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Agenda

Ordinary Council Meeting

21 March 2024

Council will commence consideration of

all business paper agenda items at 7.00 pm.

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Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 21 March 2024 commencing at 7:00 PM. The business to be transacted at the meeting is included in this business paper.

In accordance with clause 3.26 of the Code of Meeting Practice Councillors are reminded of their oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Yours faithfully

Craig - GM

Craig Wrightson

General Manager

Council Meeting Procedures

The Council meeting is chaired by the Mayor, Councillor Scott Bennison. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5.00 pm on the Tuesday following the meeting.

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. All speakers wishing to participate in the Public Forum to be held Monday, 18 March 2024 at 07:00 pm in the Council Chambers must register by using the online form no later than midnight, on the day prior to the Public Forum (Sunday, 17 March 2024) and a Zoom meeting link will be emailed to the provided email address of those registered as an online speaker. Please note that the time limit of three minutes per address still applies, so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation. Should you require assistance to participate in the meeting due to a disability; or wish to obtain further information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.

Ordinary Council 21 March 2024

TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

ACKNOWLEDGEMENT TO COUNTRY

MINUTE OF SILENCE FOR RELECTION OR PRAYER

NOTICE OF WEBCASTING OF MEETING

CONFIRMATION OF MINUTES

1. ORDINARY COUNCIL MEETING - 22 FEBRUARY 2024

Mayoral Minutes

2. Mayoral Minute - Update on New Planning Reforms............................... 6

3. Mayoral Minute - Cost Shifting by the NSW Government...................... 7

Notices of Rescission

4. Notice of Rescission - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)..... 9

Orders Of The Day

Notices of Motion

5. Notice of Motion - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)........... 11

6. Notice of Motion - Report on Council measures to minimise impacts of Dogs on grassed Off-Leash Sports Fields................................................ 15

7. Notice of Motion - Report on Council measures to ensure optimal utilisation of Council Sports Fields............................................................ 18

Officer Reports for Determination

8. Further Report - Jean Mitchell Lucretia Baths Restoration......... 20

9. Planning Proposal No. 39 - 448-456 Pacific Highway, St Leonards.... 26

10. Traffic Committee - February 2024................................................................. 56

11. Variation to Voluntary Planning Agreement, 472 - 504 Pacific Highway St Leonards............................................................................................................... 99

12. Council Policies Review - Part 4.................................................................... 102

13. Lane Cove Men's Shed Relocation................................................................. 105

14. Appointment of Community Members to Youth Advisory Group.... 108

15. Terms of Reference for a Review of the Council Financial Model in NSW by IPART............................................................................................................ 110

Officer Reports for Information

16. Wadangarri Park - Winner of the 2023 Place Leaders Asia Pacific Award......................................................................................................................... 121

17. Lane Cove Public School - Netball Multi-Purpose Court and Lighting........................................................................................................................................ 123

18. Recent Legislative Reforms - Social and Affordable Housing..... 127

19. Council Snapshot - February 2024................................................................ 131

Questions With Notice

20. Questions with Notice - Parking in streets in the area between Pacific Highway and Kimberley Avenue...................................................... 132

21. Questions with Notice - Recording of Complaints in Council Snapshot....................................................................................................................................... 133

22. Questions with Notice - Community Safe Sharps Disposal and Lane Cove Pool Temperature.................................................................................... 134

23. Questions with Notice - Bob Campbell Oval............................................ 135

Ordinary Council Meeting 21 March 2024

Mayoral Minute - Cost Shifting by the NSW Government

Subject: Mayoral Minute - Cost Shifting by the NSW Government

Record No: SU896 - 14223/24

Division: Lane Cove Council

Author(s): Councillor Scott Bennison

Discussion

The pressure on councils to continue to provide services of appropriate standard to our communities is now extraordinary.

The unrelenting growth of cost shifting to councils, coupled with rate pegging, is increasingly eroding any possibility of financially sustainable local government and risking the capacity of councils to deliver tailored, grassroots services to their communities and properly deliver and maintain vital local infrastructure.

Alarmingly, the latest research commissioned by Local Government NSW (LGNSW) shows that the increase in cost shifting has been accelerated by various NSW Government policies.

As shown in the latest cost shifting report produced by independent consultants Morrison Low on behalf of LGNSW for the 2021/2022 financial year (www.lgnsw.org.au/costshifting), an amount of $1.36 billion of expense has been passed on to councils to fund. This is an increase of $540 million since the last report from the 2017/2018 financial year and represents lost services, lost opportunity and lost amenity for all our residents and businesses.

On average, this represents an additional cost of $460.67 for every ratepayer across the state.

With councils having to fund this ongoing subsidy for the State Government each and every year it means our communities get less or go without. They go without better roads, they go without better parks, they go without important community services that only councils provide, and they and their ratepayers are effectively paying hidden taxes to other levels of government.

Councillors, our communities deserve better and this must stop. Prior to the most recent state election the then Minns Opposition wrote to LGNSW acknowledging that cost shifting had undermined the financial sustainability of the local government sector.

Now in 2024, it is important to councils and communities that the NSW Government urgently seek to address cost shifting through a combination of regulatory reform, budgetary provision and appropriate funding.

RECOMMENDATION

That:-

1. Council receive and note the findings of the LGNSW Cost Shifting report for the 2021/2022 financial year;

2. A copy of the report be placed on Council’s website so that our communities can access it; and

3. Council write to the Premier, the NSW Treasurer and the NSW Minister for Local Government seeking that they urgently seek to address cost shifting through a combination of regulatory reform, budgetary provision and appropriate funding.

Councillor Scott Bennison

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Notice of Rescission - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)

Subject: Notice of Rescission - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)

Record No: SU3530 - 11413/24

Division: Lane Cove Council

Author(s): Councillor Katherine Mort; Councillor Scott Bennison; Councillor David Brooks-Horn

RECOMMENDATION

That Council rescind its decision made at the Ordinary Council Meeting of Thursday 22 February 2024 in relation to ‘Notice of Motion – Support for Additional Legislation to restrict the sale of non-therapeutic unregulated e-cigarettes (Vapes)’, viz:-

1. Lane Cove Council:

a) Notes the role the Tobacco Industry plays in advocating for less restrictive legislation and to oppose the influence of industry lobbyists on decision making.

b) Seek a change of regulations to mandate that tobacconist and vape stores require approval through a development application to open in the Lane Cove Local government area, incorporating in this planning mechanism the restriction of no Tobacconist or E-cigarettes (vapes) store within 500m of a school in the Lane Cove Government Area.

2. Write to the NSW Planning Minister, Hon Paul Scully advocating for:-

a) Banning the sale of E-cigarettes (vapes) other than at a pharmacy within 500 metres of any school in the Lane Cove Government Area.

b) The introduction of a Positive Licensing Scheme requiring notification and registration of all commercial premises which sell cigarettes and vaping products and in so doing place a cap on the number of these business permissible in the Lane Cove Government Area.

c) Seek State Government support to enact planning changes at a local government level (in item 1 above).

d) The NSW Government to undertake a health promotion campaign outlining the health effects of vaping, information about the production and content of vapes.

3. Council notes and supports that Federal Government passed a new legislation Act no:118 in both houses on 14 December 2023 and being implemented from the 1 March 2024, which included but was not limited to:

a) cessation of the personal importation of E-cigarettes (vapes).

b) ban on the importation of non-therapeutic E-cigarettes (vapes).

c) requirement for therapeutic E-cigarettes (vapes) importers and manufacturers to notify the Therapeutic Goods Administration of their product’s compliance with the relevant product standards.

d) requirement for importers to obtain a licence and permit from the Australian Government’s Office of Drug Control before the products are imported.

e) domestic manufacturers of vapes for smoking cessation or nicotine dependence will be required to provide pre-market notifications to the TGA declaring compliance with the relevant product standards, prior to the supply of those goods

f) The updated standard for vapes, the Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021 (TGO 110) commenced on 1 January 2024. And included:

i. product labelling (including an over sticker or in an information sheet provided with the product)

ii. child resistant packaging

iii. maximum nicotine concentration (although people can only access the nicotine concentration prescribed to them)

iv. requiring actual nicotine concentration/content of the vape to reflect the product label

v. prohibited ingredients

vi. accepted flavours of mint, menthol and tobacco only

vii. quality management system requirements for vaping devices and vaping device accessories

viii. documentation that needs to be kept by the Australian sponsor of the product

4. Lane Cove Council report back to the Ordinary Council Meeting in May 2024 on the progress of item 1 and 2 in this motion.

Councillor Katherine Mort

Councillor

Councillor Scott Bennison

Councillor

Councillor David Brooks-Horn

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Notice of Motion - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)

Subject: Notice of Motion - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)

Record No: SU3530 - 13351/24

Division: Lane Cove Council

Author(s): Councillor Katherine Mort; Councillor Scott Bennison; Councillor David Brooks-Horn

Background

In the event the Notice of Rescission is carried, the following Motion is proposed.

Discussion

This motion commits Lane Cove Council to actively engage in the advocacy of initiatives aimed at addressing public health concerns associated with vaping products.

In the February Council meeting a (Foreshadowed) Motion - Support For Additional Legislation To Restrict The Sale Of Non-Therapeutic Unregulated E Cigarettes (Vapes) was passed and is subject to a notice to resind. This motion supported Federal government Legislation passed in December, 2023 and also included action advocating for changes to the NSW Planning Laws to restrict commercial premises selling E-cigarettes within 500 metres of schools and include regulation of these premises.

Current Federal Government legislation is the first phase of restricting importation and sale of E-cigarettes. The importation of all vapes, including personal importation is banned from 1st March, 2024 other than by importers holding a valid permit and licence from the Office of Drug Control. Legally imported vapes will only be sold in pharmacies.

This legislation is positive start but does not stop the high volume of sales continuing to occur in every suburb in Australia. Research shows that the overwhelming majority of vapes sold as non-nicotine contain high levels of nicotine.

There is a second stage of reforms anticipated to go before parliament late in 2024 and it is hoped will eliminate the sale of all vaping products. It should include a ban on the manufacture, supply, advertising and commercial possession of vapes that fall outside the prescription network.

This is imperative to end the sale of recreational vaping products and the closure of vape shops.

The reason for rescinding the previous Motion is that while sound it omitted Lane Cove Council’s support and advocacy for the second stage of legislation to be passed as a matter of urgency and is crucial.

All over Sydney young people are buying vaping products with no difficulty and stores that sell them are only a short walk from the schools they attend daily.

Numerous sources list possible side effects of nicotine in young people as changes in brain development, impaired attention, learning and memory difficulties and an increase in anxiety, stress and depression. However, nicotine is not the only substance found in E-cigarettes. Studies have demonstrated some contain cleaning products, nail polish remover, insect and weed killer and diacetyl. Without regulation there is nothing to stop any substances at all being added. These substances and toxins are inhaled straight to the terminal area of the lungs, the alveoli where gas exchange occurs and changes that lead to chronic lung damage may occur.

There are no safe E-cigarettes just like there are no safe tobacco-based cigarettes.

Legislative change left until later in the year allow more and more young Australians to start on a path of nicotine addiction while providing profits for a tobacco industry that have shown they cannot be trusted.

This motion seeks to prioritise action to prevent this including Lane Cove Council writing to the Federal Minister for Health, The Hon Mark Butler and our local federal member, Ms Kylea Tink calling on their support and advocacy to prioritise urgent legislation and implementing of the second phase or full suite of reforms.

It is important to note that although the anticipated legislative changes will continue to allow vaping products by prescription, they remain unapproved medicines and have not been subjected to the same rigorous safety and effectiveness testing as other evidence-based quit smoking aids.

RECOMMENDATION

That Lane Cove Council:

1. Notes the role the Tobacco Industry plays in advocating for less restrictive legislation and to oppose the influence of industry lobbyists on decision making.

2. Seek a change of regulations to mandate that tobacconist and vape stores require approval through a development application to open in the Lane Cove Local government area, incorporating in this planning mechanism the restriction of no Tobacconist or E-cigarettes (vapes) store within 500m of a school in the Lane Cove Government Area.

3. Write to the Federal Health Minister, the Hon Mark Butler MP and our local federal member, Ms Kylea Tink MP expressing our support for the new reforms (introduced 1st January to 1st March, 2024) and the need to see the full suite of reforms urgently legislated and implemented.

a. Specifically, we request their support for further legislation banning the domestic manufacture, advertisement, supply and commercial possession of non-therapeutic vapes and disposable single use vapes to ensure comprehensive controls on vapes across all levels of the supply chain.

b. Further we request the additional legislation not be delayed until later in the year or postponed as other issues gain more traction.

4. Write to the NSW Planning and Public Space Minister, Hon Paul Scully MP advocating for:-

a. Banning the sale of E-cigarettes (vapes) other than at a pharmacy within 500 metres of any school in the Lane Cove Government Area.

b. The introduction of a Positive Licensing Scheme requiring notification and registration of all commercial premises which sell cigarettes and vaping products and in so doing place a cap on the number of these business permissible in the Lane Cove Government Area.

c. Seek State Government support to enact planning changes at a local government level (in item 1 above).

d. The NSW Government continue to undertake a health promotion campaign outlining the health effects of vaping, information about the production and content of vapes including particular focus on under age E – cigarette users.

5. Notes and support that the Federal Government passed a new legislation Act no:118 in both houses on 14 December 2023 and being implemented from the 1 March 2024, which included but was not limited to:

a. cessation of the personal importation of E-cigarettes (vapes).

b. ban on the importation of non-therapeutic E-cigarettes (vapes).

c. requirement for therapeutic E-cigarettes (vapes) importers and manufacturers to notify the Therapeutic Goods Administration of their product’s compliance with the relevant product standards.

d. requirement for importers to obtain a licence and permit from the Australian Government’s Office of Drug Control before the products are imported.

e. domestic manufacturers of vapes for smoking cessation or nicotine dependence will be required to provide pre-market notifications to the TGA declaring compliance with the relevant product standards, prior to the supply of those goods.

f. The updated standard for vapes, the Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021 (TGO 110) commenced on 1 January 2024. and included:

I. product labelling (including an over sticker or in an information sheet provided with the product)

II. child resistant packaging

III. maximum nicotine concentration (although people can only access the nicotine concentration prescribed to them)

IV. requiring actual nicotine concentration/content of the vape to reflect the product label

V. prohibited ingredients

VI. accepted flavours of mint, menthol and tobacco only

VII. quality management system requirements for vaping devices and vaping device accessories

VIII. documentation that needs to be kept by the Australian sponsor of the product.

6. Receive a report to the Ordinary Council Meeting in May 2024 on the progress of item 1, 2 and 3 in this motion.

Councillor Katherine Mort

Councillor

Councillor Scott Bennison

Councillor

Councillor David Brooks-Horn

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Notice of Motion - Report on Council measures to minimise impacts of Dogs on grassed Off-Leash Sports Fields

Subject: Notice of Motion - Report on Council measures to minimise impacts of Dogs on grassed Off-Leash Sports Fields

Record No: SU1252 - 14434/24

Division: Lane Cove Council

Author(s): Councillor Kathy Bryla; Councillor Merri Southwood

Executive Summary

A motion on the Council measures to minimise impacts of Dogs on grassed Off-Leash Sports Fields.

Background

On 19 May 2022 Council established a Dog Advisory Committee.

The Dog Advisory Committee acts as a central point of communication between Council and community stakeholder representatives as users of open space for dogs in the Lane Cove LGA.

The committee held its inaugural meeting on 6 December 2022.

A significant focus of the Dog Advisory Committee has been the education of dog owners about their responsibilities under Section 14 of the Companion Animals Act (NSW) 1998 on and adjacent to sports fields.

Council has designated some grassed sports fields as “off- leash parks” only when organised games are not in progress. https://www.lanecove.nsw.gov.au/Community/Parks-and-Recreation/Dog-off-leash-areas

Some damage is caused to grassed sports fields, often when sports fields are not being used for organised sport/training.

This damage may include digging of holes, defecating by a dog without clean-up by those in control of a dog or leaving of sticks on the playing surface after they have been used for dog play.

Whilst the extent of this activity is unquantified, it is acknowledged that such activity may pose a risk to those who use the sports fields for organised sport/training.

It is also acknowledged that holes and the presence of sticks on grounds may be caused by non -dog related activities.

Since 19 January 2024, Council has displayed signage at grassed sports fields that advises that dogs are allowed off-leash except during organised sport/training.

It also displays signage requesting those in control of dogs to stop digging, to pick up “poo” and to take sticks home as holes and abandoned sticks can cause injury to players.

Dog ownership has risen significantly in Lane Cove and Sydney generally. Council’s website states that there are more than 500,000 dogs in Sydney alone.

It is acknowledged that interacting with companion animals including dogs can have a range of physical and mental health benefits for people. https://kb.rspca.org.au/knowledge-base/what-are-the-benefits-of-companion-animals-to-human-health/ 10/3/2024

It is also acknowledged that grassed open spaces are increasingly scarce and that demand for such spaces from a range of stakeholders will increase with increasing population demands.

Council must balance its duty of care to those who use grassed off-leash sports fields for organised sport/training with the mental and physical benefits to dogs and dog owners of access to grassed off-leash open spaces.

RECOMMENDATION

That:-

1. That Council acknowledges that it seeks to balance its duty of care for the safety of those who use grassed off-leash sports fields for organised sport/training with the mental and physical benefits to dogs and dog owners of access to grassed off-leash open spaces

2. That a report be prepared on:

(a) the signage that has been placed on and adjacent to grassed off-leash sports fields to advise those in control of dogs of their responsibility when grassed sports fields are being used for organised sport/training, to stop dogs digging holes, to clean up after a dog has defecated and not to leave sticks after they been used for dog play, such report to include-

(i) date of installation of signage at each grassed off-lease sports field

(ii) location of signage and distance between signs

(iii) size of signage

(iv) signage adopted by other Councils in NSROC who allow dogs off-leash on grassed sports fields

(b) data on the number (reported and verified) of holes caused by dogs, unremoved “poo” and unremoved sticks previously used by dogs on grassed off-leash sports fields since the signage in 2(a) was installed

(c) data on fines, warnings and other enforcement action taken by Council officers since the signage referred to in 2(a) was installed

(d) recommendations as to other steps that can be taken to achieve the objective of safe shared use of grassed off-leash sports fields and the cost thereof

3. That the draft report in 2 be referred to the Dog Advisory Committee and the Sporting Club Advisory Committee for review and input

4. That a finalised report be presented to Council for consideration in its July 2024 meeting.

Councillor Kathy Bryla

Councillor

Councillor Merri Southwood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Notice of Motion - Report on Council measures to ensure optimal utilisation of Council Sports Fields

Subject: Notice of Motion - Report on Council measures to ensure optimal utilisation of Council Sports Fields

Record No: SU1252 - 14427/24

Division: Lane Cove Council

Author(s): Councillor Kathy Bryla; Councillor Merri Southwood

Executive Summary

A motion on the Council measures to ensure optimal utilisation of Council Sports Fields.

Background

It is recognised that there is a shortage of open space for use by sporting groups in the Lane Cove LGA, both for training and for match play.

It is therefore important to implement procedures to ensure that use of such open space is optimised and is shared equitably between sporting groups.

Council voted to establish a Sporting Club Advisory Committee on 19 May 2022 as a central point of communication between Council and community stakeholder representatives as users of open space facilities in the Lane Cove LGA.

One of the concerns that has been expressed by some sporting groups is that those in control of dogs have allowed dogs to stray onto sporting fields when fields are being used for organised sport or training, posing a safety risk for players.

To address this concern, Council introduced a red flag system. Hirers of sporting fields are required to install and display red flags, supplied by Council, whenever a sports field is in use

It appears that use of these flags is not enforced by some sporting groups, thereby reducing the impact of the red flag initiative.

An additional concern has been reported that is unrelated to the dog and flag matter.

This relates to the fact that sporting fields are being booked but are not used without any notification to Council.

Given the need to optimise the use of open space, it is important for sporting groups who are aware that they will not need a ground booked in their name, to advise Council in sufficient time to allow the ground to be made available to another sporting group.

It is important that Council takes step to ensure that there is consistent use of the red flag system

RECOMMENDATION

That:-

(a) Council conducts a survey of all users who have regular bookings in place for a sports field to confirm that they will need the sports field for the times of their bookings and to adjust booking schedules to reflect the outcome of the survey

(b) Council prepares a draft report on recommendations to ensure future consistent use of the red flag system and to ensure that those who have booked time slots for a sports field, and find they cannot use it, notify Council in sufficient time to allow another sporting group to use the sports field

(d) the final report and recommendations be tabled for consideration at the May 2024 meeting of Council.

Councillor Kathy Bryla

Councillor

Councillor Merri Southwood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Further Report - Jean Mitchell Lucretia Baths Restoration

Subject: Further Report - Jean Mitchell Lucretia Baths Restoration

Record No: SU8705 - 13638/24

Division: Community and Culture Division

Author(s): Stephanie Kelly

Executive Summary

This report provides an update in relation to the Lucretia Baths project. Council has sought funding support to restore the space, but no grant or private funding has been achieved. A concept design has now been completed, assessing the restoration cost to be $1,462,800. This report recommends that given the level of complexity, risk, and Council’s existing significant capital works program, Council not proceed with the project at this time.

.Background

In November 1991, the Lucretia Baths Co-operative Society Board wrote to Council requesting that Council take over the management of the beachside community facility. In 1992 the lease was passed over to Council. Council undertook works of $7,500 based on the recommendations of Council’s Chief Engineer and Council’s insurer to ensure the safety of the Baths. A further series of

maintenance works, including more major works in 2006 involved replacing some of the palings on board walk repairs.

The Baths are currently in a state of disrepair with significant funding required to bring the Baths up to a safe standard. If repaired, Council will also need to make an annual budget for maintenance available and it will also need to put aside funds for further replacement of parts of the structure in future years.

TfNSW who is the owner of the majority of the Baths has also raised concerns with Council regarding the current ability of boat owners to tie their boats up to the handrail on the platform on the western side of the Baths. TfNSW do not see this as lawful use of the Baths and have requested Council to consider ways of not permitting this activity.

Appropriate safety warning signage was erected on the site in March 2023 and is still in place. This replaced an earlier iteration.

There have been several Council reports and consultations about progressing the restoration and replacement of the Jean Mitchell Lucretia Baths Restoration, notably 24 November 2022, 23 February 2023, 23 May 2023 and 21 September 2023. This report responds to the Council resolution from 21 September 2023, viz:-

“That Council:

1. Receive and note the Report;

2. Determine if it wishes to proceed with the next stage of the Project, which would include preparation of documentation for TfNSW Permission to lodge a DA at a cost of $78,700 ex GST, to be funded from the Capital Expenditure Reserve;

3. Receive a progress report at the 2024 Corporate Planning Weekend; and

4. Undertake a further community engagement process to gauge the community interest in further involvement with the Baths project.”

Discussion

Consultants Royal Haskoning DHV were engaged to complete Stage 1 of this project following on from the September 2023 Council resolution. Stage 1 involved preparing all the documentation and plans for the TfNSW Permission to Lodge application and the Development Application.

The consultants have completed a design plan, including a concept plan, suggestions for safety and maintenance improvements and a construction approach. The plan also includes reports on the effectiveness of the predator protection system, marine habitat, surveys, preliminary geotechnical information, and an assessment of the water quality.

To proceed to Stage 2 – Detailed Design and Tender Documentation will cost an additional $59,000 to progress.

The restoration cost is significantly higher than the original ballpark estimate of $600,000, with the current estimate from a quantity survey being $1,462,800.

Element	Cost
Preliminaries	$405,000
Demolition	$27,000
Board Walk	$302,000
Stairs	$16,000
Paling System	$147,000
Painting	$4,000
Signage & Plaques	$15,000
Fencing	$20,000
Landscaping and finishings	$55,000
Contractors	$228,000
Contingency	$243,800
Total	$1,462,800

This price increase is due to the project's complexity, assessment of the various regulatory conditions, the general rise in construction and materials costs, and addressing the many marine requirements based on underwater investigation.

Council has unsuccessfully submitted two grant applications into the NSW Government Places to Swim—2021/22 and 2022/23 Grant Program to rebuild the Baths and enhance the surrounding foreshore area. This grant stream has not been offered this year. Community consultation on funding has not identified any significant sources of alternative funding or significant achievable funding.

The key challenge is to ensure the program's financing is available given the higher-than-anticipated cost and the Council's current extensive capital works program over the next two years which total approximately $96m, the largest in Lane Cove’s History The key projects include:-

· Indoor Sport & Recreation Facility

· Blackman Park Improvements Program

· Bob Campbell Oval Masterplan Implementation

· Aquatic Centre Energy Efficiency Program

· Bus Shelters Program

· Skate Park Project

· Pottery Green Amenities

· 1-5 Pottery Lane Roof Repairs

· Burns Bay Road Paving Project

· Bicycle SUP - Burns Bay Road Linley Point

· Mowbray Road/Centennial Ave Traffic Signal Upgrade

· St Leonards Child Care & Community Facilities

· New Performance Space

· Ventemans Reach Boardwalk

· Lane Cove North Speed Reduction Infrastructure

· Asset Renewal Works (Roads, Drainage and Footpaths)

This project involves several risks that must be addressed. Environmental risks include potential harm to marine life and ecosystems due to construction activities. Financial risks include cost overruns during the construction phase due to unforeseen challenges, as well as ongoing operational expenses such as maintenance and insurance. Despite the work completed by Royal Haskoning DMV, there are still regulatory risks to deal with when meeting TfNSW compliance and environmental standards to obtain necessary permits and approvals. And there are ongoing risks around management of the maintenance of the structure and the need to invest heavily in it regular upkeep to ensure safety and functionality, as well as repair and replacement costs over time.

A discussion on the timing of the project has occurred with the General Manager, Director Corporate and Strategy and Director Community and Culture. All staff concluded that given the level of complexity, risk, and Council’s significant capital works program, it is recommended that Council not proceed with the project at this time. A realistic timeframe for Council to reconsider proceeding with the project is 3 years, after completion of the Sport and Recreation Facility and funding opportunities can be identified.

Outcomes of Community Consultation

The community engagement program has been completed to gauge interest in volunteering, sponsorship, and any community contribution.

The consultation was designed to understand the community's enthusiasm for the restoration of the baths and also to seek community resources to help support the program of activities to restore the baths. The resolutions required that the Council consult about:

1. Providing volunteer support during the restoration and ongoing future management of the Baths, using a model similar to Council's existing 'bushcare' or 'bushfriends' programs;

2. Provide potential 'sponsorship' of the restoration of the Baths (for example, named plaques) and

3. Suggestions into other ways that the community might contribute to the ongoing amenity of the Baths.

Council undertook extensive community consultation from 10 November 2023 to 8 January 2024 to discover if the community could help resource the project since grant funding was unavailable. The consultation included an online survey, a website page, on-site signage, e-mail to residents who registered interest in the project, and other Council communication channels, including social media and e-newsletters.

It asked the community if there was interest in providing:-

1. volunteer support to the restoration and future management of the baths

2. potential sponsorship of the restoration of the baths and

3. suggestions of other ways that the community might contribute to the ongoing amenity of the Baths.

The engagement generated 28 online responses and three additional submissions. The community was invited to support the resourcing of the baths, and the community provided suggestions for the Council to explore. The resource suggestions from the community are detailed in the table below.

Offer	Opportunity assessment	Proposed Response
Advertising	Install signage to be used for advertising is neither desirable or permissible at this site.	No Action
Donation	Confirm project and accept	Progress
Fitness classes	Feasibility of this must be assessed in terms of space at the baths and the cost of hosting it.	Progress
In water movie night	Feasibility of this must be assessed in terms of space at the baths and the cost of hosting it.	Progress
Retail sponsorship	Shade umbrellas, on site promotions and sales – it is not Council policy to allow advertising in a foreshore reserve.	No Action
Special Levy	To levy a small number of local houses for this program is not cost effective.	No Action
Buy a paling	Assess feasibility and cost to do versus potential funds raised.	Progress
Users pay	Cost of staffing and running a programmed space is not feasible due to size and tides	No Action

Advertising and sponsorship signage are not allowed at the foreshore reserve due to policy restrictions. The cost of staffing and running a programmed space where users pay to fund the baths is deemed not feasible, considering the size and tides of the area. Similarly, programs and activation (fitness classes, movies, etc.) at the baths are desirable but require a feasibility assessment to determine if there is enough space. These concepts will be unlikely to return a surplus to the Council, given that event infrastructure (toilets, power, etc.) will need significant investments. Implementing a special levy on local houses is not considered financially feasible. A 'Buy a Paling campaign is a possible small-scale fundraiser and requires further investigation.

In summary, progress can be made on some proposals; however, most compromise Council policies or are not deemed cost-effective.

Offers of support in developing the replacement baths

Offer	Proposed Response
Architectural design (X2)	Specialised marine design services were already appointed. There is limited need for additional architectural design as works are predominantly underwater engineering.
Bush regeneration	Bush management is valuable. Leveraging existing Council systems mean this opportunity is simple to progress.
Emotional Support	Emotional support is appreciated and accepted.
Laboring (X3)	Laboring requirements are contingent on builder and workplace health and safety considerations, with confirmation pending.
Lifeguard	Lifeguard services are deemed unnecessary for an unstaffed facility, leading to a decline in the proposal.
Litter collection	Progress this offer subject to identifying the need for training, equipment, and on-site storage for litter collection.
Maintenance (X2)	Maintenance tasks require definition, training, and supervision, prompting further investigation before confirmation.
Management of the facility (X4)	Condition audits for asset protection is desirable. However, training and proformas will be required.
Meeting Minutes(x2)	This is not required at this stage of the program but should a ‘Friends of Lucretia Baths’ be established this service would be welcomed.
Painting	Painting requirements are contingent on builder and workplace health and safety considerations, with confirmation pending.

In summary, progress is noted in areas such as bush regeneration, litter collection, and facility management. At the same time, further investigation or confirmation is required for labouring, maintenance, meeting minutes, and painting proposals. Some proposals, like architectural design and lifeguard services, are not required based on identified current needs and considerations.

Requests for new elements to the baths

Request	Opportunity Assessment	Proposed Action
Plaques installed recognizing original founding families	Documenting local history (Plaques & QR code to a local studies page).	Documenting local history through plaques and QR codes. Subject to resources, this initiative will be pursued.
Lucretia baths should be same standards as Greenwich	This is not feasible due to site limitations and resources	No action proposed
Shade needed	Limited feasibility due to space	Pursue subject to resources
Seating needed	Limited feasibility due to space	Pursue subject to resources
Change facilities required	Not feasible due to space and services.	No action proposed
Make pool larger	Not feasible due to cost	No action proposed
Coffee Van	Difficult location but possible	Explore options
Boat pad to allow water access	Not feasible - TfNSW direction to not have boats tied to the facility.	No action proposed
Promotion	Keen to see this opportunity promoted.	Pursue

Conclusion

This report highlights the progress the project team has made so far and outlines the results of the community consultation. Given the level of complexity, risk, and Council’s significant capital works program, not proceed with the project at this time.

RECOMMENDATION

That Council:

1. Receive and note the report; and

2. Given the level of complexity, risk, and Council’s significant capital works program, not proceed with the project at this time.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Planning Proposal No. 39 - 448-456 Pacific Highway, St Leonards

Subject: Planning Proposal No. 39 - 448-456 Pacific Highway, St Leonards

Record No: SU8727 - 11193/24

Division: Planning and Sustainability Division

Author(s): Christopher Pelcz

Executive Summary

This report relates to the Planning Proposal No 39 for the site at 448-456 Pacific Highway St Leonard’s. The site is often referred to as the Car Wash.

The PP prepared by File Planning & Development Services Pty Ltd seeks to amend the Lane Cove Local Environmental Plan 2009 (LCLEP2009) to rezone land located at 448-456 Pacific Highway, St Leonard’s (AT-1).

The Proposal was reported (AT-2) to the Lane Cove Local Planning Panel (LCLPP) for advice on the 5 March 2024. In accordance with Section 9.1 of the EP & A Act, staff prepared an assessment report with recommendations in relation to the Planning Proposal including whether the proposal should be forwarded to the Minister for a Gateway Determination.

The Panel was requested to review, consider relevant issues and amendments proposed by the proponent along with the views and concerns raised in the staff report.

The LCLPP advised that Planning Proposal No 39 is supported (with amendments) and should proceed to the Gateway Determination (AT-3).

In relation to the advice of the Lane Cove Local Planning Panel, it is recommended that Planning Proposal No. 39 be supported with the recommended amendments and be forwarded to the Department of Planning, Housing and Infrastructure for review.

Background

Site

The subject site comprises 1,661 m² of land at 448-456 Pacific Highway, St Leonards (Figure 1), on the corner of Oxley Street, strategically located on the Pacific Highway diagonally opposite the planned Crows Nest Metro Station which forms part of the Sydney Metro City & Southwest Project and within 400 metres of the existing St Leonards Station.

Aerial view of a city

Description automatically generated

Figure 1: Site location

Currently, the site comprises a car wash facility located on 448-452 Pacific Highway and a 4-storey commercial building at 456 Pacific Highway. At the corner of Pacific Highway and Oxley Street there is also an at grade car parking and car wash areas, shade sails and a single-storey building. Entry to the car wash is via Oxley Street and exit is to the Pacific Highway. The commercial building fronts Pacific Highway with a car parking entrance fronting the street, car parking at ground level and three levels of commercial floor space above. The site currently contains six commercial buildings ranging in height from two to four storeys, which are claimed to be “reaching the end of their economic lifespan, in poor repair and in some cases unusable”. The eight lots have been combined under a single landholding ownership.

Much of the land on the north and south side of the Pacific Highway has been redeveloped with larger mixed-use buildings and several underdeveloped properties are subject to development consent. Further north of the site is ‘The Forum’ which forms a town centre of St Leonards and acts as a commercial, retailing and transport hub.

The site is in the corridor between the existing St Leonards Station and the planned Crows Nest Metro Station. This area is undergoing rapid urban renewal and change in response to major government infrastructure investment in the form of the Sydney Metro City & Southwest Project and the vision set out under the 2036 Plan.

Proposal

The proponent-led Planning Proposal seeks the following amendments to Lane Cove LEP 2009 for the subject site:-

· Rezone the site from E2 Commercial Centre to MU1 Mixed Use.

· Increase the floor space ratio controls from 2:1 & 6:1 to 14.7:1,

· Increase the Height of Building controls from 15 metres & 36 metres to RL196.30.

· Require any building on the land to have a non-residential floor space ratio of 0.2:1,

· Introduce a site-specific clause to provide 12% of gross floor area as affordable housing in perpetuity,

· Amend existing Local Environmental Plan Design Excellence clause 7.6 to include this site.

Overall, the proposed controls would result in the following outcomes:

· A mixed-use commercial/residential podium/tower of 30 storeys (see Figure 2 for 3D concept), with a total GFA of between 24,523 m², including 702 m² of ground floor retail as part of a 4-storey podium;

· Up to 242 apartments, with 36 (14.9%) of those to be utilised for affordable/key worker housing in perpetuity.

· Public domain improvements including an activated through-site link along the southern boundary connecting to an on-site plaza (see Figures 3 & 4).

Figure 2: Concept 3D view (with setbacks)

Figure 3: Proposed through-site link with Plaza

Figure 4: Connection to broader through-site links

Planning Agreement

Although a Planning Agreement is mentioned in the Proposal one was not submitted with the initial application – a subsequent letter of offer was received. In any event, Council’s adopted policy is that any Planning Agreement would be assessed separately by Council at a later stage to ensure that any Planning Proposal is considered on its own merit.

Submissions

Previous comments received are discussed in AT-2.

Discussion

Referral to Local Planning Panel

Planning Proposal No 39 for 448-456 Pacific Highway, St Leonard’s was referred for advice to the Lane Cove Local Planning Panel, under Section 9.1 of the EP&A Act 1979. The Panel was requested to review and consider issues and amendments proposed by the proponent along with the views and concerns raised in a staff report (AT-2).

The Report to the Lane Cove Planning Panel examines the detailed provisions of the proponent’s Planning Proposal against the strategic and site-specific merit test as well as other relevant matters. The discussion is contained within that report (see AT-2).

In general terms, all previous matters raised by Council were addressed by the Planning Proposal.

At the meeting, Council staff provided a broad overview of Planning Proposal No 39. The proponent addressed and provided a presentation to the Panel.

Following the meeting, the Panel deliberated and provided their considered advice in the form of recommendations and reasons for their decision.

Panel advice to Council

In providing their advice to Council (see AT-3), the Panel (LCLPP) unanimously supported the findings in the staff’s report with minor amendments, as follows:

· The Panel supports a site-specific clause lor low-cost housing requiring 12% of gross floor area, expressed as either a percentage or a specific number.

The Panel accepted the recommendations and agreed with the all the reasons provided.

Community Consultation

It should be noted that in line with Councils policy PP No 39 was exhibited for 28 days in April 2023 including the posting of a sign on the site. 5 submissions were received and have been addressed in the staff assessment report to the LCLPP.

If the PP proceeds to Gateway a further formal public notification will be required in line with Councils Community Consultation Policy as setout below with indicative timing provided.

Statement of Intent

The consultation is designed to consult with the local community of the proposed rezoning of the site. Any comments received will be reviewed and evaluated to determine whether to proceed with the Planning Proposal.

Method

Level of Participation	Inform	Inform	Consult
Form of Participation	Open	Targeted	Open
Target Audience	Lane Cove Community and community groups	Adjoining owners and Local Government Areas	Lane Cove Community
Proposed Medium	Advertisement and eNewsletter	Notification Letters	Public Exhibition, Website Exhibition
Indicative Timing	6 weeks (May-June 2024)	6 weeks (May-June 2024)	6 weeks (May-June 2024)

Conclusion

The Planning Proposal has responded to the matters raised by Council, both Local Planning Panels and the Design Review Panel.

It is important to note that the non-residential floor space has been decreased from the previous proposal. While it differs from the St Leonard’s Crows Nest 2036 Plan the approach is line with the NSW Governments strategy to address housing shortages and the stock of affordable housing in and around train stations in particular the new Metro – which will be operational in the second half of 2024.

On balance, the revised proposal achieves both merit tests. However, it is recommended that the Planning Proposal be amended as stated in the Local Planning Panel’s advice (AT-3) and forwarded to the Department of Planning, Housing and Infrastructure for review.

RECOMMENDATION

That having considered the advice of the Lane Cove Local Planning Panel meeting of 5 March 2024, Council:

1. supports Planning Proposal No. 39, incorporating the amendments requested by the Panel.

2. forward the amended proposal to the Department of Planning, Housing and Infrastructure for review.

3. delegate authority to the General Manager to prepare a site-specific Development Control Plan (DCP) in conjunction with the proponent to support the Planning Proposal, to be exhibited with the Planning Proposal if a Gateway Determination is issued.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

AT‑1 View	Revised Planning Proposal	81 Pages	Available Electronically
AT‑2 View	Local Planning Panel - REPORT	19 Pages
AT‑3 View	Local Planning Panel - ADVICE	4 Pages
AT‑4 View	Appendix A - Revised Urban Design Study	77 Pages	Available Electronically
AT‑5 View	Appendix B - Revised Traffic Study	16 Pages	Available Electronically
AT‑6 View	Appendix C - Traffic Modelling Summary	13 Pages	Available Electronically
AT‑7 View	Appendix D - Wind Impact Assessment	5 Pages	Available Electronically
AT‑8 View	Appendix F - Response to Council RFI	30 Pages	Available Electronically
AT‑9 View	Further responses to Council's queries	2 Pages	Available Electronically

Ordinary Council Meeting 21 March 2024

Variation to Voluntary Planning Agreement, 472 - 504 Pacific Highway St Leonards

Subject: Variation to Voluntary Planning Agreement, 472 - 504 Pacific Highway St Leonards

Record No: SU571 - 14271/24

Division: General Managers Unit

Author(s): David Stevens; Craig Wrightson

Executive Summary

Council has made excellent progress by utilising Voluntary Planning Agreements in relation to the four pilot projects (developments) in St Leonards. Council supported the developments to demonstrate best practice “Transit Oriented Development” supported by infrastructure, to revitalise the St Leonards commercial area. It is proposed to vary the agreement with the New Hope Group, the developer of 472 – 520 Pacific Highway, to include “The provision of community infrastructure in the St Leonards Precinct”, to enable Council to deliver important community infrastructure and have it operational as the new developments in the precinct come online.

Background

Council at its meeting of 27 October 2014, resolved to enter into a Voluntary planning Agreement (VPA) with the proponents of the Planning Proposal for 472-504 Pacific Hwy, St Leonards, viz:-

“That Council

1. Receive and note the report; and

2. Proceed with the Voluntary Planning Agreements in respect of the Planning Proposal at 472 – 520 Pacific Highway, St Leonards as set out in:-

· VPA Offer 504 Pacific Highway - The Trust Company Pty Ltd as custodian and agent for Charter Hall Direct Pty Ltd as trustee for the 504 Direct Trust, in combination with 500 Pacific Highway, BMAX Advisory Pty Ltd.

· VPA Offer 472 - 486 Pacific Highway- Leighton Properties Pty Ltd, Leighton Contractors Pty Ltd and the Owners of SP73071.

But noting that any other public infrastructure funding not listed in the “Agreed Public Purposes” should be located within the St Leonards precinct (being the area bounded by Pacific Highway, Greenwich Road, River Road and Lithgow/Oxley Street).”

The VPA was in addition to s7.11 Developer contributions and the contribution could be used for the following purposes:-

a. Construction of the St Leonards Rail Plaza and Bus Interchange

b. Tenant Attraction Scheme

c. Affordable/Key Worker Housing

d. Enhancement of the public domain for 498 Pacific Highway, St Leonards, Friedlander Place and its surrounds

It also provided that in the event that the St Leonards Rail Plaza and Bus Interchange did not proceed, the funds could be utilised by Council for the provision of public infrastructure in the St Leonards Precinct.

Discussion

The Voluntary Planning Agreement for 472-504 Pacific Hwy, St Leonards was one of four agreements in relation to four pilot projects (developments) which Council supported to demonstrate best practice “Transit Oriented Development” supported by infrastructure to revitalise the St Leonards commercial area by delivering new commercial, residential and retail floor space.

Council ultimately completed the Over Rail Plaza Project and also the Friedlander Place project to deliver essential community infrastructure to support the precinct. Council however did not utilise any of the Voluntary Planning Agreement funds for the Friedlander place component.

Council staff have now identified the importance of delivering Early Childhood Education Centres and other infrastructure in the precinct which will also be jointly utilised by the new developments in the St Leonards South precinct. The DCP precinct includes the dedication of two Early Childhood Education Centres (Cold Shell) to Council in two of the developments, however Council currently does not have sufficient funding to fit out the centres. This community infrastructure is important to have operational as the new developments in the precinct come online. It is therefore proposed to vary the VPA by including an additional purpose to which the funds can be utilised “The provision of community infrastructure in the St Leonards Precinct.”

There is currently in excess of $9 million of funds surplus across the four Voluntary Planning Agreements. It is only proposed to vary the agreement with the developer of 472 – 520 Pacific Highway, as that contribution was the largest at $21 million. It is estimated that more than $3,000,000 will still be available for the other purposes under the Voluntary Planning Agreement once the Early Childhood Education Centre fit outs are funded.

Council staff have had discussions with New Hope Group the developer of 472 – 520 Pacific Highway who ultimately paid the Voluntary Planning Agreement funds to Council and they support varying the agreement to include the additional purpose.

In order to achieve this, it is necessary for Council to go through a public notification process.

Community Consultation

Statement of Intent

The consultation is designed to seek the community’s views on including an additional purpose which funds collected from an existing Voluntary Planning Agreement can be utilised. Any comments received will be reviewed and evaluated to determine whether or not to proceed with the change.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community and community groups	Lane Cove Community
Proposed Medium	Advertisement and eNewsletter	Public Exhibition, Website Exhibition and Survey
Indicative Timing	Timing of consultation April May 2024 for six weeks	Timing of consultation April May 2024 for six weeks

Conclusion

Council has made excellent progress by utilising Voluntary Planning Agreements in relation to the four pilot projects (developments) which Council approved to demonstrate best practice “Transit Oriented Development” supported by infrastructure to revitalise St Leonards. By varying the agreement with the New Hope Group, the developer of 472 – 520 Pacific Highway, to include “The provision of community infrastructure in the St Leonards Precinct”, Council will be able to deliver important community infrastructure and have it operational as the new developments in the precinct come online.

RECOMMENDATION

That Council undertake community consultation to vary the purposes included in the Voluntary Planning Agreement with New Hope Group, the developer of 472 – 520 Pacific Highway to include an additional purpose, “The provision of community infrastructure in the St Leonards Precinct.”

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Council Policies Review - Part 4

Subject: Council Policies Review - Part 4

Record No: SU241 - 72554/22

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 review and consider the re-adoption of the following policies as part of the ongoing policy review for the Council Term, which will extend throughout the remainder of this term:

· Use of Public Spaces by Commercial Fitness Groups and Personal Trainers Policy,

· Use of Public Open Space by Commercial Dog Walking Businesses Policy,

· Landscaping, Street Trees and Tree Preservation Policy,

· Notification of Development Applications Policy,

· Waterfront Structures Policy; and

· Car Share Parking Policy.

This is the fourth report in a series of reports to Council with policy review recommendations for adoption.

Background

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.

Council previously reviewed and adopted polices at the July 2017 Ordinary Council meetings.

Discussion

This report is the fourth report in 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 six (6) policies which have recently been reviewed. None of the policies require more than administrative amendments. Please note each of the six (6) policies outlined below contain a hyperlink (in the heading) to the current adopted policy version which is also located on Council’s website.

Use of Public Spaces by Commercial Fitness Groups and Personal Trainers Policy

The purpose of this policy is to establish the circumstances under which Public Open Space under the care, control and management of Council may be used by commercial fitness groups and personal training businesses and the requirements for a permit to be issued.

This policy has been reviewed with administrative changes only that have enhanced the clarity of its content. (AT-1).

Use of Public Open Space by Commercial Dog Walking Businesses Policy

The purpose of this Policy is to regulate the use of Public Open Space under the care, control and management of Council, by commercial dog walking businesses.

This policy has been reviewed with no amendments required. (AT-2).

Landscaping, Street Trees and Tree Preservation Policy

This policy is designed to preserve and enhance the amenity and environmental sustainability of the local area through: the establishment and maintenance of street tree plantings that are sympathetic to the local environment and meet functional requirements; landscaping practices that provide a unifying element which emphasises the landscape character of Lane Cove and prioritise indigenous and native plantings; the preservation of trees and other vegetation, particularly trees of significance; planting and preservation practices that enhance the environmental sustainability of the area including the protection of existing indigenous bushland areas and the provision of wildlife corridors and habitats.

This policy has been reviewed with no amendments required. (AT-3).

The purpose of this policy is to involve residents in the decision-making process when, in Council's opinion, the enjoyment of their property may be detrimentally affected by a proposed development or building after its erection.

This policy has been reviewed with administrational changes to reflect changes in the DA lodgement and approval process, that include the Local Planning Panel and the Sydney North Planning Panel. (AT-4).

Waterfront Structures Policy

This policy contributes to protecting and enhancing the bushland setting of foreshores; and to provide clarity around the circumstances under which existing boatshed facilities on Council land can be retained. This Policy provides information on the approach Council will take to assessing any offer by NSW Maritime for Council to take up a lease of a waterfront structure.

This policy has been reviewed with no amendments required.(AT-5).

Car Share Parking Policy

This policy aims to ensure that Car Share parking in the Lane Cove Local Government Area (LGA) is managed in a fair and equitable manner and aims to provide parking opportunities for Car Share groups, in balance with competing parking demands.

This policy has been reviewed with administrative changes, such as car share spaces within private developments which should be provided in accordance with Council’s Development Control Plan (DCP) Part R (AT-6).

Conclusion

The above policy reviews, inclusive of amendments and updates , ensure that the Policy Register is up to date with current practice and relevant legislation. None of the amendments or deletions are such that it is considered necessary to undertake community consultation.

RECOMMENDATION

That Council adopt the reviewed and updated policies.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Draft - Use of public space by commercial fitness groups and personal trainers Policy	6 Pages	Available Electronically
AT‑2 View	Draft - Use of public open spaces by commercial dog walking businesses Policy	4 Pages	Available Electronically
AT‑3 View	Draft - Policy OSUS-05 Landscaping, street trees and tree preservation	8 Pages	Available Electronically
AT‑4 View	Draft - Policy-ES-01 Notification of Development Applications	4 Pages	Available Electronically
AT‑5 View	Draft - Policy POL ES-07 Waterfront Structures Policy	4 Pages	Available Electronically
AT‑6 View	Draft - Policy OSUS-01 Car Share Parking	4 Pages	Available Electronically

Ordinary Council Meeting 21 March 2024

Lane Cove Men's Shed Relocation

Subject: Lane Cove Men's Shed Relocation

Record No: SU8375 - 13919/24

Division: Community and Culture Division

Author(s): Stephanie Kelly

Executive Summary

The Lane Cove Men’s Shed is a non-profit organisation located in the car park of St Columba’s Lane Cove Residential Aged Care Centre. It offers a fully equipped workshop where men can share time with each other, work on community projects, pursue their hobbies and interests, and contribute to the community by creating special projects and donated products.

Council resolved at the Council Meeting held on 21 October 2019 to work with the Men’s Shed team to identify new premises due to the pending redevelopment of their existing site the St Columba’s Lane Cove Residential Aged Care Centre Car Park and support the group's growth. This report describes the efforts with the Men’s Shed to find a suitable space and provides an update on the Men’s Shed's plans to remain in its current location for the next three years.

Background

The Men’s Shed project was launched in late 1996 when Council set up a working committee. In early 1997 the team secured a Federal Government Grant to the Lane Cove Committee to further develop the Project “The Men’s Shed for Health & Well Being”. The Lane Cove Men’s Shed has been located at St Columba’s Lane Cove Residential Aged Care Centre Car Park for the past 25 years. The group has helped a wide range of local community groups and Council delivering special projects from bench seats to picture frames for the Gallery and children’s toys for those in need.

The group looked at moving to a new location in Lane Cove to expand, attract new members and address a potential challenge if a proposed redevelopment of the Church premises ever occurred.

Council at its Meeting held on 21 October 2019 resolved:-

“That:-

1. Council staff meet with representatives from the Lane Cove Men’s Shed in order to come to an agreement as to what is required, in regard to a new home for the Lane Cove Men’s Shed;

2. Council investigates a suitable location and building type to accommodate the requirements for the Lane Cove Men’s Shed;

3. A report come back to Council outlining the:-

a) Requirements needed by the Lane Cove Men’s Shed for a new home;

b) Estimated capital and operating budget required for consideration as part of the 2020/2021 budget;

c) Estimated time frame for the new home to be opened and occupied by the Lane Cove Men’s Shed; and

d) Options for obtaining grants to assist in funding the facility.”

A further report considered this matter on 19 April 2022, which directed staff to work with the Men’s Shed to co-locate the team with the Sydney Library of Things, and the newly established Lane Cove Toy Library. The aim was to encourage joint use of the premises at 47 Burns Bay Road.

Discussion

Over the four-year period, the Council has worked with the Men's Shed Committee members to consider various relocation options. These have included:

Option 1: Old Police Station - 47 Burns Bay Road - 124-square-metre space.

The old Police Station and former Child Care Centre was the primary site identified for the Men’s Shed, and works, including achieving a development consent and some repairs, have been carried out at this site in anticipation of the group taking residence there alongside the Sydney Library of Things and the newly established Lane Cove Toy Library.

Option 2: Gallery Lane Cove – 164 Longueville Road - 140 square metres

The opportunity was to enclose part of the car park area under the Gallery and create a purpose-built Shed. The size may vary depending on the requirements set by the Building Code of Australia and Access regulations. It offers an additional program of creative activation to the artist hub already located at this site.

Option 3: Old Centre House 178 Longueville Road. 120 square metres

The Ground Flood of this site was offered to the men's Shed and could have been renovated to create a more significant hall style space in combination with general maintenance to the building.

The Men’s Shed have worked closely with Council to explore the options and have maintained reservations about the suitability of a village centre location. Their ideal space would be one where there is better vehicular access and offers a larger space than the existing site at St Columbas.

After various meetings to consider the options, the Men’s Shed on 7th March 2024 formally advised Council that they have recently accepted an offer to continue their lease at the St Columba’s facility.

As a result, the Men's Shed declined Council’s relocation offer and expressed gratitude for the work done in bringing the process to this point. They acknowledge that they may have to move eventually as they will need more space to accommodate additional equipment and a proposed Women's Shed collaboration.

Council had established a Capital Budget to provide new premises of $300,000, which included a grant of $30,000 (with Council’s contribution being the matching funding) under the NSW Government’s Community Building Partnership 2022. Despite the project not proceeding at this time, the grant funds have been expended on the planning, approvals, and initial works on the premises at 47 Burns Bay Road and therefore cannot be reallocated.

It's worth noting that although the Men's Shed did not proceed with relocation at this time, they are still interested in working with the Council on projects that promote community and culture in the Lane Cove area.

Conclusion

The current relocation of the Lane Cove Men’s Shed project can now be closed. Council will continue to work with the Men's Shed on community projects.

RECOMMENDATION

That Council receive and note this report.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Appointment of Community Members to Youth Advisory Group

Subject: Appointment of Community Members to Youth Advisory Group

Record No: SU119 - 11194/24

Division: Community and Culture Division

Author(s): Briony Moore

Executive Summary

Council received a report at the June 2023 Ordinary Council Meeting on draft and amended Charters for the following Committees – the Youth Advisory Group; the Theatre Space Planning Reference Group; the Age-friendly Lane Cove Advisory Committee; the Access and Inclusion Committee and the Public Art Advisory Committee.

These Committees, except for the Access and Inclusion Committee, required Council to advertise for members.

This report presents the nominations for the Youth Advisory Group for endorsement by Council.

Background

Council advertised for members of the Youth Advisory Group via the Have Your Say page on Council’s website opening December 3, 2023 and closing February 18, 2024.

Council undertook extensive promotion to recruit suitably qualified young people. This promotion included:

· Flyers in lifts, on noticeboards, at libraries, at Synergy Youth Centre and in the Civic Centre

· Promoted extensively on Council social media

· Information sent to St Leonard’s TAFE, Macquarie University, and local schools

· Circulated to members of Lower North Shore Youth Interagency and Lower North Shore Child and Families Interagency

Four nominations were received.

Discussion

Council’s Selection Committee has reviewed the nominations and recommends that the following nominees be appointed to the Youth Advisory Group:

· Alex Vaccher

· Jacinta Mitchell

· Ryley Nolan

The fourth nominee, is not recommended for appointment to the Youth Advisory Group, as they do not meet the eligibility criteria.

It is further recommended that Council readvertise the vacancies for the Youth Advisory Group to fill vacant positions. A campaign will be run during Youth Week in April 2024.

The Youth Advisory Group Charter specifies a minimum of 7 members, with a quorum of four as this target has not been reached it is recommended that the quorum is set at 50% of the membership and the minimum membership no longer applies. This will enable the work of the Advisory Committee to commence immediately.

Conclusion

Council’s Selection Committee has assessed the nominations for the Youth Advisory Group and,

considering the skills, experience, and interest of the nominees, recommends that the

persons nominated for the Youth Advisory Group be endorsed.

Further that Council readvertises for the Youth Advisory Group to fill vacancies.

RECOMMENDATION

That Council:

1. Endorse the following nominees for the Youth Advisory Group: Alex Vaccher, Jacinta Mitchell, and Ryley Nolan;

2. Notify all the applicants of Council’s decision.

3. Amend the Charter for the Youth Advisory Committee removing the minimum number of members and fixing the quorum at 50% of current membership.

4. Commence Youth Advisory Group meetings; and

5. Call for further nominations for the Youth Advisory Group.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Terms of Reference for a Review of the Council Financial Model in NSW by IPART

Subject: Terms of Reference for a Review of the Council Financial Model in NSW by IPART

Record No: SU914 - 13664/24

Division: Corporate and Strategy Division

Author(s): Don Johnston

Executive Summary

The Independent Pricing and Regulatory Tribunal (IPART) has received draft Terms of Reference (ToR) from the NSW Government to investigate and report on the financial model for NSW councils.

The draft ToR enable IPART to review Councillor and community visibility over the financial and operational performance of their councils, whether current budget and financial processes deliver value for money and whether the current funding model will sustainably support the needs of communities.

IPART sought feedback on the ToR which closes on 15 March 2024. Due to Council’s Meeting cycle it was not possible to obtain Council’s endorsement prior to submission. If Council wishes to make changes an update to Council’s submission can be lodged. Council staff have reviewed the draft ToR and provided a response to IPART and now seek Council’s endorsement of the response.

Background

In its final Report on the rate peg methodology, IPART introduced a new methodology for calculating the annual rate peg, but also identified that:

“Councils can face significant and often different challenges in managing their revenues and costs to meet their community’s needs and ensure their financial sustainability. The recent COVID-19 pandemic, economic volatility, bushfires, droughts and floods, and growing climate and cyber security threats, have increased these challenges.”

IPART recommended that the NSW Government commission an independent review of the financial model for councils in NSW.

The NSW Government has referred a draft ToR for the ‘investigation of council financial model in NSW’ to IPART and directed IPART to consult on the draft terms of reference.

This report outlines Council's submission for Council's endorsement.

Discussion

One of the recommendations arising from the IPART final report on the Review of the Rate Peg was:

That the NSW Government consider commissioning an independent review of the financial model for councils in NSW including the broader issues raised in this report.

Section 9.3 of the report outlined measures which may be of benefit to the local government framework including:

· Better targeting eligibility criteria for rates exemptions. This would help to ensure ratepayers do not subsidise the costs of providing council services to properties where it is not justified on efficiency and equity grounds.

· Allowing councils to use the Capital Improved Value method to set the variable component of rates to ensure they can set equitable and efficient rates for all residential and business ratepayers, regardless of their property type.

· Ensuring that statutory charges reflect the efficient costs incurred by councils in providing statutory services, so councils do not need to use rates income to cover the costs of providing these services.

· Developing a mechanism to enable councils found to have insufficient base rates income to achieve financial sustainability.

· Supporting councils to serve their communities more effectively to build community trust in councils. This could include improvements in how councils undertake and implement their integrated planning and reporting.

· Alternative funding mechanisms, such as targeted grants, should be considered to support councils to provide essential social services to disadvantaged or vulnerable communities, with special attention to the unique challenges faced by rural and regional areas.

· A comprehensive state-wide evaluation of existing pensioner concessions should be conducted, along with the exploration of additional initiatives to enhance support for vulnerable ratepayers. Clear communication and proactive promotion of available assistance options offered by councils are essential.

· Methods to increase the confidence ratepayers have in the rating system should be explored, which could involve introducing additional constraints (i.e. conditions) on the rate peg.

The draft ToR (AT-1) do not address any of the matters raised by IPART in their final report on the Review of the Rate Peg. Instead, they appear to primarily focus on the performance of councils and the need for councils to improve and/or undertake more reporting and compliance activities, as opposed to examining the underlying adequacy of the funding models that councils are compelled to comply with. Many matters are focused on processes or capabilities without asking the fundamental question as to whether rating structures and other revenue streams are equitable or adequately fund councils.

Addressing the ToR in their current state would require significant data gathering and reporting overhead for councils during the IPART review and any findings would not address the issues facing the existing council financial model as outlined by IPART. In fact, any findings from the review could likely lead to increased reporting and compliance obligations on councils and would require significant resources to satisfy. This would actually increase pressure on council budgets and not address fundamental shortcomings and inequities in the current council financial model.

Council’s submission (AT-2) seeks a significant revision to the ToR so the review is focused on addressing the issues with the existing council financial model as identified by IPART when recommending this review.

Conclusion

The draft Terms of reference provided to IPART by the NSW Government enabling an investigation and report on the financial model for councils in NSW do not address the issues with the existing council financial model as identified by IPART when recommending this review. Council’s submission seeks changes to the ToR to focus on addressing the issues rather than potentially impose increased reporting and compliance obligations on councils and would require significant resources to satisfy.

RECOMMENDATION

That Council endorse the attached submission that has been lodged with IPART on the NSW Government’s draft Terms of Reference for an ‘investigation of council financial model in NSW’.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Draft Terms of Reference for NSW council financial model review January 2024
AT‑2 View	Council submission - Terms of Reference - Investigation of council financial model

Ordinary Council Meeting 21 March 2024

Wadangarri Park - Winner of the 2023 Place Leaders Asia Pacific Award.

Subject: Wadangarri Park - Winner of the 2023 Place Leaders Asia Pacific Award.

Record No: SU7134 - 14002/24

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council was recently recognised for its excellence in delivering Wadanggari Park by winning the 2023 Place Leaders Asia Pacific Award for ‘Place Governance’. The Place Governance Award recognises Council’s role in inspiring others to action through exemplary leadership and vision.

The Place Leaders Asia Pacific Awards Program recognises physical projects, place processes and leadership across six categories which highlight the achievements of Place Leaders in delivering successful place outcomes that enrich the life and wellbeing of all communities. It is recommended the report be received and noted.

Background

Established in 2004, Place Leaders was founded by the leaders of large public sector agencies across Australia who were planning and developing major urban land projects and renewal precincts. They seek to improve the quality of place outcomes through sharing expertise, learning from best practice, thought leadership, research, celebrating excellence and product development.

Place Leaders Asia Pacific is a member organisation for the promotion of leadership amongst place planners, managers, shapers and makers working in the Asia-Pacific region. Place Leaders connect and cultivate relationships between leaders across all tiers of government, industry, academia and arts to drive the collective conversations that no one sector can have alone.

The concept of a public open space park constructed on a bridge over the rail corridor was first conceived by Council staff as part of the 2006 St Leonards Strategy, which was a joint strategy prepared by Lane Cove, North Sydney and Willoughby Councils. The strategy established a public domain vision for the St Leonards Commercial Core precinct that would create an identifiable ‘sense of place’ for workers and residents alike. This included the development of a new community focal point for St Leonards, a new Bus Rail Interchange and Plaza to be constructed over the rail corridor (an Australian first).

Council has been pursuing delivery of this project since 2011 when the NSW Government first expressed interest in the proposal. Initially, progress in gaining NSW Government support was slow, however Council ultimately obtained permission to construct an over rail bridge to accommodate the park in late 2020 with the project commencing in late 2021. The completed Wadanggari Park delivers significant social and economic benefits by activating the precinct, improving connectivity and access, commuter safety and convenience, and providing much needed public open space in this part of St Leonards to compliment the new (Council) Library and surrounding developments.

Discussion

Council was the winner of the Place Governance category which recognises a specific model that has advanced excellence in the delivery and/ or management of holistic place outcomes.

The criteria included:

· Vision - Inspiring others to action through exemplary leadership and vision.

· Integrated Decision Making - The outcome displays high levels of collaboration and fostered new partnerships amongst stakeholders towards a co[1]ordinated shared vision of implementation.

· Inclusiveness - A diverse range of stakeholders were involved.

· Innovation - New and original ways of thinking and doing were applied.

· Resilience - The outcome displays strategies and mechanisms that support resilience to change.

Council’s Project Team consisted of Sebastian Stivala (Director – Major Projects) and Simone Bordin (Projects Officer) to deliver Wadanggari Park in collaboration with their design, construction, and consulting partners, namely: Aurecon; Arenco; Arcadia; GHD Engineering; Landscape Solutions; Sydney Trains; and, Transport Asset Holding Entity (TAHE).

Wadanggari Park is a focal point linking; St Leonards Station, the Forum and the upcoming Crow Nest Metro Light-Rail via the revitalised commercial retail precinct and beyond through Friedlander Place. Importantly, the Park aligns with the NSW Government’s St Leonards and Crows Nest Plan.

With the suburb of St Leonards falling within three different local government areas, this project has provided infrastructure to support all three areas.

The project was the centrepiece of Council’s strategy to demonstrate best practice “Transit Oriented Development” supported by infrastructure to revitalise the St Leonards commercial area..

Conclusion

Council staff, and in particular the Wadanggari Park Project Team, is very proud to table this Report at the March 2024 Meeting to showcase an outstanding achievement in place making for the Lane Cove LGA and its community.

RECOMMENDATION

That the report be received and noted.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Lane Cove Public School - Netball Multi-Purpose Court and Lighting.

Subject: Lane Cove Public School - Netball Multi-Purpose Court and Lighting.

Record No: SU3206 - 14000/24

Division: Open Space and Infrastructure Division

Author(s): Ted Webster

Executive Summary

This report provides an overview of the partnership between Council, the Department of Education and the Lane Cove Public School in existing basketball court at the school so Netball and other sports could resume nighttime training. The lighting is complete and ready for use by the community. It is recommended the report be received and noted.

Background

On the 21^st of January 2020, the Lane Cove Public School unfortunately endured a fire in the main hall of the complex which led to the eventual total demolition of the structure which was replaced by a synthetic court surface of approximately 540 square metres for multiple uses.

The decision was made to replace the main hall in the location of the two existing multi-use courts which had lighting allowing for night training.

To address the impact of this, Council approached the Department of Education under the

Share Our Space - School Infrastructure NSW program offering to pay for new lights on the existing basketball court to allow Netball to recommence night training due to the strong participation and the need for training until 8:00pm to accommodate the number of participants.

Council received a letter of support from both the Lane Cove P & C as well as the Lane Cove Netball club in support of the proposal.

Part of the planning process involved approaching the residents of the neighbouring properties to inform them of the plans to install lighting. Once this process was completed, the Department of Education approved the installation of the lights.

Discussion

Council worked with the Department of Education and the local sporting groups to devise a design for the lighting utilising energy efficient LED lighting that would sufficiently meet the needs for night time training.

The Department of Education managed the project, funding the upgrade of the court service with multi-sport markings, and obtaining quotes and providing project management for the lighting, which was recently completed. The court is now ready to be used up until 8pm in time for the 2024 winter sports season.

As part of the partnership, Council will enter into an agreement with the Department of Education for Council to manage a booking system for after school hours use of the court and lights by the community.

Aerial view of a neighborhood

Description automatically generated

A blue and white track

Description automatically generated

Figure 1 - Images of new light poles and fittings at Lane Cove Public School

A basketball hoop and a light post

Description automatically generated A basketball court with trees in the background

Description automatically generated

Figure 2 - Images of new poles and fittings at Lane Cove Public School

Conclusion

The lighting is complete and ready for use by the community. With Council providing funding and working in partnership with the Department of Education, extended access to a netball and basketball court training facility for use by the Lane Cove Community has been reintroduced at the Lane Cove Public School.

RECOMMENDATION

That the report be received and noted.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Recent Legislative Reforms - Social and Affordable Housing

Subject: Recent Legislative Reforms - Social and Affordable Housing

Record No: SU8556 - 12520/24

Division: Planning and Sustainability Division

Author(s): Mark Brisby; Craig Wrightson

Executive Summary

Further to the report to the February Council meeting regarding the New South Wales Planning Reforms this report provides a more detailed overview of the social and affordable housing legislative reforms which came into effect on 14 December 2023, and are applicable across all local government areas.

The revised State Environmental Planning Policy (Housing) 2021 (Housing SEPP) now authorises an additional 30% allowance in building height and floor space ratio (FSR) for developments integrating at least 10% of their floor area designated for affordable housing. The height bonuses only apply if they are residential flat buildings and/or shop top housing. It is recommended the report be received and noted.

Background

Within the ambit of the National Housing Accord, New South Wales commits to delivering roughly 377,000 new dwellings by 2029, including approximately 15,800 units dedicated to social and affordable housing. The reform initiatives, initially disclosed in June 2023, aim to mitigate the housing crisis by augmenting the stock of social and affordable housing for low-income households and essential workers.

The legislative revisions, enacted on 14 December 2023, include:-

• Environmental Planning and Assessment Amendment (Housing) Regulation 2023 - The object of this regulation is to amend the Environmental Planning and Assessment Regulation 2021 because of amendments to State Environmental Planning Policy (Housing) 2021.

• State Environmental Planning Policy Amendment (Housing) 2023 - Includes a number of changes, primarily to State Environmental Planning Policy (Housing) 2021, that will have implications for development in the Lane Cove Local Government Area (LGA).

Discussion

The legislative changes include a number of consequential changes to the NSW Planning system which directly affect the Lane Cove LGA.

Repeal of State Environmental Planning Policy No 65 Design Quality of Residential Apartment Development (SEPP 65).

SEPP 65 is replaced with a new Chapter 4 in State Environmental Planning Policy (Housing) 2021 which will have minimal impact as the old provisions are being transferred to Chapter 4 of the new SEPP.

Amendments to State Environmental Planning Policy (Planning Systems) 2021

New approval pathways for affordable housing which bypass local government have been created, including:

o A new State Significant Development (SSD) pathway for in-fill affordable housing development where the part of the development that is residential development has a capital investment value of more than $75 million.

o A new SSD pathway for housing development carried out by public authorities (including the Aboriginal Housing Office and Land and Housing Corporation) where the development has a capital investment value of more than $30 million, or will result in more than 75 dwellings.

Amendments to State Environmental Planning Policy (Housing) 2021

The Housing SEPP was created to consolidate all planning policies which relate to residential development into the one SEPP. The following amendments have been made.

New provisions

Chapter 2, Part 2, Division 1 provides new in-fill affordable housing provisions that include incentives for developments that include at least 10% of gross floor area as affordable housing. These provisions apply if:

o The development includes residential development and is permitted under an environmental planning instrument.

o The affordable housing component is at least 10% of the gross floor area and managed by a community housing provider for a period of at least 15 years.

o The land is within an accessible area, which includes land within 800m walking distance of a ferry wharf or 400m walking distance of a bus stop serviced at least hourly.

The bonus provisions work by applying the maximum permissible FSR for the land plus an additional FSR and building height of up to 30% of the maximum permissible. The amount of the bonus is proportionate to the amount of affordable housing provided within a development. For example, for a development to gain 30% additional FSR, the minimum affordable housing component needs to be 15% of the gross floor area. For a development to gain 20% additional FSR, the minimum affordable housing component would need to be 10% of the gross floor area.

It is important to note that while the FSR and building height bonuses are designed to work in tandem, only residential flat buildings or shop top housing can utilise both bonuses together. Height bonuses do not apply to any other type of development.

The NSW Government has prepared the In-fill Affordable Housing Practice Note and Planning Circular PS 23-003 to guide consent authorities and applicants on the application of the in-fill affordable housing FSR and height bonuses.

The in-fill affordable housing provisions include non-discretionary development standards relating to lot size, landscaped area and deep soil zones, solar access, car parking and for developments not subject to the Apartment Design Guide, minimum floor areas. If a development complies with a non-discretionary development standard, the consent authority is not able to require compliance with a more onerous standard (including a provision in a local environmental plan or development control plan).

In St Leonards South, the in-fill affordable housing 30% FSR bonus will apply in addition to the FSR incentive allowed under the incentive clauses contained within Council’s Local Environmental Plan. This is undesirable given the extent of the Master Planning work undertaken in the precinct.

The in-fill affordable housing FSR bonuses will apply to the vast majority of residential zoned land in Lane Cove LGA given the proportion of land within 800m walking distance of a ferry wharf or 400m walking distance of a bus stop serviced at least hourly. Height bonuses would only apply to residential flat buildings and shop top housing. It is unclear at this stage what the likely take up of the in-fill affordable housing provisions would be in in the Lane Cove LGA.

Self-assessment for government housing agencies

Chapter 2, Part 2, Division 6, provides that the Land and Housing Corporation, Aboriginal Housing Office and Landcom are now able to self-assess social and affordable housing developments that provide up to 75 homes, including buildings up to 11 metres in height and with a FSR of 0.65:1 where the land use is permissible. Provisions exist specifying matters that the various agencies must consider as part of the self-assessment. The authority is required to give written notice of the intention to carry out the development to council and neighbours and consider any responses received. It is not considered that this will have a significant impact in the Lane Cove Local Government Area.

Design of residential apartment development

A new Chapter 4 Design of residential apartment development effectively replaces SEPP 65. Similar to SEPP 65, the provisions state that development consent must not be granted to residential apartment development, unless the consent authority has considered the quality of the design of the development (evaluated in accordance with the design principles for residential apartment development), the Apartment Design Guide and any advice received from a design review panel. This change is not considered to have any detrimental impact on the assessment of residential apartments generally.

Seniors housing

Changes to Schedule 4 to update accessibility and usability standards for independent living units to reflect industry best practice.

Boarding houses

The FSR bonus for boarding houses has been increased from 25% to 30% to align with the FSR bonus allowed under the in-fill affordable housing provisions.

Conclusion

In conclusion, the recent social and affordable housing reforms introduced by the New South Wales Government are a key strategy to tackle the housing crisis by increasing housing options for low-income households and essential workers. The reforms aim to encourage developers to include affordable housing components and streamline approval processes.

Ongoing monitoring and evaluation are essential to assess the reforms' effectiveness and identify unforeseen outcomes and areas for improvement. Prioritising affordable housing initiatives will assist in establishing a sustainable housing ecosystem.

RECOMMENDATION

That the report be received and noted.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 March 2024

Questions with Notice - Bob Campbell Oval

Subject: Questions with Notice - Bob Campbell Oval

Record No: SU5606 - 14491/24

Division: Lane Cove Council

Author(s): Councillor Merri Southwood

Background and Questions

1. In the February 2024 meeting of Council a resolution was passed to authorise the General Manager to negotiate a contract for works at Bob Campbell Oval. These work include the addition of an off-leash dog area to the north of the site adjacent to C2 Environmental Conservation land and the relocation of the northern playground to the southern end of the reserve.

Question

Will the AECOM REF dated 16 January 2024 and the Part 5 Assessment dated 15 February 2024 be reviewed in the light of these changes?

2. The SUP up St Vincents Road connecting the Gore Creek Reserve to Gore Street was included as Item 6 in the Master Plan adopted by Council on 23 February 2023.

It was not included in the Detailed Design Plans prepared for tender.

The REF states that Lane Cove Council will also undertake works to upgrade St Vincents Road, with inclusions for overflow parallel parking and to extend the new shared pathway to Gore Street; however, these works are not included in this REF as they will be undertaken under as exempt development as per the provisions of State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport and Infrastructure SEPP). (REF p i)

Question

When will this portion of the SUP be delivered?

3. Council’s 2020 Project Nomination for the Bob Campbell Oval grant under the Precinct Support Scheme included the SUP from Gore Creek Reserve to Greenwich Road in the BCO project.

Council estimated the total project cost (excluding car park and playground) at $3,623, 023 (incl GST)

The SUP was included in the calculation of total project costs in the assessment of the STM tender for a synthetic ground and other works on 9 August 2021.

Total project costs of the synthetic ground and other works (excluding carpark and playground) was estimated at $3,292, 657.

Council estimated that it would need to contribute $1,640, 894 from Section 7.11 funds to complete the BCO project.

In November 2021 Council constructed a portion of the SUP included in the BCO Project Nomination, namely the portion from Greenwich Road to the corner of St Vincents Road and Gore Street.

Question

Is delivery of the SUP from Greenwich Road to Gore Creek Reserve included in Council’s calculation of the second master plan tender costs outlined in Project Costs in the agenda for the 22 February 2024 meeting?

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

AT‑1 View	Agenda - Traffic Committee - February 2024	27 Pages
AT‑2 View	Minutes - Traffic Committee - February 2024	15 Pages

AT‑1 View	Council Snapshot February 2024	43 Pages	Available Electronically
AT‑2 View	Resolution Tracker Report for 21 March 2024 Council Meeting	53 Pages	Available Electronically