Agenda of Ordinary Council - Thursday, 19 October 2023

Ordinary Council 19 October 2023

TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

ACKNOWLEDGEMENT TO COUNTRY

MINUTE OF SILENCE FOR RELECTION OR PRAYER

NOTICE OF WEBCASTING OF MEETING

public forum

Members of the public may address the Council Meeting on any issue for 3 minutes.

CONFIRMATION OF MINUTES

1. ORDINARY COUNCIL MEETING - 21 SEPTEMBER 2023

Mayoral Minutes

2. Mayoral Minute - Delegated Authority for the Resurfacing of Bob Campbell Oval and Associated Facilities.................................................... 6

3. Mayoral Minute - Future of Car Free Sunday............................................. 7

Orders Of The Day

Notices of Motion

4. Notice of Motion - Investigate options for reducing water use and implement further water sensitive urban design principles............ 9

5. Notice of Motion - Lane Cove Gallery Shelter Structure................ 12

6. Notice of Motion - Climate Summit Report and Climate Emergency Strategy..................................................................................................................... 14

Officer Reports for Determination

7. Consultation Results for Closure of Canberra Avenue................. 36

8. 14 Gay St - Results of Investigations and Options for Future Use 44

9. Proposed Sale of Drainage Reserve- Morrice Street and Tambourine Bay Road..................................................................................................................... 52

10. Blackman Park Synthetic Sports Field Replacement.......................... 56

11. Traffic Committee - September 2023............................................................... 58

12. Blackman Park Skate Park Demolition and Construction................ 98

13. Council Policies Review..................................................................................... 104

14. Annual Financial Statements - Year Ended 30 June 2023.................... 107

15. Additional 2023 Local Government NSW Conference Voting Delegate for Motions............................................................................................................. 186

16. Pecuniary Interest Returns 2023.................................................................. 188

Officer Reports for Information

17. Council Snapshot - September 2023.............................................................. 190

Questions With Notice

18. Questions with Notice - Canberra Avenue............................................... 232

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

Confidential Items

19. Mayoral Minute - General Manager's Performance Plan 2023/24

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

Ordinary Council Meeting 19 October 2023

Notice of Motion - Investigate options for reducing water use and implement further water sensitive urban design principles

Subject: Notice of Motion - Investigate options for reducing water use and implement further water sensitive urban design principles

Record No: SU9072 - 60628/23

Division: Lane Cove Council

Author(s): Councillor Kathy Bryla; Councillor Bridget Kennedy

Executive Summary

A motion seeking to take action to implement the Kinesis recommendations for water use as well as investigate stormwater utilisation options and implementation of water sensitive urban design practices, to reduce our water use and stormwater damage to our waterways.

Background

In our Community Strategic Plan, one of the key objectives is to manage energy consumption in Council’s buildings and assets and identify opportunities for water conservation and management. Our Sustainability Action Plan has a target to achieve no net increase in water use by 2036 based on 16/17 levels, and we have a progressive target of no net increase in water use by 2024 (FY16/17 water use baseline).

In August 2023 Council voted on the motion to:- “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 was brought back to council in our August 2023 meeting. The key recommendations from the Kinesis report were:

· 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.

Discussion

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.

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

· Consider recycled water as an alternate source where feasible.

· Investigate and plan for recycled water opportunities, including in Council green spaces.

When it rains, most rainfall runs off impervious surfaces such as roofs and roads and is typically transported directly and quickly to waterways through a drainage system. As a result, stormwater reaches waterways more often, more quickly and in greater volumes with limited opportunities for infiltration into the ground, evaporation and transpiration via plants in the landscape. Increased levels of very heavy rain can exceed the capacity of the drainage system, leading to localised flooding.

Stormwater retention and infiltration initiatives aim to reuse stormwater in the catchment area, reducing the frequency and volume of runoff into our waterways.

Examples of these initiatives are rain gardens (gardens that filter stormwater from hard surfaces), infiltration strips and rainwater tanks that slowly release water that percolates into the soil of gardens, sports fields and park lawns. Improved stormwater management and water sensitive urban design principles, can address negative stormwater impacts and achieve benefits in urban landscapes including:

· Healthier waterways and bays

· A viable, fit-for-purpose alternative water supply

· Increased wellbeing and amenity through greener urban spaces and access to recreation spaces

· Improved public safety by reducing the risk of flooding and providing safer water recreation.

With our local area bordered by bays, creeks and harbour the health of the waterways is partly our responsibility, a respect for country.

This motion seeks to take action to implement the Kinesis recommendations for water use as well as investigate stormwater utilisation options and implementation of water sensitive urban design practices, to reduce our water use and stormwater damage to our waterways.

RECOMMENDATION

That Council: -

1. Note that Australia has now officially entered El Nino conditions which can intensify heat waves, increase the severity of bushfires, and contribute to drought conditions. The influence of El Niño is primarily felt in eastern Australia, resulting in warmer-than-usual temperatures and reduced rainfall;

2. Liaise with Kenesis to gain a deeper understanding on what they think would be workable options for recycling of water in the Lane Cove LGA;

3. Investigate:

a. recycled and grey water opportunities in our community, to aid in building water resilience in our LGA, for example;

i. sporting facilities that have showers, hand basins

ii. Kindy Cove potential for grey water use from washing machine

iii. residential grey water use

b. Urban sensitive design principles (in addition methods already undertaken) such as stormwater infiltration systems to reduce the volume of runoff into our waterways

4. Receive a presentation at the next Corporate Planning weekend on the opportunities identified and a pathway forward on how these opportunities could be implemented.

5. Investigate new communication strategies to educate and promote within the Lane Cove community in regard to how we can help to keep our waterways clean.

Councillor Kathy Bryla

Councillor

Councillor Bridget Kennedy

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 19 October 2023

Notice of Motion - Lane Cove Gallery Shelter Structure

Subject: Notice of Motion - Lane Cove Gallery Shelter Structure

Record No: SU4313 - 60645/23

Division: Lane Cove Council

Author(s): Councillor Bridget Kennedy

Executive Summary

A motion to investigate a shelter structure for the outdoor balcony at Lane Cove Gallery.

Discussion

Currently there is a large outdoor balcony off the gallery floor on level 3. The outdoor (rooftop) area of Gallery Lane Cove is useful in its provision of a varied experience for visitors and to accommodate overflow space when events are heavily attended. However, the lack of shelter from sun or rain is a barrier to full enjoyment and usage of the space. It’s important that council owned facilities are utilised to their full potential for a wider demographic.

This motion aligns strategically with the priorities and goals of our ‘Create Lane Cove Cultural Plan’:

1. A Community for All - To ensure that community members of all ages, backgrounds and abilities have access to cultural life in Lane Cove

2. Community Wellbeing - To contribute to our community’s health and wellbeing through arts and cultural opportunities

3. Cultural Diversity - To celebrate unique and diverse cultural communities in Lane Cove and beyond

4. Cultural Heritage - To value, protect and enhance our built and cultural heritage

A Structure will offer cover from the elements and increase the type of activities that the Gallery can offer to offer the community, including but not limited to:

· Rest areas for visitors.

· Facilities for students to use in breaks in the midst of classes and workshops.

· Opportunities for social functions, e.g. Summer nights, Friday drinks at the gallery.

· Curated pop-up food and beverage events, in partnership with local businesses.

· Curated artisan & craft events

· Outdoor workshops, e.g. pop-up printmaking, similar to the one conducted by the Gallery in The Plaza as part of the launch of Lane Cove Festival.

Activating this space will also provide much needed street presence of the Gallery and Studios as animating the space would generate interest from passers-by who may otherwise not engage with the gallery and studios, and its services.

RECOMMENDATION

That Council:-

1. Investigate and report back to a Council meeting, the design options, approximate costs, and other practical considerations that would be involved in constructing a shelter structure, providing shelter from sun or rain to allow full enjoyment and usage of the space including but not limited to:

· Rest areas for visitors.

· Facilities for students to use in breaks in the midst of classes and workshops.

· Opportunities for social functions, e.g. Summer nights, Friday drinks at the gallery.

· Curated pop-up food and beverage events, in partnership with local businesses.

· Curated artisan & craft events.

2. Consider the implementation of this in the 2024 (or 2025 at the latest) Delivery and Operational Program;

3. Carry out the investigation in consultation with Management at Gallery Lane Cove and other relevant parties.

Councillor Bridget Kennedy

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 19 October 2023

Notice of Motion - Climate Summit Report and Climate Emergency Strategy

Subject: Notice of Motion - Climate Summit Report and Climate Emergency Strategy

Record No: SU6743 - 60719/23

Division: Lane Cove Council

Author(s): Councillor Bridget Kennedy; Councillor Kathy Bryla

Executive Summary

A motion to note the key takeaways from the recent Cities Power Partnership Climate Summit and to research and investigate steps towards creating a culture within the council that considers Environmental Sustainability and our declared Climate Emergency as a priority in every decision-making process.

Discussion

In September 2023, Councillor Bryla and Councillor Kennedy attended the Cities Power Partnership Climate Summit for Local Government 2023. Several key issues were addressed including but not limited to;

· Climate Risks in Council Operations- the many considerations councils should take into account surrounding public infrastructure, private infrastructure, and the legal implications of addressing both;

· electrification’s crucial role in a sustainable future, highlighting the benefits and opportunities it offers councils;

· how Incorporating climate decisions across council operations can alleviate risk, save money and set communities up for the future;

· How Indigenous and Western knowledge can combine to inform stronger, more resilient and impactful climate strategies;

· how all three levels of government can effectively work together for stronger climate action, and the important role local government can play;

· How Local Governments can help in the shift to cleaner transport;

· How emissions modelling in the Climate Council’s latest report “Shifting Gear – A Pathway to Cleaner Transport,” reveals that by the end of this decade, we must reduce car trips by over half, increase public transport trips by 3.5 times, and promote active modes of transportation threefold.

Out of this summit, several strategic actions have been identified.

Following Darebin City Council declaring a climate emergency in 2016, more than 100 municipalities across Australia, representing over eight million people, as well as 1,400 local governments across the world have declared or acknowledged a climate emergency. We are one of those statistics. In 2019 Lane Cove Council declared and adopted that there was a Global Climate emergency.

In declaring a climate emergency, a government admits that climate change (or global warming) exists and that the measures taken up to this point are not enough to limit the changes brought by it and that actions be prioritised to address the emergency. Australia is experiencing higher temperatures, more extreme droughts, fire seasons, floods and more extreme weather due to climate change. Rising sea levels add to the intensity of high-sea-level events and threaten housing and infrastructure (statement from the Australian Museum).

The BOM has just identified that we’ve just experienced Australia’s hottest September on record. As well as this, in the past 12-month period a large number of mean temperature records have fallen across Australia, including Australia’s warmest month on record (January), Australia’s warmest September on record, Australia’s largest positive monthly anomaly on record (September), Australia’s warmest summer on record (December 2012 to February 2013), Australia’s warmest January to September period on record, Australia’s warmest 12-month period on record (broken twice, for the periods ending August and September). Indeed, Australia’s warmest period on record for all periods 1 to 18 months long ending September 2013. Two significant daily maximum temperature records were also set this year: Australia’s hottest summer day on record (7 January) and Australia’s warmest winter day on record (31 August)

Despite only dealing with probabilities, scientists predict without a determined effort to reduce emissions, the globe will likely experience 4 degrees of warming by 2100. “That makes large parts of Australia and other continents uninhabitable,” Prof Flannery warns. It also makes food production in many parts of the world impossible.

What does this mean? Think of those that you love and the life they have ahead of them. Calculate the years in their terms.

Young Parents in our communities will have children still alive in their 80s in the 2100 world. It’s hard to imagine how our current young people and future generations will survive with the current predictions.

The City of Darebin states that every decision that their council actions go through a rigorous filter of how this satisfies their declaration of a climate emergency.

Just one example of the outcomes of this approach and their commitment to change is that they have just opened their new aquatic and recreation centre, and this is an example of their commitment, the result being a 6 Green Star registered building.

“Darebin residents have a strong commitment to the environment. Being part of the Green Star Early Access Program strengthens that commitment.” Sue Wilkinson, CEO, Darebin City Council

https://new.gbca.org.au/case-studies/building/northcote-aquatic-and-recreation-centre/

There are many benefits to taking committed steps to a carbon-neutral economy. It takes a mindset shift from the leaders of all parts of industry and government. As well as large-scale improvements in health and wellbeing around the world, bold climate action can deliver economic benefits in terms of new jobs, economic savings and market opportunities. As David Suzuki has been quoted to say, the debate by governments in regard to climate action can be likened to “we’re driving in a giant car heading fast towards a brick wall and everyone’s arguing on where to sit!”

Our Community Strategic Plan currently has a number of themes: -

1: Our Society 2: Our Built Environment 3: Our Natural Environment 4: Our Culture 5: Our Local Economy 6: Our Council.

Currently goals and actions that address the Climate Emergency exist lower down the IPandR Framework. However, as the Climate Crisis has worsened, all the themes and areas of our Council are at risk of being affected. For example, as extreme weather events occur, we are at risk of flooding - lack of stormwater management, heat stress for our community, increased insurance and operational/energy costs.

RECOMMENDATION

That Council:

1. Note the contents of the key takeaways report and associated PowerPoint presentations by speakers at the recent Cities Power Partnership Climate Summit for Local Government 2023, presented by Councillor Bryla and Kennedy.

2. Draft an overarching extra section, for consideration as an amendment to the Lane Cove Community Strategic Plan- Liveable Lane Cove (2035) for review at the 2024 Corporate Planning weekend with the aim to be included in the Next CSP review, and that these words outline how Lane Cove Council will strategically address our commitment on the Climate Emergency declaration as an overarching principle, guiding all Council goals and decision-making processes within each of the CSP themes, to meet our Climate Emergency Goals and for this section/paragraph to include but not be limited Council stating it’s intent of leadership to act on the climate emergency declaration on all themes in our CSP.

3. Research and investigate steps towards creating a culture within the council that considers Environmental sustainability and our declared Climate Emergency as a priority in every decision-making process, for example;

1. Reach out to Darebin Council to understand how they have changed the culture within their organisation to prioritise the Climate Emergency;

2. Utilise the Climate Council resources and experts to educate key staff, councillors and executives, via ‘Lunch and Learn’ and other initiatives;

3. Explore ways that ensure that the decision-making process of every motion or report to council is considered within the context of;

1. Environmental Sustainability (including Climate Emergency);

2. Equity, Inclusion, Wellbeing and Human Rights;

3. Economic and Cultural Development;

4. Operational/Budget Impacts (noting that value for money is more than the price paid);

5. Legal and Risk Implications

4. Commit to putting staff/Lane Cove Council forward for the next Cities Power Partnership awards.

Councillor Bridget Kennedy

Councillor

Councillor Kathy Bryla

Councillor

ATTACHMENTS:

AT‑1 View	Councillor Report - Cities Power Partnership Climate Summit - September 2023	18 Pages
AT‑2 View	Speakers - Cities Power Partnership 2023	32 Pages	Available Electronically
AT‑3 View	Presentation - Brighter Futures, Lower Bills - Katherine Sampson - CPP Summit - September 2023	7 Pages	Available Electronically
AT‑4 View	Presentation - Brighter Futures, Lower Bills - Rachel Goldlust - CPP Summit - September 2023	23 Pages	Available Electronically
AT‑5 View	Presentation - Climate Risk for Council - Crystal Fleming Operations - CPP Summit - September 2023	21 Pages	Available Electronically
AT‑6 View	Presentation - Climate Science Keynote - David Karoly - Climate Science Update - CPP Summit - September 2023	12 Pages	Available Electronically
AT‑7 View	Presentation - Community Energy - Chris Croker - CPP Summit - September 2023	12 Pages	Available Electronically
AT‑8 View	Presentation - Community Energy - Liam Henderson - CPP Summit - September 2023	6 Pages	Available Electronically
AT‑9 View	Presentation - COP 28 - Abby Binay - CPP Summit - September 2023	19 Pages	Available Electronically
AT‑10 View	Presentation - Electrify Everything - Jane Kearn - CPP Summit - September 2023	4 Pages	Available Electronically
AT‑11 View	Presentation - Electrify Everything - Jarrod Leak - CPP Summit - September 2023	13 Pages	Available Electronically
AT‑12 View	Presentation - Electrify Everything - Rewiring Australia - CPP Summit - September 2023	12 Pages	Available Electronically
AT‑13 View	Presentation - Leading in Times of Crisis - Dr Grant Blashki - CPP Summit - September 2023	15 Pages	Available Electronically
AT‑14 View	Presentation - Preparing Communities for a Clean Economy - Carolyn Crossley - CPP Summit - September 2023	8 Pages	Available Electronically
AT‑15 View	Presentation - Preparing Communities for a Clean Economy - Jacqui Bell - CPP Summit - September 2023	5 Pages	Available Electronically
AT‑16 View	Presentation - Preparing Communities for a Clean Economy - Matt Burnett - CPP Summit - September 2023	11 Pages	Available Electronically
AT‑17 View	Presentation - The Opportunities and Limitations of Green Hydrogen - Dr Steven Percy - CPP Summit - September 2023	10 Pages	Available Electronically

Ordinary Council Meeting 19 October 2023

Consultation Results for Closure of Canberra Avenue

Subject: Consultation Results for Closure of Canberra Avenue

Record No: SU1326 - 59110/23

Division: Open Space and Infrastructure Division

Author(s): Sashika Perera; Martin Terescenko

Executive Summary

As per the July 2023 Council resolution, community consultation was undertaken for the partial closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park.

The report also considers the proposal in the strategic context of Council’s St Leonards South Planning Proposal and Crows Nest 2036 plan and concludes that integration of road space into Newlands Park supports Council’s vision to create a high-amenity urban residential precinct near the existing St Leonards Rail and future Crows Nest Sydney Metro Stations, while providing community infrastructure, public open space and pedestrian networks.

Further to this, the St Leonards South facilities Matrix approved in October 2020 as part of the St Leonards South Landscape Master Plan depicts the required and desirable facilities to be included in a park. desirable facilities such as toilets, multipurpose courts and fitness stations which further enhance amenity and social wellbeing require additional space.

From the consultation, Council identified two key themes, Traffic & Parking and Open Space. A breakdown of these key themes has been addressed in the report.

While some existing residents may view the closure as a potential loss or disadvantage in terms of traffic, the benefits of providing additional open space far outweigh the issues identified by respondents. The closure of Canberra Avenue is an opportunity to maximise open space and will be a part of a well-planned network of parks which will benefit current and future residents of St Leonards south alike.

As such, this report recommends the part closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park.

Background

In May 2020, Council resolved as part of the adoption of the St Leonards South Local Environmental Plan amendment, to commence the process to close part of Canberra Avenue, between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park.

Subsequently, in February 2022, a Notice of Motion was passed to defer the closure of Canberra Avenue until further work was undertaken, namely assessing the cumulative impact of construction and post construction traffic on the closure of Canberra Avenue.

A report to Council in April 2022 outlined the cumulative impact of construction and post construction traffic with the partial closure of Canberra Avenue. The report outlined an overarching approach to managing concurrent construction sites and indicated that the closure of Canberra Avenue will have minimal impact to the road network once Area 7-11 construction is complete. Further to this, it was confirmed that Duntroon Avenue will not be permitted for use by construction traffic accessing the St Leonards South precinct.

A further report to Council in July 2022 assessed the post construction traffic impacts with respect to the closure and concluded that the traffic impacts would be minimal.

Following this, the July 2023 Council report outlined the community consultation process and resolved to:

· Undertake Community Consultation and public notification for the partial closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park, as outlined in the report;

· A further report on the outcome of the Community Consultation be submitted to Council for a decision on the road closure by Council.

· During the consultation period, Council holds a site inspection with Councillors and residents at the intersection of Duntroon Avenue and River Road during the morning and evening peak hour periods

On Wednesday, 6 September 2023 two site inspections with Councillors and residents were held where residents were given the opportunity to present their views on the proposed closure.

Strategic Context

When considering the rezoning of St Leonards South one of the key issues raised during community consultation was the provision of sufficient open space for the precinct.

Council’s vision for the St Leonards South precinct was to create a Master Plan for a high-amenity urban residential area. The closure of Canberra Avenue between River Road and intersection with Duntroon Avenue to integrate into Newlands Park was one of the key outcomes from Council’s decision process. At the time of approving the master plan, the additional open space from the closure was estimated to be 3500m² which would increase open space to 17% of the site area.

When considered from a broad, strategic perspective, the reallocation of existing road space into Newlands Park to increase open space has far greater benefit to the St Leonards South Precinct in comparison to any perceived traffic impacts.

As part of the St Leonards South Landscape Master Plan dated October 2020 a Facilities Matrix (AT-1) was developed for required and desirable features to be included in the parks in the precinct. For Newlands Park the Matrix included the features list in the table below.

Consultation Responses

Discussion

Further to Council’s July 2023 resolution, consultation for the closure was carried out for a period of six weeks between 20 August and 1 October 2023 where 1700 letters were delivered to the area identified in the July 2023 Council report.

A review of all the responses from the consultation and the written submissions found two main themes, Traffic & Parking and Open Space. The themes have been further broken down and key concerns of residents have been addressed below:

Traffic & Parking

· The closure will result in traffic congestion on Duntroon Avenue

Council commissioned Bitzios Consulting to develop a model for St Leonards to reflect the approved St Leonards South Plan traffic volumes (i.e. Post development state) under two scenarios, Canberra Avenue closed and Canberra Avenue opened. The modelling assessment has been undertaken at three levels: intersection level, route level and network level and determines that the closure of Canberra Avenue will have no noticeable impact on the road network.

The modelling shows that the Level of Service in terms of delays in the AM and PM Peak hours at the River Road/Duntroon Avenue intersection will be the same for both scenarios. Further detail of the modelling results were outlined in the July 2022 Council report.

Council staff are aware of the concerns raised by some members of the community that the modelling utilised 2013 data. Basing the model on current traffic volumes would not be an accurate representation of the traffic flows as the majority of the single dwelling houses in the precinct have been vacant for some time. However, the model analyses the post development scenario for the precinct. That aside, the greatest traffic generator for the precinct will be the rezoning of St Leonards South as opposed to the closure of Canberra Avenue.

It is apparent that a main concern for residents has been and still remains the rezoning of St Leonards South and the increase in traffic associated with high density developments rather than the closure of Canberra Avenue alone.

Rezoning land to high density residential along train and metro lines is a constant throughout Sydney as it is a deliberate Department of Planning strategy to utilise existing transport infrastructure. The potential increase in traffic, amongst other measures, is managed by the provision of active transport infrastructure.

In St Leonards South, Council is proposing Shared User Paths along all local streets including Canberra and Duntroon Avenues providing an essential connection to St Leonards and Crows Nest Metro Stations. These measures, along with behavior change can help reduce the pressure on local streets.

As such, traffic and parking issues should not be the sole focus and a barrier to providing more open space for the St Leonards South Precinct.

· Duntroon Avenue is too narrow to accommodate additional traffic

On-site measurements of Duntroon Avenue indicate that the width varies in different sections of the road however, the narrowest section is 7.4 metres wide kerb to kerb. With cars parked on one side, there is adequate space to safely negotiate two-way traffic in Duntroon Avenue. The vast majority of the road is considerably wider.

· Minimises the available exit/ entry points

The current arrangement of Canberra Avenue is a left in/left out arrangement and does not provide full access in or out of the St Leonards Precinct. The St Leonards South precinct plan also includes a new road connection between Berry and Park Roads, thus opening an additional access point. The provision of this roadway is anticipated to reduce the pressure on the River Road/Duntroon Avenue intersection and Pacific Highway/Berry Road intersections.

· Restricted access for emergency vehicles

With vehicles parked on the roadway, emergency access will be maintained through having carriageways wide enough to get through and carry out emergency operations. Even when parked on the road emergency vehicles will be able to safely access equipment.

· The proposal will result in less parking

The proposal is anticipated to result in a loss of parking on Canberra Avenue. However, all new developments are required to provide parking for their residents and visitors within the development in accordance with Part R of Council’s Development Control Plan.

· Additional traffic on River Road, Pacific Highway, Greenwich Road, and Berry Road

As discussed in the July 2022 Council report, modelling was undertaken with regard to a travel time on a route level which included River Road and Pacific Highway.

The modelling indicates that the travel times along Pacific Highway and River Road in both directions would remain similar across both scenarios in the AM and PM peak hours.

Modelling was also undertaken with regard to Level of Service at an intersection level, including the intersections of River Road/Greenwich Road and Pacific Highway/Berry Road. The modelling indicates that the closure of Canberra Avenue will have no noticeable impact on the above intersections.

· Additional traffic will make the River Road/Duntroon Avenue intersection unsafe

As stated previously, the existing River Road/Canberra Avenue intersection prohibits right turns in and out of the intersection as it is a left in/left out arrangement. While right turn movements in general require additional visibility and protection, the closure of Canberra Avenue will not divert additional right turning traffic in to or out of the River Road/Duntroon Avenue intersection as these manoeuvres are not available at the Canberra Avenue/River Road intersection.

· Response to traffic report from Turner Traffic dated 1 October 2023

The traffic report from Turner Traffic states that ‘it is prudent to consider standard high density residential trip rates from TfNSW which are 0.19 and 0.15 vehicles/hour/apartment in the AM and PM peak hours respectively. This is up to 2.7 times higher than the trip rates used for SLS’.

The trip generation rates specified by Turner Traffic are a Sydney average while the rates used by Bitzios are specifically for St Leonards and are in accordance with the Guide to Traffic Generating Developments Updated Traffic Surveys TDT 2013/04a.

Turner Traffic also states that modelling for weekend traffic has not been undertaken as the park itself would be assumed to operate at its peak visitation. The park is not a regional park, it is designed for local residents in the St Leonards South precinct, and it is reasonable to assume that most residents will walk or cycle to the park rather than drive a short distance. Further to this, it is standard practice to assess the weekday AM and PM peak hours only for residential developments as it is when the concentration of traffic is at its highest while on weekends, traffic is more equally distributed throughout the day.

Turner Traffic also states that Council has not re-modelled the DA traffic assessments. At the time of the Bitzios report, not all DAs were submitted or determined by Council however, Bitzios modelled the approved number of dwellings which is 1974. The Bitzios model is based on a model that was approved by TfNSW as part of the planning proposal.

Open Space

Open space was another key theme identified from the consultation and some residents requested clarification on the calculation of the additional open space.

· Clarification on the calculation of additional park area

The Figure below indicates how the calculation of the additional park area was determined. The areas are based on lot boundaries for the park and the Road Reserve. Currently, the area hatched green indicates the area of the Canberra Avenue Road Reserve. The current edge of bitumen for the asphalt road in Canberra Avenue is not the formal boundary of the Road Reserve. Between the asphalt road and road reserve boundaries there is a nature strip on either side of the road, which is classified as the Road Reserve. Council’s proposal is to reclassify this section between the boundaries including the nature strip areas to RE 1 which means that the total area that will be reclassified from Road Reserve to RE 1 is over 4000m².

Future Park Features

The consultation also called for residents to identify any features they would like to see in the upgraded Newlands Park. A tally has been prepared for the features residents would like to see in the upgraded Newlands Park. It must be noted that some submissions contained multiple suggestions.

Feature	No. of Suggestions
Toilets	6
Accessibility/ footpaths/ bike paths/ access points/ stairs/crossings	10
Nature Play Features	2
Lighting	1
Dog Areas	10
Bridge or tunnel over roads	2
Upgrade playground for all ages/ fitness stations/ outdoor equipment	25
Sand Pit	1
Skatepark	2
Waterpark/ water play	2
Basketball/netball/ tennis courts	5
More parking	2
More green space/ trees	14
Remove parking	1
Widen the roads	1
Improve drainage	7
Additional fencing	6
Additional seating/ outdoor facilities/ picnic area	9
Laundry space	1

It should be noted that the desirable features identified by the community as part of the consultation process correlate with the St Leonards South Facilities Matrix outlined earlier in the report.

From the St Leonards South Facilities Matrix all required facilities can be included in Newlands Park in its current form. However, if the desirable facilities such as toilets, multipurpose courts and fitness stations are to be included, which would further enhance amenity and social wellbeing of the community, the additional 4,000m² of area provided by the closure of Canberra Avenue would be essential.

Consultation Statistics

Council received 114 responses as of 3 October making it a 7% response rate. The majority of respondents, 88% objected while 12% were supportive of the partial closure of Canberra Avenue. 35% of respondents were from Duntroon Avenue and 23% were from Marshall Avenue. Council also received 50 written submissions outside of the formal consultation format. Copies of all submissions have been circulated separately to Councillors.

Conclusion

Community consultation for the partial closure of Canberra Avenue and expansion of Newlands Park was undertaken between 21 August and 1 October 2023.

From the consultation, Council identified two key themes, Traffic & Parking and Open Space. A breakdown of these key themes has been addressed in the report.

An overwhelming number of existing residents perceive the proposal as having an adverse impact on traffic. However, traffic modelling has been undertaken with regard to Level of Service at an intersection level and travel time at a route level at key intersections along Pacific Highway and River Road. The network level model determines that the closure of Canberra Avenue will have no noticeable impact on the road network.

Considering the proposal in the strategic context of Council’s St Leonards South Planning Proposal and the Crows Nest 2036 plan, the integration of road space into Newlands Park supports Council’s vision to create a high-amenity urban residential precinct near the existing St Leonards Rail and future Crows Nest Sydney Metro Stations, while providing for community infrastructure, public open space and pedestrian networks.

In view of the above, it is proposed to close the part of Canberra Avenue between the intersection with River Road and the intersection with Duntroon Avenue to integrate the land into Newlands Park as envisaged .

RECOMMENDATION

That Council:

1. Formally resolves to close that part of Canberra Avenue at its intersection with Duntroon Avenue and integrate the land into Newlands Park;

2. Construct a roundabout at the Canberra Avenue/Duntroon Avenue intersection; and

3. Develop Masterplan for the upgrade of Newlands Park.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

AT‑1 View

St Leonards South Facilities Matrix

1 Page

Ordinary Council Meeting 19 October 2023

14 Gay St - Results of Investigations and Options for Future Use

Subject: 14 Gay St - Results of Investigations and Options for Future Use

Record No: SU8218 - 59682/23

Division: Open Space and Infrastructure Division

Author(s): Jeff Culleton

Executive Summary

14 Gay Street, Lot A DP 360196 was acquired by Council in March 2023 the property was then classified as Operational Land to allow Council time to determine the most appropriate use for the site.

To determine the most appropriate uses for the property Council engaged a number of consultants to provide professional assessments. It has been determined that there is a suitable tree sensitive building footprint on the top portion of the site and that the existing building should be demolished.

It is recommended that the community now be consulted on three (3) options for the property:

1) Sub-divide the property into 2 lots with the rear portion of the site being zoned as Bushland and the front portion of the site being zoned as residential land with a best practice sustainable demonstration dwelling that would ultimately be sold to offset the land acquisition cost.

2) Sub-divide the property into 2 lots with the rear portion of the site being zoned as Bushland and the front portion of the site being zoned as residential land with two ‘micro houses’ (dual occupancy) that can be used permanently as affordable housing.

3) The entire lot is zoned as Bushland.

Background

On 17 March 2023, Council finalised its purchase of the property at 14 Gay Street at a cost of $3.3M to protect and preserve the rear of the site which is a key portion of the Upper Stringybark Creek Reserve. It was then intended to undertake further investigation to determine the best course of action for the future use/s of the property.

At the May 2023 Council Meeting it was resolved to:

“Receive a further report on 14 Gay Street at the October Council Meeting which includes a site condition assessment, undertaken by an external consultant. The report should include an arborist report, investigate site ecology and identify the presence of endangered and/or threatened species, as well as a structural engineers report on the condition of the existing building;”

Discussion

As per the Council resolution the following reports were commissioned to assist in determining the condition and ecological values of the site: Arborist Report AT-1, Hazardous Materials Reports AT-2 and Structural Engineers Report AT-3. For the ecological assessment of property Council used the data already collected for the Upper Stringybark Creek Reserve that was provided in the Flora 2023 AT-4 and Fauna 2020 AT-5 Studies.

Arborist Report (AT-1)

Council commissioned HUGH The Arborist Pty Ltd to conduct a Preliminary Arboricultural Assessment report. To enable the Arborist to undertake his assessment of the trees Council also commissioned GeoSurv to provide a survey of the site which was used for the Arboricultural assessment.

The Arborist’s report is intended to be used to assist in understanding the retention values, health and condition of the existing tree population on and adjoining the site. The report identified 117 trees on the site. 11 trees were rated AA (excellent heath), 97 trees were rated A (good heath) and 9 trees were rated Z (poor health) with 10 exotic tree species.

For determining a suitable building footprint sensitive to trees on site, the Arborist overlaid the Structural Root Zones (SRZ) for all trees over the site survey. This has allowed Council to determine an appropriate building footprint that is sensitive to the trees on site. Exotic and Z Rated trees were not considered when determining this footprint as Council’s development controls allow exotics and trees in poor health to be removed and replaced by natives elsewhere on site. This provided a potential building footprint area of 421m² which is indicated in the figure below.

Figure 1: Available building footprint area avoiding the trees structural roots zones.

The average footprint for a residential dwelling in the LGA is between 200m² and 300m². As shown above the available footprint exceeds this range. The minimum lot size for a residential lot in the Lane Cove LGA is 550m², and based on the current configuration of the land, including retaining walls, setbacks and hardstand areas, the minimum lot size can be achieved without impacting trees.

Hazardous Materials (Hazmat) (AT-2)

Council engaged Australian Safer Environment &Technology Pty Ltd (ASET) to carry out two separate Hazardous Materials Surveys one for the soil and the other for the dwelling.

Building (Hazmat)

The purpose of the survey was to identify the location, type, extent and condition of asbestos

containing construction materials, lead based paints, PCB containing electrical components

and Synthetic Mineral fibre-based material and insulation present within the premises for the

purpose of preparation of Hazardous Material Survey Report and an Asbestos Register.

The report stated that the building is of brick masonry construction, having a terracotta tile clad roof and a framed timber roof supporting structure. Gutters and down pipes are metal and aluminum and timber framed windows and timber framed doors are present to the building.

The survey was undertaken by way of a visual inspection of construction materials located in

the buildings. Nine samples of materials, which were suspected of containing asbestos, were

sampled for analysis at ASET’s NATA Accredited laboratory.

The report determined the building has asbestos-based materials and lead based paints which are in a deteriorated status in most of the areas. Eight suspected lead-based paint samples have been analysed and the results obtained have been more than 0.1% for 6 of them which are a concern and two of them have been less than 0.1% and those paints are not a concern.

PCB containing electrical components have not been detected in the building. Synthetic mineral fibre-based insulation materials have not been detected in the building. These types of buildings are likely to have asbestos-based linings relined over with non-asbestos based materials. Materials which were concealed during this survey but become exposed during demolition or refurbishment works and are suspected of containing asbestos should have their composition determined prior to any works in these areas continuing. It was concluded that the dwelling has both asbestos and lead paint which would need to be removed by a certified hygienist if the building was to undergo a renovation.

A perimeter fence has been erected around the property to deter vandalism and limit exposure to hazardous materials until the determination of the future use.

Soil (Hazmat)

Australian Safer Environment &Technology Pty Ltd (ASET) is currently completing soil testing for asbestos and other potentially hazardous materials in the soil surrounding the dwelling and below bushland areas.

Asbestos testing has been limited to clearly exposed areas of soil as a clear sightline is required for samples to be taken. Thick vegetation in the lower bushland area has limited the testing to bare areas of soil. The rate of bush regeneration has been significantly increased to allow further testing of the entire block.

Friable asbestos was detected in the soil on the western side of the dwelling and has since been removed as a priority. Bonded asbestos has been found scattered above the soil throughout the entire block of land. The Bonded asbestos is not deemed to present sufficient risk to require immediate clean up. The clean-up of bonded asbestos will be conducted once all areas of hazardous materials have been identified.

Structural Engineer Report (AT-3)

Council engaged Northwood Consulting Pty Ltd to carry out a structural engineer’s assessment and make recommendations on the structure of the existing residence.

The report has advised that the severity of the masonry damage coupled with a long history of poor maintenance results in significant costs to restore the existing residence to a safe and habitable condition. Additionally, there is significant black mould found in bedroom and kitchen.

The consultant has recommended that the existing structure be demolished. The structural cost to restore this residence has been estimated at $305,500. It is advised that it is not economically viable to restore the existing structure. Furthermore, the consultant does not recommend that any new structure re-use the existing footings as they have failed in several locations.

Site Ecology

14 Gay Street is effectively part of the Upper Stringybark Creek Reserve as it is located adjacent to the rear boundary of the property. Flora (AT-4) and Fauna (AT-5) Studies have previously been conducted by Applied Ecology in relation to the Upper Stringybark Creek Reserve, which identified 4 vulnerable fauna species and 1 critically endangered ecological vegetation community. These include:-

Powerful Owl listed as Vulnerable in NSW the species is facing a high risk of extinction in the wild in the medium-term future. The Powerful Owl is a keystone species of bushland in eastern Australia. The survival of the current population of this top predator is a key factor supporting the maintenance of a balance of fauna species and is an indicator of health in our ecosystems.

Grey-headed Flying Fox listed as Vulnerable in NSW the species is facing a high risk of extinction in the wild in the medium-term future. Flying foxes play an important role in dispersing seeds and pollinating flowering plants and are crucial to keeping native forests healthy. High mobility also makes flying foxes very effective as forest pollinators.

Large Eastern Bent-winged Bat listed as Vulnerable in NSW the species is facing a high risk of extinction in the wild in the medium-term future. This bat has a big impact on the health of local biodiversity. This species feeds on insects known to damage crops and plants. Without the bent-wing bat, local insect populations could skyrocket, stripping plants of their foliage and spreading diseases to animals. Bent-wing bats are also the favoured food of numerous native bird species, and if these bats were to become extinct, these birds would lose an important food source.

Great Broad-nosed Bat listed as Vulnerable in NSW the species is facing a high risk of extinction in the wild in the medium-term future. Microbats play an important role in urban and natural environments. They are numerous in taxa and distribution, which identifies them as a major contributor to regional mammal diversity. They may also be important indicators for the health of the environments they inhabit”.

Blue Gum High Forest listed as Critically Endangered Ecological Community (CEEC) this community faces an extremely high risk of extinction in Australia in the immediate future. Blue Gum High Forest is a unique assembly of plants, from giant trees to tiny ground orchids and grasses. It provides habitat and shelter for a range of native animals, including the grey-headed flying-fox and glossy black cockatoo, that are listed as threatened in the Threatened Species Conservation Act 1995. It is part of the distinctive landscape of the Sydney region and is not found anywhere else in Australia. It contains trees that form hollows large enough to shelter animals such as the threatened powerful owl, parrots, possums and tiny insectivorous bats. Less than 1% of the total area of this forest type is protected in national parks.”

The flora and fauna studies show that there are vulnerable species and a critically endangered ecological community on and surrounding the property. It is recommended that any future uses of the site be considerate of the trees and wildlife.

Suggestions For Future Uses

As part of the consultation for the classification of the land, Council also asked for suggestions for future uses of the site. Council received 54 submissions with five (5) overall suggestions, being:

The options included:

1) Dedicate entire site to bushland.

2) Subdivide the block (dedicating lower portion to bushland) and redeveloping the top portion.

3) Create a playground and park area.

4) Rebuild dwelling for a community centre.

For option two (2) there have a been two (2) suggestions for the redevelopment of the top portion of the site. One being to construct a best practice sustainable home that can be used as a demonstration of how ecologically sustainable dwellings can be practically constructed and show how efficiently they can be run, before ultimately being sold to recoup part of the land acquisition costs. The other suggestion was to construct ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing to be funded from Council’s Affordable housing reserve. These two (2) options will be considered as separate options.

The below table lists the community’s suggestions with recommendations of whether they should be progressed based on the site characteristics and information provided by the consultants.

Proposal	Advantages	Disadvantages	Cost
Dedicate entire site to bushland	Whole site is retained for bushland.	Highly disturbed soil in top portion of site could be difficult and costly to regenerate. Unable to recoup any funds for future bushland or other open/community space expansion.	Net cost for acquisition $3.5m, including $3.3m purchase and $200k for remediation and rehabilitation of existing house site+
Subdivide block and construct a best practice sustainable home that can be used as a demonstration home before ultimately being sold to recoup part of the land acquisition costs.	Exhibit how a sustainable dwelling can be built in a highly ecologically sensitive area with particular attention to tree-considerate design. House can be used as a demonstration to show how efficient it is to run. Ability to sell the house and recoup funds for further land acquisition.	Additional cost to build new house. Existing house site not rehabilitated as bushland.	Net cost for acquisition $1.5m, including $3.3m purchase $1.2m for construction of new house, offset by house sale proceeds of $3m
Subdivide block and build two ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing	Exhibit how a sustainable and dwelling can be built in a highly ecologically sensitive area with particular attention to tree-considerate design. Provision of two ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing	Additional cost to build new micro houses. Existing house site not rehabilitated as bushland.	Net cost for acquisition $3.5m. NB. $700k for construction of two micro houses’ would be funded separately from affordable housing reserve
Dedicate top portion of site to park and playground	Increase Open Space (parkland) for the community. There is only approx. 421m² of available space for park as the lower portion is to be dedicated to bushland.	Stringybark reserve is located approx. 450m from this location which has a playground and all the facilities of a park.	Not supported for consultation A dedicated park (Stringybark reserve) includes a playground, exercise equipment, picnic settings, electric BBQ, basketball court and community garden already exist walking distance away.
Rebuild dwelling for community use	Increase shared space for community use. Booking fees can produce revenue for Council.	Not an ideal location for a community space. Residential area with limited public transport and no capacity for parking. Dwelling recommended for demolition.	Not supported for consultation. Location has limited parking and would add congestion. Not in close proximity to public transport. Increased traffic and noise from various functions may cause disruption to residents.

A number of submissions also requested a bushland track be constructed to connect Gay Street to the existing track in the Upper Stringybark Creek Reserve. It is possible for this to be achieved using the existing drainage reserve adjacent to the property. It is recommended that Council include a bush track connection as part of any future proposals for the site.

It is recommended that Council undertakes consultation on the first three options in the table above and report back to Council for consideration before determining the preferred use.

Community Consultation

It is recommended that the community now be consulted on three (3) options for the property:

1. Sub-divide the property into two (2) lots with the rear portion of the site being zoned as Bushland (C2) and the front portion of the site being zoned as residential land (R2) and construct a best practice sustainable home that can be used as a demonstration home before ultimately being sold to recoup part of the land acquisition costs.

2. Sub-divide the property into two (2) lots with the rear portion of the site being zoned as Bushland (C2) and the front portion of the site being zoned as residential land (R2) and build two ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing

3. The entire lot be zoned as Bushland (C2)

Statement of Intent

The consultation is designed to assist in the determination of the future use of the 14 Gay Street site. Any comments received will be reviewed and evaluated to determine the future use of the property.

Method

Level of Participation	Inform	Consult	Consult
Form of Participation	Open	Targeted	Targeted
Target Audience	Lane Cove Community	Relevant Council Advisory Committees (BMAC)	Local Community groups LCBCS, etc
Proposed Medium	eNewsletter and Social Media, Website Survey,.	Committee meeting.	Notification Letters and emails.
Indicative Timing	November - December 2023

Conclusion

It is recommended that three (3) options for the future use of 14 Gay Street be put on public consultation for a period of six (6) weeks in line with the consultation strategy outlined in the report.

RECOMMENDATION

That Council:

1. Undertake community consultation in line with the community consultation strategy outlined in the report, on three (3) options for the future use of the 14 Gay Street property:

a. Sub-divide the property into two (2) lots with the rear portion of the site being zoned as Bushland (C2) and the front portion of the site being zoned as residential land (R2) and construct a best practice sustainable home that can be used as a demonstration home before ultimately being sold to recoup part of the land acquisition costs.

b. Sub-divide the property into two (2) lots with the rear portion of the site being zoned as Bushland (C2) and the front portion of the site being zoned as residential land (R2) and build two ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing

c. The entire lot be zoned as Bushland (C2)

2. include a bush track connection as part via the existing Council drainage reserve along the western edge of the site in any future proposals for the site; and

3. receive a further report on the outcome of the consultation.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

AT‑1 View	Arboricultural Report - 14 Gay Street	34 Pages	Available Electronically
AT‑2 View	Hazardous Material Report - 14 Gay Street	24 Pages	Available Electronically
AT‑3 View	Structural Report - 14 Gay Street	24 Pages	Available Electronically
AT‑4 View	Bushland / Flora Report encompassing 14 Gay Street	253 Pages	Available Electronically
AT‑5 View	Fauna Report encompassing 14 Gay Street	257 Pages	Available Electronically

Ordinary Council Meeting 19 October 2023

Proposed Sale of Drainage Reserve- Morrice Street and Tambourine Bay Road

Subject: Proposed Sale of Drainage Reserve- Morrice Street and Tambourine Bay Road

Record No: SU2620 - 56027/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Following enquiries by residents, Council wrote to the property owners of 1-61 Morrice Street and 22-50 Tambourine Bay Road seeking their Expression of Interest to purchase part of the Drainage Reserve (the Reserve) which runs at the rear of their properties (Lot 165 DP 656253). The Reserve measures approximately 411m2 and is 2m wide. Council has identified boundary irregularities in properties abutting the site whereby Council’s land has been incorporated without consent into a property for the owner's exclusive use, this report seeks a determination as to how Council can reinstate boundaries in a fair and equitable manner. Available options include:-

1. Property owners purchase a part of the Reserve to the rear of their property;

2. Council issue a licence for occupancy of part the of the Reserve to the rear of their property;

3. Council issue notices to vacate the Reserve and re-establish boundary fences;

It is recommended that subject to a minimum of 50% of the relevant owners agreeing to purchase the Reserve, Council proceed with the sale of the land and should the minimum 50% threshold not be achieved, Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership.

Background

The Council-owned reserve is classified as Operational Land that was created to provide access for and / or upgrade of existing underground drainage services to the properties at 1-61 Morrice Street and 22-50 Tambourine Bay Road. Ultimately. The drainage reserve was ultimately not utilised and is surplus to Council’s requirements.

Commencing 2021, Council received unsolicited proposals to purchase the part of the Reserve at the rear of a number of properties. Consequently, and prior to any further consideration, Council sought to understand the broader level of interest amongst the property owners abutting the reserve by inviting Expressions of Interest for the land. Council received 22 yes responses from a total of 30, noting the number of property owners engaged was 46. As part of the EOI documentation, to provide some idea of price pending a formal land valuation, Council estimated the market value of developable land at $4,000m2 against which Council would offer the purchaser a 50% discount to “market”, in light of its restricted development potential. Costs for the surveying and legal costs were estimated at $5000, and would be in addition to the land purchase price.

Discussion

Council has received a total of 22 yes responses, some of which are what can be described as a “competing interest”, in that the rear- neighbouring property owner also expressed an interest in acquiring the same part of the Reserve.

The following issues and questions have been raised by the Morrice Street and Tambourine Bay Road residents:-

1. Contested (competing interest) properties should be permitted to split equally;

Response: The competing interest scenario (17 contested properties) raises the question of what process will Council employ such that each of the opposite rear-facing property owners have an equal opportunity to purchase part of the Reserve. It is proposed that if the owners wisg to split the land, they can mutually propose splitting the land and associated costs. Failing this, where there is a competing interest, Council can provide each owner a period of 21 days to lodge a bid above the prescribed rate (in this case $2,000) and the highest bidder can purchase part of the Reserve plus their share of costs.

2. Why should the purchaser bear the transaction costs;

Response: Council has received indicative pricing from a Registered Surveyor and our in-house lawyer to undertake a survey and prepare all the necessary documentation for purchase. Council proposes these costs are shared equally amongst the purchasers which would equate to approximately $5,000 per property. If Council was to pay these costs essentially Council would lose a significant % of the proceeds for it's land.

3. If neither of the opposite rear-facing properties wish to purchase, what happens then;

4. Should new boundary “irregularities” come to pass, how will Council maintain the un-purchased parcels;

Response: Two options are open to Council, namely: Council issue a licence for occupation; or issue a notice to vacate the Reserve and re-establish the boundary (and fences) to their rightful location. If this fails and the land becomes landlocked and Council would not be able to maintain the land.

5. To alleviate funding constraints, would Council consider a repayment schedule for the purchaser;

Response: Could offer payment options and record the debt against the Rating record.

6. Should a licence for occupation prevail, how would annual rent be calculated;

Response: Council would seek a 5% return based on the land valuation, determined as outlined earlier in the report.

7. Should an order be issued, whose cost for the demolition of structures;

Response: The owner of the land is responsible for the cost of removing the illegal structures.

8. Unable to reconcile Morrice St / Tambourine Bay map with currently held survey received at date of purchase;

Response: The proposed survey will accurately determine boundaries and resolve any perceived discrepancies.

9. Substantial gum tree at one property straddling the fence line;

Response: Trees located on a property boundary are not on common there is no reason why boundary cannot pass through a tree.

10. Is consent required from all properties to proceed;

Response: No, the boundary does not need to b a straight line

11. Council land should remain as Council land;

Response: Council has no use for the land and it is not suitable for public recreation or as a pedestrian pathway as it has no public access, as it is land locked.

Conclusion

Council’s original Expressions of Interest has created a degree of uncertainty for some property owners as they make future.plans The matter at hand is not without complexity, including how best Council can administer a process that equitably attends to competing property interest(s) as previously described. As the custodians of public land, the existing property irregularities along the Reserve require the Council’s attention, such that at a minimum, boundary lines (including physical fences) must be re-established based on legal ownership. To progress the matter, it is proposed to progress the sale option as outlined in the report. Should less than 50% of the Reserve be capable of being sold once final offers are received, it is proposed that Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership.

RECOMMENDATION

That Council:

1. The report be received and noted;

2. Subject to a minimum of 50% of the relevant owners agreeing to purchase the Reserve, known as Lot 165 DP 656253 Council proceed with the sale of the land;

3. Should the minimum 50% threshold outlined in Part 2. not be achieved, Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership.

4. Delegate Authority to the General Manager to finalise Parts 2. and 3., generally consistent with the process outlined in the report.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Morrice St and Tambourine Bay Rd Map

1 Page

Ordinary Council Meeting 19 October 2023

Blackman Park Synthetic Sports Field Replacement

Subject: Blackman Park Synthetic Sports Field Replacement

Record No: SU1228 - 59843/23

Division: Open Space and Infrastructure Division

Author(s): Bryan Dempsey

Executive Summary

At the September 2023 Council Meeting it was resolved to commence the process for the replacement of the two Blackman Park synthetic fields immediately and a report be submitted to the next Council Meeting on the program and funding options for completion in the current 23/24 financial year.

This report provides a delivery program that can deliver the project in the 2023/24 financial year and confirms that Council has sufficient uncommitted funds in the Capital Works Reserve to complete the project.

Background

At the September 2023 Council meeting, it was reported that the Blackman Park synthetic fields are reaching their end of life and that Council will need to commence the process of replacing them.

Council subsequently resolved to:-

“Commence the process for the disposal and replacement of the two Blackman Park synthetic fields immediately and a further report be submitted to the next Council Meeting on the program and funding options for completion in the current 23/24 financial year.”

Discussion

Delivery Program

It is proposed to split the project into two separate contracts. The first contract will be to remove and recycle the existing surface and the second contract will be to install a new best practice synthetic surface.

The proposed program for the delivery is tabled below; from specifications through to awarding contracts and estimated completion of works.

Item	Weeks (max)	Date
Design development, Specification and Tender Documentation	5	9/10/23
Tender Processes	5	13/11/23
Tender Review	2	18/12/23
Disposal and Recycling of existing surface	3	5/2/24
Installation of new best practice surface	11	26/2/23
Total Weeks	26	13/5/23

Table 1. Proposed program for the delivery from 10 October 2023

Funding

As reported in the September Council Meeting the project is estimated to cost in the vicinity of $2.4M. To allow for a small contingency it is recommended to provide $2.5M for the project.

Funding for the synthetic resurfacing of Blackman Park is recommended to be sourced from Council’s Capital Works Reserve, which was the intended funding source for the original timeframe of the 2024/25 budget. This Reserve has sufficient uncommitted funds available to complete these works during the 2023/24 financial year.

Conclusion

The program provides an indication of 26 weeks to complete the project to resurface the Blackman Park synthetic fields and Council has sufficient uncommitted funds in the Capital Works Reserve to commit $2.5M to complete the project in the 2023/24 financial year.

RECOMMENDATION

That:-

1. The proposed program for delivery be received and noted;

2. $2.5M be provided from Council’s Capital Works Reserve to fund the project in the 2023/24 financial year;

3. Council note that as the project is the renewal of an existing asset, the General Manager will utilise his delegated authority to complete the procurement process.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council 19 October 2023

Blackman Park Skate Park Demolition and Construction

Subject: Blackman Park Skate Park Demolition and Construction

Record No: SU9398 - 58085/23

Division: Open Space and Infrastructure Division

Author(s): Helen Haigh

Executive Summary

Council called for tenders in accordance with Council’s Tender and Quotation Procedure for the demolition and construction of a new skate park at Blackman Park, Lane Cove West. This report provides details on the tender process conducted and recommends that the tender from Convic Pty Ltd be accepted.

As the tendered sum of $1.039M is greater than the adopted budget of $1M for the project, the General Manager was unable to exercise delegated authority to accept the tender. To address this, in addition to the Council awarding the tender it is further recommended that a budget increase of $150,000 be approved, to be funded from the Capital Works Reserve, which has sufficient funds for this purpose.

Background

The final concept drawings were adopted following community consultation workshops in October 2022 and workshops and online surveys in February 2023. Council received a report at the April 2023 meeting and endorsed the final concept drawings (AT-1) to progress to Phase 3 - Detail design for construction in preparation for tender. Funding of $1M for construction of the project was included in the 2023/24 Budget based on the pre-tender estimate.

A tender specification was prepared detailing the schedule of work, hours of work, safety requirements and reporting requirements. The specification outlined that the tender submissions would be assessed based on the following weighted criteria:-

Criteria 1: Price

Weighting: 30%

Based on the Tender Price and schedule of rates provided in the mandatory schedules.

· Best value to Council.

Criteria 2: Capability and Capacity

Weighting: 25%

Capability & Capacity Assessment refers to the experience of the tenderer and its personnel, including management and supervision, the experience of any sub-contractors to be used, the capability of the tenderer to work within relevant policy frameworks and applicable legislation, and any initiatives for change and improvement.

To achieve the maximum score the tenderer is to have;

· Financial Capacity

· Past record and/or demonstrated ability to provide goods/services.

· The Respondent's technical expertise; resource and financial management skills including.

· Proposed methods of service delivery/ detailed management systems

Demonstrated continuous improvement practices.

Criteria 3: Experience

Weighting: 25%

Refers to the demonstrated ability of the tenderer and its personnel, including management and supervisors and the experience of any sub-contractors to be used.

To achieve the maximum score the tenderer is to have:

· the relevant experience of the Respondent and key personnel and the extent of skills/qualifications of the people who will be engaged to carry out the contractor's obligations under the Contract.

· Structure of the Organisation.

· Contracts of similar nature with other NSW Councils.

· Demonstrated financial capability to provide the Work/Services at both a financial and operational level with a clearly identifiable management structure.

· Experience of Sub-Contractors.

· Referees’ responses.

Criteria 4: Work Health & Safety

Weighting: 10%

Occupational Health and Safety refers to the tenderer’s commitment to and compliance with the Occupational Health & Safety Act 2000 and Occupational Health & Safety Regulation 2001.

To achieve the maximum score the tenderer is to:

· Work, Health and Safety policies and procedures.

· Quality Assurance Programs.

· Insurances.

· Work Method Statements.

Criteria 5: Environment

Weighting: 10%

Sustainability and Environment Assessment refers to the manner in which environmental issues are to be appropriately addressed, including commitment to due diligence and the principles of ecologically sustainable development (ESD) in regard to environmental legislation and documentation outlining past performance in regard to environment protection and enhancement initiatives.

Discussion

The tender for demolition of the existing skate park and construction of the new skate park ran from 20 July 2023 closing 28 August 2023. One week extension was granted and the tender closed 7 September 2023. Council received six (6) submissions.

The tender evaluation panel consisted of Council’s Co-ordinator Parks and Urban Spaces, Manager – Assets and Manager - Facilities. There was no conflict of interest that needed to be declared by the members of the tender panel.

Each tender was assessed based on the above weighted criteria and ranked accordingly: -

Tenderer	Price 30%	Capacity Capability 25%	Experience 25%	WHS 10%	Environment 10%	Rank
Build Australia Pty Ltd
Concrete Skateparks Pty Ltd
Cono Services Pty Ltd					preferred
Convic Pty Ltd		preferred	preferred	preferred		preferred
Ezy-Pave Pty Ltd	preferred
Revolution Action Sports Pty Ltd

The Tender Evaluation Scorecard that includes the individual scores and recommendations of tender panel members and the consolidated scorecard, has been provided to the Councillors as a confidential memo

Pricing

There was a significant range in submitted prices for the tender; ranging from $600k to over $2 million. Prices exceeding the funds available were included for comparison to gain an understanding of the marketplace. The preferred tenderer for the Blackman Park Skatepark Demolition and Construction had a submitted price of $1,039,693.28 exclusive of GST.

Capability and Capacity

All companies have the capability and capacity to construct the skatepark. Three of the companies are civil contractors and have a larger pool of assets to draw from. The three skatepark contractors all have sufficient assets to utilise and the specialty construction staff with skillset required to construct a skatepark. Revolution Action Sports are based in Sutherland, NSW; Convic have teams in the majority of Australian states and territories with their head office located in Melbourne; Concrete Skateparks are based in Queensland and have constructed some skateparks in NSW. Concrete Skateparks did not attend the mandatory pre-tender site visit and were missing return schedule details for financial capacity.

Experience

Cono Services Pty Ltd and Ezy-Pave Pty Ltd have experience in paving, landscape, road and cycleway construction but no proven experience in building skateparks. Build Australia Pty Ltd were missing return schedules for details on experience. All three (3) skatepark construction companies provided skatepark experience. Both Concrete Skateparks Pty Ltd and Revolution Action Sports Pty Ltd had experience building skateparks. Convic Pty Ltd have had more experience across Australia receiving multiple awards.

Work, Health & Safety and Environment

One company was missing return schedules for the WHS criterion. All companies completed the completed the environmental survey and were of an acceptable standard.

Reference Checks

It is the opinion of the Tender Review Panel that the reference checks indicate that Convic Pty Ltd has a satisfactory record to undertake the demolition and construction of the skatepark at Blackman Park.

Budget

The General Manager has not exercised his delegation to approve this Tender as the tenderered sum is over the adopted budget. It is recommended that Council should proceed with the project and increase the budget from $1,000,000 to $1,150,000 to cover the increased contract cost and allow a 10% contingency. The additional funds can be sourced from the Capital Works Reserve which has sufficient funds for this purpose.

Conclusion

Six tender submissions were received by Council for the demolition and construction of a new Skate Park at Blackman Park. Three (3) companies did not have enough experience in constructing skate parks. One of these companies did not supply a complete submission and exceeded the available funds for the contract. One (1) company did not attend the mandatory pre-tender site visit. From the two remaining submissions, CONVIC Pty Ltd received the highest score, with a submission that was by far the most comprehensive. Reference checks were carried out for CONVIC with excellent results. The Tender Review Panel recommends that the tender for the Blackman Park Skatepark Demolition and Construction be awarded to Conivc Pty Ltd for an amount of $1,039,693.28 exclusive of GST.

As the tendered sum is greater than the adopted budget for the project it is further recommended that a budget increase of $150,000 be approved. These additional funds are to come from the Capital Works Reserve.

RECOMMENDATION

That Council:

1. Accept the tender from Convic Pty Ltd for of $1.039M;

2. Increase the project budget from $1,000,000 to $1,150,000 to cover the increased contract cost and allow a 10% contingency; and

3. Authorise the General Manager to engage Convic Pty Ltd;

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

AT‑1 View

Blackman Park Skatepark design

1 Page

Ordinary Council Meeting 19 October 2023

Council Policies Review

Subject: Council Policies Review

Record No: SU241 - 60285/23

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

Council’s Policy Register, located on the website, provides a full list of all policies adopted by Council. To ensure the Register continues to contain useful, relevant and current policies, Council Officers undertake reviews of all policies during the course of a Council term.

The purpose of this report is for Council to consider, for readoption, the following policies as part of the first tranche of policies that will be reviewed over the balance of the Council term:

· Equal Employment Opportunity Policy

· Health and Safety Policy

· Events Management Policy

· Financial Hardship Policy

Background

Council will note that a number of policies have already been adopted by Council throughout the current term of Council. Examples of policies already reviewed and adopted by Council include:

1. Code of Conduct

2. Code of Meeting Practice

3. Payment of Expenses and Facilities for Councillors Policy

4. Fraud and Corruption Prevention Policy

5. Cyber Security Policy

6. Community Engagement Policy

7. Media Policy

8. Modern Slavery Prevention Policy

9. Fossil Fuel Advertising and Sponsorship Policy

10. Managing Conflicts of Interest for Council Related Developments Policy

11. Community Gardens Policy

12. Investment Policy (currently on public exhibition)

The purpose of the review is to ensure that all policies are contemporary, compliant with current legislation and/or guidelines issued by State and Federal agencies, are consistent with Council’s direction and reflect industry standards.

Many of Council’s policies have originated out of a response to new or updated legislation and/or an issue that has arisen in the past. It is prudent to review policies each Council term to ensure the value of such policies have not diminished over time due to, for example, a change in circumstances or needs.

Council previously reviewed and adopted a complete set of polices at the July 2017 Ordinary Council meeting.

Discussion

A review of policies in the Policy Register has been underway for several months. This report is the first of a series of reports which will be presented to Council, over the course of the remaining council term, outlining the results of the review. Due to the sheer number of policies within the Policy Register, the plan is to present the revised policies to the Council gradually over the balance of the Council term, thereby providing sufficient time for the Council to review them, particularly if there are any proposed amendments.

Below is a summary of four (4) policies which have recently been reviewed. None of the policies require more than administrative amendments. Please note each of the four (4) policies outlined below contain a hyperlink (in the heading) to the current adopted policy version which is also located on Council’s website.

Equal Employment Opportunity Policy

The purpose of Council’s Equal Employment Opportunity (EEO) Policy is to create an EEO framework that will demonstrate both management and staff commitment to the principles of EEO; ensure both staff and community understanding of the principles of EEO and their application; ensure the development and implementation of an EEO Management Plan which is communicated to employees, target groups and the community and monitored effectively; and to provide community leadership in the area of EEO.

The amendments proposed in this policy are purely administrative, with the reordering of Section 4 to enhance clarity and alignment with EEO principles. (AT-1)

Health and Safety Policy

The purpose of the Health and Safety Policy is to support Council’s objective to establish and maintain healthy and safe systems of work and working environments for all its workers; maintain an effective Health and Safety program aimed at the prevention of injuries and illness; provide resources to support the Health and Safety Program and ensure Lane Cove Council’s commitment to Health and Safety and to comply with statutory health and safety requirements.

The amendments proposed in this policy are purely administrative including updated numbering, designed to reflect updated regulations. (AT-2)

Events Management Policy

The purpose of this policy is to outline the accessibility, risk management and sustainable event management practices Council will apply in developing and delivering its public events program.

The amendments proposed in this policy are again administrative, designed to enhance clarity and alignment with Council’s commitment to sustainability, in particular "4.2 Sustainability" section, there are several additional points added, including:

· "Purchasing and Material Selection," which emphasises using materials, products, and services that are environmentally friendly and support local businesses.

· "Appoint sustainable vendors," which highlights the importance of including sustainability criteria when selecting vendors.

· "Sustainably sourced catering," specifying that vegetarian options, including plant-based protein, should be provided.

· "Education and Promotion," emphasising the need to inform event attendees about sustainability arrangements.

· Addition of details about using tap water over bottled water for water conservation

Financial Hardship Policy

The purpose of this Policy is to fulfill the statutory requirements of the Local Government Act, 1993 (the Act) with respect to the recovery of outstanding Rates, Annual Charges and Interest and the provision of assistance to those Ratepayers who are experiencing genuine financial hardship in meeting the obligation to pay their Rates and Annual Charges.

There are no amendments proposed to this policy. (AT-4)

Conclusion

The policy amendments included within this report ensure that the Policy Register is up to date with current practice and legislation. Given the amendments proposed to the policies outlined in this report are purely administrative, it is not considered necessary to undertake community consultation on these policies.

RECOMMENDATION

That Council adopt the revised draft policies as outlined and attached to this report.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Revised Draft Equal Employment Opportunity Policy	7 Pages	Available Electronically
AT‑2 View	Revised Draft Health and Safety Policy	3 Pages	Available Electronically
AT‑3 View	Revised Draft Events Management Policy	4 Pages	Available Electronically
AT‑4 View	Revised Draft Financial Hardship Policy	5 Pages	Available Electronically

Ordinary Council Meeting 19 October 2023

Annual Financial Statements - Year Ended 30 June 2023

Subject: Annual Financial Statements - Year Ended 30 June 2023

Record No: SU772 - 57275/23

Division: Corporate and Strategy Division

Author(s): KG Bascaran; Steven Kludass

Executive Summary

Following completion of the annual external audit, Council’s Annual Financial Statements for the year ended 30 June 2023 are presented to Council for adoption and subsequent lodgement with the Office of Local Government by 31 October 2023. It is recommended that Council adopt the Annual Financial Statements and invite the Audit Office of NSW and auditors Grant Thornton Australia to attend the next Council meeting in November 2023 to present the Auditors Report.

Background

The audit of the Annual Financial Statements for the year ended 30 June 2023 has been completed by Council’s Auditors, the Audit Office of NSW and Grant Thornton Australia.

The 2023 draft audited Financial Statements were presented to the Audit, Risk and Improvement Committee by Mr James Winter of Grant Thornton Australia on Tuesday 26 September 2023. The Committee endorsed the Financial Statements without modification. An Audit Clearance Meeting was held between the External Auditors and Council Senior Staff on Wednesday 11 October 2023. No major issues were identified during the course of the Audit Clearance Meeting.

The Auditors Report is currently in the process of being finalised and will lodged, together with the audited Financial Statements, with the Office of Local Government by the due date of 31 October 2023.

It should be noted that Section 418 of the Local Government Act 1993, requires that as soon as practicable after a council receives a copy of the Auditors Report:-

a. It must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor’s reports, to the public; and

b. It must give public notice of the date so fixed.

Notice will be given via Council’s website of the intention to present the Annual Financial Statements for the year ended 30 June 2023, together with the Auditors Report at the 23 November 2023 Council Meeting and invite members of the public to make written submission, should they wish to do so.

Representatives from the Audit Office of NSW and Grant Thornton Australia will attend the 23 November 2023 Council meeting to present the Auditors Report and respond to any questions Councillors may have.

Discussion

Financial Result

Council’s overall financial result for the year was an operating surplus of $5.87 million before capital grants and contributions and $54.285 million including capital grants and contributions.

The financial result reflects Council’s ongoing strong financial position and performance established and maintained over the past decade. The financial result is particularly pleasing given the inflationary pressures that have been brought to bear on Council’s finances during the course of the 2022/23 financial year.

Council has once again performed very well against all of the key financial indicator benchmarks. Council recorded an ‘operating performance ratio’ of 10.17% (the benchmark is greater than 0%) meaning it is generating sufficient revenue to cover all of its operational expenses, including depreciation. This is an excellent result and one very few councils in NSW would have achieved for the 2022/23 financial year.

Council exceeds all of the benchmarks with the exception of the ‘own source operating revenue ratio’ which was distorted by the fact Council received non-cash contributions totaling $32 million in the form of newly created assets at St Leonards (principally, a new public carpark and a new library). This large non-cash contribution inflated Council’s overall operating income, resulting in an ‘own source operating revenue ratio’ of 51.3% which is slightly below the benchmark target of greater than 60%. Had this event/transaction not occurred during the reporting period, the ratio result would have been 73.1%. The ratio should more appropriately be based on a 3 year average, rather than a single year to allow for such one off occurrences.

Audit Findings

Council is anticipating being issued with an unqualified audit opinion of its General Purpose Financial Statements. The external audit team have assessed and evaluated a range of key issues and audit risks as part of their audit scope. No significant matters have arisen from those assessments and evaluations.

A Copy of the Annual Financial Statements for the year ended 30 June 2023 is attached at AT-1.

Statement by Councillors and Management

In accordance with Section 413(2)(c) of the Local Government Act, 1993, Council is required to include with the Annual Financial Statements a "Statement by Councillors and Management" signed under resolution of Council, by the Mayor, one other Councillor (generally, the Deputy Mayor), the General Manager and the Responsible Accounting Officer, which will enable Council to complete the Annual Financial Statements and submit them to the OLG by 31 October 2023.

This statement is presented on Page 4 of the General Purpose Financial Statements and is separately attached as AT-2.

Conclusion

Council’s financial position and performance for the period ending 30 June 2023 is strong. There

are no major external audit findings, indicating that Council’s internal controls, systems and

processes are robust and working in an effective manner.

RECOMMENDATION

That Council:-

1. Adopt the Annual Financial Statements (AT-1) for the year ended 30 June 2023;

2. In accordance with Section 413(2)(c) of the Local Government Act, 1993, authorise the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer to sign the “Statement by Councillors and Management” (AT-2) for the General Purpose Financial Statements and lodge them with the Office of Local Government by 31 October 2023;

3. Note that the Annual Financial Statements will be placed on Council’s website for public comment; and

4. Invite the Audit Office of NSW and Grant Thornton Australia to attend the Council meeting of 23 November 2023 to present the Auditors Report.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	2022/23 Annual Financial Statements
AT‑2 View	Statement by Councillors and Management - Annual Financial Statements

Ordinary Council Meeting 19 October 2023

Questions with Notice - Canberra Avenue

Subject: Questions with Notice - Canberra Avenue

Record No: SU1326 - 60637/23

Division: Lane Cove Council

Author(s): Councillor Merri Southwood

QUESTIONS

Question 1 Was the closure of Canberra Avenue/ expansion of Newlands Park included in the St Leonards South Master Plan that went on exhibition in late 2017?

Question 2 Was the closure of Canberra Avenue/ expansion of Newlands Park included in any recommendations by the IPC as part of its review of the St Leonards South Plan?

Question 3 Was the closure of Canberra Avenue/ expansion of Newlands Park included in any recommendations of the Design Charette commissioned by DPE after the IPC review?

Question 4 When was the proposal to close Canberra Avenue and expand Newlands Park first made known to the community?

Question 5 Was there an opportunity for community consultation about the proposal?

Question 6 In the event that Council elects not to proceed with the closure of Canberra Avenue at this point, what changes will Top Spring need to make to its approved DA to accommodate this decision?

Question 7 Will Top Spring need to lodge a Section 4.55 application for any required changes?

Question 8 What is Council's estimate of the time delay (if any) in issue of a Construction Certificate for the Top Spring project if plans are changed to accommodate a decision to leave Canberra Avenue open?

Question 9 I understand that the Top Spring development will take place in stages. Will Top Soring be required to secure Construction Certificates for each stage?

Question 10 What is the amount payable to Council by way of Section 7.11 funds upon issue of the Construction Certificates for the entire Top Spring development?

Question 11 Does Council have a policy as to the recommended distance between parks that include equipment such as playgrounds, fitness stations and toilets?

Question 12 What is the distance between Newlands Park and

(a) Wadanggari Park

(b) the proposed park between Park and Berry Road?

RESPONSES FROM THE GENERAL MANAGER

Question 1 Was the closure of Canberra Avenue/ expansion of Newlands Park included in the St Leonards South Master Plan that went on exhibition in late 2017?

Answer No, it was included in the “St Leonards South Update - Design Charette Response” to the Extraordinary Council Meeting 11 May, 2020. This report included the outcomes of the community consultation process for the St Leonards South LEP amendment in response to the consultation feedback where the majority of submissions stated there was a lack of open space in the precinct.

Question 2 Was the closure of Canberra Avenue/ expansion of Newlands Park included in any recommendations by the IPC as part of its review of the St Leonards South Plan?

Answer No, the IPC were concerned Newlands Park may be being double counted as servicing the needs of the St Leonards South precinct and developments elsewhere in St Leonards.

Question 3 Was the closure of Canberra Avenue/ expansion of Newlands Park included in any recommendations of the Design Charette commissioned by DPE after the IPC review?

Answer The Design Charette conducted in February 2020 recommended an alternate central park to increase the amount of open space to be partly funded by the NSW Government’s Special Infrastructure Contribution. In July 2018, Council conducted a Design Review Workshop to examine technical issues related to urban design, architecture and landscape design. A key outcome was the proposal to close Canberra Avenue to expand Newlands Park. This solution was advised to the Charette but was not included in the Charette’s recommendations. The Charette’s open space solution was rejected by Council.

Question 4 When was the proposal to close Canberra Avenue and expand Newlands Park first made known to the community?

Answer It was outlined in the report “St Leonards South Update - Design Charette Response” to the Extraordinary Council Meeting 11 May, 2020, which finalised the LEP consultation process. Council passed the following resolution at the Ordinary Council meeting of 18 May 2020 “Confirms its intention to create additional open space through the closure of Canberra Avenue South and incorporation into Newlands Park, subject to the appropriate consultation on the closure of Canberra Avenue South, and should the closure proceed, Council seek to rezone the land, RE1 Public Open Space and classify it as Community Land, under the Local Government Act…”

Question 5 Was there an opportunity for community consultation about the proposal?

Answer Per the answer to Q4., the resolution noted that further consultation was to occur in relation to the proposed road closure.

Answer Council staff are of the opinion changes will be necessary. but this is ultimately for the developer to determine.

Question 7 Will Top Spring need to lodge a Section 4.55 application for any required changes?

Answer Dependent of the type and nature of the changes a s.4.55 would be required.

Answer None, Canberra Avenue would not close until the end of the Top Spring construction activities to ensure Council’s previous decision to require construction traffic access to not utilise Duntroon Avenue is adhered to.

Question 9 I understand that the Top Spring development will take place in stages. Will Top Soring be required to secure Construction Certificates for each stage?

Answer Yes

Question 10 What is the amount payable to Council by way of Section 7.11 funds upon issue of the Construction Certificates for the entire Top Spring development?

Answer s7.11 contributions are paid in proportion to the number of dwellings included in each CC. To date they have obtained a CC for stage 1 and paid $5,149M. The total s7.11 for all stages is $9.99M.

Question 11 Does Council have a policy as to the recommended distance between parks that include equipment such as playgrounds, fitness stations and toilets?

Answer No, Council bases the inclusions in each park having regard to the scale, nature of activities and facilities to be provided and proximity of other facilities. The St Leonards South Landscape Master Plan dated October 2020 included a hierarchy of open space in the area. It identified the following facilities for inclusion in the park:

Question 12 What is the distance between Newlands Park and

(a) Wadanggari Park – Answer Approximately 195m

(b) the proposed park between Park and Berry Road? – Answer Approximately 210m

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

AT‑1 View	Council Snapshot September 2023	40 Pages
AT‑2 View	Resolution Tracker	45 Pages	Available Electronically

AT‑1 View	Agenda - September 2023	29 Pages
AT‑2 View	Minutes - September 2023	10 Pages