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Agenda

Ordinary Council Meeting

18 April 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 18 April 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 to be held Monday, 15 April 2024 at 07:00 pm in the Council Chambers as well as online using the web platform Zoom. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (Sunday, 14 April 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 18 April 2024

TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

ACKNOWLEDGEMENT TO COUNTRY

MINUTE OF SILENCE FOR RELECTION OR PRAYER

NOTICE OF WEBCASTING OF MEETING

public forum

A Public forum will be conducted on Monday, 15 April 2024 at 07:00 pm in the Council Chambers as well as online using the web platform Zoom.

CONFIRMATION OF MINUTES

1. EXTRAORDINARY COUNCIL MEETING – 26 FEBRUARY 2024

2. ORDINARY COUNCIL MEETING - 21 MARCH 2024

Mayoral Minutes

3. Mayoral Minute - Amendments to waste tendering requirements under the Local Government (General) Regulation 2021 (NSW).................................... 6

Orders Of The Day

Notices of Motion

4. Notice of Motion - Lane Cove Cenotaph relocation....................................................... 27

5. Notice of Motion - Implementation of ‘Chatty Chairs’ in our LGA to help combat loneliness....................................... 29

6. Notice of Motion - Submission on Draft Synthetic Turf in Public Open Space Guidelines for Decision Makers............. 31

7. Notice of Motion - Ways to deal with unauthorised destruction of trees on private and public property................... 32

8. Notice of Motion - Crisis Fund supporting local families with early childhood education costs..................... 34

Officer Reports for Determination

9. 2024/2025 Draft Budget, Fees and Charges, Delivery Program and Operational Plan, Resourcing Strategy and associated Resource Plans................................................................... 36

10. Finalisation of Bob Oval Campbell Upgrade Contract...................................... 351

11. Children and Families Policy................. 354

12. Statement of Committment to Child Safety............................................................... 360

13. Bus Industry Submission and Peninsular Study........................................ 364

14. Code of Meeting Practice - Proposed Amendments................................................... 471

15. 14 Gay Street - Update............................... 474

16. Council Policies Review - Part 4........... 477

17. Draft Voluntary Planning Agreement for 524 - 542 Pacific Highway, St Leonards......................................................... 482

18. Blackman Park Skate Park.................... 486

19. March 2024 - Traffic Committee............. 490

20. Councillor Course Attendance Request - Business Excellence in Local Government................................................... 537

Officer Reports for Information

21. Council Snapshot - March 2024.............. 539

Questions With Notice

22. Questions with Notice - Sustainability Initiatives in the Sport and Recreation project............................................................ 540

23. Question with Notice - Cost of a separate Public Forum............................. 541

24. Questions with Notice - Council Bike Plan and S7.11 Contributions Plan Works Schedule.......................................... 542

Ordinary Council Meeting 18 April 2024

Mayoral Minute - Amendments to waste tendering requirements under the Local Government (General) Regulation 2021 (NSW)

Subject: Mayoral Minute - Amendments to waste tendering requirements under the Local Government (General) Regulation 2021 (NSW)

Record No: SU896 - 18990/24

Division: Lane Cove Council

Author(s): Councillor Scott Bennison

I am calling on Councillors to support representations to the NSW Government in response to recent amendments to the Local Government (General) Regulation 2021 made by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (NSW) on 15 December 2023.

The amendments introduce new requirements in relation to the tendering of domestic or other waste management services by councils, which are likely to have detrimental effects on NSW councils.

The attached legal opinion from Arthur Moses (Senior Counsel) highlights many problems with the amended Regulations. Senior Counsel’s opinion is that “the amended Regulations are ambiguous, unworkable and apt to produce adverse consequences for councils, tenderers, employees, ratepayers, and the general public… ”.

As highlighted in the legal opinion (summarised at paragraph 45), taken together the amended Regulations:

(a) are internally inconsistent and poorly drafted;

(b) undermine relationships between incumbents and their employees;

(d) are unworkable in their application to service providers and employees who provide services to multiple clients;

(e) substantially advantage incumbents and reduce competition in the market for waste services, with flow on adverse cost and service quality consequences for councils, their ratepayers and the broader community; and

(f) provide unions with a broad and unreviewable veto power in respect of waste management arrangements, preventing or protecting tender processes with flow on adverse competition, cost and service quality consequences.

The amended Regulations are also vulnerable to legal challenge creating uncertainty for councils, tenderers, and employees (see paragraphs 46 – 57 of the legal opinion).

Where a council wishes to change service providers, the new service provider must offer the employees of the existing service provider a job on at least the same terms and conditions of employment with continuity of service and no loss of entitlements, regardless of whether the new provider requires the employees to deliver the service. Furthermore, there is no requirement for the existing service provider to compensate the new service provider (or the council) for the cost of accrued entitlements that will become a liability for the new service provider. This effectively means councils end up paying twice for accrued employee entitlements – they will have already compensated the existing service provider, and they will now have to compensate the new service provider for these same costs.

The amended Regulations can be contrasted with the Australian Labor Party’s policy of “Same Job Same Pay” (at both a State and Federal level). The amended Regulations go well beyond this policy position. They instead amount to a “Job for Life” and guaranteed ratcheting up of employment costs, with the likely effect of entrenching unproductive and inefficient work practices, stifling innovation, and leading to significant cost increases for councils and ratepayers. They will drive down the take up of circular solutions to waste management and resource recovery because of the higher labour costs. The amendments will also advantage existing contractors who are already carrying the employees and entitlements on their books, which will create an unfair advantage for existing suppliers.

Further, for a tender to be successful, the relevant industrial organisations must be consulted and satisfied. The registered industrial organisations who are required to be satisfied may include the Transport Workers Union, United Services Union, Local Government NSW, and Waste Contractors and Recyclers Association of NSW. There is no mechanism for dealing with a dispute where one of the relevant industrial organisations is satisfied and another of the relevant industrial organisation is not satisfied.

LGNSW has raised the abovementioned concerns with the NSW Government and is seeking the support of councils across NSW in amplifying this advocacy.

RECOMMENDATION

That:-

1. Council writes to the Minister for Industrial Relations (NSW), Minister for Local Government (NSW), and local Member of Parliament (NSW):

a. Expressing serious concerns about recent amendments to the Local Government (General) Regulation 2021 made by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (NSW) on 15 December 2023, as highlighted in a legal opinion by Arthur Moses (Senior Council) dated 26 February 2024, and

b. Calling on the NSW Government to reconsider the amendments as a matter of urgency and to engage in proper consultation with all relevant stakeholders on an appropriate way forward.

Councillor Scott Bennison

Councillor

ATTACHMENTS:

AT‑1 View

Arthur Moses SC Legal Opinion on Waste Tendering Regulations

19 Pages

Ordinary Council Meeting 18 April 2024

Notice of Motion - Lane Cove Cenotaph relocation.

Subject: Notice of Motion - Lane Cove Cenotaph relocation.

Record No: SU26 - 19135/24

Division: Lane Cove Council

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

The Lane Cove Cenotaph is a rectangular altar, made of dark grey granite. On its front face, it is engraved with a gold wreath, which is inscribed across the middle with the words 'Lest we forget'.

The memorial was unveiled on 20 December 1953 by the Governor of NSW, Lieutenant-General Sir John Northcott. It is located at the corner of Longueville Road and Austin Street . This location is next to the Lane Cove Library.

For many years, the ANZAC and Remembrance day services were held on the footpath in front of the Cenotaph.

With Longueville Road temporarily closed, the Returned Service Men and Women would march down Longueville Road and form up in front of the Cenotaph; often having to “compete” with traffic noise to be heard.

The building that is currently the Lane Cove Library was in former years the Lane Cove Council chambers and the main entrance was onto Longueville Road.

Later this building became the Lane Cove Public Library, also with the main entrance on Longueville road. This meant the Cenotaph was a few metres from the building’s main entrance and the Cenotaph was in a visible and well trafficked location.

As part of the Market Square development, Lane Cove Library underwent a major renovation which included a massive extension and a new main entrance which is off Library Walk, the other side of the building to the Cenotaph.

Due to the popularity of the Services, they were initially moved to the Lane Cove Plaza and then to The Canopy, although Remembrance Day remains in the Plaza as it, not being a public holiday, does not attract the same number of attendees as Anzac Day.

To accommodate wreath laying, a temporary Cenotaph is erected in the Plaza or at the foot of the Canopy stage – the wreaths/tributes are subsequently relocated to the Cenotaph, which, as mentioned earlier, is located next to the Library.

The Cenotaph went from a prominent and well trafficked position to a largely unknown and out of the way location.

RECOMMENDATION

That Council: –

1. Work with Lane Cove RSL Sub Branch to identify other possible locations, including the garden bed to the left of the Canopy’s stage, for the Cenotaph which is more prominent than the current location; and

2. that a report be prepared for Council with locations, costs and procedures required to move the Cenotaph.

Councillor David Brooks-Horn

Councillor

Councillor Scott Bennison

Councillor

Councillor Katherine Mort

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 April 2024

Notice of Motion - Ways to deal with unauthorised destruction of trees on private and public property

Subject: Notice of Motion - Ways to deal with unauthorised destruction of trees on private and public property

Record No: SU1099 - 18856/24

Division: Lane Cove Council

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

Executive Summary

A motion that seeks to improve access to information available to the community and increase the consequences for businesses acting illegally in the LGA.

Discussion

The Lane Cove local government area is highly valued for its leafy character so close to the city centre. It is one of the first things that people say when asked what they love about Lane Cove. The maintenance of Urban Tree Canopy and compliance by developers, both residential and commercia, with regards to Councils legislation on approved tree works is vital to maintaining this leafy character. Council has realized the importance of tree canopy and has developed the Council Urban Forest Strategy to reflects this.

Council’s vision is to protect and improve the Urban Forest which is an important and integral part of the urban fabric of Lane Cove.

The Urban Forest Strategy covers land zones in the local government area without bushland (C2). With the removal of bushland, the aerial canopy mapping data analysed to formulate this strategy demonstrates that the LGA has 35.4% in the urban forest.

The focus for this strategy is to promote increasing canopy (and vegetation cover) on private land and ensure, at the very least, no net canopy loss.

Maintaining high standards of liveability is a key concern for cities around the world, as the stresses of population growth and the global climate emergency place increasing strain on resources and infrastructure.

Trees provide a wide range of significant liveability benefits for a city, from health and social outcomes, to improved property values and economic activity. To maximise these benefits, the urban forest must be healthy, diverse, and well-managed. Growing interest in the urban forest in recent decades has stimulated significant research, monitoring and management evaluation. These investigations have demonstrated that extensive, diverse, and healthy urban vegetation is essential for the liveability of a place.

Vegetation, and trees in particular, provide important economic, social, health, environmental and aesthetic benefits for urban areas (McPherson et al. 1994, McPherson et al. 1997, Bowler et al. 2010a, Roy et al. 2012, Keniger 2013). The contribution of trees to ecosystem services is significant. These services include air and water filtration, shade, habitat for animals, oxygen production, carbon sequestration, and nutrient cycling.

The urban forest also connects people with the environment, providing a key cultural and aesthetic role as a human-nature interface.

Unfortunately, many trees in our LGA continue to be lost. This has been highlighted recently, with a mass destruction of nearly 300 trees on council bushland foreshore, and also illegal destruction on private property. This motion seeks to improve access to information available to the community and increase the consequences for businesses acting illegally in our LGA.

RECOMMENDATION

That council staff:-

1. Update the Council website to place the Notices of Impending Approved Tree Works higher up the navigational hierarchy so that our residents have easy access to information of what is and isn’t approved tree removal,

2. Implement an educational program of where this information can be found; and

3. Investigate the legality of banning businesses that have cut down or trimmed trees on public or private property, without proper authorisation, from conducting business in the Lane Cove LGA and if this is possible, maintain a register on the council website of businesses that have incurred fines and been banned.

Councillor Kathy Bryla

Councillor

Councillor Bridget Kennedy

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 April 2024

Notice of Motion - Crisis Fund supporting local families with early childhood education costs

Subject: Notice of Motion - Crisis Fund supporting local families with early childhood education costs

Record No: SU140 - 19139/24

Division: Lane Cove Council

Author(s): Councillor Rochelle Flood

Executive Summary

A motion to commence work on establishing a crisis relief fund to assist local residents/families with children experiencing financial stress, to help them access and maintain enrolment in early childhood education.

Background

Research clearly supports the benefits of early childhood education. Babies are born ready to learn, with around 90 percent of brain development occurring in the first five years of life. The early years are important, as how the brain grows is strongly influenced by what's happening in a child's environment and their interactions with the people around them.

Research shows that children who participate in quality early childhood education programs are more likely to arrive at school equipped with the social, cognitive and emotional skills they need to help them to continue learning. These benefits extend well beyond primary school. Higher levels of educational success, employment and social skills have all been linked to moderate levels of participation in quality early childhood education.

Of particular relevance to this motion is the fact that experts have found that disadvantaged children benefit the most from early childhood education. However, the gap between disadvantaged and least-disadvantaged groups is widening, particularly when it comes to early education targets.

Experts have found that despite the overwhelming benefits, Australian children are still missing out on early education. A report published by the Murdoch Children’s Institute in January 2022 found that almost half of all Australian children enrolled in early childhood education, were not enrolled for the recommended number of hours (15 hours per week recommended) to obtain the full benefit. These numbers are even worse for disadvantaged groups.

The Murdoch Children’s Institute report provided the following figures on disadvantaged groups and their access to the recommended enrolment hours for early childhood education:

· As few as 12% of children from families with a healthcare card are enrolled for the recommended number of hours

· 50% of Children from Aboriginal and Torres Strait Islander backgrounds were enrolled for the recommended hours

· 13-38% of children with a disability

· 19-32% of children from non-English speaking backgrounds

Furthermore, families have expressed concerns that the new subsidies introduced late last year are already being eroded – with high operating costs and limited places driving up fees (Mary Ward, ‘This subsidy released

Discussion

While we have a patchwork of subsidies available to help improve affordability, including several released late last year – it is clear that this is not enough to help those most in need. With early childhood education costs having a significant impact on household budgets, families who face disadvantage risk being left behind if they fall on hard times and are unable to afford enrolment fees for their children. This may be due to health issues, disability, family or domestic violence impacts, sudden job loss or similar factors that erode a family’s ability to pay early childhood education fees.

As outlined above, the impact on children if they do not have access to early education is significant. This will compound with further disadvantage later in life if they do not receive a good start early on. Similarly, for parents looking at maintaining employment, if they are unable to afford the costs of enrolling their children in early education, they may become trapped in a cycle where they find it harder and harder to re-enter the workforce. To this day it is women who often carry the costs in this regard – with the impact felt right through their life and into retirement where the will be left with smaller superannuation balances on which to retire.

While Lane Cove Council cannot fix this problem alone, we could help those most in need in our local community by establishing a crisis fund to provide support to those experiencing difficulties such as those listed above – so they are able to access and maintain enrolment in early education for their children. This aligns with community priority 1.2 – community health and wellbeing. Here, we have several top line strategies which align with this recommendation including – 1.2.2, ‘implement and support programs to meet childcare needs’. Council has a clear role to play here in supporting vulnerable people in our community and ensuring that their children are able to receive a good start in life.

RECOMMENDATION

That Council:-

1. Establish a ‘crisis fund’ to assist local families in accessing and maintaining enrolment in early childhood education facilities; and

2. Establish eligibility criteria and a budget allocation which are to be finalised and brought back to a subsequent Council meeting for approval, though they should seek to address the following:

a) Families/individuals impacted by family and domestic violence;

b) Families/individuals with health issues and/or disabilities that impact their ability to maintain full employment and afford enrolment fees; and

c) Families/individuals experiencing acute financial stress who are temporarily unable to afford fees.

Councillor Rochelle Flood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 April 2024

2024/2025 Draft Budget, Fees and Charges, Delivery Program and Operational Plan, Resourcing Strategy and associated Resource Plans

Subject: 2024/2025 Draft Budget, Fees and Charges, Delivery Program and Operational Plan, Resourcing Strategy and associated Resource Plans

Record No: SU9649 - 12329/24

Division: Corporate and Strategy Division

Author(s): Steven Kludass; Don Johnston

Executive Summary

The Local Government Act 1993 requires Council to adopt its annual Operational Plan and Budget by 30 June, outlining the activities to be undertaken in the next financial year (i.e., from 1 July), as part of a Delivery Program. The Local Government Regulation 2005 requires the Operational Plan and Budget include an annual Revenue Policy.

This report presents a summary of the Draft Delivery Program and the Operational Plan 2024/25, Draft 2024/25 Budget, Draft 2024/25 Schedule of Fees and Charges as part of the Draft Revenue Policy, and the Draft Resourcing Strategy including associated Resource Plans. The budget establishes the anticipated operating result for 2024/25 and provides information on key income and expenditure. This report recommends that the Draft Budget 2024/25, Delivery Program and Operational Plan 2024/25 and Fees and Charges 2024/25 be endorsed for public exhibition purposes.

Background

In October 2009, the NSW Government enacted the Local Government (Planning and Reporting) Amendment Act 2009, which set a new framework to integrate the various statutory planning and reporting processes as required by the Local Government Act 1993.

The Integrated Planning and Reporting framework requires a number of strategic planning and resourcing documents, with alignment to the term of the elected council. The requirements include a long-term Community Strategic Plan, a Delivery Program for the term of the council and an Operational Plan that sets out Council’s recurrent actions (activities) and new initiatives (projects) for the coming 12 months.

Draft 2024/25 Budget

Budget Summary

The Draft 2024/25 Budget (AT-1) has been developed with three principal objectives in mind:

· Maintain existing services and service levels;

· Achieve a balanced budget; and

· Ensure Council’s financial position and performance is sustainable in the long term

The Draft 2024/25 Budget includes the following key results and initiatives:

· The draft operating result for in the 2024/25 financial year is budgeted to be a surplus of $79k (essentially a balanced budget), before capital grants and contributions.

· The Rates and Annual Charges for 2024/25 include a general rate increase of 4.9%, as determined by IPART. It is proposed to levy two (2) Ordinary Rates in 2024/25 in accordance with S.492 and S.497(a) of the Local Government Act.

a. An Ordinary Residential Rate of 0.0007935 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $1,032.95, to yield $24,571,478.

b. An Ordinary Business Rate of 0.515186 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $1,055.14 to yield $6,584,866.

· It is proposed to levy a Car Parking Special Rate on Business premises in Lane Cove of 0.00186981 cents in dollar with a minimum rate of $2 per assessment, to yield $195,814. This revenue will continue to offset the recent investment in carparking now available within the Village (eg The Canopy Car Park).

· Salary and Wages related expenditure totals $23.86m, which includes an estimated Local Government (State) Award increase of 3.5% and other employee related expenses such as Employee Leave Entitlements and Superannuation.

· A full schedule of the user fees and charges proposed for the year is included in the Draft Revenue Policy. The proposed fees have been set in accordance with Council’s pricing policy, which requires consideration of a number of factors including community service obligations, the cost of service provision, whether the goods or services are provided on a commercial basis, and the capacity of the user to pay.

· The Draft 2024/25 Budget provides for the levying of a Domestic Waste Management Charge (under S.496 of the Act) of $560.90 for each 80 litre MGB and recycling service on all rateable and non-rateable residential properties. Charges for DWM services rendered to residential units above business premises, or extra DWM services rendered to other premises, are set out in the Schedule of Fees and Charges for 2024/25.

· It is proposed to levy a stormwater levy of $25 per residential or business property and $12.50 per residential strata unit. The levy is proposed to yield $332,000 and will assist in the funding of stormwater works required throughout the LGA.

· Council continues to support sustainability initiatives utilising funds from the Sustainability Levy. In addition to salaries associated with the coordination of sustainability initiatives, projects for 2024/25 include:

o Bush Friend Casual Supervision

o Dunois Reserve Restoration Project

o Electric BBQ's

o Every Child a Bushland Experience

o Feral Animal Control

o HarbourCare

o Lovetts Reserve Biodiversity Protection Project

o Native Garden/Disability Support Program

o On the Verge

o Powerful Owl Support Program

o Reducing Urban Heat in Lane Cove West

o Rope Access Noxious Weed Control

o Saltmarsh Restoration

o Stormwater Outlets into Bushland Stage 1 - Overview

o Streamwatch, National Waterbug Blitz including Bug Hunt

o Stringybark Creek Erosion Control and Restoration Plan

o TreePlotter - comprehensive tree audit

o Tree Vandalism Banners

o Urban Rewilding: Ecologically and Community Informed Futures Contribution

o Ventemans Reach Contaminated Site - Remediation and Replacement Boardwalk -Stage 2

o Volunteer Bushcare Program

o Warrarron Wetlands Target Weeding

o Ask a Sustainability Expert

o Carbon Neutral Fleet

o Climate Resilience Events

o Electrification Rebates

o Greener Apartments Program

o Meet Your Neighbours events

o Planting Resilience in Lane Cove

o Real Estate and Strata Waste Guide

o Resilient Sydney Membership

o Supporting Solar on Community Facilities

o Sustainability Communication

o Sustainability Events

o Sustainability Lane

o Sustainability Reporting

o Water Quality Testing

o Village Graffiti Reduction Program

o Business Support

o Lane Cove Villages - Public Art Program

o Library LEGO Club

o Love Where You Live - A Playful Lane Cove

o Seed Library

o Showcasing sustainable solutions

o Twelve Beetles of Christmas

o The Canopy nuisance birds and rodents

o Sustainability Contribution to the new Sport and Recreation Facility

Draft Delivery Program including the 2024/25 Operational Plan

The Draft Delivery Program and Operational Plan (AT-2) is Council’s response to the aspirations contained in the Community Strategic Plan, Liveable Lane Cove 2035. The Delivery Program and Operational Plan describes Council’s commitment to the community during its term of office and, like the Community Strategic Plan, is presented in the form of the six Strategic Themes. Within each of the six Strategic Themes, community priorities are identified and include strategies, recurrent actions and new initiatives. Also included in the Draft Delivery Program and Operational Plan is a budget allocated for each of the six strategic themes and Council’s Revenue Policy.

A range of New Initiatives are contained in the Draft Delivery Program and Operational Plan, including:

· Implementation of the Age Friendly Strategy

· Development of a Social Inclusion Strategy

· Development of a Childrens and Families Policy

· Fitout of new childcare space at St Leonards South

· Kindy Cove Child Care Centre Improvements, including new Shade Sails

· Lane Cove Aquatic Centre Energy Efficiency Improvements

· Major upgrade works at Bob Campbell Oval including turf field, amenities and playground

· Continue the construction of a new Sport and Recreation Facility at 180 River Rd, Lane Cove

· Complete the development of a Masterplan for Burns Bay Reserve

· Implement playground equipment upgrades at Leemon Reserve and Stringybark Reserve

· Complete the development of a Masterplan for Stringybark Creek Reserve

· Celebrate Greenwich Library’s 60th Birthday and Lane Cove Library’s 70th Birthday

· Enhance the multimedia studio and develop podcasting facilities that create opportunities for collaboration and lifelong learning

· Develop communications on how to prepare for extreme climate events and emergencies

· Implement Childsafe Standard Policies and practices, including the provision of training

· Implement new utility management software (Trellis) to manage, monitor and report on energy and water use

· Respond to the NSW Government’s proposed Planning Reforms

· Manage the implementation of public domain works at St Leonards South, including the provision of water sensitive urban design principles

· Complete Village Streetscape Improvements along Burns Bay Road Lane Cove

· Implementation of Burns Bay Road Cycleway – Linley Point

· Explore funding opportunities for Shared User Pathways to access the new Sport and Recreation Facility

· Implement Lane Cove North Traffic Management Plan – Centennial Avenue Pedestrian Refuge and Close Elizabeth Parade

· Implement Lane Cove North Speed Reduction Plan

· Upgrade the intersection at Mowbray Road / Centennial Avenue / Greenlands Road to improve traffic flow east bound on Mowbray Road into Centennial Avenue

· Investigate the lane reconfiguration at Greenwich Road and River Road to improve traffic flow

· Undertake design development for Northwood Road Safety Upgrades

· Recognise, develop and celebrate sustainability champions, businesses and among Council staff

· Continue the Sustainability Rebates Program

· Incorporate circular economy principles in Council operations and promote sharing economy platforms in the community to improve resource recovery and reduce waste generations

· Work with local businesses to reduce waste and increase resource recovery

· Upgrade boardwalk and remediate land at Ventemans Reach

· Conduct a LGA wide bush track audit

· Convert the Terrace Function Room into a Multifunction Theatre Space

· Work with the community to promote and expand linkages to indigenous culture

· Support activation of the Village Streetscapes Improvements

· Develop and implement Councillor Induction Program

· Review relevant Council Codes and Policies following the induction of Councillors

· Transition Council’s fleet to Electric Vehicles by 2025 including purchasing up to two additional electric vehicles

· Implement outcomes of internal audits and service delivery reviews

· Review the Procurement Policy (based on OLG Model) ensure it is relevant, compliant and reflects contemporary sustainability standards

· Develop a Digital Engagement Strategy

· Undertake comprehensive review of Community Strategic Plan by engaging with the community and providing feedback on the outcomes/results of the engagement

· Review recruitment and retention strategies

· Introduce a new Leadership Development Program within Council

Resourcing Strategy and Resource Plans

In order to develop a Delivery Program and Operational Plan, Council must consider the resources it has at its disposal. The Resourcing Strategy (AT-3) articulates how three primary resource plans work together to underpin the services we provide to the community. The three primary resource plans are:

1. Long Term Financial Plan (AT-4)

2. Asset Management Plan (AT-5)

3. Workforce Management Plan (AT-6)

Community Consultation

It is a statutory requirement that the Draft Budget 2024/25, Delivery Program and the Operational Plan 2024/25 and Fees and Charges 2024/25, following Council’s initial consideration, be placed on public exhibition for a period of not less than twenty-eight (28) days. Following this, Council must consider any public comments submitted before the Plans can be adopted.

It is proposed to exhibit these documents for a six week period from late April 2024 to early June 2024. A report will be prepared for Council’s consideration at the June 2024 Ordinary Council Meeting advising of the results of the community consultation and recommending final adoption. Until the Delivery Program and Operational Plan (including Budget) is adopted, Council is unable to levy rates and charges for the financial year for which the plan is prepared.

Consultation Statement of Intent

The consultation is designed to provide the community with the opportunity to comment on the proposed actions and initiatives over the next year. Council will consider feedback in determining to adopt the final plans and budget.

The methods of consultation proposed are outlined below.

Methods

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Whole Community	Whole Community
Proposed Medium	Website Exhibition eNewsletter	Written Submissions
Indicative Timing	Late April – Early June 2024	Late April – Early June 2024

RECOMMENDATION

That:-

1. Council adopt, for the purpose of public exhibition, the Draft 2024/24 Budget, Draft 2024/25 Delivery Program and Operational Plan (includes Draft 2024/25 Fees and Charges), and the Draft Resourcing Strategy and associated Resource Plans;

2. Council undertake community consultation from late April 2024 until early June 2024 as per the consultation outlined in the report; and

3. Following public exhibition, the Draft 2024/25 Budget, Draft 2024/25 Delivery Program and Operational Plan (includes Draft 2024/25 Fees and Charges), and the Draft Resourcing Strategy and associated Resource Plans, together with a report on any submissions received, be considered at the Council meeting to be held in June 2024.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Draft 2024-25 Budget
AT‑2 View	Draft 2024-25 Delivery Program and Operational Plan
AT‑3 View	Draft Resourcing Strategy
AT‑4 View	Draft Long Term Financial Plan
AT‑5 View	Draft Asset Management Plan
AT‑6 View	Draft Workforce Management Plan

ATTACHMENT 2

Draft 2024-25 Delivery Program and Operational Plan

Ordinary Council Meeting 18 April 2024

Finalisation of Bob Oval Campbell Upgrade Contract

Subject: Finalisation of Bob Oval Campbell Upgrade Contract

Record No: SU9594 - 19019/24

Division: Open Space and Infrastructure Division

Author(s): Ted Webster; Sebastian Stivala

Executive Summary

This report provides a review of tenders for the appointment of a contractor to carry out the construction of the Bob Campbell Oval upgrade works.

Council called tenders for the construction and installation of the natural turf field and surrounding park infrastructure at Bob Campbell Oval. Council received eight tenders, five were complete and conforming. All tenders exceed the available funds for this project by circa $3M. The project cost includes a substantial cost increase for the amenities building and the inclusion of two playgrounds. Council resolved to not accept any tender and the General Manager be given delegated authority to negotiate with the preferred tenderer, Landscape Solutions P/L to reduce the project costs and modify the design in relation to the amenities building and provision of an off-leash dog facility at the northern end of the reserve in lieu of a playground. Following successful negotiations, Council has successfully negotiated with Landscape Solutions P/L to reduce the construction budget for the project to $4,849,328.

Background

Council at its meeting of 22 February 2024 resolved:-

“That Council:

1. Decline to accept all tender submissions as none of the tenders received were within the project budget for the Bob Campbell Oval upgrade works.

2. Not call fresh tenders as the tender process has identified a suitable field of contractors who can complete the project and the current submissions have been reviewed under a competitive tender process and the preferred proponent is suitably qualified and can demonstrate capacity and capability for the project. Further, opportunities have been identified to reduce the project costs, by revision of the amenities building and modification of the design to provide an off-leash dog facility at the northern end of the reserve in lieu of the proposed playground, and generally through design development.

3. Delegate authority to the General Manager to enter into negotiations with Landscape Solutions P/L as they have been recommended as the preferred tenderer by the Tender Evaluation Panel, with the aim of entering into a contract at a reduced cost and incorporating the changes referred to in 2. above, if agreement is reached. The negotiation process shall finalise the scope, include design development of appropriate value engineering proposals to reduce costs, remove pricing exclusions, finalise the terms of the contract, and confirm program and delivery methodology.

4. Delegate authority to the General Manager to enter into negotiations with, if no suitable outcome is achieved in 3. above, the next two ranked tenderers, and upon reaching an agreement with a preferred tenderer, enter into a contract.

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

6. Notes that a significant amount of damage has been caused to sporting fields by dogs and that there appears to be an increase in wilful disregard of Council rules and regulations relating to dogs and safety, and an aggressive response to Council officers exercising their compliance function.

7. Restates its commitment to its education program around responsible dog management and the responsibility of dog owners to:-

a) obey all signage on or adjacent to sporting fields

b) comply with all directions of Council officers in relation to management of dogs

c) ensure that dogs do not cause damage to the surface of playing fields, and

d) ensure that sporting fields are left in a clean and safe state after accessing them.

8. Note the specifications for, and assessment of, the natural turf component of the tender were developed by Dr Mick Battam of AgEnviro and no guarantee has been provided for the field to support 60 hours of use per week. Further, AgEnviro will be retained throughout the construction to ensure compliance with the specifications, with construction estimated to take 18 months, including the period for turf establishment.”

Discussion

The tender prices of all contractors exceeded Council’s budget for the project. The previous report outlined that there were potential savings to be achieved in the new amenities and storage building (configuration maintained), rationalising the two playgrounds into one all ages playground, and modification of the design to replace the playground at the northern end with an off-leash dog facility.

A series of negotiations have occurred since the Council Meeting which identified additional savings relating to various items, including revised water access stair design and construction methodology, water tank installation behind the amenities building in lieu of inground, and removal of pedestrian access during construction. The size and the configuration of the new amenities building has remained unaltered, and no changes have been made to the specification for the turf field. Minor changes were made to the irrigation system with the concurrence of the turf consultant, AgEnviro.

The outcome of the negotiations with Landscape Solutions P/L resulted in the construction budget being as follows:-

	First Master Plan	Second Master Plan Average of Tenders	Final
Construction Project Budget	$4,704,738	$6,902,329	$4,849,328

Council’s Budget for the project was adjusted at the 2^nd Quarter Review of the 2023/24 Budget. The pricing is now within that budget.

The contractor Landscape Solutions P/L has advised works will commence by the end of April 2024. The program provides for construction throughout the remainder of 2024 and a period to allow turf establishment of the playing field through to late 2025. The contractor will provide a staged release of the other facilities

The approval process for infrastructure projects on Council property is governed by the State Environmental Planning Policy Infrastructure (SEPP). Council has completed the Division 5.1 Assessment process and issued an approval for the works. The revised works undertaken are considered minor and are consistent with the existing approval.

Conclusion

Council has successfully negotiated with Landscape Solutions P/L to reduce the construction budget for the project to $4,849,328. The program provides for construction throughout the remainder of 2024 and a period to allow turf establishment of the playing field through to late 2025. The contractor will provide a staged release of the other facilities as they deem appropriate.

RECOMMENDATION

That Council receive and note the further report on the outcomes of the negotiations.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 April 2024

Children and Families Policy

Subject: Children and Families Policy

Record No: SU140 - 18702/24

Division: Community and Culture Division

Author(s): Stephanie Kelly

Executive Summary

This report responds to a Council resolution to create an Early Childhood Education Policy. It considers the importance of access to education for young children and how Council resources can be effectively deployed to support the best outcomes for local children and families.

It is recommended that a more holistic view of how Council supports children and families in terms of safety, education, engagement, and wellbeing will better capture what is currently offered as well as what should be provided.

The resolution anticipates that this policy will inform how planned facilities for early childhood education at St Leonards might be used and how Council can review services operated from Council facilities across the Local Government Area. As a result of successfully negotiating voluntary planning arrangements in St Leonards, Council will receive two Early Childhood Education Centres. With the first of these centres to be handed over to Council in late-2025, Council must establish the most appropriate management and operating model for these facilities well in advance of this date. The key to determining this is understanding operational risks, costs and the impacts of these decisions on local families seeking places in early childhood education.

This Report recommends that Council undertakes a tender process to contract out operation of the facilities. The key reasons outlined in this report for contracting out are based on Council’s organisation scale, capacity and risk profile. In summary, Council’s relatively small scale, (4th smallest in the Metropolitan area), financial resources and human resources to operate what are complex services, high cost to families being undesirable and the potential risk to maintaining Council’s overall financial sustainability, are best served by the contracting out model.

Background

Early childhood education is the established approach for guiding young children, covering both formal and informal methods to support the development of children from birth to age five in their preschool years. Zero to five years is an essential developmental stage in a child's life. All children and families can benefit from accessing early childhood education services. Investing in the early years is cost-effective in tackling inequality and social and health disadvantage(s) to improve wellbeing in the long term. Supporting parents, families, and caregivers is an important intervention.

Council at its meeting on 21 September 2023 resolved to:

1. Develop an early childhood education policy that identifies why Lane Cove Council is providing early childhood education services, what benefits Council is seeking to confer to the community (e.g. quality of care, affordability and accessibility, better conditions for workers etc.), as well as how Council can best provide early childhood education services in a way that is financially viable and resource-efficient.

2. Facilitate two sessions at the corporate planning weekend in 2024, to discuss:

a) The development of the early childhood education policy for Lane Cove Council. This discussion should seek to identify what Council’s reasons and strategic goals are in offering early childhood education, what the capacity of our LGA is to provide these services and how this can best be achieved, and;

b) The management model for two pending early childhood education facilities in St Leonards South - with the issue to return for determination at a council meeting before June 2024.

3. Prepare a report as each council-owned but privately operated early childhood education facility contract expires or comes up for renewal, evaluating the current operating model and comparing it to a council-run model, using key strategic objectives and metrics which will be included in the Council’s early childhood education policy as the basis for the comparative report.

4. These reports are to be brought to council for consideration before new contracts or lease arrangements are agreed;

5. Council undertakes a review of the rental subsidies available to large not-for-profit entities such as the Kindergarten Union.

The context is a complex and heavily regulated function where all tiers of government administer aspects of the service. The legislative framework for Early Childhood Education is the National Quality Framework and the National Quality Standards, which are directed by the federal government and managed by the state government in NSW.

Lane Cove Council's role in Early Childhood Education is multifaceted. Its role is to facilitate providing care and education services in the local government area. The provision of facilities has been achieved in various ways, including devising planning controls to encourage childcare in new developments such as Waterview Drive Development and St Leonards South, which are currently being developed. Council also provides early childhood education and care in existing properties such as Birrahlee, KU Greenwich and Possums Corner. Through Kindy Cove, Council is an education provider who has developed a strong practice supporting children with special needs. Departments across the Council provide early education opportunities directly through children's library services, playgrounds and recreation facilities, and partnership programs such as the Bushkids and the Toy Library.

The Lane Cove Local Government Area has 30 Early Childhood Education services. 63% are privately operated centres, 33% are Not-for-profit centres, and 5% have direct service provision. Vacancy rates vary throughout the year and in different age bands, with nursery 0-2 being the age group with the least vacancies due to the need for specific facilities and high staffing ratios and 4-5 years with the most vacancy rates due to competition with preschool-only programs. The average cost of long day care in and around Lane Cove is $162/day, and the average cost for preschool is $62 per day. The ACECQA quality ratings in the area are good, with 31% in the Exceeding category and 66% Meeting the standard, and only one new centre (3%) is Working Towards this.

Discussion

In examining the critical challenges in early childhood education and how these can be aligned with Council's priorities and strategic goals for providing education, it was identified that the following six factors should be addressed:

· Council will work with partners to provide affordable, high quality and safe services for all children in Lane Cove

· Council will provide services and infrastructure to support early childhood education

· Council will understand the needs of families and influence the provision of early years' services to meet needs in the context of the opportunities unique to the location and the type of facility

· Early years' services will be financially sustainable and fund asset renewal

· Early years' services will be supported by safe, accessible, contemporary, fit-for-purpose, sustainable facilities and environments.

· Families will have access to the services and information they need, when needed, to make choices appropriate for their needs.

These elements will form the body of research for developing a children and family’s strategy for Lane Cove. However, this plan will also address provisions and support for children and families through to adulthood, linking Council support and services for children more broadly and consolidating approaches to young people.

It will address how Council invests in development through a range of services and policies. It aims to provide a clear direction for Council's efforts to support better outcomes for children and families over the next five years. The goal is to ensure a safe environment where children have access to quality education, care, and opportunities for community involvement, fostering their health and overall development.

Key priorities for a Children and Families Strategy is to ensure that Lane Cove improves programs that:

1. Ensure Child Safety

2. Enable education and care (including the framework for early childhood described above in response to the Council resolution)

3. Encourage engagement and participation in Lane Cove.

4. Support a holistic approach to wellbeing.

The strategy will clearly articulate Council's commitment to providing education, services, and programming to support children and families. Collaboration with the community, other levels of government and service providers is essential to achieve quality outcomes and will be a focus of strategy development. It will also involve a thorough analysis of education and care needs and community engagement to understand and address the needs of children and families. It will help understand resourcing and prioritise areas where Council should lead local initiatives that support the needs of Lane Cove's youngest residents. Funding has been included in the Draft 2024/25 Budget to assist staff with development of the strategy.

St Leonards Management models

As part of the resolution to develop an Early Education Policy for Lane Cove, Council sought to provide a clear direction for the appropriate management model for the two childcare centres being developed as part of the Voluntary Planning Agreements in St Leonards. The six strategic goals proposed for inclusion in the new strategy need to be addressed in any decision alongside the financial viability of any model as directed in the resolution.

There are three approaches Council should consider.

· Option 1: Tender Services to Private Operator

· Option 2: Tender Services to a Not-for-Profit Provider

· Option 3: Council Operated

The three models have been assessed using key determinants of the cost and viability of Early Childhood Education Services as detailed in the Australian Government Productivity Commission 2015 and the priorities in the Council resolution and debate.

A summary table is detailed below.

Option	Contribution to Council	Costs to Council	Risk	Quality average	Benefits for the Child
Private Sector Provider	A private operator provides strong rental returns to Council. Based on valuations for similar sized centres, the return would likely exceed $300,000 per year. Improved sustainability due to adaptability to changes and market forces.	Zero, Revenue of $300,000 p.a. would be received	Low	Meeting	Child experience similar as quality and standards managed by government
Not-for-Profit Provider	The financial contribution paid is less than private/Council operator. Based on valuations for similar sized centres, the return would likely exceed $67,000 per year. Lower rental cost and so more reinvestment in the child. Improved sustainability due to adaptability to changes and market forces.	$267,348 lost opportunity cost	Low	Exceeding	Child experience similar as quality and standards managed by government. Statistically, they are more likely to exceed quality standards in Lane Cove.
Council run services	The cost must be contained to the centre. Rent will be $300,000pa to demonstrate competitive neutrality. Additional administrative burden to Council, estimated at 2 FTE per Centre.	Opportunity cost	Medium	Meeting	Child experience similar as quality and standards managed by government

The cost to Council to provide a direct service Early Childhood Education Centre is higher than the cost of external management. This is primarily due to the need to provide competitive neutrality by charging rent and avoiding any Council subsidy of the service. This would be amplified by the higher staff costs attributable to the Local Government Award which is higher than the Federal childcare award. Council will need to increase the number of staff in the administration to support an expanded Early Childhood Education Service, including a service manager, human resources, accounts staff and other related internal services. The impact of the direct service costs will mean that the fees for families will be significantly higher than the current charges at the long-established service at Kindy Cove. The projected fees will likely be in the upper quadrant of fees charged in the local government area. Although current Government subsidies are high and provide up to eighty percent of fees there are still disincentives and challenges for Council to charge excessively higher fees than the local competition.

Council does not need to provide direct services to deliver benefits to local families. Electing an external provider allows Council to prioritise support through play equipment and programs, specialist education through libraries and bushcare. This strategic alignment ensures that services cater to the needs of all children within the community, not just those enrolled in council-provided care. Financially, this arrangement allows the Council to support a broad program of educational support for all children, enhancing community welfare. External Early Childhood Education providers often have a single focus on early years education, allowing for greater efficiencies and expertise in children’s service provision. Partnering with external providers could elevate quality standards if Council select those specialising in early childhood education and prioritising quality results. Supporting the delivery of early childhood education facilities helps meet the demand for places and equitable access to quality childcare services regardless of who delivers the education, as the National Quality Standards and curriculum mean that the programs across providers are very similar. A private provider offers financial advantages for Council, with funding being returned to general revenue and low asset maintenance costs. Overall, selecting a private provider offers a cost-effective, efficient, and strategic approach to childcare service provision.

The next steps in the process would be for Council to call for tenders for an experienced operator. Given construction is currently underway for one of these centres the tender process should start in the coming financial year to ensure that the centre is opend at the same time as the residential building.

Community Consultation - Children and Families Strategy

Statement of Intent

The consultation is designed to engage Children and Families in the development of the strategy. Any comments received will be reviewed and evaluated to determine key directions and priorities for the new strategy.

Method

Level of Participation	Inform	Engage	Consult
Form of Participation	Open	Targeted	Open
Target Audience	Lane Cove Community and community groups	Key messages designed for: · Children · Young people · Parents, guardians and grandparents · School students · Local educators · Childrens services providers · State Government Stakeholders · Community more broadly	Lane Cove Community
Proposed Medium	Advertisement and eNewsletter	Notification Letters and Brochure / Letterbox Drop / Posters Face to face engagement Workshops	Public Exhibition, Website Exhibition and Survey (if applicable)
Indicative Timing	Timing of consultation will be in the next financial year	Timing of consultation in the next financial year	Timing of consultation in the next financial year

Conclusion

The development of a Children and Families Policy offers an opportunity for Council to take a broader approach to addressing the needs of children and families in the community. By establishing a policy framework specifically focused on children and families, Council can outline its commitment to promoting their well-being and fostering a supportive environment. It will enable a more holistic approach to family engagement to identify and prioritise children and family needs, not just education for children 0-5 years. It will strengthen support for sector improvement through enhanced early learning networking to improve sector partnerships and advocacy.

Council plays a unique role in delivering other educational services, such as library and children's programs; outsourcing new Early Childhood Education Centres to specialist providers can ensure a focus on excellence in early childhood development through quality care, while adding value to programs for children across the local government area.

RECOMMENDATION

That Council:

1. Commence work on a Children and Families Strategy to be presented for adoption in the 2024-25 financial year.

2. Prepare a tender for the operation of the Early Childhood Centre 13-19 Canberra Ave, St Leonards.

3. Receive a report on the outcomes of the tender process at the appropriate time.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 April 2024

Statement of Committment to Child Safety

Subject: Statement of Committment to Child Safety

Record No: SU8773 - 18527/24

Division: Community and Culture Division

Author(s): Stephanie Kelly

Executive Summary

The Statement of Commitment to Child Safety (NSW) responds to Council’s obligation to implement Office of the Children’s Guardian Child Safe Scheme and the NSW Child Safe Standards. It outlines the Council's position to prioritises the safety and wellbeing of children and young people. This Statement will be used as the central principle for our Child Safe Action Plan and the review of all Council’s policies and procedures to improve child safety.

Background

The Children’s Guardian Act 2019 became law in March 2020. This legislation followed the Royal Commission into Institutional Responses into Child Sexual Abuse published in 2017 that recommended the Australian Government establish a mechanism to oversee the development and implementation of a national strategy to prevent child sexual abuse. The Office of the Children’s Guardian Child Safe Scheme has created a series of principles and recommends all child-related organisations in NSW should apply. The NSW Child Safe Standards seek to better prevent and respond to child abuse. Organisations under the Child Safe Scheme must demonstrate their commitment to child safety by having child-safe systems, policies, and processes based on the Child Safe Standards.

All councils are required to have a Child Safe Action Plan which includes the 10 Child Safe Standards. These standards are:

1. Child safety is embedded in organisational leadership, governance, and culture

2. Children participate in decisions affecting them and are taken seriously

3. Families and communities are informed and involved

4. Equity is upheld, and diversity is taken into account

5. People working with children are suitable and supported

6. Processes to respond to complaints of child abuse are child focused

7. Staff are equipped with the knowledge, skills, and awareness to keep children safe through continual education and training

8. Physical and online environments minimize the opportunity for abuse to occur

9. Implementation of the Child Safe Standards is continuously reviewed and improved

10. Policies and procedures document how the organisation is child safe.

Council has recently completed a Child Safe Audit, which identified 71 recommendations based on 10 Child Safe Standards. Out of the 113 audit questions, 85 were achieved, 25 needed some work, and three were there new elements to introduce. These recommendations will form the basis of the Child Safe Action Plan currently being developed. The audit prioritised that Council invest in a program of aligning the leadership of Council with child safe priorities, and that Council needed to produce a Statement of Commitment to Child Safety realised by this report.

Discussion

Council plays a pivotal role in child protection across Lane Cove as service providers through Kindy Cove, Synergy Youth Centre, Library Services, Bushkids, Council event programs and partnerships. Council leads child protection through direct service provision and program delivery to children and young people, acting as a resource for other local services and organisation and being a contact for the community. This is a leadership role, demonstrating the highest standards and commitment to Child Safety is required. This Statement demonstrates Council’s compliance with legislation and regulations to have a statement and allied policies and procedures in place to safeguard children from harm.

The Statement of Commitment to Child Safety outlines the Council's position to prioritises the safety and wellbeing of children and young people. It communicates to all stakeholders, including staff, parents, volunteers, and the community, responsibilities around child protection alongside expectations about behaviour and standards. It seeks to foster trust and confidence among stakeholders that the organisation understands and actively works toward child protection in all areas of operations, risk management and to identify areas for enhancement.

This Statement will be used as the central principle for our Child Safe Action Plan and the review of all Council’s policies and procedures to improve child safety. As the statement is internal to the organisation, community consultation is not required.

Conclusion

Demonstrating the highest standards of commitment to Child Safety is important to demonstrate compliance and encourage trust and confidence among stakeholders. This Statement of Commitment to Child Safety outlines Council's commitment to prioritising children's safety and wellbeing, communicating expectations to stakeholders and serving as a risk management measure. It will guide the development of the Child Safe Action Plan and inform the review of policies and procedures to continually enhance child safety across all Council operations.

RECOMMENDATION

That Council adopt the Statement of Commitment to Child Safety.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

AT‑1 View

Statement of Commitment to Child Safety

2 Pages

Statement of Commitment to Child Safety.

Ordinary Council Meeting 18 April 2024

Bus Industry Submission and Peninsular Study

Subject: Bus Industry Submission and Peninsular Study

Record No: SU1326 - 18532/24

Division: Open Space and Infrastructure Division

Author(s): Sashika Perera

Executive Summary

Council at its December 2023 meeting resolved to write to the Bus Industry Taskforce regarding the impact of late and cancelled services on Lane Cove residents and asking for a local forum in Lane Cove to give local commuters the chance to have their say. In addition, use Council’s website to support a written submission to the Bus Industry Taskforce from Lane Cove Council, advocating for improved local services for residents, and calling for region 7 buses to return to public hands as soon as possible.

Council has made a submission to the Bus Industry Taskforce outlining residents’ concerns regarding the impact of late and cancelled services. The submission also included the recommendation from Council’s Lane Cove Peninsula – Bus Service Improvements Feasibility Study and asked that the NSW Government consider the recommendation and provide comments accordingly.

The submission to NSW Governments Bus Taskforce in included in AT-1 and the Lane Cove Peninsula – Bus Service Improvements Feasibility Study is included in AT-2.

Background

Council at its December 2023 meeting resolved that “Council:

1. Writes to the Bus Industry Taskforce:

a) Noting the impact of late and cancelled services on Lane Cove residents

b) Noting the reliance of Lane Cove residents on buses as their primary mode of public transport

c) Asking the Bus Industry Taskforce to host a local forum in Lane Cove to give local commuters the chance to have their say.

2. Uses the data submitted via Council’s website to support a written submission to the Bus Industry Taskforce from Lane Cove Council, advocating for improved local services for residents, and calling for region 7 buses to return to public hands as soon as possible.”

Discussion

Submission to NSW Governments Bus Taskforce

The NSW Government has created a Bus Industry Taskforce to make recommendations to improve the reliability, quality and effectiveness of bus services across NSW. As part of Taskforce, an opportunity for stakeholders to provide feedback and submissions was available until Sunday, 31 March 2024.

Following Council’s December 2023 resolution, a survey was developed and included on Council's website under the Have your Say section to gain community feedback for input into Council’s submission. Council received no surveys via the ‘Have Your Say’ exhibition however, five submissions from residents were received regarding bus service disruptions following the privatisation of Region 7.

Council has now made a submission to the Bus Industry Taskforce outlining concerns about the declining levels of service for buses serving Lane Cove consistent with Council’s resolution, refer AT-1. The submission also included a proposal for changes to local bus services serving the Lane Cove Peninsulas which was developed by Councils to improve transport connections and is outlined below.

Lane Cove Peninsula – Bus Service Improvements Feasibility Study

The lack of an efficient and frequent bus service connecting Lane Cove Town Centre and the peninsulas of Riverview, Longueville, Northwood and Greenwich has been a long-standing issue. This is particularly constrained by the harbour and its inlets to the south forming these peninsulas which effectively operate as long cul-de-sacs.

This type of geography makes it notoriously difficult to provide attractive, high frequency bus services to these areas as their travel routes are contorted and their travel times are not highly competitive with private vehicles. Furthermore, these peninsulas are low-density areas and hence require good service coverage to minimise ‘walk-up’ access times.

Council engaged Bitzios Consulting to develop an innovative solution for the provision of a frequent and efficient bus service for the peninsulas by:

· Investigating the efficiency of existing bus services to the peninsulas

· Investigating and assessing the feasibility of options to improve service levels and connectivity for residents

· Recommending service delivery and operations options to improve the existing service levels in terms of frequency and connectivity to higher frequency public transport corridors, Lane Cove and the City.

The outcomes of this study will assist Council in developing options for a supplementary bus service and ultimately provide residents in the peninsulas with an alternative to private car use to meet both commuter needs during peak times and community needs during the off-peak.

It must be noted that at the time of the study, Council was considering a roundabout at the River Road/Northwood Road intersection which influenced the route options into the Northwood Penninsula. Since the roundabout is no longer being considered, some proposed route options may need to be re-assessed.

Options Development in consultation with Transport for NSW (TfNSW) and Busways, a total of four options were developed. These include modification to existing services, new services, alternative public transport options and other flexible transport initiatives.

The primary objectives of these options are to improve travel time and provide better connectivity to Lane Cove Town Centre and the rail network at St Leonards.

Option 1 includes changing the alignment of route 261 to run via Greenwich Road and the Pacific Highway to connect to St Leonards Station and the future Crows Nest Metro Station (via Greenwich Road and Pacific Highway) in both directions.

Option 2: New Services to St Leonards Option 2 includes two new routes providing direct access to St Leonards Station as follows:

· Proposed Route 1: St Leonards-Riverview-St Leonards (10.2km, 25 minutes).

· Proposed Route 2: St Leonards-Northwood-Longueville-St Leonards (9.3km, 25 minutes)

· 2 buses required for standard (30 minutes) operation for both routes

· 77,000 additional service km will be added per year.

Option 3: Lane Cove / St Leonards Service Option 3 includes:

· Changing the alignment of route 261 to no longer service Longueville

· Changing route 254 to start and end at the Lane Cove Interchange and no longer service Riverview

· The alignment changes will reduce a total of 142,000 service km per year

· A new service between Riverview, Longueville and Northwood and Lane Cove Town Centre, running as follows: Riverview-Lane Cove-Longueville-Northwood-St Leonards (13km, 45 minutes)

· 3 buses required for standard (30 minutes) operation

· An additional 64,000 service km per year.

Option 4: On-demand Bus Service

Option 4 includes an on-demand bus routes operating between the peninsulas and key hubs including Lane Cove Town Centre, St Leonards and North Sydney as follows:

· Flexible routes depending on the booking

· Changing the alignment of route 261 to no longer service Longueville and Northwood

· Changing routes 253 and 254 to start and end at the Lane Cove Interchange and no longer service Riverview

· The alignment changes will reduce a total of 230,000 service km per year.

Following informal consultation of the above options with TfNSW and Busways, Option 3 above is the preferred option for the following reasons:-

· Would provide additional services along Tambourine Bay Road, to the St Leonards employment and health precinct, and the Sydney rail network

· Can be extended to Artarmon/Chatswood/Crows Nest Metro Stations to access more trains

· Can use smaller-sized buses to reduce operating costs

· Would reduce travel times for Longueville and Northwood passengers going to the City by train

· Would reduce travel times for route 261 Northwood passengers

· Can be partially supported through the 142,000-service km per year reduction

As a separate measure to improve services a preliminary consolidation assessment was undertaken in consultation with TfNSW and Busways of existing bus stop spacings within the four peninsulas. The aim of reducing the number of times buses would potentially have to stop, would result in improved travel times. A total of 90 bus stops were assessed and it was recommended to remove 11 bus stops, consolidating two bus stops and relocating one stop. It was noted that relocating or consolidating bus stops in Riverview and Greenwich is greatly limited due to land constraints, driveways etc., and any significant changes would only occur in Longueville.

Community consultation

Statement of Intent

The consultation is designed to gauge the level of community support for the Lane Cove Peninsula – Bus Service Improvements and the preferred Option 3, to obtain feedback regarding the content as well as to ascertain if any amendments may be relevant. As Option 3, included a proposed Roundabout at Northwood Road, Council will discuss with TfNSW and Busways the impact of the removal of the roundabout on the preferred option and make any necessary amendments to the report. Council will then commence the community consultation.

The consultation will take place for a period of six (6) weeks and any comments received will be reviewed and evaluated to determine whether any revisions are required to the study prior to adoption.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	Advertisement and eNewsletter	Public Exhibition, Website Exhibition and Survey
Indicative Timing	Timing of consultation (June - July 2024)	Timing of consultation (June – July 2024)

Conclusion

Council has made a submission outlining the above as well as the recommendations from the Lane Cove Penninsula - Bus Service Improvements Feasibility Study. The submission to the Bus Industry Task Force is outlined in AT-1 and the Study in AT-2.

Council has developed an innovative bus route option for the Lane Cove Peninsula Bus Services which, subject to minor changes, is suitable for community consultation.

RECOMMENDATION

That Council:-

1. Endorse the submission to the NSW Government’s Bus Industry Taskforce; and

2. Undertake community consultation on the preferred option outlined in the Lane Cove Penninsula Bus Service Improvements Feasibility Study.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

AT‑1 View	Submission to NSW Governments Bus Industry Taskforce	2 Pages
AT‑2 View	Lane Cove Peninsulars - Bus Service Improvements Feasibilty Study	100 Pages

Ordinary Council Meeting 18 April 2024

Code of Meeting Practice - Proposed Amendments

Subject: Code of Meeting Practice - Proposed Amendments

Record No: SU837 - 17269/24

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

The purpose of this report is to provide to Council the draft Code of Meeting Practice with amendments resolved at the February 2024 Extraordinary Meeting of Council and proposed administrative amendments that support the resolution and provide closer alignment to the NSW Office of Local Government (OLG) Model Code of Meeting Practice for Local Councils

Background

The NSW Office of Local Government released a new Model Code of Meeting Practice for Local Councils in NSW on the 29 October 2021, (NSW OLG Circular 21-35) made under section 360 of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulation).

The Model Code of Meeting Practice comprises mandatory and non-mandatory provisions.

At the February 2024 Extraordinary Meeting of Council, it was resolved (Resolution 16), that the proposed Code of Meeting Practices amendments outlined in the report titled ‘Code of Meeting Practice - Proposed Amendments’ be the subject of community consultation.

Discussion

Council has reviewed its current adopted Code of Meeting Practice and has developed a Draft Code of Meeting Practice (2024) (AT-1). Additional changes to those identified in the report to the February Council meeting to provide clarity and flexibility following Council’s recent decision to hold the public forum prior to the Council Meeting per the OLG Model Codes which states” Note: Public forums should not be held as part of a council or committee meeting. Council or committee meetings should be reserved for decision-making by the council or committee of council. Where a public forum is held as part of a council or committee meeting, it must be conducted in accordance with the other requirements of this code relating to the conduct of council and committee meetings.”

In summary, the proposed amendments of the Draft Code of Meeting Practice (2024) are;

Section 4. Public Forums:

· Amendment to Item 4.1 - The current Code of Meeting Practice does not contain a specific provision to allow the Council to determine to have a Public forum prior to or during a Council Meeting. The current Code states “The council may hold a public forum prior to each ordinary meeting of the council for the…” It is proposed to change the clause to “The council may determine by resolution to hold a public forum either prior to or as part of each meeting of the of the council for the…”

· Note under Section 4.1 - The current Code of Meeting Practice states “The general order of business for an ordinary meeting of the council includes a public forum conducted during the meeting.” It is proposed to change the note to “The general order of business for an ordinary meeting of the council includes the agenda sequence if a public forum is conducted during the meeting.”

· Amendment to Item 4.5 – Amendment to the registration time to align with actual current practice, The current Code of Meeting Practice states “To speak at a public forum, a person wishing to address the council during a public forum must register their details with Council by 5:00pm on the day of the Council meeting…”. It is proposed to change the clause to “To speak at a public forum, a person wishing to address the council during a public forum must register their details with Council by 11.59pm of the day prior to the Public Forum …”

· Additional wording to Item 4.8 – “A person cannot speak on a matter they have previously addressed Council on, unless the matter is listed on the Council Agenda”.

Section 7: Modes of Address:

· Additional item included:

“7.5 – Councillors and Council Officers are required to stand and use their microphone when speaking during a Council Meeting”.

Section 8 - Order of Business for Ordinary Council Meetings

· Amendment to Item 8.1 to align to the Model Code – “The general order of business for an ordinary meeting of the Council shall be as outlined below or as otherwise resolved by Council”.

Community Consultation

Statement of Intent

The consultation is designed to inform and consult. Any comments received will be reviewed and evaluated to determine whether to incorporate the amendments and or additional supplementary provisions.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	Website and eNewsletter	Website Exhibition “Have your Say.”
Indicative Timing	Late April to Early June

Conclusion

It is recommended that the Draft Code of Meeting Practice (2024) be adopted for the purpose of community consultation and that a further report be received by Council following the public exhibition period.

RECOMMENDATION

That Council:

1. Adopts, for the purpose of public exhibition, the Draft Code of Meeting Practice (2024) with the ‘proposed amendments’ as outlined in this report;

2. Council undertakes community consultation for a period of six (6) weeks as per the consultation plan outlined in this report; and

3. Following the public exhibition period, the Draft Code of Meeting Practice (2024), together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held on 20 June 2024.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Draft Code of Meeting Practice 2024

55 Pages

Available Electronically

Ordinary Council Meeting 18 April 2024

14 Gay Street - Update

Subject: 14 Gay Street - Update

Record No: SU8218 - 18620/24

Division: Open Space and Infrastructure Division

Author(s): Jeff Culleton

Executive Summary

The property 14 Gay Street was purchased in March 2023 and at the May 2023 Council meeting it was resolved to reclassify the Environmental Protection Zone and an additional 10m Buffer Zone as Community Land within 12 months.

Subsequently, at the October 2023 Council meeting it was resolved to undertake community consultation on three options for the property which included an option that did not include reclassification of the 10m Buffer Zone as Community Land.

Due to a large number of projects on the Open Space and Infrastructure Department’s program, Council will not be in a position to fulfill the 12 month deadline as stipulated in the May 2023 resolution.

This report provides a proposal for when consultation can be completed and Council will be in a position to reclassify the property. It is proposed to report back to the July 2024 Council meeting on the results of the consultation and then undertake the reclassification following this meeting, as per any resolution made by Council.

Background

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

At the May 2023 Council Meeting it was resolved in part to:

“Commit, as a minimum, to in the future (within the next 12 month period from this resolution of council) reclassify the Environmental Protection Area as per the LEP and a further 10 metres (as a minimum) to the North to Community Land for permanent retention and management as bushland;”

Subsequently, Council undertook a number of assessments of the property and reported back to October 2023 Council meeting where it was resolved to:

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

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

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

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

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

3. Include in the consultation material and other information that is relevant to the options detailed above such as indicative boundaries of subdivision, clarity as to whether marked buffer zone is to be on public or private land, and other information that is relevant to the options detailed above.”

After the purchase of the site in March 2023, an independent bush regeneration contractor who was already working the site with the previous occupant was engaged by Council.

The focus of the regeneration was to target woody weeds and encroaching vine weeds on the southern and eastern boundary, providing consistent maintenance. After removing patches of weed infestations in areas indicating high resilience, successful native regeneration has occurred. An array of native species from all stratum layers (groundcovers, understorey, midstorey and canopy) has regenerated, particularly below the dwelling.

During the 2023/24 financial year, Upper Stringybark Reserve bush regeneration contractors assisted in the primary removal of dense Ochna Serrulata thickets using mechanical tools. Since the targeting of ochna, there has been more than 50% reduction of the species with a slow and steady native regeneration rate, indicating low-medium resilience. Contractors are periodically maintaining the edges working towards the dwelling, with continued vine treatment.

Discussion

In the 2023/24 financial year Council’s Open Space and Infrastructure has had a large workload. Below is a list of some of the projects that Council’s Open Space and Infrastructure Department has been working on over past 6 months:

· Bob Campbell Oval Masterplan – Construction

· Blackman Park Skate Park – Construction

· Blackman Park Synthetic Sports Field – Replacement of surface

· Burns Bay Road Streetscape – Improvements

· Pottery Green – Lights Upgrade

· Pottery Green – Amenities Upgrade

· Tantallon Oval – Drainage and Irrigation

· Wildlife Protection Area – Approval

· Tambourine Bay – Revetment Wall Construction

· Burns Bay – Living Seawall Installation

· Ventemans Reach – Remediation and Boardwalk

· Bush Track Audit – Development of Process

· Eastview Street – Gross Pollutant Trap

· Nichols Reserve, Coxs Lane, Woodford Bay Park – Playgrounds

Due to number of projects being undertaken and the limited resources available Council has not been able to progress the development of the three proposals for 14 Gay Street for community consultation.

These works are planned to commence in late April and it is expected that the results of the consultation will be ready for Council consideration at the July 2024 Council meeting.

Once Council has determined its preferred option for 14 Gay Street the bushland area (either a portion of or the entire site) will be classified as Community Land as per Council’s May and October 2023 resolutions.

Conclusion

Due to the large number of projects being undertaken by Council’s Open Space and Infrastructure Department for the 2023/24 Financial Year, Council has been unable to progress the consultation of the three options for 14 Gay Street. This has meant that Council was unable to meet the 12 month deadline as resolved in the May 2023 Council meeting for the reclassification of the rear portion of the lot.

It is proposed to commence development of the consultation material, undertake the consultation and report back to the July 2024 Council meeting on the results of the consultation. The reclassification of the land will be undertaken following this meeting.

RECOMMENDATION

That Council:-

1. Receive and note the report; and

2. consider the future Local Government Act Land Classification of the property at 14 Gay Street at the July 2024 Council Meeting following community consultation.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 18 April 2024

Council Policies Review - Part 4

Subject: Council Policies Review - Part 4

Record No: SU241 - 17166/24

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.

The below policies were reported to Council for re-adoption to the 21 March 2024 Ordinary Council meeting. At that meeting, it was resolved (Resolution No 40), that Council defer consideration of this report, and the Council Policies contained within, to the April Councillor Workshop for further clarification and discussion and then reported back to Council.

· 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.

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 at a Council workshop, that have tracked changes to allow for easy identification of changes.

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) those being:

· Section 4.3, amend “Bushland reserves zoned as Environmental Conservation” to “Bushland reserves zoned as Conservation Zone”,

· Section 4.3, “VETAB” to “Vocational Education and Training Application Board (VETAB)”,

· Section 4.7.4 addition of ii. Must adhere to the closure directives of public areas, including but not limited to wet weather closures and significant renovation projects; and

· Section 4.7.4 ,V. Change of “Work Cover” to “SafeWork NSW”.

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 proposed changes (AT-2) to:

· Section 2, Scope, to apply to all Commercial dog walkers; and

· Section 4.3 Eligibility, increase of public liability from a minimum of $10 Million to $20 Million.

It is recommended that this draft policy go to community consultation.

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 administrative changes (AT-3) those being:

· Section 4.1 , added “In addition, it can act as an element that brings environmental benefit to our community”,

· Section 4.1.1, additional dot point “That Landscaping incorporate were possible Water Sensitive Urban Design (WSUD) measures. WSUD measures slow and clean stormwater before it drains to our waterways”, .

· Section 4.3, “where appropriate” added; and

· Section 4.5.2, the “by way of“ being replaced with ‘”or” and the deletion of “as determined by a Tree Valuation Methodology recommended by the Institute of Landscape Architects”.

It is recommended that this draft policy go to community consultation.

Notification of Development Applications Policy

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 and references to Environmental Planning and Assessment Act (Division 2.5, Division 2.6.and Schedule 1). (AT-4) and renumbering of Section 4 sub sections.

Other administrational to the policy have been:

· Section 1, the deletion of “in council’s opinion” and “detrimentally”,

· Section 2, the deletion of “when Council has formed the opinion that a development application relating to a proposed land use or building may detrimentally affect the enjoyment of the adjoining or nearby land”.

· Section 3, the replace of “Independent Hearing and Assessment Panel (IHAP)” with the “Lane Cove Local Planning Panel (LCLPP)” and the additional of “Sydney North Planning Panel (SNPP)” and its definition

· Section 4.1, the deletion of “Forming an Opinion” completion section”

· Section 4.2, changed to Section 4.1, with administrational changes (as per tracked changes)

· Section 4.4, Additional information in relation to Environmental Planning and Assessment Act 1979, Division 2.6 and Schedule 1 and administrational changes (as per tracked changes)

· Section 4.6, changed to Section 4.5, with administrational changes (as per tracked changes)

· Section 6, addition of the Environmental Planning and Assessment Act 1979

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 an administrative change that being NSW Maritime to Transport for NSW. (AT-5).

Other administrational changes have been the deletion of a paragraph and dot points in Section 4.1.2, as per tracked changes.

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, refer section 4.3 (AT-6).

Statement of Intent

The consultation is designed to ascertain the community’s views on the following policies;

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

· Draft - Landscaping, Street Trees and Tree Preservation Policy

Any comments received will be reviewed and evaluated to determine whether to incorporate any amendments or additional supplementary provisions.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	e-Newsletter	Website Exhibition “Have Your Say”
Indicative Timing	Late April to Early June

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. Policies that have significant changes will undergo community consultation.

RECOMMENDATION

That Council;

1. Council adopts, for the purpose of public exhibition,

1.1. The Draft - Use of Public Open Space by Commercial Dog Walking Businesses Policy and the Draft- Landscaping, Street Trees and Tree Preservation Policy,

1.2. Council undertakes community consultation for a period of six (6) weeks as per the consultation plan outlined in this report; and

1.3. following the public exhibition period, the Draft - Use of Public Open Space by Commercial Dog Walking Businesses Policy and the Draft- Landscaping, Street Trees and Tree Preservation Policy, together with a report on any submissions received and any proposed amendments, be considered at the Ordinary Council meeting to be held 20 June 2024.

· Council adopts the updated policies that have been reviewed with no or minimal administrative changes those being;Draft - Use of Public Spaces by Commercial Fitness Groups and Personal Trainers Policy,

· Draft - Notification of Development Applications,

· Draft -Waterfront Structures Policy; and

· Draft- Car Share Parking Policy

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 18 April 2024

Draft Voluntary Planning Agreement for 524 - 542 Pacific Highway, St Leonards

Subject: Draft Voluntary Planning Agreement for 524 - 542 Pacific Highway, St Leonards

Record No: SU5784 - 17436/24

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

At the September 2023 Meeting, Council considered a report in relation to the Public Benefit Offer for a Voluntary Planning Agreement (VPA) from the developer GFM Investment Group (HOME) of the property 524 – 542 Pacific Highway, St Leonards (Telstra site) and resolved to give notice of its intention to enter into the VPA as outlined in the report.

Pursuant to the decision Council staff have negotiated final terms within the Draft VPA, including timing of payment for the Monetary Contribution prior to issuance of a Construction Certificate (CC) and, securitising performance and management of the Affordable Housing Units (AHU) to ensure that income threshold(s) and the applicable law for rental subsidies are adhered to in the 15-year term.

This report recommends Council enter into a VPA with GFM Investment Group in its capacity as trustee of GFM HOME Trust Subtrust No.2 (HOME).

Background

In August 2022, Council and HOME begun discussion and negotiation for a Voluntary Planning Agreement (VPA) Public Benefit Offer on the basis the development would be assessed and determined by the Department of Planning via the State Significant Development Application process. The applicant is seeking to vary the planning controls for the site by utilising the provision in the St Leonards / Crows Nest 2036 plan, “There may be opportunities for specific sites to accommodate additional density and height where the public benefits proposed to be delivered as part of a development proposal is of exceptional value, beyond what could be secured under a standard practice approach that should be considered within the precinct.“

Council was initially unable to reach agreement on a suitable VPA. Council staff were pursuing the provision and dedication of Affordable / Key Worker Housing, the initial HOME offer was to make a contribution of $1.1M towards the provision of affordable housing.

In May 2023, HOME proposed a VPA that would provide 6 affordable apartments (4 x 1 bedroom and 2 x studio apartments) for a period of 20 years, which in Council staff’s view did not represent “exceptional value” to trigger the provision in the St Leonards and Crows Nest 2036 Plan. This position was supported to DPE.

In August 2023, HOME submitted a revised final VPA offer which included:-

· A monetary contribution to Council of $3.6M towards the provision of local infrastructure;

· The provision of ten (10) affordable housing units (4 x 1 bedroom and 6 x studio apartments), for a term of 15 years. The apartments will be owned and managed by the developer as affordable / key worker housing for the “moderate income household” definition of “affordable housing” in State Environment Planning Policy (Housing) 2021;

· Payment of a s7.11 Contribution to the value of $6.2M prior to the first occupation certificate for the proposed development.

· The proposed VPA will be registered on title of the land.

DPE reviewed the final VPA offer and issued a letter confirming that the department is of the opinion that the offer represents “exceptional value” to trigger the provision in the St Leonards and Crows Nest 2036 Plan.

The HOME offer did not outline when the $3.6M monetary contribution was to be paid and sought to defer payment of the s7.11 contributions to the issue of an occupation certificate. The report highlighted that consistent with Council’s standard practice for s7.11 payments and the timing for payment of the State Government’s new Housing and Productivity Contribution, both payments must be paid before a construction certificate is issued.

Council subsequently resolved at the September 2023 meeting that:-

“1. The report be received and noted;

2. Give notice of its intention to enter into a Voluntary Planning Agreement as outlined in the report with HOME the developer of 524 – 542 Pacific Highway, St Leonards in accordance with the consultation strategy outlined in the report;

3. Undertake the consultation for the VPA at the appropriate time as determined under the State Significant Development Application process;

4. Notes that the re-zoning proposal and State Significant Development Application for the 524-542 Pacific Highway have not been exhibited and that Council has not formally responded to either;

5. Delegate authority to the General Manager to agree minor variations to the VPA offer prior to giving notice of the intention to enter into a Voluntary Planning Agreement; and

6. Following the community consultation, a further report be submitted to Council for determination.

7. Write to the Minister for Planning requesting a meeting with the General Manager and Mayor to discuss changing the policy for the provision of affordable housing from retention for 15 years to permanent retention. Subsequently, a State Significant Development Application and Rezoning Proposal have been exhibited on the DPE website.”

Discussion

Council made a submission (AT-1) on 19 February 2024 to the Department of Planning, Housing and Infrastructure regarding exhibition of the “State Significant Development Application and Re-zoning at 524-542 Pacific Highway, St Leonards (Telstra Exchange)”. In its letter, Council noted that:

1. HOME publicly exhibited its Re-zoning application with a Public Benefit Offer that is NOT as outlined in the DRAFT Voluntary Planning Agreement;

2. In so doing, contravened DPE instructions in a letter addressed to HOME stating “the public benefit offer is required to be resolved by agreement between HOME and Council prior to the re-zoning proposal and State Significant Development Application being publicly exhibited”.

Council further noted, that “in the public exhibition of the planning proposal, the Explanatory Note does not reflect Council’s position by stating that payment is to be made at occupation certificate stage.”

Having regard to the above, Council has subsequently engaged with HOME to seek agreement on the Monetary Contribution payment timing, and agreement to payment at Construction Certificate has now been agreed.

Community Consultation

The State Significant Development Application and Re-zoning at 524-542 Pacific Highway, St Leonards (Telstra Exchange) was publicly exhibited under application reference SSD-35631707 on 30 January 2024 for which the Community were advised and invited to submit responses via Have your say on plans for the St Leonards Telstra exchange site | Planning (nsw.gov.au). A total of twenty-two (22) submissions were received, six of which were Statutory and / or Government Authorities. Council notes the following comments made regarding VPA related matters within SSD-35631707:

1. “A very small portion of the development will house key workers – only 10 apartments which take up a portion of one floor of the building.”

2. “Surely 10 units portion for key workers is too small an amount to allow 272 Build to rent (BTR) apartments be permissible.”

3. “How does the Council or community regulate to demonstrate if this type of housing is being accessed by the correct people, not only in the first place but also in the future?”

4. “As part of any Approval, as well as in the Development Contract, it should also state that these (developer) contributions are to be spent IN THE IMMEDIATE ST LEONARDS AREA.”

5. “I object to this development as I believe I goes far in excess of what was already an overdevelopment of the site under the 2036 plan, and it does not deliver any justification for such exceedances of the 2036 plan. I can see little “public benefit” or “exceptional value” that the Plan says should be evident to justify such exceedances.”

6. “The development only includes 10 “affordable” housing units and that is only for 15 years. After that, the Developer can do what they like with them. Why are these not granted in perpetuity as I have seen in other developments? If you are truly trying to provide low-cost housing, there should be no time limit on it.”

The comments in relation to the scale of the VPA offer are acknowledged. Council staff made a number of attempts to increase the public benefit but was ultimately unsuccessful. As outlined above, ultimately the DPE, now DHEI, reviewed the final VPA offer and issued a letter confirming that the department is of the opinion that the offer represents “exceptional value” to trigger the provision in the St Leonards and Crows Nest 2036 Plan. Council therefore is in the position of either accepting or declining the offer as presented.

Conclusion

The proposed VPA will benefit the community and future residents of the proposed development of the Telstra Exchange site at 524-542 Pacific Highway, St Leonards. The payment of a monetary contribution of $3.6m towards local infrastructure prior to issuance of the first Construction Certificate will ensure that the necessary infrastructure is completed prior to occupation. Further, the provision of Affordable Housing Units supports Council’s previous and future support for key worker housing in the Lane Cove Local Government Area. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement and s7.11 Developer Contributions remain payable at Construction Certificate Stage.

It is therefore recommended that Council proceed with the proposed Voluntary Planning Agreement for the Telstra Exchange site at 524-542 Pacific Highway, St Leonards and its proponent, GFM Investment Group in its capacity as trustee of GFM HOME Trust Subtrust No.2 (HOME).

RECOMMENDATION

That Council:

1. Receive and note the report;

2. Enter into a Voluntary Planning Agreement with GFM Investment Group in its capacity as trustee of GFM HOME Trust Subtrust No.2 (HOME); and

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

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

SSDA and Rezoning Proposal - Council Submission - Telstra Site St Leonards

1 Page

Available Electronically

Ordinary Council Meeting 18 April 2024

Blackman Park Skate Park

Subject: Blackman Park Skate Park

Record No: SU8992 - 18213/24

Division: Open Space and Infrastructure Division

Author(s): Ted Webster

Executive Summary

Council received an update on the Skate Park project at the October 2023 Council meeting where Convic Pty Ltd was recommended as the preferred tenderer for construction.

The skate park construction is now nearing completion. This report provides an update on the project and confirms the date of the official opening of the new skate park, which is scheduled for 24 April 2024.

Background

At the Council meeting in September 2021 Council endorsed the investigation for the expansion of the Skate Park at Blackman Park. Council engaged consultants - Convic to carry out the investigation into upgrading the Skate Park, including drawing up a concept design for community consultation.

The first phase of the project was to carry out community workshops. Two (2) workshops were held on Wednesday 26 October. At the workshops Convic were able to gain an insight into how the community currently use the skate park and what community would like to see in a new skate park.

To help inform what to include in the new design the participants were shown what skate parks are located nearby. They were also shown images of the different skate park elements/styles of skating to choose from: street and plaza, bowl and transition. Consideration was also given to differing skill level, other users (e.g. scooters), themes and identity and other amenities (e.g. bubblers, seating).

Two second-round community workshops were held in February 2023, where participants were asked if they would make any changes to the draft concept. This information was collected via an in-person questionnaire and an online surveys, resulting in feedback from 59 end users and community members. Based on the feedback a number of changes were made, including:-

· Relocation of entry gate to Council stockpile/mulch area - allowing expansion to accommodate a mini ramp

· Addition of street elements

· Addition of a flat bar

· Consideration of shade over the seating area

· Addition of a drinking fountain

· Central spine feature rationalised

· Anti-climb fence proposed to north edge

· Art sculpture added

Subsequently, in April 2023 Council adopted the final concept design and in October 2023 Council accepted the tender from Convic Pty Ltd to construct the new Skate Park.

Discussion

The vision for the completed park is an interesting creative facility made of transition style obstacles that are unique and create flow; including a mini ramp, rationalised central spine, quarter pipe, tight quarter pipe, flat bank hip and mellow bank. Convic Pty Ltd commenced works in mid-January and their proposed schedule had the project due for completion in late April 2024.

The demolition of the old skate park and construction of the new park has progressed on schedule despite minor rain delays.

The civil construction works were completed in March 2024, the landscaping contractor and sculptor are currently progressing their works which are both due for completion by 24 April, 2024.

As school holidays occur at the end of April, Council has organised for the official opening to be undertaken on Wednesday 24 April 2024.

Council has engaged The Totem Collective to assist with the opening. Totem is a specialist skate boarding consultant that provides community programs for skaters. The program for the opening will include skating demonstrations, beginner workshops and mentoring for intermediate skaters.

Below are progress images of the project:

Blackman Park Skate Park signage

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A skate park with a ramp

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Conclusion

The Blackman Park Skate Park will be completed in April within the adopted program and is within the allocated budget. The date of the official opening of the new skate park is scheduled for 24 April 2024. Council has engaged a specialist skating consultant to assist with the opening and they will provide skating demonstrations, beginner workshops and mentoring for intermediate skaters.

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 18 April 2024

Councillor Course Attendance Request - Business Excellence in Local Government

Subject: Councillor Course Attendance Request - Business Excellence in Local Government

Record No: SU2520 - 16932/24

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

Councillor Kathy Bryla has expressed an interest in attending the ‘Business Excellence in Local Government’ course provided by Local Government NSW (LGNSW) on the 23 May 2024.

This report seeks Council’s endorsement for Councillor Bryla to attend this course and determine whether other Councillors might be interested in attending this course provided by LGNSW.

Discussion

This introductory course provides participants with a clear understanding of how Excellence Models are best leveraged to drive continuous improvement and deliver business sustainability.

Business excellence refers to the ability of an organisation to sustain superior performance into the future through the continuous improvement of outcomes delivered to its stakeholders.

The course is designed for individuals and organisations seeking to understand how an Excellence Model can be beneficial.

To promote effective learning, participants will be engaged over four weeks through a learning portal that enables preparation, collaboration and sharing. The facilitator-led sessions will be delivered face-to-face or via a video conferencing interface.

During this course, participants will learn about the history of Business Excellence, the global context, the fundamentals of the Australian Business Excellence Framework, key steps in an Excellence journey and about key benefits realised by organisations that adopted the guidance of the framework.

Expenses

Training Course cost - $693 (incl. GST) per person.

Accommodation: Nil.

Council’s Payment of Expenses and Provision of Facilities to Councillors Policy allows Councillors to attend conferences, training and development and similar functions by Council Resolution or where it is not practical to submit a report to Council prior to the event such requests can be approved by the Mayor and General Manager

The 2023/24 Councillor Training Expenses Budget contains sufficient funds to accommodate the training request of Councillor Bryla and other Councillors should they wish to attend this training. Other Councillors that wish to attend this training, can express their interest at the Council Meeting.

RECOMMENDATION

That Council:

1. Endorse the request by Councillor Bryla to attend the Business Excellence in Local Government course provided by Local Government NSW (LGNSW) on the 23 May 2024; and

2. Nominate any additional Councillors that may wish to attend the above course.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

There are no supporting documents for this report.

AT‑1 View	Agenda - March 2024 Traffic Committee	26 Pages
AT‑2 View	Minutes - March 2024 Traffic Committee	19 Pages

AT‑1 View	Lane Cove Council Snapshot March 2024	45 Pages	Available Electronically
AT‑2 View	Resolution Tracker Report for 18 April 2024 Council Meeting	53 Pages	Available Electronically