Logo Watermark

Agenda

Ordinary Council Meeting

24 August 2023

Council will commence consideration of

all business paper agenda items at 7.00 pm.

LC_WebBanner

Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 24 August 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, 23 August 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 REFLECTION 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 JULY 2023

Mayoral Minutes

2. Mayoral Minute - Update On Meetings With New NSW Government Ministers....................................................................................................................... 6

3. Mayoral Minute - Idling of Private Buses Causing Excessive Air Pollution...................................................................................................................... 9

Orders Of The Day

Notices of Motion

4. Notice of Motion - Report into Proposed Free Period Product Trial......................................................................................................................................... 10

5. Notice of Motion - Motion for LGNSW Conference Regarding LGNSW Conference Locations......................................................................................... 12

6. Notice of Motion - Report Into Council's Potential Liability for Defects in the Improvements at 266 Longueville Road........................ 15

Officer Reports for Determination

7. Strategy for Acquisition of Properties in St Leonards South for Open Space and Sale of the Closed Section of Berry Lane.............. 17

8. Community Renewables Program - Procurement Evaluation.......... 22

9. Emissions and Water Use Targets Review.................................................. 27

10. Annual Financial Statements for 2022/23 - Referral for Audit....... 33

11. Lloyd Rees Memorial Youth Art Award - Request for Change of Name......................................................................................................................................... 35

12. Appointment of Community Representatives to the Theatre Space Planning Reference Group; the Age-Friendly Lane Cove Committee and the Public Art Committee.......................................................................... 37

13. Traffic Committee - July 2023............................................................................ 40

14. Fourth Quarter Review - 2022/23 Delivery Program and Operational Plan............................................................................................................................... 42

15. Outcome of the Negotiations for the Appointment of a Head Construction Contractor for the Lane Cove Sport and Recreation Facility........................................................................................................................ 45

Officer Reports for Information

16. Council Snapshot July 2023............................................................................... 48

Questions With Notice

17. Questions With Notice - Sport and Recreation Facility Building Contract Procurement....................................................................................... 91

18. Questions With Notice - Pottery Lane vs. 266 Longueville Road..... 93

19. Questions With Notice - 266 Longueville Road Lease............................ 95

Ordinary Council Meeting 24 August 2023

Mayoral Minute - Update On Meetings With New NSW Government Ministers

Subject: Mayoral Minute - Update On Meetings With New NSW Government Ministers

Record No: SU6479 - 48661/23

Division: Lane Cove Council

Author(s): Councillor Andrew Zbik

Executive Summary

This Mayoral Minute provides an update on the meetings held with the Mayor, Council staff and new NSW State Ministers.

Discussion

At the Ordinary Council Meeting on 18^th May 2023, a Mayoral Minute was adopted unanimously noting which NSW State Ministers had been contacted to request a meeting with Council staff and myself as Mayor (Refer Resolution 63/2023).

Below is a summary of the actions that have arisen from the various meetings that have already taken place:

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

Meeting held on 27^th July 2023 with Deputy Chief of Staff.

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.

a. Council Officers have provided more information around this idea.

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

a. General discussion. Ministers staff will provide details to Council on future grants.

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

a. Advised that the State Government is working on policy to be announced in due course.

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

a. Advised that the State Government is working on policy to be announced in due course. Expressed that Council is keen to participate in any trials for virtual solar grids, community solar, solar on strata programs.

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

a. Advised that the State Government is working on policy to be announced in due course.

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

Meeting held on 11^th August 2023 with the Minister’s Deputy Chief of Staff and the General Manager.

1. Inclusion of Affordable Housing in Build to Rent Project in St Leonards

2. Update on Wadangarri Park and authorities required to certify with Sydney Trains to open to public.

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

a. Shared our preference for policy change per previous Council resolutions.

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

5. 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.

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

The Hon Jo Haylen MLA - NSW Minister for Transport

Meeting held on 20^th July 2023 with representatives of Minister Haylen and Transport for NSW.

1. Update on Wadangarri Park and authorities required to certify with Sydney Trains to open to public.

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

a. Action: Council Officers have shared our records from the community survey on issues with local bus service.

3. 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.

a. Council Officers have shared information about the work that Council has done on 'hub and spoke' approach to local bus services to Transport for NSW staff.

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

a. Transport for NSW will formally respond.

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

a. Transport for NSW will formally respond.

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

a. Council Officers have shared information on progressing the Burn Bay Road Cycleway.

b. General discussion about amending delegations to make it easier for Council's to implement cycling infrastructure.

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

Meeting held on 5^th July 2023 with Minister Hoenig and staff from Office of Local Government.

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

a. Council Officers shared feedback of how existing rate pegging methodology has not provided for increase in Council’s population growth and the associated services that are required with an increased population.

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

a. Shared our preference for policy change per previous Council resolutions.

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

a. Shared our preference for policy change per previous Council resolutions.

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

a. Shared our preference for policy change per previous Council resolutions.

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.

a. Council Officers shared feedback around the problems posed by ‘Build to Rent’ schemes that do not provide an affordable housing component or an equitable contribution to Council Rates compared to equivalent ‘normal’ residential developments that hose the same population.

RECOMMENDATION

That Council notes this Mayoral Minute.

Councillor Andrew Zbik

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Notice of Motion - Report into Proposed Free Period Product Trial

Subject: Notice of Motion - Report into Proposed Free Period Product Trial

Record No: SU825 - 48158/23

Division: Lane Cove Council

Author(s): Councillor Rochelle Flood

Executive Summary

This motion seeks to ascertain the cost and feasibility for the 2024/2025 budget year to include a proposed trial of free period products in a limited number of facilities and buildings run and managed by Lane Cove Council.

Background

Period poverty describes the effect of those who menstruate missing out on community engagement and educational opportunities because of being unable to afford or ask for menstrual products. Period poverty has a particularly detrimental effect on those who are homeless, whether that means sleeping rough, couch surfing or staying in unstable or overcrowded accommodation excluding them from employment and social opportunities.

Governments at many levels are taking action to address this inequality. Free menstrual products are supplied in Scotland (all public buildings, under Scottish legislation), New Zealand (schools), and Victoria (schools). The NSW Department of Education is trialling a schools program in 2021. Melbourne City Council agreed in April 2021 to fund a year-long pilot program to make sanitary products available in public change rooms, recreation centres, swimming pools, community centres and libraries. In December last year, Inner West Council moved to introduced free period products in their council run facilities.

Discussion

Council could adopt a similar program, making free period products available in Council run libraries, pools, community centres, and highly utilised public toilets such as those around The Canopy.

The benefits of initiating such a program would include:

• Ensuring supply of essential hygiene products to people in need.

• Facilitating increased community and educational engagement by girls and women, reducing barriers to education (library) and sporting opportunities (pools, public toilets at sportsgrounds).

• Reducing the stigma associated with periods.

Period products are not a luxury item and are as basic and essential a need as toilet paper for almost half the population. It is time we start to recognise them as such.

RECOMMENDATION

That Council:-

1. Receives a report from Council Officers on a pilot program of supplying free period products in Council-run libraries, pools, community centres, sporting ground change rooms, and highly utilised public toilets. The report includes an assessment of the need for the service, the potential benefits, and the approximate cost for the 2024/2025 FY budget; and

2. Notifies relevant community organisations, health services, schools, and sports clubs about the pilot.

Councillor Rochelle Flood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Notice of Motion – MOTION FOR LGNSW CONFERENCE REGARDING LGNSW CONFERENCE LOCATIONS

Subject: Notice of Motion - Motion for LGNSW Conference Regarding LGNSW Conference Locations

Record No: SU825 - 48161/23

Division: Lane Cove Council

Author(s): Councillor Rochelle Flood

Executive Summary

This Notice of Motion requests Council to submit a motion to the 2023 LGNSW Annual Conference in regard to the locations of where the Conferences are held.

Background

This year’s LGNSW Conference is to be held at Rosehill Racecourse. Previous Western Sydney based conferences have also been held at racing venues.

Discussion

While it is important for LGNSW to provide suitable venues for conferences and events, it is equally vital that we uphold ethical considerations and avoid potential harm to our community members. Racing venues, including race clubs and tracks, are primarily associated with gambling activities, which can lead to a range of social and economic problems. Hosting council events at these venues can inadvertently contribute to normalising gambling behavior and exposing attendees to a potentially harmful environment.

There are several pressing concerns associated with hosting LGNSW events at racing venues:

Gambling Addiction and Harm: Racing venues are often centres for gambling activities, including betting on horse races. Such activities can lead to gambling addiction, financial strain, and other related issues that negatively impact individuals and their families.

Normalisation of Gambling: Hosting LGNSW Conferences at racing venues can inadvertently send a message that gambling is an acceptable and regular form of entertainment. This contradicts LGNSW’s mission statement which puts driving positive outcomes for local communities as a priority.

Social Inequity: Gambling venues have been shown to disproportionately affect vulnerable populations, including low-income individuals and those with pre-existing gambling problems. Hosting LGNSW conferences at these venues may inadvertently perpetuate social inequity.

Negative Public Perception: Associating council events with gambling venues can tarnish the reputation of LGNSW and the local government sector more broadly, potentially eroding public trust and confidence in our decision-making processes.

Introducing a policy that ensures racing venues are not chosen for conferences and LGNSW events will help address these concerns. LGNSW should seek venues that align with community values and contribute positively to the social fabric of our community.

Motion

Title: Venue Policy for LGNSW Conferences and Events

Background notes

This year’s LGNSW Conference is to be held at Rosehill Racecourse. Previous Western Sydney based conferences have also been held at racing venues.

There are several pressing concerns associated with hosting LGNSW events at racing venues:

Motion

That LGNSW introduces a policy that prohibits the hosting of LGNSW conferences, events, or functions at racing venues, including race clubs and similar establishments, due to the associated problems and negative impacts such venues may pose.

RECOMMENDATION

That Council submits a motion to the 2023 LGNSW Conference calling on LGNSW to introduce a policy that prohibits the hosting of LGNSW conferences, events, or functions at racing venues, including race clubs and similar establishments, due to the associated problems and negative impacts such venues may pose.

Councillor Rochelle Flood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Notice of Motion – REPORT INTO COUNCIL’S POTENTIAL LIABILITY FOR DEFECTS IN THE IMPROVEMENTS AT 266 LONGUEVILLE ROAD

Subject: Notice of Motion - Report Into Council's Potential Liability for Defects in the Improvements at 266 Longueville Road

Record No: SU1566 - 48266/23

Division: Lane Cove Council

Author(s): Councillor Merri Southwood

Executive Summary

This Notice of Motion asks that Council receive a report outlining Council’s potential liability under Section 33 of Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 as developer of the improvements to be constructed at 266 Longueville Road.

Background

Section 33 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (the Act) grants to the Secretary of the Department of Customer Service the power to issue building work rectification orders if the Secretary has a reasonable belief that building work was or is being carried out in a way that could result in a serious defect in a residential apartment building or that a residential apartment building has a serious defect.

Section 4 of the Act defines a developer as:-

a. the person who contracted or arranged for, or facilitated or otherwise caused, (whether directly or indirectly) the building work to be carried out,

b. if the building work is the erection or construction of a building or part of a building--the owner of the land on which the building work is carried out at the time the building work is carried out,

c. the principal contractor for the building work within the meaning of the Environmental Planning and Assessment Act 1979 ,

d. in relation to building work for a strata scheme--the developer of the strata scheme within the meaning of the Strata Schemes Management Act 2015 ,

e. any other person prescribed by the regulations for the purposes of this definition.

Section 3 of the Act states that "residential apartment building" means a class 2 building within the meaning of the Building Code of Australia , and includes any building containing a part that is classified as a class 2 component, but does not include any building or part of a building excluded from this definition by the regulations.

Council is the owner of the land known as 266 Longueville Road.

Council, as owner, has granted a 99-year lease over the land contained in Folio identifiers 1/321353 and 1/1227921, being part of the land known as 266 Longueville Road, to Longueville The Village Pty Ltd (LTV) as trustee for Longueville The Village Unit Trust (LTVT).

Clause 12.2 of the lease permits LTV to carry out works at 266 Longueville Road.

Clause 24 of the lease states as follows:-

Limitation of Liability

a. The Landlord acknowledges and agrees that:

i. the Tenant enters into this lease in its personal capacity only until the commencement of the Trust, at which time the Landlord agrees that the Tenant will be taken to be party to this deed only in its capacity as trustee of the Trust;

ii. subject to clauses 24(a)(i) and 24(c), the Tenant is not liable to pay or satisfy any of its obligations under this lease and has no liability to the Landlord except to the extent of the Tenant's right of indemnity out of the assets of the Trust; and

iii. if those assets are insufficient, the Landlord (subject to clause 24(c)) may not seek to recover any shortfall by bringing proceedings against the Tenant personally and may not seek the appointment of a liquidator, administrator, receiver, or similar person to the Tenant or to prove in any liquidation, administration, or arrangement of or affecting the Tenant.

b. Subject to clauses 24(a)(i) and 24(c), the Landlord waives its rights and releases the Tenant from any personal liability whatsoever in respect of any loss or damage which cannot be paid or satisfied out of the assets of the Trust.

c. The Tenant is liable personally and is not released to the extent that a liability under this lease arises out of the Tenant's own fraud, negligence, breach of trust or breach of duty which disentitles it from any indemnity out of the assets of the Trust in relation to the relevant liability.

d. Notwithstanding any of the provisions of this lease the liability of the tenant is limited by the provisions of this clause 24. If there is any inconsistency with any other provision of this lease, this clause 24 is paramount.

Note From the General Manager

This Notice of Motion is addressed by the response provided in relation to the Question with Notice from Councillor Kennedy included in the Business Paper.

RECOMMENDATION

That Council receives a report at its next meeting outlining Council’s potential liability under Section 33 of Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 as developer of the improvements to be constructed at 266 Longueville Road.

Councillor Merri Southwood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Strategy for Acquisition of Properties in St Leonards South for Open Space and Sale of the Closed Section of Berry Lane

Subject: Strategy for Acquisition of Properties in St Leonards South for Open Space and Sale of the Closed Section of Berry Lane

Record No: SU8525 - 47124/23

Division: General Managers Unit

Author(s): Craig Wrightson; David Stevens

Executive Summary

This report outlines the strategy for the commencement of acquisition of properties for creation of the new park in St Leonards South. It also seeks authorisation for the disposal of the closed section of Berry Lane via a land swap with the owner of Area 22 and part sale to the owner of Area 23, as proposed in Council’s Development Control Plan for the precinct. It is recommended that Council commence the voluntary acquisition process initially with circa $18 million available and accept a unit to the value of $1.2M to provide affordable / key worker housing, bringing the total in the precinct to 44 units.

Background

This limited SLEP amendment and associated DCP provides for the acquisition of the properties 16-24 Park Rd and 19-25 Berry Rd to be transformed into a new park to serve the precinct.

A map of a neighborhood

Description automatically generated

To achieve this outcome, Council adopted the St Leonard South Section 7.11 Development Contributions Plan (s7.11 plan) which provided for the acquisition of the land and subsequent development as a park.

As several developments have now been approved with the first one having commenced construction and others soon to follow, funding will now become available to commence the voluntary acquisition of the properties. Given the total funding required to acquire the properties is circa $36,000,000, it will take some time to acquire all the properties.

Council has indicated to the affected residents that its preference is to voluntarily acquire the properties as funding becomes available rather than wait until all funding is received and acquire all the properties at once. To allow the process to commence, this report outlines a strategy for the acquisition process.

In a related matter, Council at its meeting of 23 March 2023 resolved to partially close the southern end of Berry Lane to facilitate the development of Areas 22 and 23 in the precinct. Council has now obtained a title for the land and reached agreement for part land swap and part sale of the property with the owner of areas 22 and 23, JQZ Twelve Pty Limited ACN 169453196 as trustee for JQZ Twelve Unit Trust.

Discussion

Acquisition of Properties for New Park

The proposed St Leonards South Park is some 3,500 sqm of land comprising 10 properties. The s7.11 plan requires the developers to make contributions for the acquisition of the land and subsequent development as a park. The s7.11 plan was adopted in April 2022 following a review by IPART. The acquisition rate for the land contained in the plan was set at $9,750 per square metre. With indexation, the acquisition rate (and developer contribution rates) have increased by 7% (Sydney All Groups CPI March 2023) to $10,432 square metre. The s7.11 plan also provides for expenses that are equivalent to what would be claimable under the Land Acquisition (Just Terms Compensation) Act 1991 (JTC Act) in relation to compensation for disturbance and for disadvantage resulting from relocation. As this rate formed the basis for calculating the contributions to be made by developers, any variance would impact collection of the total funds necessary to acquire all the properties and undertake all the works identified in the s7.11 plan. It is therefore proposed that Council seek Expressions of Interest from owners to sell their properties based on the s7.11 per square metre rate in the plan, with the valuation determined by multiplying the rate by the land area for each parcel of land. It is noted that in calling for expression of interest from the affected land owner, that Council is seeking to determine if the affected land is available for public sale or if the Council’s proposed acquisition of the land would trigger the application of the JTC Act. Having regard for the operation of s5 of the JTC Act.

It is noted that the acquisition of the affected land is authorised by s186 of the Local Government Act 1993 (LG Act) where it is intended that the affected land be acquired by private agreement pursuant to s 187of the LG Act having regard for the objects of s 3(1)(e) of the JTC Act which preferences the acquisition of land by agreement.

There are currently four developers who have commenced construction or will commence construction by October 2023 within the precinct which will deliver circa $18 million of the total $36 million required for all properties. While this is a significant amount, it will not allow all properties to be acquired. Given the likelihood of this scenario, various options for determining the acquisition order/pattern for the properties has previously been outlined to the affected property owners. As no agreement could be reached, Council has essentially only two other options. One common factor in both these options is that with the imminent physical closure of the southern portion of Berry Lane, an interim turn around facility is proposed. Ideally, providing the ability for vehicles to exit the Lane where it intersects with Area 22 either to Park Rd or Berry Rd would negate the need for the interim turn around facility. Both of the proposed acquisition pattern options address this matter, they are:-

Acquisition Pattern 1 – From Area 22 Heading North

Order	Park Road Property no.	Approx Land Area sqm	Berry Road Property no.	Approx Land Area sqm
6	16	445	19	441
5	18A	220	21
4	18B	220		434
3	20	220
2	22	220	23	438
1	24	430	25	430

The main advantage of this pattern is that it creates separation to the first areas to be developed, areas 21 and 22.

Acquisition Pattern 2 – From the Edges Inwards

Order	Park Road Property no.	Approx Land Area sqm	Berry Road Property no.	Approx Land Area sqm
2	16	445	19	441
5	18A	220	21
6	18B	220		434
4	20	220
3	22	220	23	438
1	24	430	25	430

The key advantage of this pattern is that it creates separation to both Area 20 and, Areas 21 and 22. Whilst Area 20 is not currently the subject of a development application, given it will take time to accumulate sufficient funds to acquire all properties establishing a buffer to Area 20 is desirable. Given this outcome, it is the recommended pattern.

The selected acquisition pattern will be implemented as follows:-

• Advise all property owners of Council’s selected acquisition pattern and invite expressions of interest within 30 days for acquisition at the s7.11 rate + compensation, as outlined earlier in the report. Face-to-face meetings will be available for affected property owners during the 30 day period to ask any questions.

• The first round of acquisitions will be undertaken immediately, with approximately $18M anticipated to be available by October 2023.

• The acquisition of properties will proceed based on Council’s selected pattern.

• If an EOI is received which includes agreement to the s7.11 Rate, acquisition will proceed.

• If no EOI is received or an EOI is received which rejects the s7.11 Rate – acquisition will not proceed with that property and the opportunity for acquisition will be given to the next property in the pattern. Any property which does not respond or rejects the s7.11 offer will be further considered when a full cycle through the pattern is completed.

• When available funding has depleted such that there are only funds available to acquire part of a property, Council will temporarily internally ‘borrow’ the money to allow completion of the acquisition transaction for that property. These funds will be repaid from the next s7.11 funds received, prior to proceeding with acquisition of the next property in the pattern.

• Subsequent rounds will occur when funding is available to acquire a minimum of one property.

Sale and Land Swap of southern end of Berry Lane to facilitate the development of Areas 22 and 23

Council at its meeting of 23 March 2023 considered a report in relation to the partial closure of the southern end of Berry Lane and resolved in part: -

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

Council’s DCP has mandated several planning-related actions within Locality 8 (St Leonards South Precinct) for new connections, infrastructure, services, open space and the like (AT-2). Council’s Development Control Plan (DCP), Part C “Residential Localities”, Locality 8, Section 5 -Access, states “Close Berry Lane and incorporate into development sites, with equivalent area dedicated to Council along the Park Road frontage”. Per the DCP, Area’s 21, 22 and 23 within the LEP require the existing Berry Lane for integration into the proposed development.

The DCP outlines that the owner will undertake a land swap of the Lane area with Council, in exchange for dedicating an equal amount of land along the Park Road frontage. While a land swap is possible for Area 22, in the case of Area 23 it is not possible to dedicate an equal amount of land along the Park Road frontage, and therefore the owner would need to purchase the land.

The road closure process has now been completed, and Council has a Certificate of Title for the land, which will allow the sale to proceed. Council engaged property valuers HillPDA to prepare a valuation of the land which is included as AT-1. The valuation has regard to the inclusion of residential floor space on the lane way fronting River Road with the remainder being used for private open space and the fact that there is limited market for the land. The value has been determined at $1.196M. The owner of Areas 22 and 23 has proposed that, in lieu of making a cash payment they will dedicate a unit to Council for affordable/key worker housing with a retail value of $1.2M. Based on their current market estimates (which will be independently verified of the transaction proceeds), this will equate to a unit of approximately 60sqm, which includes 1 bedroom and a study, with 1 car space. This is consistent with other contributions for additional benefit in the precinct and will increase the number of affordable/key worker housing apartments in the precinct to 44 apartments.

In relation to the proposed land swap in Area 22, it comprises approximately 368 square metres of the closed section of Berry Lane behind Area 22, being swapped for land on the title of Area 22 fronting Park Road, to provide an increased setback of approximately 6m. As the transaction is like for like, no value adjustment is required.

Conclusion

Council, by October 2023, will reach a stage in the St Leonards South Precinct where it is able to proceed with acquisition of the first properties to ultimately be used for the new 3,500 sqm park to service the precinct. As funding is not available to proceed with all properties currently, it is proposed that Council adopt a strategy of acquiring properties from the outer edge of the group of properties being acquired inwards, to provide a buffer for the remaining houses to current and future developments. It is also proposed to proceed with the part land swap / part sale of the southern part of Berry Lane to the owner of Areas 22 and 23 at a value of $1.196 million, which will take the form of the dedication to Council of an apartment to that value for use as key worker/affordable housing.

RECOMMENDATION

That Council:

1. The report be received and noted;

2. Proceed with the voluntary acquisition process based on ‘Acquisition Pattern 2 – From the Edges Inwards’ and the implementation of the plan, as outlined in the report.

3. Delegate Authority to the General Manager to invite expressions of interest from landowners of properties specified in ‘Acquisition Pattern 2 – From the Edges Inwards’ to determine if their land is available for public sale;

4. Where land is identified as being available for public sale pursuant to s 5(3) of the Land Acquisition (Just Terms Compensation) Act 1991, to delegate Authority to the General Manager to:

a. negotiate and finalise the acquisition of properties specified in Acquisition Pattern 2 – From the Edges Inwards’ by private agreement at the land per sqm rate (indexed) contained in the s7.11 plan in the amount of $10,432 square metre plus expenses that are equivalent to what would be claimable under the Land Acquisition (Just Terms Compensation) Act 1991 in relation to compensation for disturbance and for disadvantage resulting from relocation; and

b. finalise a land swap comprising approximately 368 square metres of the closed section of Berry Lane behind Area 22, for land on the title of Area 22 fronting Park Road, to provide an increased setback (approximately 6m additional setback) with the owner Twelve Pty Limited ACN 169453196 as trustee for JQZ Twelve Unit Trust, including all authority to enter into binding contracts and give effect to the transfer of land.

5. Delegate Authority to the General Manager authority to finalise the sale of approximately 528 square metres of the closed section of Berry Lane behind Area 23 to with the owner Twelve Pty Limited ACN 169453196 as trustee for JQZ Twelve Unit Trust in exchange for the dedication to Council of one apartment within the development with a minimum retail value of $1.2M, including all authority to enter into binding contracts and give effect to the transfer of the land.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View	FINAL Part Berry Lane Transfer Valuation	29 Pages	Available Electronically
AT-2 View	DCP Part C – Residential Localities	75 Pages	Available Electronically

Ordinary Council Meeting 24 August 2023

Community Renewables Program - Procurement Evaluation

Subject: Community Renewables Program - Procurement Evaluation

Record No: SU9402 - 45129/23

Division: Environmental Services Division

Author(s): Alicia Lloyd; Bernadette Riad

Executive Summary

Council conducted a selective procurement process in accordance with Council’s Tender and Quotation Procedure for the appointment of a strategic partner to deliver the Community Renewables Program. At the completion of a Request for Proposal, Council invited five respondents to Request for Quote and engaged a specialist renewable energy consultant to provide further assessment on two shortlisted respondents.

This report provides details on the procurement process and recommends that Council appoint Shine Hub to deliver the Community Renewables Program.

The recommendation authorises the General Manager to negotiate and execute a Heads of Agreement with an intention to enter into a Deed, outlining the roles and responsibilities of the Council and Shine Hub.

It is proposed to provide regular reports to Council on the delivery of the program.

Background

Council at its meeting of 8 December 2022 resolved to:

1. Investigate the feasibility, potential scope and cost of developing a home energy and water makeover program for Lane Cove, including rebates for eligible residents (owners and renters), with a view to including this in the delivery plan for 2023/2024 for items/services including:

a. Home energy assessment (for example by Australian Energy Foundation);

b. Purchase/installation of rooftop solar;

c. Purchase/installation of battery storage;

d. Purchase/installation of electric vehicle charging infrastructure;

e. Purchase/installation of an electric heat pump or a rooftop solar hot water system for property and/or residential pool; and

f. Purchase and professional installation of insulation.

2. Investigate expanding the water efficiency program to residential properties (in addition to strata buildings). Contact Sydney Water about promoting uptake of WaterFix Residential, within Lane Cove;

3. Contact other councils such as Randwick City Council, Willoughby Council and others, to discuss how they have implemented their renewable rebate program, and to determine the effectiveness and uptake of rebate and renewable programs to date; and

4. Receive a report to the Corporate Planning Weekend in early 2023 on items 1-3

A presentation was provided to Councillors at the 2023 Corporate Planning Weekend outlining the results of different incentive programs offered by other Councils across NSW and SA.

It was agreed to pursue a bulk buy program for rooftop solar panels and batteries, along with a rebates program for a range of sustainability technologies such as EV Charging and Rainwater Tanks.

At the Council meeting 20 April 2023, the Sustainability Rebates program was endorsed and subsequently commenced 1 June. This program provides rebates to local residents and business for a range of sustainability products, including the installation of solar and battery systems.

While the Sustainability Rebates program reduces upfront costs and allows a choice of supplier, the reach of this program is limited by the available budget. In contrast, a bulk buy program is not limited by Council’s budget, builds trust with an endorsed supplier and simplifies the process for residents.

Council’s Delivery and Operation Plan for 2023/24 includes the action to “Introduce a Community Renewable Energy Program, including a Rebates Program”. The bulk buy is a key component of this program and aims to increase the uptake of solar and battery systems.

Discussion

Procurement Process

Council conducted a two-stage selective procurement process, which commenced with an open Request for Proposals (RFP) process in accordance with Council’s Tender and Quotations Procedures. A total of ten submissions were received and eight (8) were assessed as complying submissions. The Evaluation Committee (EC) evaluated RFP submissions on the categories of Capacity and Capability, Experience, Detailed Methodology and Other Criteria including Environmental Management Systems, Modern Slavery Policy, and the respondent’s Roadmap to an energy-sharing community. The EC recommended shortlisted respondents to proceed to the Request for Quote (RFQ) stage.

The Request for Quote (RFQ) documentation was prepared by Council’s legal firm, Schmidt-Liermann Lawyers and included a Heads of Agreement outlining the proposed roles and responsibilities of the Respondent and Council. The RFQ was issued on 31 May 2023 and closed on 23 June 2023. Council received complying submissions from all respondents.

Scope of Works

The scope of works as outlined in the RFQ were to;

· Work with Council prior to launch to co-design and refine the program taking into consideration the local demographics and community needs;

· Organise community engagement sessions co-hosted with Council to outline the details of the offer to the community;

· Sign up residents and businesses to the various offers including:

o Outright purchase;

o Finance options with $0 upfront; and/or

o Energy sharing with Virtual Power Plant or Peer-to-Peer Trading;

· Execute the Agreements with residents and small businesses;

· Manage the installation and maintenance of the systems as required; and

· Collect data and report back to Council about the renewable energy usage and carbon reduction achieved by each recipient of the offer.

The indicative timing of the program is as follows:

Date	Activity
September 2023	Co-design Program
October 2023	Community Engagement & Offer – Round 1
November 2023	Installation of solar and batteries packages
April 2024	Interim Report and Refinement
May 2024	Community Engagement & Offer – Round 2
July 2024	Installation of solar and batteries packages
October 2024	Final Report with Recommendations for next steps

Evaluation

The Evaluation Committee (EC) consisted of:

Position

Sustainability Coordinator – Community Programs

Sustainability Coordinator – Council Programs

Manager Sustainability and Resilience

Manager Facilities

The EC individually assessed the submissions against the evaluation criteria as outlined in the RFQ and mutually agreed on two (2) respondents to be shortlisted for further assessment by independent advisors.

The two shortlisted respondents were then further assessed by the following independent advisors, with feedback provided to the EC:

1. Sourced Energy who reviewed the technical aspects of the offer and market considerations

2. Equifax Corporate Scorecard who undertook a review of financial capacity

3. Schmidt-Liermann who provided legal advice pertaining to the key terms for the draft Heads of Agreement

The independent assessment concluded:

· Sourced Energy recommend Shine Hub as the strategic delivery partner most likely to best deliver the objectives of the program

· The Detailed Financial and Performance Assessment indicated that Shine Hub had strong financial capacity to undertake the works.

· The Letter of Legal Advice outlined the mitigation of risk through Council’s procurement governance strategy and implementation of appropriate transactional documentation in the oversight phase.

Council’s role will be clearly defined as endorsement of the service provider, while the role of the successful respondent will be to deliver the Program outcomes through the provision of products and services and where consumers of those products and services ultimately bear responsibility for their own procurement choices.

The Shine Hub proposal offers Lane Cove residents the opportunity to purchase at an exclusive price the following products:-

· rooftop solar panels

· batteries

· solar and battery packages

This includes appropriate finance packages to reduce the residents’ upfront costs.

Shine Hub’s offer includes the ability for residents to participate in a Virtual Power Plant {VPP}. This involves a controlled operation of their battery to support the grid and provides financial returns for the resident.

Shine Hub will provide community engagement and education around their offer in partnership with Council.

Council’s Evaluation Report, the Sourced Energy Report, Financial and Legal Due Diligence Reports have been circulated separately to Councillors.

Conclusion

It is noted that Shine Hub recorded the highest score across almost all the weighted criteria and positive reference checks were received about the quality and reliability of their work. Independent Advisors also concurred with the Evaluation Committee’s assessment. The Evaluation Committee recommends that Council collaborate with Shine Hub to deliver the Community Renewables Program and the General Manager be authorised to enter into Heads of Agreement and subsequent Deed with Shine Hub.

RECOMMENDATION

That Council:

1. Approve the collaboration with Shine Hub to deliver the Community Renewables Program with the intent to deliver the following outcomes:

i. Increased access to cheaper power and reduction in the cost of living for the Lane Cove community;

ii. Reduced greenhouse gas emissions from electricity consumption; and

iii. Removal of upfront cost barriers to renewable technologies.

2. Authorises the General Manager to negotiate and execute a Heads of Agreement and subsequent Deed, outlining the roles and responsibilities of Council and Shine Hub, guided by the following principles:

i. Council is collaborating with Shine Hub to promote their Offer to the Lane Cove community;

ii. There will be no financial contributions from Council to Shine Hub for the delivery of the program;

iii. There will be regular reviews of the collaboration to evaluate the success of the program phases and Council will be able to discontinue at its absolute discretion; and

iv. The Heads of Agreement and subsequent Deed be reviewed by Council’s lawyers prior to final execution.

3. Regular milestone reports be brought to Council outlining the deliverables and outcomes of the Community Renewables Program.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Emissions and Water Use Targets Review

Subject: Emissions and Water Use Targets Review

Record No: SU9072 - 32422/23

Division: Environmental Services Division

Author(s): Fiona McCleary

Executive Summary

Following the declaration of a Climate Emergency in 2019, Council set the following energy emissions and water use targets in March 2020:

· An 80% reduction in emissions by 2036 (FY16/17 emissions baseline); and

· No net increase in water use by 2036 (FY16/17 emissions baseline)

An interim emissions reduction target of 20% reduction in emissions by 2024 was later adopted in February 2021.

At the Council meeting of April 20, 2023 Councillor Flood and Councillor Kennedy put forward a Notice of Motion on the 2023 IPCC Report and Climate Action in Lane Cove, which included the recommendation that Council;

“Produce a report reviewing the emissions reduction targets set within our Climate Action Plan and identifying how these targets could be increased or brought forward in light of the clear need for urgent action. The report should include elements such as proposed programs, incentivization schemes, costs (including staffing) and other processes to increase the rate of reduction of greenhouse gases in our LGA. This report should come back to Council no later than October 2023.”

This report summarises the findings of analysis undertaken in late 2022 by Sustainability Consultants, Kinesis, to examine our progress towards meeting these targets, as well as recent updates to our emissions data for the 2021/22 financial year.

The report from Kinesis noted that whilst Council has made great progress in reducing its own emissions, community wide emissions as at 2020/21 had only reduced by 3%. New data for the 2021/22 financial year provided on the Resilient Sydney platform demonstrates a significant improvement to these reductions, with an 11% decrease in emissions as at 2021/22.

The key recommendations from the Kinesis report are:

· Maintain the emissions targets of 80% reduction by 2036 from 2016/17 baseline;

· Introduce a second interim target of 55% emissions reduction by 2030 from 2016/17 baseline; and

· Maintain current water targets with annual monitoring to ensure relevance.

The report also notes that the outlook to reach the 2036 emissions target is positive, and that this target is expected to be met and may even be exceeded, but that the no net water gain target may be a challenge due to changing climatic conditions, an increasing population, and plateauing efficiency gains.

Background

In late 2022, Council engaged Sustainability Consultants, Kinesis, to examine our progress towards meeting our adopted emissions and water use targets and provide recommendations for approaches to meet these targets. The findings of this work are provided in the Lane Cove Target Review Report in attachment 1 (AT-1).

In their review, Kinesis considered international research, state and federal policies and relevant case studies from other Councils that could assist Council and the community to actively reduce emissions and water use. The analysis included the following plans, reports, research papers and data:

· The Intergovernmental Panel on Climate Change (IPCC) 6^th report

· State and Federal emission targets

· The Eastern Sydney Regional Master Plan for managing Sydney’s water supply

· The Greater Sydney Water Strategy

· The Australian Energy Market Operator grid decarbonisation scenario modelling

· Emissions data from 2016, projected through to 2036

· Best practice case studies from other Councils and organisations

Discussion

The analysis conducted by Kinesis demonstrated that based off 2020/21 data, Lane Cove’s community emissions had decreased by 3% since the 2016/17 baseline. This decrease was largely driven by reductions in gross electricity consumption as a result of energy efficiency measures, and reductions in emissions from electricity as a result of growing rooftop solar penetration and a less emissions intensive grid.

Overall, the report found that the 2024 target would be a challenge to meet, but that the 2036 emissions target is achievable, and may even be exceeded.

With regards to water use, the report noted that while water use as at 2020/21 was 4% lower than the 2016/17 baseline, changing climatic conditions, an increasing population and plateauing efficiency gains mean that the no net gain water target may not be met.

Based on the new 2021/22 data, we can report that emissions across the Lane Cove LGA have now decreased by 11% compared to the 2016/17 baseline. Looking further into the different sources of these emissions we can see that;

· Gross electricity consumption has decreased by 4%

· Emissions from electricity have decreased by 14%

· Emissions from waste have increased by 9%^{^[1]}

· Emissions from transport have decreased by 18%^{^[2]}

· Water use has decreased by 7%

· Further details of the emissions and water use data over the period between 2016/17 and 2021/22 are provided in figures 1 and 2 below.

It is also worth noting that these changes have occurred alongside a growing population, with census data showing a population increase between 2016 and 2021 of 9%, and an increase to the number of dwellings of 11%.

Beyond emissions reductions, carbon budgets are increasingly seen as the benchmark for emissions policy setting. Based on the IPCC 6^th report, to do its fair share towards limiting global warming to 1.5 degrees Celsius Lane Cove’s carbon budget should be 10 years of 2017-level emissions. This is approximately 3.8 million tonnes CO2-e. Meeting the carbon budget will require Council and community-led emissions reduction strategies, as well as carbon offsets in the long term.

An overview of the reduction strategies against each of the key emissions streams is provided below. Whilst not an exhaustive list of all of Councils activities across the sustainability sector, the following programs are key initiatives and are supported by actions in the Sustainability Action Plan 2022-2025 (AT- 2). Budgets for these initiatives are provided in attachment 3 (AT- 3).

Emissions from Energy Use

Emissions from energy use made up 67% of Lane Cove’s total emissions for 2021/22 (61% from electricity and 6% from gas). The Kinesis report noted that a key opportunity for Council to assist our community to reduce emissions from energy use is to accelerate the uptake of renewables.

Council has a number of programs and initiatives to support the community and business sector to reduce emissions from energy use including;

· Greener Apartments Program: providing residents and strata with free independent advice on how to reduce energy and water use and install solar and EV charging

· Solar for Business program: providing local businesses with free energy analysis and solar modelling, and a detailed feasibility report with two sizing options for solar pv

· Promotions around GreenPower and community renewable initiatives to encourage residents who are unable to install solar to pursue alternate renewable energy sources.

· Sustainability Rebates for new solar PV and battery systems

· The revision of planning controls in the Lane Cove Development Control Plan (DCP) to improve energy efficiency and thermal performance, prohibit gas, and increase solar uptake for new developments.

· Investigations into opportunities for local community energy initiatives

· Investigating funding opportunities for community batteries

Future actions planned for this year include:

· Audit of Council facilities to determine which facilities are still suitable for solar PV

· Investigating opportunities for the electrification of Council assets that use gas

Emissions from Transport

Emissions from transport made up 18% of Lane Coves total emissions for 2021/22, of this 83% was from the residential sector. The Kinesis report identified the key strategy for Council to support a reduction in emissions from transport is to support the transition to Electric Vehicles (EVs) through the installation of EV charging infrastructure for both public and private charging.

Council initiatives to support the transition to EVs include;

· The provision of 21 charging hubs across the LGA.

· Updates to planning controls in the Lane Cove DCP to require the installation of EV charging infrastructure for new developments.

· The development of sustainability rebates to provide financial assistance for the installation of EV chargers in homes, apartment complexes, and local businesses.

· Collaborations with external stakeholders to deliver additional EV charging infrastructure across the LGA

· Provision of an all-electric vehicle in Council’s fleet, available for staff to use

· Investigating opportunities to transition additional fleet vehicles to all electric vehicles

Other initiatives that Council is delivering to reduce transport emissions include:

· Annually offsetting Councils fleet emissions since FY21

· The delivery of a Car Free Sunday event on September 17, 2023 to encourage and promote active transport

Emissions from Waste

Emissions from waste made up 15% of Lane Cove’s total emissions in 2021/22, with 80% of those emissions coming from the commercial and industrial sectors. Council has a limited sphere of influence on these sectors outside of education and support programs.

The Kinesis report identified the key strategy for Council to support a reduction in emissions from waste was to explore innovative solutions for food waste. This is a key focus for Council as we prepare for the NSW mandate to provide a food collection service to all households by 2030. Current initiatives in this space include;

· Delivery of education and incentive programs such as Compost Revolution to support the community to recycle their food wastes locally through composting and worm farming

· The installation of SubPods on Longueville Rd for use by local businesses for composting

· The collection of food wastes from Council facilities

· Investigations into local composting and processing options

· Investigations with NSROC into the costs and emissions benefits of different service and processing options for food organics

Other initiatives implemented by Council to improve waste management and resource recovery practices include:

· Delivery of the Apartment Waste Improvement Program to improve recycling practices in apartment complexes

· The delivery of complimentary waste services such as RecycleSmart and local drop off hubs to increase recycling of items not accepted in the kerbside recycling bins

· Investigations into opportunities to improve the circularity of Councils operations and services (such as the use of recycled glass in road works)

· Introduction of a shared container system at the Civic Centre to normalise the use of reusable containers at local food outlets along with promotional campaign

· Pursuing Bin Trim training for Council staff to enable them to conduct Bin Trim assessments at local businesses to open up grant opportunities

Water

Approximately 80% of potable water use in Lane Cove in 2021/22 was from the residential sector (noting that all water use data excludes water sourced from rainwater, stormwater, or other recycled water sources). The Kinesis report recommends that recycled water should be considered as an alternate source where feasible.

Council is supporting water use reductions in the community with:

· Rebates for the installation of rainwater tanks

· The review of planning controls in the Lane Cove Development Control Plan (DCP) to improve water efficiency and maximise rainwater collection and reuse.

Recommendations

As outlined above, the key recommendations for emission and water use reductions from the Kinesis review were to;

· Accelerate the uptake of renewables

· Support the transition to Electric Vehicles

· Explore innovative solutions for food waste

· Consider recycled water as an alternate source where feasible

In order to map progress more effectively post 2024, Kinesis also recommended introducing a second interim target of a 55% emissions reduction by 2030. This target exceeds the State target of a 50% reduction in emissions against 2005 levels by 2030 (which is the equivalent of a 38.5% reduction against 2016/17 levels), and the Federal target of a 43% reduction against 2005 levels by 2030 (which is the equivalent of a 32% reduction against 2017 levels).

The Sustainability Advisory Committee have been briefed on the analysis and report outcomes and are supportive of Council including the new interim target within the next revision of the Sustainability Action Plan.

Conclusion

Council has made significant progress in reducing our own emissions, with efforts in the community sector also being realised. The continuation of programs to support our community in further reducing their emissions is critical in achieving our targets and will require the leverage of State and Federal programs and funding sources.

The inclusion of the 55% emissions reduction by 2030 target in the next revision of the Sustainability Action Plan provides an important road map for Council and the community. The new 2030 target, and the existing 2036 target, are expected to be achieved. And whilst water use has decreased across Lane Cove, it is important to investigate and plan for recycled water opportunities, including in Council green spaces.

RECOMMENDATION

That Council:

1. Receive and note the report;

2. Support an interim target of 55% emissions reduction by 2030 from 2016/17 levels in the next revision of the Sustainability Action Plan; and

3. Receive a report on progress against our targets with updated recommendations in mid-2025.

Mark Brisby

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Lane Cove Targets Review	23 Pages	Available Electronically
AT‑2 View	Sustainability Action Plan 2022-2025	44 Pages	Available Electronically
AT‑3 View	Sustainability Projects and Budgets - 2022 to 2024	1 Page	Available Electronically

Ordinary Council Meeting 24 August 2023

Annual Financial Statements for 2022/23 - Referral for Audit

Subject: Annual Financial Statements for 2022/23 - Referral for Audit

Record No: SU740 - 43550/23

Division: Corporate Services Division

Author(s): Steven Kludass

Executive Summary

Council is required to prepare Financial Statements and have them referred to audit as soon as practicable after 30 June each financial year. This report is seeking the release of Council’s draft 2022/23 Financial Statements for external audit purposes. The audit is due to be completed by early October 2023.

It is proposed that at its meeting on 19 October 2023, Council will resolve to sign the audited 2022/23 Financial Statements prior to placing them on public exhibition. A presentation of Council’s audited Financial Statements and Auditor’s Report will be arranged for the November Council Meeting.

The signed Financial Statements will be forwarded to the Office of Local Government on or before the deadline date of 31 October 2023, and a further report attaching any public submissions will be tabled at the November Council meeting.

Discussion

The Auditor-General (NSW Audit Office) is responsible for ensuring the audit is performed in accordance with Australian Auditing Standards and the Local Government Act, 1993.

The Auditor-General has engaged Grant Thornton Australia to provide audit and/or assurance services on this engagement. However, the Auditor-General remains responsible for the audits, their performance and for issuing the Independent Auditor's Reports. The level of NSW Audit Office involvement will vary depending on the size, nature, complexity and risk of the audit.

The following timeline is proposed to ensure that Council fulfils its legislative requirements in accordance with the Local Government Act and as agreed with the NSW Audit Office:-

Action	Date
Council resolves to refer the 2022/23 financial accounts to external audit (Council Meeting)	24 August
External audit is conducted by the NSW Audit Office (via Grant Thornton Australia)	28 August to 22 Sept
Draft 2022/23 Financial Statements presented to the Audit, Risk and Improvement Committee for its review	26 September
Externally audited 2022/23 financial statements are presented to Council for sign-off and released for public exhibition (Council Meeting)	19 October
Submit externally audited 2022/23 Financial Statements and Audit Reports to the Office of Local Government	On or before 31 October
Report to Council relating to the tabling of any public submissions received (Council Meeting) and External Auditors presentation to Council	23 November

RECOMMENDATION

That Council refers its 2022/23 financial accounts to external auditors for audit purposes, pursuant to section 413 of the Local Government Act 1993.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Lloyd Rees Memorial Youth Art Award - Request for Change of Name

Subject: Lloyd Rees Memorial Youth Art Award - Request for Change of Name

Record No: SU2338 - 43692/23

Division: Human Services Division

Author(s): Jane Gornall

Executive Summary

The Manager, Gallery Lane Cove and Creative Studios on behalf of Centrehouse Inc has written to Council requesting that Council consider changing the name of the Lane Cove Memorial Youth Art Award to what is a more modern and relatable name of The Lloyd Rees Memorial Emerging Artist Award.

This Report recommends adopting a change of name with the new name recommended to be the Lloyd Rees Emerging Artist Award. The age range and criteria for entrants would continue to be for emerging artists aged 18-30 Years.

Background

In 1987, Council’s Bicentennial Community Sub-Committee on Lloyd Rees Art Scholarship Minutes note that Dr Rees had given permission for a new Award to be called the “Lloyd Rees Bicentennial Art Award” and wrote to Council requesting that Council enter into an agreement with Centrehouse for the purpose of organising future Lloyd Rees Bicentennial Awards on behalf of Council.

In 1989 Council resolved to enter into an agreement with Centrehouse to continue running the Award. The Award was changed to the Lloyd Rees Memorial Youth Art Award after Dr Rees’ death in 1988.

The Award was established to ‘promote support and encourage young emerging artists throughout Australia.

The Award is for painting, drawing or printing (Lloyd’s media) and is open to young Australian artists between the ages of 18 and 30 years, and is an acquisitive prize. The Award is advertised Australia-wide and is a pre-eminent and inspirational achievement for young artists established to assist talented artists gain a profile and exhibit their works.

Lloyd was one-time president of Lane Cove Art Society and a founding member of the original Centrehouse committee. Following Dr. Lloyd’s death in 1988, the Award became an acquisitive prize and a memorial trust fund was set up to help Centrehouse Inc. and Council ensure the Awards continuation.

Over time some changes have been made to the Awards, most notably the change in age from 28 to 30, however most of the conditions remain the same.

The Award is scheduled to be held every two years.

Discussion

Council and Centrehouse Inc. continue to work together to ensure a successful Award event. As part of Council’s commitment in 2023 an amount of $10,000 was provided to Centrehouse Inc.to assist in the running of the Award with an amount of $8,000 being for the acquisitive first prize. This year the Award is scheduled to be held with entries now open. The exhibition of works entered for the Award will be held in December 2023 at Gallery Lane Cove.

Conclusion

Dr Rees made a significant contribution to the cultural life of Lane Cove, and it is important that this event continues to provide an opportunity for new and emerging artists. The change of name to the Lloyd Rees Emerging Artist Award will modernize the name and continue to celebrate his legacy.

RECOMMENDATION

That Council:

1. Approve the change of name from the Lloyd Rees Memorial Youth Art Award to the Lloyd Rees Emerging Artist Award;

2. Note that the age range for the Award remains 18-30 years; and

3. Write to Centrehouse Inc. to inform them of Councils decision.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Appointment of Community Representatives to the Theatre Space Planning Reference Group; the Age-Friendly Lane Cove Committee and the Public Art Committee.

Subject: Appointment of Community Representatives to the Theatre Space Planning Reference Group; the Age-Friendly Lane Cove Committee and the Public Art Committee.

Record No: SU827 - 46988/23

Division: Human Services Division

Author(s): Jane Gornall

Executive Summary

Council received a Report at the June Council meeting on draft and amended Charters for the following Committees – the Youth Advisory Group; the Theatre Space Planning Reference Group; the Age-friendly Lane Cove Advisory Committee; the Access and Inclusion Committee and the Public Art Advisory Committee.

The named Committees, with the exception of the Access and Inclusion Committee, required Council to advertise for members or additional members. This Report presents the nominations to Council for endorsement.

Background

Council advertised for the members of the Committees via the Have Your Say page on Councils website opening July 7 and closing August 6, 2023. In addition, for the Theatre Space Planning Reference Group emails were also sent to all those who attended the January workshop.

The Youth Advisory Group nomination process has been held over to the start of 2024 due to the closeness of the Higher School Certificate and end of the school year.

Discussion

Council reviewed the nominations at the Council Selection Committee and have recommended that the following nominees be appointed to the Committees .

Theatre Space Planning Reference Group

The Theatre Space Planning Reference Group listed particular categories for the makeup of the Committee – the recommended nominees are listed in what would seem to be the most appropriate category although some nominees could fit into more than one category:

1. Two (2) members of the Lane Cove Theatre Company

Lochie Beh

Trent Gardiner

2. Two (2) community members with a background in the performing arts

Simon Kennedy

Simon is the only nominee for this category. It is recommended that the Group be able to co-opt another member for this category during the planning process if a suitable candidate comes forward.

3. Two (2) community members from organisations that express interest in using the space.

Lyndall McNally

Laura McMenamin

4. Two (2) community members

Belinda Korner

Helen Smith

Lane Cove Age-Friendly Advisory Committee

There was only one nomination for an additional member of the Age-Friendly Committee. The Committee is currently experiencing problems obtaining a quorum and it is recommended that Council readvertise the vacancies for this Committee. It is further recommended that the current applicant be advertised that Council will do further advertising and that his nomination will be held over until further advertising has been undertaken.

Lane Cove Public Art Advisory Committee

There were no nominations for this Committee. It is recommended that Council readvertise for nominations for this Committee.

Conclusion

Council’s Selection Committee has assessed the nominations for the above listed Committees and

taking into account the skills, experience and interest of the nominees recommends that the

persons nominated for the Theatre Space Planning Reference Group be endorsed.

Further that readvertises for the following Committees – the Age-Friendly Advisory Committee and

the Public Art Advisory Committee.

RECOMMENDATION

That Council:

1. Endorse the following nominees for the Theatre Space Planning Reference Group:

Lochie Beh; Trent Gardiner; Simon Kennedy; Lyndall McNally; Laura McMenamin; Belinda Korner and Helen Smith;

2. Provide the Theatre Space Planning Reference group to co-opt another member with a background in the performing arts during the Theatre Planning process;

3. Readvertise for nominees for the Age-Friendly Committee and notify;

4. Notify the nominees of Councils decision; and

5. Call for further nominations for the Public Art Advisory Committee.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 August 2023

Traffic Committee - July 2023

Subject: Traffic Committee - July 2023

Record No: SU1326 - 47345/23

Division: Open Space and Urban Services Division

Author(s): Sashika Perera

Executive Summary

The Lane Cove Traffic Committee has met and submitted recommendations for Council’s consideration. It is recommended that the recommendations of the Committee be adopted.

Background

The Lane Cove Traffic Committee is a requirement of Transport for NSW and is primarily a technical review committee, which provides advice to the Council on matters referred to it by Council. These matters must be related to prescribed traffic control devices and traffic control facilities for which Council has delegated authority. The Committee makes has no decision-making powers, it makes recommendations for the Council to consider, but Council is not bound by the advice.

Discussion

The Lane Cove Traffic Committee Meeting was held on Tuesday, 18 July 2023.

The Agenda is included as AT-1. The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.

An urgent item was also referred to the Traffic Committee outside of the meeting. This item refers to the implementation of electric Vehicle Charges in Public Places (round 2). The report is included in AT-3. Traffic Committee voting members had no objections to the recommendations outlined in the report.

RECOMMENDATION

That Council:

1. Adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 18 July 2023; and

2. Adopts the recommendations of the Lane Cove Traffic Committee for the implementation of electric vehicle charges in public spaces.

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View	Agenda - July 2023 Traffic Committee	58 Pages	Available Electronically
AT‑2 View	Minutes - July 2023 Traffic Committee	10 Pages	Available Electronically
AT‑3 View	Report - Implementation of EV charging Spaces (Round 2)	9 Pages	Available Electronically

Ordinary Council Meeting 24 August 2023

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

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

Record No: SU238 - 39883/23

Division: Corporate Services Division

Author(s): Stephen Golding

Executive Summary

This report reviews the quarterly progress between 1 April and 30 June 2023 towards the goals and strategies adopted by Council in the 2022/23 Delivery Program and Operational Plan. It is recommended that the report be received and noted.

Background

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

The quarterly reviews of the 2022/23 Operational Plan assists Council to measure performance in meeting the key areas of focus in Council’s Delivery Program.

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.

Discussion

The Fourth 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 Fourth Quarter include:

· St Leonards Library opened to the community on 25 May 2023;

· A new Council website was launched on 29 June 2023 and includes a host of new features, including the option of translating content into the most frequently spoken languages among Lane Cove residents;

· The introduction of a new online community engagement platform, Engagement HQ, that encourages and supports our community to have their say and be involved in Council matters;

· The introduction of a new Council Resolution Tracker database;

· An independent service review of Council’s community engagement policies, procedures and practices was undertaken;

· The Library held a range of technology workshops including Learn to Love Your Laptop Workshops held in April and May. Other workshops included Digital Discoveries (Lane Cove), Cricut Upcycling (Lane Cove), Digital Technology Open Night (Lane Cove & St Leonards), 3D Printed Cookie Stamps (St Leonards), Laser Cutter Creations (Lane Cove), Monogram Your Mobile (St Leonards), 3D Printing Stencil Art (Lane Cove) and Tech Savvy Seniors - Smart Phones (St Leonards);

· Engaged the ICAC to facilitate fraud and corruption prevention training for key staff;

· During refugee week, Sunday 18 June – Saturday 24 June 2023 Council held a seminar at the Library focusing on Afghani Women with guest speakers from the Refugee Council of NSW and Afghan Women on the Move;

· Council resolved to provided funding through its 2023-2024 Community Assistance Grants program and subsidy arrangements. Funding will be provided for a range of organisations including services for young people, women, seniors and people with disability, organisations supporting the arts, and sports clubs;

· As part of a reworked Shoreshocked a Battle of the Bands event occurred at The Canopy as a Youth Week event. This event gave local bands an opportunity to perform before their family and friends;

· An 8m high urban Canopee, a greening/shading structure which is designed to mitigate urban heat on paved areas, was installed at Mindarie Park;

· A Council developed Street Art Cycle Tour was undertaken that showcases the street art (murals, sculptures and street libraries) around Lane Cove LGA;

· Additional disabled parking spaces have been constructed as part of Longueville Road paving upgrade;

· Council supported residents in hosting 41 “meet your neighbours” events to promote neighbourhood connectedness and social cohesion and provided small grant funding to the three apartment complexes that participated in the Community Led Resilience project to assist them in implementing resilience actions;

· Council delivered a number of successful Sustainability events this quarter, including a hybrid movie screening of the film “Greenhouse by Joost” with networking and a panel discussion;

· Compost Revolution begun, offering all residents in the LGA 50% off a variety of worm farms, compost bins and bokashi systems to reduce food waste being sent to landfill;

· Council planted approximately 180 street trees throughout the local government area;

· The Lane Cove Community Nursery distributed a total of 3,500 plants through various Council programs supporting revegetation;

· The Harbourcare program continues to facilitate rubbish clean-ups in our local reserves and waterways with 11.5kg of rubbish removed during this reporting period; and

· Community Nursery Volunteer Program for this quarter potted up 4,209 new plants.

RECOMMENDATION

That Council receive and note the Fourth Quarter Review of the 2022/23 Delivery Program and Operational Plan.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Delivery Program and Operational Plan - 4th Quarter Review 2022-2023

203 Pages

Available Electronically

Ordinary Council Meeting 24 August 2023

Outcome of the Negotiations for the Appointment of a Head Construction Contractor for the Lane Cove Sport and Recreation Facility

Subject: Outcome of the Negotiations for the Appointment of a Head Construction Contractor for the Lane Cove Sport and Recreation Facility

Record No: SU9227 - 48336/23

Division: General Managers Unit

Author(s): Sebastian Stivala; Craig Wrightson

Executive Summary

This report outlines the progress and finalisation of the negotiations with ADCO Constructions for the construction of the Lane Cove Sport and Recreation facility. The negotiations have resulted in Council achieving a total project cost of $75 million, in line with Council’s previous resolutions. The revised pricing includes risk transfer from the previous construction only arrangements to a full D&C lump sum contract with ADCO fully responsible for all design aspects, including errors and omissions. Stage one works have now commenced in line with Council's resolution with the overall project due for completion in August 2025. It is recommended the report be received and noted.

Background

Council at its meeting of August 2023 resolved that Council:-

“1. Decline to accept all tender submissions as none of the tenders received were within the construction cost allowance for Stage 2 included within the overall $75 million project budget;

2. Not call fresh tenders as the tender process has identified a suitable field of contractors who can complete the project and the current submissions have been reviewed under a competitive tender process and the preferred proponent and two other tenderers are suitably qualified and can demonstrate capacity and capability for the project. Further, based on the value engineering proposals identified, via a post-tender negotiation process, Council's nominated budget and Principal Project Requirements can be achieved via more appropriate contractual arrangements;

3. Enter into negotiations initially with ADCO Group Pty Ltd and/or ADCO Constructions Pty Ltd as the preferred tenderer, with the aim of entering into a contract that aligns with Council's nominated budget;

4. Delegate authority to the General Manager to enter into negotiations with ADCO Group Pty Ltd and/or ADCO Constructions Pty Ltd as they are the highest ranked in the selection criteria. If no suitable outcome is achieved, undertake negotiations with the two other tenderers, and upon reaching an agreement, enter into a contract utilising a modified AS4902 lump sum design and construct contract for the Head Construction Contractor, within Council’s adopted $75M project budget. The negotiation process shall finalise the scope, include design development of appropriate value engineering proposals to reduce costs, remove pricing exclusions, finalise the terms of the contract, and confirm program and delivery methodology;

5. Adhere to the following principles in the design development and cost reduction process:-

a. The facility spaces and capacity within the design be retained;

b. The design aesthetics of the building design be retained;

c. The project retain a sustainable building design that aligns with good practice design principles of local and international environmental standards as specified by consultants Steensen & Varming.

6. Delegate authority to the General Manager to proceed with Stage 1 Demolition, Sediment Control, and Bulk Earthworks contractor (Early Works) works once the negotiations have been finalised and it has been determined that the project can proceed within the project budget and Councillors have been advised;

7. Pursue expansion of the 200kW net Solar PV array system included within the project to the Maximum Solar PV system (Circa 500kW) and provision of a 200kw battery via a grant from ARENA, and if unsuccessful during the construction period, commit to expansion of the system (project design to include suitable provisioning) within 18 months post-occupation, once accurate facility energy usage data is available;

8. Receive a further report on the outcomes of the negotiations for information.”

This report provides an update in relation to the outcome of the negotiation process.

Discussion

Council has concluded negotiations with ADCO Constructions and was successful in adjusting the construction contract component of the project to achieve Council’s overall $75 million project budget.

At the Council meeting there were questions over which ADCO entity Council was intending to contract with. While the risk profile of ADCO Group P/L with a parent guarantee from ADCO Constructions P/L is essentially the same as a contract with the parent ADCO Constructions P/L, ADCO have agreed for Council to contract with ADCO Constructions P/L. Council has undertaken all its financial assessments on ADCO Constructions P/L which has deemed the contractor suitable for the project. For simplicity, throughout the remainder of this report, ADCO Constructions P/L will be referred to as ADCO.

Per the Council resolution several negotiation meetings were held with ADCO and Council staff, who were assisted by Council’s contracted project managers, Forge Venture Management, and quality surveyors Mitchell Brandtman. The focus of the meetings was to identify and consider value engineering opportunities to achieve cost reductions to meet Council’s targeted construction budget for the project. In addition, negotiations were held to agree the cost adjustment for the risk transfer from the previous construction only arrangements to a full Design and Construct (D&C) lump sum contract.

Under the D&C contract ADCO will be fully responsible for all design aspects, including errors and omissions. In line with the previous commitments, the contract also requires ADCO to retain AJ+C Architects as the project architects and Steensen & Varming as sustainability consultants. The contract is structured to deliver all of Council’s requirements by incorporating the design plans and documentation to date and the nominated/agreed value engineering changes that can be made to the project.

ADCO have (in writing) confirmed the final pricing for the construction component at $63.9M, with the changes agreed by AJ+C Architects and cost adjustments reviewed and agreed by Mitchell Brandtman. Council has retained a suitable contingency within the overall project budget. The change to D&C lump sum contract documentation has progressed in parallel and is close to finalisation. The revised construction program anticipates completion of the works by August 2025, which accords with the Office of Sport Grant requirement for completion by the end of 2025. The requirement for the early delivery of the carpark and golf pro-shop areas to allow golfers to access the facility prior to completion of the whole project remains.

In line with Part 6. of Council’s resolution, Councillors were advised of the successful completion of negotiations on Thursday 17 Aug 2023 and an instruction has been issued to Rainbow Group P/L to commence the Stage 1 Early Works.

It is confirmed that the following principles in the design development and cost reduction were adhered to:-

a. The facility spaces and capacity within the design be retained;

b. The design aesthetics of the building design be retained;

c. The project retain a sustainable building design that aligns with good practice design principles of local and international environmental standards as specified by consultants Steensen & Varming.

Subject to detailed design being finalised, it is not anticipated that a s4.55 modification of the development consent for the building will be required to accommodate the nominated/agreed value engineering changes.

Conclusion

Council has now reached the stage of construction commencement for a much-needed recreation facility to service the Lane Cove LGA and broader Lower North Shore area. Council has achieved this in line with its commitment to a total project budget of $75 million, with construction now anticipated to be included by August 2025.

RECOMMENDATION

That Council received and note the report.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.