council’s Open Space Team during the consultation also conducted a meeting on site with the Council’s Bushland Management Advisory Committee and representatives from the Lane Cove Bushland and Conservation Society.

Community Consultation Summary

Classification Proposal:

From the comments received through both the survey and written submissions, it is clear that Stringybark Creek Reserve is a well-loved piece of land and that Council’s decision to purchase the property at 14 Gay Street is well supported by the community, with many respondents congratulating Council on its purchase as part of their feedback. The majority of respondents would also like to see the entire property at 14 Gay Street dedicated to public use as an extension of the bushland reserve and therefore classified immediately as community land.

As per the report to Council on 23 March 2023, Council’s intention is to only classify the land as operational as an interim arrangement. The report, as well as the consultation wording provided the official definition of operational land under the Act which refers to “land which may not be open to the general public such as a works depot” and includes that “there are no special restrictions on council to manage, dispose or change the nature and use of operational land.” Council officers understand that this may have inadvertently caused concern amongst some members of the community regarding Council’s intentions with the site.

The primary reasoning behind the recommendation to classify the land as operational as an interim arrangement is to provide Council with additional time to consider the future use of the land and to complete further consultation on the range of options already identified by the community and summarised below in this initial round of consultation.

Once an area has been classified as community land, Council must manage the land under a plan of management detailing the specific uses of the land and prior to the adoption of the plan, no changes can be made to the nature and use of the land. This therefore limits the ability of Council to make any improvements to the land in the short term, particularly in dealing with the current property which is in a state of dilapidation.

It should also be noted it is not possible to classify one portion of a site differently to another section, the classification applies to the entire land contained in a certificate of title. Therefore, to have different categories, the land would need to be subdivided to create separate certificates of title with different classifications.

To change classifications in the future, the process differs considerably depending on the nature of the change. The process to reclassify community land as operational land is both complex and lengthy requiring a Local Environment Plan which is subject to the local plan-making process in the Environmental Planning & Assessment Act 1979 (EP&A Act). Under section 56 of the EP&A Act and section 29 of the LG Act, Council must also hold a public hearing when reclassifying public land from community to operational.

Contrary to this, the reclassification of operational land as community land may be completed through a resolution of Council, with public notification for a period of 28 days prior to the resolution.

Suggestions for Future Use:

Bushland Reserve

It is clear that Stringybark Creek Reserve is a well-loved and well-used area, and the majority of respondents would like to see the entire property at 14 Gay Street dedicated to public use as an extension of the existing bushland reserve.

In particular, respondents noted the significant strand of mature trees including Sydney Blue Gums, Sydney Red Gums, Blackbutts and Turpentines which should be retained and protected.

Respondents also noted recent sightings of wildlife on or close to the property including a lyre bird, whip bird, topknot pigeon, boobook owls, powerful owls, and echidnas. The importance of green space on mental health was also suggested together with the need to further revegetate the site.

Subdivision

As noted above, the majority of respondents were in favour of dedicating the whole of the property to bushland reserve, rather than sub-dividing the property, with the main concern raised relating to the potential loss or damage to a number of mature indigenous trees specifically or the more general loss of tree canopy on the site.

Further reasons provided against sub-division were to prevent future conflict of interest complaints (linked to any potential development application), poor access to the existing property, the potential lack of suitability of any future property development and the risk of increased traffic.

A small number of responses however, included support for subdivision. Feedback from those who provided support for the option of subdivision noted that the sale of part of the land would allow Council to recover part of the acquisition costs. Some felt that any proceeds from the sale of the land should be retained and allocated to the future acquisition. It was also noted that a currently uninhabited property would become available for use by a new family, with a further suggestion being provided that it could be used to provide affordable housing accommodation.

Treatment of Existing Property

Many respondents felt that the removal of the property would provide valuable open space. Temporary fencing was suggested to ensure the security of the property while others suggested demolition should proceed as the cost of demolition is minimal, particularly in the context of the acquisition cost.

One respondent raised specific concerns regarding Council’s duty of care for the property and the need to ensure the property is supervised and maintained in a safe and proper way and not used by squatters or petty criminals.

Access from Gay Street

In terms of access, many respondents appear to already use the property for informal access through to Stringybark Creek Reserve and/or as a shortcut through to local shops. The provision of formalised access to Stringybark Creek Reserve and the bushwalks via a path on a small easement on the side of the property appears well supported. Several respondents also suggested options for increasing accessibility to make the space more inclusive.

Seating

Several submissions included a recommendation for the provision of outdoor (possibly covered) seating in the area.

Educational Area / Informational Signage

Many respondents also felt the site could easily lend itself to a space for community education, particularly around bushcare, with suggestions including an outdoor classroom for bushcare workshops and demonstrations. The inclusion of informational signage with maps of the walking tracks, wildlife and/or native species was also raised by several respondents.

Further suggestions for consideration included the creation of a park, children’s playground, parking area, community hall and commemoration of the bushcare regeneration volunteers.

Way Forward

Demolition of Existing Structures

The existing dwelling on the property is dilapidated, and concerns have been raised about the safety of the site, which is a valid concern. The site being vacant may also be subject to use by squatters. None of the suggested future uses involve retaining the house in its current state, and therefore it is proposed to proceed with the demolition of the house immediately. To facilitate this, included in the recommendation to the report is a source of funding for this to proceed of $75,000. This cost will include the application for a Complying Development Certificate to authorise the demolition, the actual demolition and disposal of the existing house, hardstand areas, and any general waste on the site.

Consideration of Future Uses

In order for the suggestions that have been made to be considered, a further report will need to be prepared for the Council's consideration once exploration of the ideas has been undertaken. To assist in narrowing the extent of those investigations, it is suggested that Council indicate at this stage the area of land that it is considering for any other use other than retention for its environmental value. The following plan outlines the site and shows three zones within the site.

The Council's current Local Environmental Plan identifies the bottom approximately 1/3 of the site as Environmental Protection Land for permanent retention. The next zone to the north shown on the plan is the 10-metre setback zone specified by Council’s Development Control Plan for setback from bushland in any development application. Due to these requirements and the nature of the vegetation in this area, Council would not consider any other use of that area, other than for retention as bushland. Therefore, further consideration of the suggestions made would not involve these areas of the site.

The area along the western boundary was already owned by Council as a drainage reserve and is a natural linkage from Gay Street to provide public access to the southern end of this site. This would be retained and is currently classified as community land.

This leaves the remaining area of land at the northern end the site. Currently, there is a series of retaining walls, which provide a logical separation from the remainder of the site to the south. It is suggested that Council only consider future options for the site in respect of this section of the land.

Conclusion

As outlined above, it is recommended that the whole site be classified as operational land as an interim measure. Clearly, the bushland component of the site will ultimately be best categorised as ‘Community Land’ and this can be the subject of a future resolution. A further report will be prepared considering the suggestions arising from the consultation for the future use of the remainder of the site to the north. The proposed future change to the classification of the land will involve another round of community consultation.

Given the condition of the house, it is proposed to proceed with the demolition of the house immediately. To facilitate this, included in the recommendation to the report is a source of funding for this proceed with a budget of $75,000.

RECOMMENDATION

That Council:-

1. Classify the recently acquired property 14 Gay Street, Lane Cove, Lot A DP 360196 as operational land, pursuant to s31 of the Local Government Act 1993;

2. Note that Council can reclassify the land to community land by passing a resolution following 28 days public notice;

3. Commit, as a minimum, to in the future reclassify the Environmental Protection Zone and 10 metre Bushland Buffer Zone to Community Land for permanent retention and management as bushland;

4. Receive a further report in relation to the suggestions made, as applicable to the northern end of the site, as depicted in the plan included in the report, and the proposed permanent classification of the land;

5. Commit to undertaking a further round of community consultation on the proposed permanent classification of the land post consideration of the further report in Part 4., and

6. Allocate $75,000 from the Capital Works Reserve to fund the immediate demolition and disposal of the existing house, hardstand areas, and any general waste on the site.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Have Your Say Survey Responses - 14 Gay Street

6 Pages

Available Electronically

Ordinary Council Meeting 18 May 2023

Jean Mitchell Lucretia Baths - Community Consultation Outcomes

Subject: Jean Mitchell Lucretia Baths - Community Consultation Outcomes

Record No: SU8705 - 25122/23

Division: Human Services Division

Author(s): Diana Marder; Jane Gornall

Executive Summary

Jean Mitchell Lucretia Baths have been in existence since the 1920’s and currently operates under a lease between Council and Transport for NSW (TfNSW). The baths are now in a state of disrepair and a decision as to their future is required. The baths are currently closed due to safety concerns.

Council recently undertook extensive community consultation from 22 December 2022 to 28 February 2023 in relation to their future. During this consultation 301 responses were received. 80% of respondents were in favour of rebuilding the baths, 13% were in favour of demolition and 7% provided other comments or alternative suggestions.

Council has previously received estimates of the cost of rebuilding the baths as $600,000 however this cost would be subject to current pricing and the outcomes of a tender process. Previous grant applications for funding have been unsuccessful.

This report discusses the results of the community consultation and raises the issue of Council making a decision as to the future of the baths. Potential future steps are also considered if the decision is made to rebuild the baths or other considered and suggested options.

Background

The Jean Mitchell Baths (Lucretia Baths) in Dunois Street, Longueville have been in existence since the 1920s. The baths were originally built by the residents of the area for use as private baths. They originally operated under a lease between the residents and the Maritime Services Board (now Transport for NSW (TfNSW)). The lease was transferred to Council in 1992.

The Baths were reconstructed by community members in 1968 and 1987 and since the transfer of the lease Council undertook works in 1992 and maintenance repairs in 2006, including replacement of some of the wooden slats.

The site is on the Local Heritage List and is listed with the National Trust. It is one of the only three remaining examples of timber paling harbourside baths left in Sydney. The local Heritage listing (1987) states Of rarity value – one of 3 remaining examples of timber-paling harbourside baths left in Sydney. Of technical significance. Of Social significance to Longueville, illustrating public recreational use of harbour. Of aesthetic value and an important part of the picturesque riverscape of Woodford Bay.

The Baths are currently in a state of disrepair, showing signs of age and a rebuild is required. It is estimated that rebuilding of the Baths will cost approximately $600,000. This cost however would be subject to current pricing and the outcomes of a tender process.

Council has also unsuccessfully submitted two grant applications into the NSW Government Places to Swim - 2021/22 and 2022/23 Grant Program to rebuild the Baths and to enhance the surrounding foreshore area. It is apparent that this grant program is very competitive and much of the grant monies were allocated to projects that were newer proposals, of a much greater size and scale or had already been in a collaborative planning process with the NSW Government, for example, the projects located along the Parramatta River.

Following on from a consideration of this matter, Council at its meeting of 24 November 2022, resolved that Council:

1. Undertake Community Consultation as outlined in the report on the future of the Baths, with the options to include:-

a. Rebuilding of the Baths to attract and retain community use;

b. Demolition of the Baths and the rejuvenation of the area; and

c. Requesting the community to suggest other options.

2. Include in the consultation material information about the history of the Baths;

3. Erect signage at the Baths to deter usage of the Baths due to safety concerns;

4. Liaise with Transport for NSW – (TfNSW) about the options for the future of the Baths; and

5. Receive a report after the Community Consultation has concluded.

Appropriate safety warning signage were erected on the site during December 2022. Unfortunately, these signs were subsequently removed by unknown members of the community and replacement signs were erected on the site in March 2023.

This report provides feedback on the outcome of the consultation, the above resolution and the steps required to enable Council to make a decision on the future of this site in consideration of the lack of any assistance in grant funding.

Discussion

Community Consultation Outcomes

A consultation process was undertaken from 22 December 2022 to 28 February 2023 that included the following:

· Online survey

· Website page

· Sign on site

· Letter box drop to local residents

· Other Council communication channels ie social media, newsletters etc.

The community was asked what Council should do next and what their preferred outcome for the site was from the following two options:

1. Complete rebuild of the Baths (cost $600,000)

2. Demolition and removal of the Baths structure and the rejuvenation of the foreshore (cost $150,000)

A third option was also provided which was for the community to specify alternative options to a complete rebuild or demolition and removal.

A total of 301 responses were received. This included 267 responses to the survey and 34 separate written submissions. These responses included submissions from the Lane Cove Historical Society and the Longueville Residents Association.

The detailed responses have been forwarded to Councillors under separate cover in a Confidential Memorandum.

The results were as follows:

Option 1:

Complete rebuild of the Baths

Option 2:

Demolition and removal of Baths structure

Option 3:

Alternative and other options and comments

240 (80%)

40 (13%)

21 (7%)

As can be seen, the overwhelming response of the consultation (80%) was to completely rebuild the baths.

Alternative Options proposed

Option 3 asked if the community would like to provide alternative options for the site. These suggestions and other comments have been summarised and are discussed below:

Retain the jetty only with a wider walkway, with a pontoon for dinghies, revise lease arrangements to allow boats to drop off and pick up passengers

The use of the baths for the tethering of dinghies and the like has been an issue of ongoing concern for TfNSW and Council. Issues raised include use of the structure for tying up boats and supporting those living on boats in the bay, the excessive waste, street parking and raw sewerage being discharged into the baths.

TfNSW has advised that as a part of any new development or rebuilding on the site Council is to consider the replacement of the handrail on the platform on the western side of the baths to be conducive with discouraging the public from tying up tenders and using it as a jetty. Boating Safety Officers (BSO) have advised Council recently regarding the control of this unlawful usage.

Legal advice has also been recently received from Council’s solicitor regarding possible prosecution of this illegal activity under the Local Government Act.

Better management of dinghy storage

This refers to dinghy management in the vicinity and there are also concerns that the issue may be exacerbated if the baths are demolished. Council currently has a program that required that any watercraft that are stored along any of Council’s public foreshore areas needed to be registered with Council by 31 March 2022. Council has now started the process of removing abandoned watercraft from the foreshore and bushland areas and placing them in a storage compound.

There are no restrictions on where the registered watercraft can be placed.

Extension of slipway/ Slipway should be demolished due to pollution issues

The adjoining slipway is not a part of this site or under the control of Council as it is located on TfNSW land.

There have been ongoing issues relating to this slipway and pollution concerns that are currently being investigated by TfNSW as it is within their jurisdiction.

There have also been complaints from the community as a part of this consultation relating to the pollution issues arising from the existing slipway which is of great concern. These complaints relate to paints, chemicals and engine oil being discarded. This is especially considering the location of the slipway in such close proximity to the baths.

This issue is outside this subject site and is being managed by TfNSW as the owner of the site.

Retain and fix the existing baths rather than replacement

The baths are not in a structurally safe condition. The baths have been subject to maintenance over time. It is not feasible to simply repair the structure due to the state of the wooden structure.

Issues relating to proposed facilities on site and the pictorial representation of works on foreshore. Not appropriate to historic nature of site, dislike of seating, structures, umbrellas, landscaping pictured. No toilets, showers or any additional facilities due to size of site, no lights due to impacts on wildlife/owls. Less facilities for lower maintenance. Retain existing turf and trees. Remove or change design of fencing. Provide more trees on site for shade.

The pictorial representation of the foreshore included in the consultation was merely a graphical representation to give an idea of what may occur.

Any proposed redevelopment of the site would require a further detailed professional design which would be referred to a later Council meeting. This detailed design would consider the suggestions and issues raised in this community consultation. It is also acknowledged that this site is a relatively small one and any proposed facilities and features would need to consider the heritage and existing environmental issues on the site as well as the available services and budgetary constraints.

Provide toilets, change rooms, showers, sunshades, drinking tap, water refill, coffee cart/kiosk, BBQ facility on the site

As indicated above a further detailed design will be referred to a later Council meeting in consideration of the proposed redevelopment of the site and the facilities to be provided. An amenities building is not part of the initial cost estimate.

Changes to the design of the pool, use a different construction not timber, provide ramp access to pool, build a children’s paddling pool, use a concrete slab on the pool floor. Enlarge pool, dredge to deepen.

The site is a local heritage item and the timber construction is one of the main reasons for the listing. Whilst it is acknowledged that the site may be shallow at times, enlarging the pool would fall outside the current lease arrangements and would require TfNSW approval in consideration of the other activities occurring on the water. Council would be seeking to ensure that the site complies with accessibility requirements as a part of this design. The use of a concrete floor on the pool floor or dredging the site is unlikely to comply with environmental requirements and would detract from the nature of the swimming pool in the harbour.

Parking issues relating to live aboard boats, potential increase in traffic and parking from new development. Suggestions to restrict parking, have reserved parking areas, 4 hour parking zones, permits for residents.

Parking is an issue that should be considered as a part of the detailed design and proposal for the site. The site is currently constrained in relation to parking and traffic due to the current road system and parking availability. Consideration would need to be given to any development and its impact on the surrounding area.

It should be noted however that any development on the site would remove the use of dinghies for access to the liveaboard boats from this location.

Regular deliveries of sand

This would have to be considered at a later date following construction in light of environmental constraints and budgetary issues.

Dogs to be monitored/ allow dogs/ dog friendly swimming area

Dogs would be subject to the existing controls under the Local Government Act and Council’s dog management strategies. Their monitoring falls outside consideration of this project.

Plans should support kayakers, paddleboard users and recreational boaters. These uses could help support the costs

As discussed above, TfNSW and Council cannot support the use of any proposed structure for the storage of watercraft. Watercraft can be stored in the vicinity and within Council’s current registration policies. Any commercial use of the site would require a separate approval and would be contrary to the use of this public facility.

Video surveillance due to rubbish issues

This issue is outside the scope of this project however may be improved with the removal of a structure to tether dinghies and a consideration of appropriate rubbish facilities with the detailed design.

Volunteers can assist with maintenance, have offered bushcare volunteer work

This is a matter that could be considered after completion of any work.

Demolition but leave posts to prevent watercraft anchoring and pulling up in area

This is an option that could be considered if Council decides to demolish the structure. It would however require TfNSW approval as Council is likely to end the current lease arrangement if the baths are demolished.

Hold special events on site

This is outside the scope of this project however could be considered after the completion of any work.

The local residents should bear costs rather than whole Council area

The baths were originally constructed by the community and Council subsequently agreed to take over responsibility for them. As the structure is now a Council facility any renewal would typically be funded by Council’s budget.

Drone monitoring system for sharks, water monitoring system for water safety with Sydney Water eg Pyrmont

There is much new technology for the monitoring for sharks. This facility however, if the baths were to be rebuilt would be shark proof by means of the timber structure.

Sydney Water does regularly monitor Woodford Bay water quality and provides regular public updates through the Beachwatch program. Sydney Water have been involved in water monitoring for few of their new key sites within the Sydney catchment.

Preservation of mangrove habitat

If the baths were to be rebuilt they would be in the same location as the existing structure. Appropriate environmental controls in association with TfNSW would be complied with during the construction process.

Further general comments on the project raised in consultation

A summary of other general comments on the site from the consultation are provided below:

· Concern for sharks if shark proofing removed.

· There is no evidence of shark activity.

· It would be an act of Council vandalism to remove the baths

· The site has a great amenity, it is peaceful, good for families with a diverse range of people

· Council has not maintained the baths despite it being Council’s responsibility.

· The NSW State Government has recently been increasing swimming sites in the Harbour and there are many examples in other council areas.

· The quoted price seems too high for the baths replacement.

· It is the only free swimming area locally following the removal of Tambourine Bay baths.

· The Heritage nature of the baths, it is listed in the Local Environmental Plan, is an important part of the riverscape, it is of historical importance and is one of the last timber harbourside baths.

· Proposed cost is minimal compared to the benefits and the amount spent on Lane Cove Golf Course, Bob Campbell Masterplan and Blackman Park.

· The site is easier to access than Greenwich Baths.

· Council should apply for grant funding for the repair.

· The water is clean at Woodford Bay

· The site is rarely used for swimming, the baths are an eyesore.

· Dogs use of baths is unhygienic.

· Council unnecessarily monitors untethered dogs.

· Site was used extensively during Covid lockdowns

· Council neglects Ted Griffith Park.

· It is unfair to rebuild this site as Tambourine Bay was demolished.

· Would prefer the money was spent on Greenwich Baths or work on the beaches on the Lane Cove River.

· Should consider the climate emergency and hot weather in any decision.

Local approval process

Consultation has been carried out with Council’s Heritage Adviser regarding requirements of any Council approvals if the baths were to be reconstructed in the same location with the same materials, design and construction methods as the original structure.

It has been advised that that they support the proposed methodology of the reconstruction of the baths on the basis of authentic use of original materials, design and construction methods. The similar reconstruction would reinstate the original form of the baths and respect the original reasons for listing. The work would preserve the original integrity of the baths and their construction to the foreshore of Woodford Bay. For these reasons the work should not require consent under Clause 5.10 Heritage Conservation of the Lane Cove Local Environmental Plan.

It should be noted that if any works or other works were to be carried out in an alternate manner or design or in alternate materials, development consent may be required.

Steps required to progress the works

To progress with any works on this site the next steps would include:

· Detailed design of the proposal

· Consultation report to Council to endorse a detailed design

· A local approval process (if any works required other than a rebuild of the existing structure).

· Any required TfNSW approval processes and required reports/documentation

· Undertake a tender process to appoint contractor

· Management of construction project to completion.

Consultation with Transport for NSW

TfNSW have advised that there are no objections to the proposal however have provided the following advice:

If the baths are to be reconstructed in the same location and form:

· Council is to consider the replacement of the handrail on the platform on the western side of the baths to be conducive with discouraging the public from tying up tenders and using it as a jetty. Boating Safety Officers (BSO) have advised Council recently regarding the control of this unlawful usage.

· They require full and proper plans to be submitted and approved (under Clause 12 of the lease) prior to any works commencing. At the completion of the works, Council will need to provide a Works As Executed (WAE) survey report and Port Bed Clearance Report (PBCR) to ensure the structure remains within the lease footprint and there is no debris left on the seabed.

· It would also be appropriate to enter into an up to date lease or licence agreement for the premises.

If the structure was to be demolished:

· Council would need to remove all structures or any part thereof from TfNSW land and provide a suitable Port Bed Clearance Report including underwater photos to confirm that all structures have been removed and the port bed is left clear and free from debris.

· The lease is currently on a yearly holdover requiring at least one month’s notice prior to the expiration (12^th August) in any year to terminate the lease, effective on that date and provided all structures have been removed satisfactorily.

If Council wished to carry out other unspecified works on TfNSW land:

· A consultation process would be required usually by presentation of a draft Review of Environmental Factors for their consideration and any uses would need to be in keeping with those permitted under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 for that zone. If all works were to be on land above the mean high water mark and were not to impact on the waterways then TfNSW would not need to provide approval as the landowner.

Conclusion

Along the river foreshore, Council has a number of properties which include structures that are used by the community for water-based activities. Many of the structures were constructed by the community with volunteer labour, without necessarily meeting typical construction standards. Council’s existing asset management regime does not seek to fund to replace these structures. Typically the lessee, a community entity, contributes financially to the replacement of their structures. As the baths are not proposed to be operated by any community group and no other financial assistance is available, Council needs to weigh up the relative merit of renewal of the baths compared to other community needs, to determine the future of the baths.

It is recommended that Council determine the future of the Jean Mitchell Lucretia Baths site in consideration of the results of the public consultation outlined in this report and budgetary considerations.

Depending on the decision, a further report outlining the details of the design for the site will be presented to Council and be the subject of further consultation.

RECOMMENDATION

That Council:

1. Receive and note the results of the community consultation on the future of the Jean Mitchell Lucretia Baths; and

2. Determine the future of the Jean Mitchell Lucretia Baths site.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 May 2023

Bob Campbell Oval - Procurement of Consultants for Tender Documentation

Subject: Bob Campbell Oval - Procurement of Consultants for Tender Documentation

Record No: SU8695 - 25853/23

Division: Open Space and Urban Services Division

Author(s): Helen Haigh

Executive Summary

This report provides a review of quotes and recommendation of consultants for the next phase of Bob Campbell Oval upgrade, preparation of design documentation and specification for tender.

It is recommended that Taylor Brammer Pty Ltd be engaged for the Bob Campbell Oval preparation of tender for the landscape detail documentation and specification and that AgEnviro be engaged to provide the detailed design, specification and maintenance plan for the turf field.

Background

At it’s February 2021 meeting Council endorsed the delivery program for the Bob Campbell Oval project. Upon finalisation of the Master Plan for Bob Campbell Oval the next stage for this project (see Table 1 below) is to obtain quotes from a suitably qualified consultant to provide detail design and tender specifications to deliver the project and another consultant to provide a detailed design, specification and maintenance plan for the turf field. A recommendation for the proposed consultants is then to be reported to Council for endorsement.

*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	3	4	Undertaken concurrently
Review quotes and recommend preferred consultants	1	2
HOLDPOINT - Council meeting			Councillors to endorse preferred consultants

Engage successful Landscape Architect and turf consultant for tender documentation	1	2
Tender document finalised including design and specification documentation	8	10
Review of Environmental Factors (REF) and Part 5	4	7	May include use of existing REF
Tender process	4	5
Review tenders	2	3
Tender presented at Councillor’s workshop
HOLDPOINT - Council meeting			Councillors to endorse tenderer
Preferred tenderer recommended to Council for endorsement

Table 1 – Extract from the endorsed Delivery Plan

Discussion

Two Request for Quotes (RFQ) were advertised for 3 weeks, from 27 March and closing Monday 17 April on Vendor Panel which is the platform recommended by Local Government Procurement (LGP).

The first RFQ was prepared and placed on Vendor Panel (VP) for suitably qualified Landscape Architecture Consultants for consideration. 31 companies out of 70 registered companies read the RFQ, 15 declined to respond and the following three consultants submitted a quote:

1. Complete Urban Pty Ltd

2. Sala4D

3. Taylor Brammer Pty Ltd

The second RFQ was prepared and placed on VP, as well as emailed directly to 4 consultants, for a suitably qualified Natural Turf consultants, for consideration. From the VP procurement platform 4 out of 7 of the LGP registered companies read the RFQ, 2 declined to respond and 1 submitted a quote. Out of the other 4 directly emailed consultants only one submitted a quote. In total 2 consultants submitted a quote:

1. AgEnrivo

2. Green Horticultural Group (GHG)

As part of the selection and evaluation process the quotations were evaluated on the following criteria:-

· Price

· Capacity and Capability

· Experience in Sports Field Masterplans

· Experience/Capacity in Community Consultation

· Environmental/Sustainability Policy

Company	Price (40%)	Capacity & Capability (25%)	Experience in Detailed Design & Spec (25%)	Sustainability/ Environmental Policy (10%)	Rank
Complete Urban	preferred			preferred	2
Sala4D					3
Taylor Brammer		preferred	preferred		1

Table 2 - Landscape Architect

Company	Price (40%)	Capacity & Capability (25%)	Experience in Turf Design and Spec (25%)	Sustainability/ Environmental Policy (10%)	Rank
GHG	preferred		Equally preferred	Equally preferred	2
AgEnviro		preferred			1

Company

Price (40%)

Capacity & Capability

(25%)

Experience in Turf Design and Spec (25%)

Sustainability/

Environmental Policy (10%)

Rank

GHG

preferred

Equally preferred

AgEnviro

preferred

Table 3 - Natural Turf consultant

The turf consultants proposed different methodology for turf design. GMG proposed a Perched Water Table, which requires the removal of around 400mm of soil and replacing with a gravel base layer and then sand growing medium for turf. This configuration requires higher inputs of fertilisers and pesticides due to high permeability and requires higher watering rates.

Agenviro are proposing a Naturalised Soil Profile, which includes improving the existing soil profile rather than using imported materials. This configuration holds moisture in the soil, and requires less fertilisers and pesticides. AgEnviro states that their design should handle approx. 50 hours of use per week

After applying a weighted scoring evaluation on all submissions, Taylor Brammer was the preferred Landscape Architect and AgEnviro the preferred turf consultant. It is recommended that Taylor Brammer be accepted for the detail documentation and specification for the landscape design component and AgEnviro be accepted for the detail documentation and specification for the turf detail design and specification of Bob Campbell Oval.

Conclusion

Having recorded the highest score, it is recommended that Taylor Brammer Pty Ltd be engaged for the Bob Campbell Oval preparation of tender for the landscape detail documentation and specification and that AgEnviro be engaged to provide the detailed design, specification and maintenance plan for the turf field.

RECOMMENDATION

That Council:

1. Accept the quote from Taylor Brammer Pty Ltd;

2. Accept the quote from AgEnviro as the natural turf consultant; and

3. Authorise the General Manager to engage Taylor Brammer Pty Ltd and AgEnviro.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 May 2023

Draft Managing Conflicts of Interests for Council-related Developments Policy

Subject: Draft Managing Conflicts of Interests for Council-related Developments Policy

Record No: SU6840 - 24442/23

Division: Corporate Services Division

Author(s): Stephen Golding

Executive Summary

The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 commenced on 3 April 2023. The purpose of the amendment is to ensure the planning system remains transparent and accountable in relation to Council-related development.

The purpose of this report is to seek Council endorsement for the Managing Conflicts of Interests for Council-related Developments Policy (AT-1) to comply with the Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023.

It should be noted that this is a standard template policy set out by the regulation.

Background

The Amendment Regulation requires Council to adopt a formal policy for the management of any

potential conflicts that may arise in relation to Council-related development where Council is the consent authority.

A Council-related development application is defined as a development application for which the Council is the consent authority, that is –

a. made by or on behalf of the Council, or

b. for development of land –

I. of which the council is an owner, a lessee or a licensee, or

II. otherwise vested in or under the control of the council. Land vested in or under the control of the Council includes public land within the meaning of the Local Government Act 1993.

Council prepares local planning policies and assesses and determines development applications. Council can also be a developer, landowner or hold a commercial interest in land. Where Council has this dual role, an inherent conflict can arise. Identifying these conflicts early and finding ways to address them is crucial to good governance and allows Council to strengthen its relationship with the community as well as build and enhance trust with the community.

This Regulation requires Council to manage conflicts of interest that may arise in connection with

Council-related development applications. Where Council is the consent authority, the matter will be determined by the Local Planning Panel. Where a Council-related development application is over $5 million in value, it will be determined by the Sydney North Planning Panel, which is a separate consent authority.

Discussion

A draft Managing Conflicts of Interests for Council-related Developments Policy has been developed in accordance with the statutory requirements. The amendment to the Regulation commenced on 3 April 2023.

It is recommended that the policy be endorsed as it is in the format as set out in the Regulation guidelines template and, as such, does not require public exhibition.

Council’s current conflict of interest management strategies are consistent with the proposed strategies, it is not envisaged that the policy will create any additional workload or disrupt existing Council processes for managing conflicts of interest for Council-related development applications.

While it is considered that public exhibition is not required, the community shall be informed as per Council’s Engagement Strategy i.e., Council’s Website & E-newsletter.

RECOMMENDATION

That Council:

1. Endorse the draft Managing Conflicts of Interest for Council-related Developments Policy; and

2. Inform the community of the policy as per Council’s Engagement Strategy, including via Council’s website and e-newsletter.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Draft - Policy ES -10 Managing Conflicts of Interest for Council-related Development

6 Pages

Available Electronically

Ordinary Council Meeting 18 May 2023

2022/23 Budget - Third Quarter Budget Review

Subject: 2022/23 Budget - Third Quarter Budget Review

Record No: SU9002 - 22331/23

Division: Corporate Services Division

Author(s): Sarah Seaman

Executive Summary

The 2022/23 Budget - Third Quarter Review involves a number of variations to both income and expenditure estimates. Taking into consideration the proposed variations from the Third Quarter Budget Review, the projected 2022/23 overall operating result has been revised to a surplus of $12.2M, with the operating result before grants and capital contributions forecast to be a surplus of $0.55M. 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)	Sept & Dec Quarter Adjustments (000’s)	March Quarter Adjustments (000’s)	Revised Budget (000’s)
Expenditure - Operating	55,881	1,487	431	57,799
Income - Operating	56,184	1,235	934	58,353
Surplus/(Deficit) before Capital Grants & Contributions	303	(252)	503	554
Income - Capital	10,214	1,265	170	11,649
Surplus/(Deficit)	10,517	1,013	673	12,203

Summary of Budget Movements

Operational Income:

- $934K Increased Operational Income is made up of:

- $100K Increase – Other revenue received for The Canopy

- $27K Increase – Grant received for bush regeneration at Gore Creek Reserve

- $22K Increase – Grant received for bush track maintenance at Tambourine Bay

- $82K Increase – Grant carryover for EPA Local Transition Fund

- $503K Increase – Additional income received from interest on investments

- $200K Increase – Additional income received from Development Applications

Operational Expenditure

- $431K Increase Operational Expenditure is made up of:

- $100K Increase – Repairs and Maintenance for The Canopy

- $27K Increase – Grant received for bush regeneration at Gore Creek Reserve

- $22K Increase – Grant received for bush track maintenance at Tambourine Bay

- $82K Increase – Grant carryover for EPA Local Transition Fund

- $200K Increase – Additional legal fees relating to Development Application appeals

Capital Income

- $170K Increase Capital Income is made up of:

- $61K Increase – Grant received for Hughes Park Community Garden

- $109K Increase – Grant received from LRCI for 50% interest subsidy for Sport & Recreation Facility Loan

Capital Expenditure

- $424K Increase Capital expenditure is made up of:

- $61K Increase – Grant received for Hughes Park Community Garden

- $218K Increase – Interest expense for Sport & Recreation Facility Loan

- $85K Increase – Pedestrian Bridge in Burns Bay Reserve

- $60K Increase – Design of the St Leonards South Early Education and Care Services

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 March 2023 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)	Sept & Dec Quarter Adjustments (000’s)	March Quarter Adjustments (000’s)	Revised Budget (000’s)
Expenditure - Operating	55,881	1,487	431	57,799
Income - Operating	56,184	1,235	934	58,353
Surplus/(Deficit) before Capital Grants & Contributions	303	(252)	503	554
Income - Capital	10,214	1,265	170	11,649
Surplus/(Deficit)	10,517	1,013	673	12,203

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Budget Review for the Quarter ended 31 March 2023

11 Pages

Available Electronically

Ordinary Council Meeting 18 May 2023

Greener Neighbourhoods Grant Summary - Trees on Private Land

Subject: Greener Neighbourhoods Grant Summary - Trees on Private Land

Record No: SU8784 - 24727/23

Division: Open Space and Urban Services Division

Author(s): Helen Haigh

Executive Summary

Council was successful in receiving grant funding for the Greener Neighbourhoods Grant, in mid-2022, to run a series of community engagement workshops. The workshops were to identify barries or negative perceptions residents may have for trees on private land.

Council has received the final report with findings and recommendations. Relevant recommendations have been incorporated into the Urban Forest Strategy. This report seeks Council support to apply for future grant funding to carry out events and/or projects to build knowledge of residents around the benefit of canopy trees on private land.

Background

The NSW Government has set a target of 40% tree canopy cover for Lane Cove to be achieved by 2036. Whilst this has been achieved, Council needs to ensure there is no net canopy loss consistent with the Council’s declaration of a climate emergency in 2019 to implement actions to reduce carbon emissions and increase sustainability and resilience measures.

Since 2020 Council has been improving the systems used to manage public trees and increase canopy cover. This has been achieved through the purchase of Tree Plotter software and on ground mapping of all street and park trees on public land as well as aerial imaging of vegetation in 2021. The Urban Forest Strategy was adopted in March 2023, providing Council with a strategy and implementation plan. The Strategy is a holistic approach to protect, through effective management, the existing tree canopy whilst increasing public knowledge to facilitate enhanced understanding of the value of trees.

Council identified through investigations for the Urban Forestry Strategy, that the LGA was losing canopy cover on private land, particularly with new developments. Urban tree canopy is a key factor in mitigating urban heat. Establishing a healthy urban forest on public and private land is critical in protecting future vulnerable communities. Council applied for the Greener Neighbourhoods Grant in early 2022 to run a series of community engagement workshops to identify barriers or negative perceptions local residents may have for trees on private land. By identifying these issues, Council will gain the necessary tools to develop materials for urban heat mitigation and alleviate the concerns of residents.

Council was successful in the grant application for funding to aid this project.

Discussion

The strategy for this project was to undertake a community engagement project with Lane Cove residents on the importance of planting and protecting trees on private land. Council engaged Gallagher Studios to undertake a series of workshops with local residents targeting certain areas with known low canopy cover. Gallagher Studios has pioneered many similar community engagement projects including the ‘Cool Streets Program’ and have worked on tree canopy projects for the NSW Government Architect, Infrastructure NSW.

Workshop 1

Workshop 1 collected data on the issues residents have with trees on private land and their negative perceptions toward them. The locations for these workshops were held at The Canopy between 9:00am – 11:00am and Kingsford Smith Oval between 1pm and 3pm. The workshops were interactive using ‘dotmocracy boards’ and visual presentation panels to enable meaningful engagement to collect data from residents who would not normally participate in surveys.

Workshop 2

Workshop 2 was held at the same locations and times. After collecting and synthesising data from the first workshop the second workshop utilised the data captured from the first workshop to refine and challenge the messages received from the respondents.

Post the workshop, Gallagher Studios then compiled the data into an Engagement Outcome Report and presented key findings and recommendations on how to improve tree retention on private land through community engagement. The Final Engagement Outcome Report AT-1 and A Summary Case Study is attached at AT-2.

From the two workshops, the key findings were that Workshop 1 participants did change their preferences when the benefits of each tree type were shared. There was a shift away from selecting small trees to selecting medium or large trees. However, concerns about gum trees were still evident. In Workshop 2 the changes were more dramatic. The Water Gum, which had the lowest environmental and economic benefits and provided moderate habitat value was the most popular choice initially. After information was provided, the Smooth Barked Apple was the most popular choice because of its environmental and habitat benefits.

Four lessons were learned:

· Relying on images alone meant that many participants often choose smaller trees. Changes occurred when detailed information on the environmental, economic and habitat value of trees was included.

· Providing comparisons between various tree species also allowed people to see the relative merits of each tree type.

· One of the most important considerations for participants in Lane Cove was habitat. In workshop 1 many residents expressed how important it was to them that trees contribute to habitat and nature in the city. This information helped to refine the information in workshop 2.

· Many participants expressed concerns about trees. Providing more targeted materials may assist in alleviating these concerns.

The following recommendations are made to assist in the delivery of more tree canopy on private land across the LGA.

1. In future tree engagement processes, develop consultation materials that include detailed data on the benefits of planting medium to large trees including environmental, shade and habitat values. Ensure that there are a range of different species of varying sizes are included and where possible provide specific information on their growth rates and maintenance. Explore using engagement processes such as dotmocracy panels to improve transparency and information sharing.

2. Consider developing a pilot community program to promote new native tree planting in gardens. This could focus specifically on the habitat benefits of the plant and could provide a benefit to landowners for tree survival (i.e., a small gift one year after planting).

3. Share the importance of endemic planting native trees in gardens with the wider community. This may be the development of an online portal or a physical marker on landmark trees.

4. Consider developing a pilot project that tracks habitat in garden trees. This may be a project promoted through local schools or clubs and could be designed to encourage “citizen scientists” to track and monitor native birds in local trees in their yard. Share and promote this over social media.

5. Consider offering residents free arborist visits or advice on pruning and maintenance of large gum trees. This could also provide advice on new tree planting. Council may explore state funding avenues, similar to the Greening our City grant program in order to fund this initiative in addition to their current arborist services.

6. Consider providing new homeowners with substantial habitat trees in their yards with a fact sheet on the significance of the tree, and ways to manage and maintain their tree. Consider providing free advice on pruning and maintenance.

The table below summarises the recommendations and displays what items are covered in Council’s daily operations or incorporated into the UFS.

Number	Summary	Operational	New
1	Develop consultation engagement material	UFS 3.1.h, 3.3.b	Resource the development of engagement material
2	Promote new native tree planting – focusing on habitat	Backyard Habitat Program / UFS (3.1.c, 3.3.a)	Potential to expand to include properties not adjacent to bushland
3	Share importance of endemic planting	Tree Trails / online information – tree trail and backyard habitat webpages	Resource the development of an interactive portal
4	Pilot project that tracks habitat in garden trees		Resource the development of pilot project to track habitat in garden trees
5	Offer free Arborist visit / advice	UFS 3.1.h	Resource this
6	Provide new homeowners with information on their significant trees		Resource this

Overall, the recommendations require additional resourcing outside of Council’s current operational budget. This report seeks support for applying for external funding to expand current programs and develop and/or pilot other recommendations.

Conclusion

The grant is now complete and final engagement report has been received by Council. Council staff have assessed recommendations from the final report and analysed how they can be incorporated into future programs and budgets. Given Council’s limited financial capacity, additional resourcing and funding will be required to carry out the recommendations in full.

RECOMMENDATION

That Council:

1. Receive and note the report; and

2. Endorse applying for external funding to expand and resource new and current programs around community engagement to protect canopy trees on private land.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View	Final Report- Greener Neighbourhoods - Lane Cove Trees on Private Land	30 Pages	Available Electronically
AT‑2 View	Greener Neighbourhoods - Trees on Private Land - Case Study Summary Page -	1 Page	Available Electronically

Ordinary Council Meeting 18 May 2023

Lane Cove & St Leonards Parking Study

Subject: Lane Cove & St Leonards Parking Study

Record No: SU1326 - 25521/23

Division: Open Space and Urban Services Division

Author(s): Sashika Perera

Executive Summary

Council engaged Cardno Traffic and Transport Consultants (now known as Stantec) to undertake a comprehensive study of the parking arrangements in the Lane Cove Village and St Leonards. The purpose of the study is to improve the utilisation of existing parking spaces while ensuring that future parking demands are met for all users in the Lane Cove Village and St Leonards in line with Council’s Community Strategic Plan. The purpose of the report is to seek approval for the implementation of the recommendations identified in the parking study included as AT-1.

Community Consultation was undertaken in two stages as part of the Study. Stage 1 focused on gathering community views on the current parking arrangement in the Lane Cove Village. Community consultation was undertaken by means of two online workshops, one for businesses and the other for residents. A further online survey was set up for 6 weeks to gather wider community feedback on the parking arrangements in Lane Cove Village and St Leonards.

Stage 2 of the consultation process focused on the draft study with findings and recommendations and was undertaken via an online survey for a period of 6 weeks.

In addition to the above, Council’s Advisory Committees: Age Friendly, Access and Inclusion and Bicycle were also consulted.

Background

Over the past 20 years Council has not undertaken a review of its parking arrangements in the Lane Cove Village and the current arrangements have developed over these years. Changes to parking arrangements in the Village are generally implemented by community requests or to solve specific issues. All these changes over time can produce inconsistent parking restrictions that can be confusing and inefficient.

Due to the rezoning of St Leonards a review of the parking arrangements is required to ensure they are consistent with the redeveloped precinct.

The purpose of this study is to improve the utilisation of existing parking spaces while ensuring that future parking demands are met for all users in the Lane Cove Village and St Leonards in line with Council’s Community Strategic Plan. The objectives of the study are to:

· Improve the efficiency of parking provisions for all users.

· Promote the use of sustainable transport options to reduce dependence on private car use; and

· Manage parking demand across Lane Cove Village and St Leonards.

Figure 1 – Lane Cove Village and St Leonards Parking Study Areas (Red Dotted Line)

The study was required to understand the supply and demand for parking, parking restrictions and parking costs, to assist with identifying constraints and opportunities and developing recommendations that consider the needs of different user groups. Integration with active transport, public transport and EV charging stations were also considered.

Discussion

Council engaged Cardno to study the parking arrangements in the Lane Cove Village and St Leonards. Cardno’s process undertook a review of the strategic context, site audits, data collection, data analysis, community consultation and then developed a series of recommendations.

Strategic Context

Involved a review of State documents and standards along with Council’s internal strategic documents, as well as other relevant technical standards and guidelines.

Site Audit

Site analysis of the existing parking arrangements and inspections to observe behaviour and record signage issues for Council maintenance.

Discussion

Data Collection:

The parking surveys took place on Friday 3 December 2021, 7:00am –8:00pm; and Saturday 4 December 2021, 8:00am –9:00pm. The surveys were undertaken to capture hourly occupancy of on and off-street parking locations, as well as the duration of stay. Council Supplied data for off-street carparks (March 2021), allowing a historic comparison. Council also supplied data for on-street parking (March 2022), providing further data to support recommendations.

Data Analysis

The data was then analysed and a summary of peak parking occupancies, duration of stay patterns, traffic flow and traffic peaks were developed.

Community Consultation – Stage 1

Consultation with both residents and businesses was undertaken. Council initially sent letters to all businesses in the Village asking them if they were interested in joining a consultative meeting. Unfortunately, no replies were received for this first attempt. Council’s Commercial Operations Manager then personally contacted several businesses in the Village to see if they were interested in attending the workshop. From this engagement, six businesses agreed to participate in a one-hour on-line workshop. Of the six that agreed to attend only four attended.

For the community workshop Council initially randomly distributed 200 letters to residents in the streets around the Village. From this first attempt, Council only received one response. For the second attempt Council again randomly distributed approximately 200 letters to residents in streets around the Village. This time the letter was a personal invitation signed by the Mayor and Council offered a $50 voucher to all residents who agreed to participate in the workshop. 12 residents subsequently attended a workshop on 12 April 2022.

An online survey was advertised on Council’s website which was accessible to all members of the public from 20 April to 30 May 2022. A total of 63 responses were provided, with most of the responses being from residents of the Lane Cove LGA and a small portion of responses from residents of a neighbouring LGAs.

As the construction of the developments in St Leonards South has not commenced, workshops for the St Leonards study area were not considered necessary. All developments in St Leonards and St Leonards South are required to provide parking for residents and their visitors so the on-street parking arrangement will generally be for drivers outside the LGA.

Community Consultation – Stage 2

A wide area consultation on the findings and recommendations was undertaken following the completion of the draft study. An online survey was advertised on Council’s newsletter, social media, and Have Your Say website for 6 weeks, closing on 29 November 2022. A total of 24 responses were provided, 10 of the submissions supported the draft recommendations, 3 opposed all measures and 11 provided comments only.

Council’s Advisory Committees: Age Friendly, Access and Inclusion and Bicycle were also consulted. Cardno and Council officers presented the study scope of works, methodology, findings, and draft recommendations to their respective meetings.

All feedback was collated, revised, and considered to prepare the final study report.

Recommendations:

An Executive summary of the recommendation from the Draft Lane Cove Village and St Leonards Parking study is in AT-1. Following is a summary of the recommendations for the Lane Cove Village and St Leonards.

1. Lane Cove Village:

· On street parking demand in the Lane Cove Village varies from street to street. Considering the unique parking demand of each street, treatment proposals were provided on a street-by-street basis, with a focus on streets that exceed 85% capacity, or have issues identified from the site audit, community consultation and discussions with Council.

· The location of accessibility parking spaces is mostly close to shop fronts in Lane Cove Village, which is suitable for accessibility use. However, there are opportunities for improved accessible parking opportunities on either side of Longueville Road within the Lane Cove Village. Most accessibility parking spaces in the Lane Cove Village are highly utilised, and the proposed treatments are to adjust current parking restrictions from unlimited to time restricted to improve utility and investigate locations suitable to introduce more accessibility spaces.

· Senior parking is highly utilised in Lane Cove Village and is desired by Lane Cove residents as reflected in community consultation. However, seniors parking is not a standard parking restriction type, therefore limiting the commentary that can be made for the parking provision. Based on community desire a proposal has been made to provide an extra seniors parking space.

· Electric vehicle charging is still an emerging trend, and spare capacity exists for current charging station supply. It is recommended that Council introduce a Lane Cove Council LGA Electric Vehicle strategy for future planning.

· The overall Loading Zone demand in the Lane Cove Village does not exceed capacity, however, loading zones surrounding busier commercial areas such as Longueville Road and Burns Bay Road show significantly higher utility than other loading zone areas. Issues identified for loading zones have mainly come from site audit observations and community consultation, whereby certain parking and road restrictions have impacted the loading zone performance, and treatment proposals have been provided with a focus on these issues.

· Car share is still an emerging trend, and present car share in the Lane Cove Village has shown low utility. It is recommended that Council prepare a Lane Cove Council LGA Car Share strategy to plan for future car share needs.

· Feedback from community consultation and observations of differing utilisation levels in off-street carparks has suggested a need for an upgrade of the current static wayfinding around Lane Cove Village. It has been proposed that wayfinding be implemented at gateways of the Village and at decision-making intersections to aid motorists in selecting car parking areas, which will help with better distribution of car parking volumes around the village.

· The following changes to the recommendations were implemented following the second round of community consultation:

i. Replace the existing ‘Loading Zone’ in Birdwood Lane by the intersection with Rosenthal Avenue with a ‘No parking – Authorised Council Vehicles Excepted Restriction’ to facilitate community bus service pick-ups and drop-off and Council’s staff access to The Canopy.

ii. Relocate the parking lane on Birdwood Avenue from the north side to the south side, increasing the number of parking spaces. 8 metres long timed ‘No Parking – 6am to 3pm Wednesday’ restrictions will be provided to facilitate the cleanup service at 14 Birdwood Avenue.

2. St Leonards:

· Recommendations listed are to identify potential changes in on-street parking conditions to suit the future uplift conditions in St Leonards, south of the Pacific Highway. With the significant increase in residential density, coupled with restricted on-street car parking provision, on-street parking will be required to provide a balance for short-term options associated with the retail / commercial offerings fronting the Pacific Highway, medium-term parking for visitors to the area

· Traffic analysis shows that accessibility parking in the St Leonards study area has spare capacity available, though community consultation shows that the community desires more accessibility parking. Council has already committed to providing additional on-street accessible parking.

· Loading zones in the St Leonards study area are well utilised, and overall, the loading zone supply appears to satisfy current demand. Considering future development in the St Leonards study area, it is proposed to consider more loading zones in areas of mixed-use development and near site links.

Conclusion

The Lane Cove Village and St Leonards Parking Study was developed by Council in collaboration with Cardno. The purpose of this study is to improve the utilisation of existing parking spaces while ensuring that future parking demands are met for all users in the Lane Cove Village and St Leonards in line with Council’s Community Strategic Plan.

It is recommended that the Lane Cove Village and St Leonards Parking Study recommendations be adopted, and its recommendations implemented once approved by Council.

RECOMMENDATION

That Council adopt the recommendations of the Lane Cove Village and St Leonards Parking Study, included as AT-1.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View

Parking Study - Lane Cove Village and St Leonards V7

244 Pages

Available Electronically

Ordinary Council Meeting 18 May 2023

Bush Fire Risk Management Plan

Subject: Bush Fire Risk Management Plan

Record No: SU4906 - 25585/23

Division: Open Space and Urban Services Division

Author(s): Jeff Culleton

Executive Summary

The purpose of this report is to advise on the implementation of the Bushfire Risk Management Plan (BFRMP). Before a BFRMP can be endorsed by the NSW Bushfire Coordinating Committee, the plan must be available for public review for no less than 8 weeks. This report recommends that the draft BFRMP be on public display commencing May 2023 as per NSW Rural Fire Service (RFS) advice.

Background

The Bushfire Risk Management Plan for Hunters Hill, Lane Cove, Parramatta and Ryde councils was prepared by the Bushfire Management Committee in conjunction with the NSW Rural Fire Service. The aim of the plan was to identify the assets at risk and prioritise hazard reduction works over the coming 5 years. Hazard reduction works include hazard reduction burns as well as manual hazard reduction works undertaken as part of the Bush Regeneration Program.

This Bushfire Risk Management Plan (BFRMP) has been prepared by the Hunters Hill, Lane Cove, Parramatta, Ryde Bushfire Management Committee (BFMC) pursuant to section 52 of the Rural Fires Act 1997.

The aim of this BFRMP is to reduce the risk of adverse impacts of bush fires on life, property, infrastructure and environmental, economic, cultural, agricultural and community assets. The objectives of this BFRMP are to:

Objective 1: Reduce the number of human induced bush fire ignitions and their potential to cause damage to life, property, infrastructure and environmental, economic, cultural, agricultural and community assets.

Objective 2: Manage fuel to reduce the rate of spread, intensity and impact of bush fires on life and assets while minimising damage to environmental and cultural values.

Objective 3: Increase the community’s resilience to bush fires by improving its preparedness, response and recovery.

Objective 4: Provide advice and strategies to plan, prepare and implement activities to effectively contain fires with the potential to cause damage to life, property, infrastructure and environmental, economic, cultural, agricultural and community assets.

Discussion

The Bushfire Risk Management Plan (BFRMP) was prepared by the Bushfire Management Committee (BFMC) in conjunction with NSW Fire and Rescue (RFS). The draft plan is to be placed on public exhibition for 8 weeks commencing in May to July 2023.

Under the Rural Fires Act 1997 this plan must be reviewed and updated within each successive five-year period following the constitution of the BFMC. The Hunters Hill, Lane Cove, Parramatta, Ryde BFMC will also review this plan as necessary. This may be triggered by a range of circumstances, including but not limited to:

· Changes to the BFMC area, organisational responsibilities or legislation

· Changes to the bushfire risk in the area or

· Following a major fire event.

This BFRMP identifies the assets that are considered by the Hunters Hill, Lane Cove, Parramatta, Ryde BFMC and community to be at risk from bushfires, assesses the bushfire risk to each asset and assigns treatments designed to mitigate the risk.

Assets in the BFMC area identified as requiring treatments including asset protection zones and hazard reduction are listed in the fuel management register (refer to Appendix 2 fuel management register). Specific treatments assigned to each of the assets are also listed in the fuel management register.

The Rural Fire Service (RFS) identifies the need for Asset Protection Zones (APZ’s) in Lane Cove bushland reserves on a case by case basis. The RFS advises Council of requirements for individual APZ’s and Council staff undertake the necessary on-ground works, including long term maintenance works. Hazard reduction clearing in Council’s bushland reserves is carried out by Council staff and contractors as required as part of the ongoing bush regeneration program.

Standard BFMC wide treatments (i.e. not linked to specific asset) which occur on an ongoing basis within the BFMC area are tabled in pages 9 – 11 of the BFRMP.

Community Consultation

Statement of Intent

The consultation is designed to seek feedback from the community of the Bush Fire Risk Management Plan. Any comments received will be reviewed and evaluated to determine whether any revisions are required to the plan prior to adoption.

Method

Level of Participation	Inform	Consult	Consult
Form of Participation	Open	Targeted	Targeted
Target Audience	Lane Cove Community	Relevant Council Advisory Committees	Local Community groups
Proposed Medium	Public Exhibition, Website Exhibition and Survey, eNewsletter and Social Media	BMAC	Notification Letters eg Lane Cove Bushland and Conservation Society
Indicative Timing	23nd May – 18th July 2023

Conclusion

It Is recommended that the Draft Bush Fire Risk Management Plan be put on public exhibition for the period of 8 weeks commencing in May to July 2023 inclusive.

RECOMMENDATION

That Council:

1. Council endorse the draft Bush Fire Risk Management Plan for the purpose of public exhibition and consultation be undertaken for a period of 8 weeks as outlined in the report; and

2. A further report is submitted to Council following the exhibition period, to consider the final plan for adoption.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View	Hunters Hill-Lane Cove-Parramatta-Ryde - Draft BFRMP 2023-2027	41 Pages	Available Electronically
AT‑2 View	Current Risk to Cultural Aboriginal Assets_Hunters Hill_Lane Cove_Parramatta_Ryde	1 Page	Available Electronically
AT‑3 View	Current Risk to Economic Assets_Hunters Hill_Lane Cove_Parramatta_Ryde	1 Page	Available Electronically
AT‑4 View	Current Risk to Environmental Assets_Hunters Hill_Lane Cove_Parramatta_Ryde	1 Page	Available Electronically
AT‑5 View	Current Risk to Residential Assets and SFPP_Hunters Hill_Lane Cove_Parramatta_Ryde	1 Page	Available Electronically
AT‑6 View	Fuel Management Register and Focus Areas_Hunters Hill_Lane Cove_Parramatta_Ryde	1 Page	Available Electronically

Ordinary Council Meeting 18 May 2023

Community Assistance Grants to Community Groups 2023-2024

Subject: Community Assistance Grants to Community Groups 2023-2024

Record No: SU8825 - 25586/23

Division: Human Services Division

Author(s): Susan Heyne

Executive Summary

This Report discusses the 2023/2024 Community Assistance Grant application process and recommends various grants. Under Section 356 of the Local Government Act 1993, Council may grant Financial Assistance to Community Organisations. Council each year Council calls for applications for financial assistance from community groups either based in the Lane Cove Local Government Area (LGA) or those whose assistance addresses the identified needs of people within the LGA.

The 2023/2024 Community Grants program was promoted through Council’s Website and through an extensive mailout during December 2022. Applications closed on 3 March 2023. The 2023/2024 budget includes a provision of $521,000 for Financial Assistance to Community Groups. Council has received a total of 20 applications requesting funds to the value of $601,628.

Background

Community organisations play a critical role in providing vital community and recreational activities and keeping the community healthy and connected. Council’s approach to working with local

community organisations is to work in partnership so that the local community can receive high

quality services and participate in volunteering and community orientated activities improving their

connectedness and ability to participate.

Community Grant Applications Received for 2023/2024

Currently Council’s Community Grants to community organisations fall into the following

categories:-

· Arts and Cultural Services;

· Services for Youth;

· Community Services including age and disability;

· Community Development and Support.

· Sporting programs; and

· Facility upgrades.

Applications are assessed against the criteria provided in the Guidelines attached as AT-1.

Applicants are required to show how their application meets the needs of Lane Cove by referring to

Council’s Plans. It is noted that following the development of the Disability Inclusion Action Plan 2022-2026 (DIAP) additional criteria and questions regarding inclusion have been added to the Community Grants processes to ensure people living with disability are considered and included in the projects.

The commitment for Council based on the recommendations from the Council Selection

Committee of 8 May 2023 is $436,938. A copy of these recommendations has been circulated

separately to Councillors in a Confidential Memo.

Recurring commitments to community organisations total $44,526.85 and are listed in AT-2. The

majority of these are longstanding commitments providing subsidised rate payments, or other financial relief. An amount has been allocated within the Financial Assistance budget to cover these costs, and also includes an amount of $12,000 for Council to manage the funds for the running of the Lane Cove Art Award, including prize monies. In addition to this commitment, an amount of $6,000 has been provided to the Lane Cove Art Society to boost the art prize to $15,000.

Two community groups have been recommended to receive funds from the Cultural Venue Performance Hire Subsidy Funds for the 2023/2024 financial year with a total amount of $4,433.

The total amount of the Financial Assistance Grants Program recommended in this Report is

$499.897.85

Discussion

The funding recommendations were made with focus on several areas including:-

· Support to longstanding and established organisations within the community, namely Sydney Community Services and Centrehouse Inc to deliver services to the community; and

· Support to community groups for projects that can be successfully completed within the 2023/2024 financial year.

Sydney Community Services and Centrehouse Inc (Gallery Lane Cove + Creative Studios)

In the 2021/22 Community Assistance Grant funding round Council agreed to enter into a 3-year Service Agreement with both Sydney Community Services and Centrehouse Inc. The 3-year agreements will provide funding security to the organisations whilst also allowing for flexibility if circumstances change for the organisations.

Sydney Community Services and The Meeting House

In January 2021, Sydney Community Services and The Meeting House amalgamated under the banner of Sydney Community Services. Prior to the amalgamation, the Meeting House received funding from Council’s Community Grants program. Sydney Community Services’ funding application for 2023/2024 includes funding for The Meeting House.

Managing Applicant expectations

In previous years, some applications for funding have asked that Council bear the full cost of the project. In 2021 Council resolved to require applicants to provide a co-contribution, either as funding or an in-kind contribution. Organisations who are unable to provide a co-contribution are required to provide an explanation as to why the organisation is unable to contribute to the program. The Guidelines and application form for the 2023/2024 funding round clearly indicate Council’s expectations regarding co-contributions.

Other than for Sydney Community Services and Gallery Lane Cove + Creative Studios, the maximum amount of funding is limited to $10,000. The average amount of funding requested in 2023/2024 was approximately $6,500.

Application process

The application process in 2023/2024 used the online SmartyGrants program. Feedback from applicants on the use of the online program was generally positive and the program ensures that all applications and supporting information is contained to one place. The cost of using the SmartyGrants program is an annual fee of $7,500 (incl. GST) and is funded out of the Community Assistance Grants budget.

Financial Assistance Grants Comparisons with Other Areas

It is difficult to compare what occurs in other Council areas because:-

· Each Council is different as there is a mix of community based and local government services;

· In some areas organisations apply for funds under the ClubGRANTS program;

· There is no consistent accounting procedure across councils which captures the value of

contributions that councils provide to local organisations; and

· Some councils may support local groups out of separate line items as identified in their Delivery and Operational Plans and budgets.

Community Grants Presentation

Each year, Council invites all funded groups to a Presentation Ceremony in August. This provides the opportunity for Council to showcase its Grants Program and for local groups to receive recognition for the work they do in a wider forum. It also offers community groups the opportunity to network and connect with other local organisations. It is suggested that the practice be continued, and the ceremony take place on Wednesday 2 August 2023. The presentation evening is funded out of the Community Assistance Grants budget.

Community Consultation

Council will give four (4) weeks Public Notice of the Community Assistance Grants to Community Groups following the adoption of this report, using the method of consultation outlined.

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	eNewsletter and Council Notices on Website	Website Exhibition
Indicative Timing	May - June	May - June

Conclusion

Council’s Community Assistance Grants Program assists in the development of a range of

community based services which meet, and are responsive to, changes in the needs of people living and working in Lane Cove. It promotes equitable outcomes in terms of access to services and quality of life for all residents. Council uses its planning documents to assist in organisations’

understanding the needs of the community and in assessing the grant submissions.

RECOMMENDATION

That Council:

1. Give consideration to Community Assistance Grants and the Cultural Venue Performance Hire Subsidy Funds to Community Groups for 2023-2024;

2. Give public notice of the proposed funding in accordance with the consultation strategy outlined in this report and, subject to no objections being received, grant the funds; and

3. Host the Community Assistance Grants presentation ceremony in August 2023.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

AT‑1 View	CAG 2023-2024 - Guidelines	4 Pages	Available Electronically
AT‑2 View	CAG 2023-2024 - Standard Rates and contributions for Councillors - 2023-2024	1 Page	Available Electronically

Ordinary Council Meeting 18 May 2023

Proposed Voluntary Planning Agreement for Area's 16 and 17 - St Leonards South Precinct

Subject: Proposed Voluntary Planning Agreement for Area's 16 and 17 - St Leonards South Precinct

Record No: SU8525 - 25845/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council undertook community consultation on the proposed Voluntary Planning Agreement (VPA) for 11-19 Holdsworth Avenue and 12-20 Berry Road, St Leonards (Areas 16 and 17 at the St Leonards South Precinct) between 5 April and 5 May 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, Altis Bulky Retail Pty Ltd as trustee for Altis ARET Sub Trust 22.

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.

Altis Bulky Retail Pty Ltd propose to undertake a development at Areas 16 and 17 (11-19 Holdsworth Avenue and 12-20 Berry Road, St Leonards) comprising two (2) multi-story residential flat buildings containing 180 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.

Subject to the granting of development consent for the Development, the VPA provides for the construction and dedication to Council of Infrastructure and public benefit supporting the St Leonards South Precinct as noted in Schedule 4 of the VPA.

Discussion

From a public benefit perspective, 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 16 and 17 will deliver the following in accordance with Specifications associated with the St Leonards South Precinct:-

1. Dedication in perpetuity to Council of a stratum parcel of land in Area 16, identified as 11 Holdsworth Avenue, St Leonards being a stratum lot limited in depth to allow for basement parking below the road and formerly part of Lot 10 Section 2 in DP 7259 and constructed as part of a 15m wide pedestrian and bicycle link connecting Berry Road and Holdsworth Avenue embellished in accordance with the “Specifications for Public Open Space in the St Leonards South Precinct”;

2. Dedication in perpetuity to Council of a parcel of land in Area 17, limited in height and depth (which may be a Strata Lot), comprising of a multi-purpose (childcare centre and community hall) facility of 600 square metres and an outdoor play space of 450 square metres with direct connection between these spaces, provided in accordance with the “Specifications for Community Facilities in the St Leonards South Precinct”;

3. Dedication in perpetuity to Council of 1 affordable housing dwelling in Area 17 where each dwelling shall comprise an internal area of at least 70 sqm (plus basement storage) and one car space, in accordance with the “Specifications for Affordable Housing in the St Leonards South Precinct”.

The VPA was placed on public exhibition for community consultation until 5 May 2023. There were no submissions received in response to the public exhibition, however one (1) submission was received relating to the draft planning agreement when the DA was exhibited in October 2022:-

“Setbacks and bulk already allowed in this DA makes the building towers too large and too (sic). A VPA should not be allowed”.

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

Conclusion

The proposed VPA will benefit the community and future residents of the proposed development of Areas 16 and 17 in the St Leonards South Precinct via the construction and dedication (free of cost) to Council of: a new 15m wide pedestrian and bicycle link connecting Berry Road and Holdsworth Avenue; childcare centre and community hall; and, one (1) affordable housing dwelling. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement.

It is therefore recommended that Council note the submissions received during the community consultation process and proceed with the proposed Voluntary Planning Agreement for Areas 16 and 17 (11-19 Holdsworth Avenue and 12-20 Berry Road, St Leonards).

RECOMMENDATION

That Council:

1. Receive and note the report;

2. Council enter into a Voluntary Planning Agreement with Altis Bulky Retail Pty Ltd in respect of the development of Areas 16 and 17 (11-19 Holdsworth Avenue and 12-20 Berry 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 18 May 2023

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

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

Record No: SU238 - 20279/23

Division: Corporate Services Division

Author(s): Stephen Golding

Executive Summary

This report outlines the 2022/23 Third 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.

Background

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

Discussion

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 Third 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 Third Quarter include:-

· Sunset in the Village and Autumn Harmony events were held this quarter and were promoted widely across digital and print platforms,

· First ever Council event held at Mindarie Park – ‘Power of the Bush’ kids performance and film screening as a part of Sunset in the Village,

· The Disability Inclusion Action Plan 2022 – 2026 (DIAP) was adopted at the February Ordinary Meeting of Council with implementation well underway,

· World Pride was celebrated in Lane Cove with a Pride Flag decal in the Plaza, events such as the Silver Rainbow walk and a webinar for parents and guardians of LGBTQIA+ Young People,

· The Local Studies section hosted 203 Year 3 and Year 4 students (over four days) from Lane Cove Public School for a class on Community and Remembrance,

· The Senior's Festival was held in February with a program that proved popular with many events being booked out. Events hosted by Council included a Senior's First Aid Course, Scam Awareness Seminar, and a Laughter workshop,

· International Women's Day was celebrated in partnership with our business breakfast event. Guest speaker was local businesswoman and Zjoosh founder, Kellie Rigney,

· The Home Library Service visited 116 individual clients and eight institutions in the Lane Cove and Hunters Hill local government areas,

· Fit out works continued for the new St. Leonards Library,

· The Lane Cove Community Nursery distributed a total of 1,835 plants through various Council programs supporting revegetation completed by Lane Cove residents, Council Staff and Council Contractors,

· 346 Bushcare Volunteer hours were carried out over 39 Bushcare sessions,

· The Harbourcare program continues to facilitate rubbish clean-ups in our local reserves and waterways. Council recorded 4 clean-up events, with a total of 54 volunteers active in this period, 76.5kg of rubbish was removed and >1,616 individual pieces recorded,

· Nursery volunteers completed a total of 597.78 hrs. This effort resulted in the potting up of 3,724 new plants and the propagation of 62 trays of seed and cutting material,

· The Backyard Habitat provided 257 tubestock to residents for improving wildlife corridors throughout Lane Cove LGA,

· The Bush Friends program continues to support volunteers to regenerate and maintain bushland areas a total of 158 hours of Bush Friends field work were undertaken occurred across 17 sites over 34 supervised sessions,

· Bush Kids Term One 2023 program had a total of 13 activities scheduled with 298 people participated in the activities at five locations,

· Nature Connections program offered 12 events to the community with 112 participants joining activities such as plant propagation, tree planting, bird watching and Creating a Butterfly Garden zoom presentation,

· Introduction of a new Community Engagement Strategy,

· Implementation of Council’s revised CovidSafe Workplace Management Directive,

· Assistance provided to the NSW Electoral Commission with the successful running of the 2023 State Election,

· Finalisation of Council’s Cyber Security Policy and Incident Response Plan,

· Significant progression in the development of a new Council Website and Community Engagement application,

· A part of the implement resilience solutions across three pilot apartment complexes, 11 events have been held to identify, prioritise local hazards and risks, and develop resilience solutions,

· Council launched the Meet Your Neighbours toolkit in March in partnership with Willoughby City Council. The launch involved a project showcase to share learnings with other councils and organisations, a vertical neighbourhood webinar promoting the toolkit, and small grants for residents to host ‘get to know your neighbour’ events which attracted over 75 applications and funded 50 community events,

· The Sustainability Levy has been utilised to fund a total of 42 projects covering the areas of environmental, social, and economic sustainability,

· Developed Apartment Waste Improvement Program to date has engaged 7 buildings and over 900 individual units, and

· Councils' partnership with RecycleSmart has continued to provide residents with a pick-up service of tricky to recycle items such as soft plastics, batteries, textiles and small e-wastes. This quarter, the service provided 1,002 pickups and diverted 5,219kgs of material from landfill.

RECOMMENDATION

That the Third 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 - 3rd Quarterly Review 2022 - 2023

200 Pages

Available Electronically