Agenda of Ordinary Council - Thursday, 24 October 2024

Ordinary Council Meeting 24 October 2024

Notice of Motion - Lane Cove North Neighbourhood Shops

Subject: Notice of Motion - Lane Cove North Neighbourhood Shops

Record No: SU129 - 65544/24

Division: Lane Cove Council

Author(s): Councillor David Roenfeldt; Councillor Katie Little

Executive Summary

Lane Cove Council recognises that there is a housing crisis to address and will continue to support efforts and work collaboratively with the NSW State Government to increase the supply of new dwellings, particularly affordable and social housing. However, while the construction of new dwellings is a significant part of the solution, increased housing supply must also be balanced with the need for supporting infrastructure and services for existing and future residents.

The rapidly growing population of the Mowbray Precinct in Lane Cove North do not have adequate access to local shops and services, requiring long journeys to other centres to meet their essential daily needs. The precinct is also lacking an identifiable place for the community to meet and socialise outside their homes. This lack of local amenity adds to traffic and demand for parking (both within the area and the Lane Cove village), reduces social interaction, and degrades the liveability of Lane Cove.

A potential site for a neighbourhood centre was identified at 25-29 Mindarie Street in 2021, an appropriate location given its central location within the precinct, its location opposite Mindarie Park, the need to redevelop the aging housing assets on the site, and its ownership by the NSW State Government agency Homes NSW (formerly Land and Housing Corporation). Homes NSW are proposing to redevelop 618-624 Mowbray Road and 25-29 Mindarie Street. The proposal includes 86 apartments, 43 social housing units, 43 affordable housing units, and no commercial spaces.

It is recommended that Council urgently seek to meet with the NSW Housing Minister, Homes NSW, the NSW Department of Planning, Infrastructure and Housing, and Willoughby City Council regarding the need for a neighbourhood centre and seek its inclusion in the proposed redevelopment of 25-29 Mindarie Street Lane Cove North.

Background

The Mowbray Precinct is nearing completion and may soon house over 1,500 dwellings and 2,700 residents (JBA Consulting 2011). The residents of Lane Cove North do not have a neighbourhood centre that provides adequate shops and services to meet their essential daily needs. There are currently two shops on Mowbray Road, a deli and café, which are too small and inadequate to meet the needs of this community. The precinct also lacks an identifiable neighbourhood centre, a place for the community to meet and socialise outside their homes.

In February 2010, the NSW Department of Planning rezoned the Mowbray Precinct for high density residential development. Following concerns raised by Council and the NSW Rural Fire Service a review of the rezoning was undertaken by The Department of Planning and Infrastructure (the Department) and Lane Cove Council (Council) in 2011. This review included a master planning study prepared by JBA consulting (see attachment 2), a traffic study prepared by SMEC Australia, and a strategic review report prepared by the Department and Council (see attachment 1).

The strategic review considered the planning context for the precinct, and highlighted that under the Metropolitan Plan, high density residential development is most appropriate in town centres and larger centres. The report noted the Mowbray Precinct only contains a small lower-order neighbourhood centre, however under the R4 zoning, a new centre may be created, or the existing centre expanded, to provide additional services and amenities to support a higher density precinct (p11). Council and the Department recommended the local neighbourhood centre at the corner of Mowbray Road West and Willandra Street be enlarged to provide an increased range of local retail uses, Section 9.1 (p31).

The Master Planning Study by JBA Consulting recommended the rezoning “reinforce the corner of Mowbray Road West and Willandra Street as a local neighbourhood centre that can provide an increased range of local retail uses” (p37). Figure 1 from the report identifies the property at 658 Mowbray Road West, light blue shaded area, as a potential location for an enlarged neighbourhood centre.

Figure 1 - Recommended Planning Principles for the Study Area (p38)

The JBA report also recommended Section 94 contributions be collected for community facilities, however the details of which facilities would be needed by the community was beyond the scope of the masterplan and deemed the responsibility of Council.

In response to the rezoning review, residents of Lane Cove and Willoughby City Council raised concerns about the need for shops and community facilities within the precinct to support the growing population. Lane Cove Council noted this was a matter of importance for the Section 94 Plan review, and noted these issues had been expressed in previous Council resolutions (Ordinary Council Meeting 16 April 2012).

In 2013 the section 94 Plan was reviewed and adopted by Council on 16 September 2013. However, the updated plan made no provision for the recommended neighbourhood centre and made no reference to the need for additional community services within the Mowbray Precinct.

Since then, as new residents moved into the precinct Councillors heard growing concerns about the lack of local shops and services. In 2021 a potential site for a neighbourhood centre was identified at 25-29 Mindarie Street. This site was considered an appropriate location given its central location within the precinct, its location opposite Mindarie Park, the need to redevelop the aging housing assets on the site, and its ownership by the NSW State Government agency Homes NSW (formerly Land and Housing Corporation). The site at 25-29 Mindarie Street is zoned R4, which allows uses that support a neighbourhood centre, such as neighbourhood shops; restaurants or cafes, and community facilities.

At the Ordinary Council Meeting 21 February 2022, it was resolved that Council:

“1. Write to landowners within the Lane Cove North/Mowbray Precinct area who own land zoned R4 who have not yet lodged a Development Application to ask their level of interest in developing a ‘Neighbourhood Shop’ to support a local convenience store and/or local shops; and

2. A report be provided back to Council on what is required to further the proposal should the owners display interest in progressing the matter.”

In response to the concerns of local residents, the now NSW Housing Minister, The Hon. Rose Jackson, visited the site at 25-29 Mindarie Street on 8 November 2021 and 23 March 2023 and made a commitment to provide shops and services at this site as part of any future redevelopment.

(https://www.facebook.com/watch/?v=576471087778209&rdid)

(https://www.facebook.com/ClrKatieLittle/videos/1280966382327839 )

In August 2024 Homes NSW began a community consultation process for their proposed redevelopment of 618-624 Mowbray Road and 25-29 Mindarie Street. The proposal includes 86 apartments, 43 social housing units, 43 affordable housing units, and no commercial spaces. The proposed development has been identified as a State Significant Development.

In response to the proposed development the community wrote to Homes NSW, with over 250 signatures, expressing a number of concerns about the development, see attachment 3. Residents are concerned they must travel to Lane Cove village, a 10-minute drive or 30-minute walk, to access essential shops and services. The community believes this is unacceptable for a high-density precinct, especially considering the number of high-need social housing tenants proposed for this development. These residents, many who have limited mobility or financial resources, would be particularly disadvantaged by the lack of nearby amenities. The residents unanimously support the development of a small neighbourhood centre. The majority (60%) favour a modest centre with 3 to 5 stores. The most requested amenities include a small grocery store (93%), a pharmacy (76%), a café (60%), health services (60%), and child care.

Lane Cove Council has a responsibility to provide neighbourhood centres to meet the needs of the community. This aligns with the objectives of the Community Strategic Plan and Local Strategic Planning Statement.

The objectives of the Community Strategic Plan include:

5.1 To encourage the community to shop locally p47

1.1 To encourage a sense of belonging and connection within the Lane Cove Community. p19

2.3 To ensure the creation of healthy and liveable neighbourhoods, town centres, and suburbs, which support people to be healthy and well. p29

1.2 To encourage and facilitate active and healthy lifestyles at all life stages. p20

2.4 To encourage active transport options that minimise adverse environmental and social impacts. p30

1.6 To increase feelings of personal safety. p24

1.6 To ensure Lane Cove is a safe place to live and enjoy community life. p24

2.3 To ensure assets and infrastructure cater for increased population growth, are well maintained and support sustainable living across all demographics. p29

The objectives of the Local Strategic Planning Statement include:

Planning Priority 9 - Support shopping precincts to enable local shopping. p48-49

Planning Priority 4 - Facilitate socially connected communities and enhance our cultural identity. p26-27

Planning Priority 6 - Create and renew public spaces and facilities to improve our community’s quality of life p34-37

Planning Priority 7 - Facilitate location of a diverse range of retail, commercial and industrial businesses in Lane Cove. p41

The Lane Cove Local Strategic Planning Statement (2020) recognises five neighbourhood centres within the Lane Cove LGA, these are; Greenwich, Northwood, York’s Corner, Burns Bay Road, and Lane Cove West (p40). Despite the recommendations of the 2011 Precinct Strategic Review, the need for a neighbourhood centre in the Mowbray Precinct was not identified in the Local Strategic Planning Statement.

Upon further discussions with Council staff, the following has been confirmed:

· Only two landowners responded to letters from Council in 2022, and no commitment was made to support the development of a neighbourhood centre on their land.

· Following the Council resolution of February 2022 no further planning or investigation was commenced regarding the development of a neighbourhood centre in the Mowbray Precinct.

· 658 Mowbray Road West is owned by Homes NSW

· 618-624 Mowbray Road West and 25-29 Mindarie Street is owned by Homes NSW

As a matter of urgency Lane Cove Council needs to address the need for shops and services in the Mowbray Precinct, this aligns with;

· The Metropolitan Plan and guidance at the time of the precinct rezoning

· The recommendations of the 2011 Precinct Strategic Review

· The commitment to address these needs in the 2013 Section 94 plan review

· The stated objectives of the Community Strategic Plan and the Local Strategic Planning Statement.

· The issues raised by the community regarding the need for local shops and services and their overwhelming support for a neighbourhood centre at 25-29 Mindarie Street

As the Mowbray precinct nears completion it is essential that a well-planned neighbourhood centre is prioritised for delivery in this term of Council.

RECOMMENDATION

That:-

1. Council commits to the provision of Affordable & Social Housing and acknowledge the lodgement of the State Significant Development Application [SSDA} by Homes NSW for the land in Mindarie Street Lane Cove North,

2. Council write to the Mayor of Willoughby Council requesting a meeting to ascertain their views on the inclusion of commercial spaces in the Mindarie Street Proposal to support the local area;

3. The General Manager write and request an urgent meeting with the Hon. Rose Jackson, NSW Housing Minister and Homes NSW to seek a review into the Mindarie Street proposal for the inclusion of commercial space in the proposed development; and

4. The General Manager include in the next LEP review a study to identify possible sites for neighbourhood shops in the Lane Cove North precinct.

Councillor David Roenfeldt

Councillor

Councillor Katie Little

Councillor

ATTACHMENTS:

AT‑1 View	Mowbray Road Precinct Strategic Review Report, November 2011	36 Pages	Available Electronically
AT‑2 View	Mowbray Road Precinct Lane Cove North - JBA Master Planning Study - December 2011	46 Pages	Available Electronically
AT‑3 View	Community letter to Homes NSW, dated 6 September 2024	2 Pages	Available Electronically

Ordinary Council Meeting 24 October 2024

Notice of Motion - Progression of Expanded Newlands Park Masterplan, including elements such as a Water Play Park

Subject: Notice of Motion - Progression of Expanded Newlands Park Masterplan, including elements such as a Water Play Park

Record No: SU4734 - 65542/24

Division: Lane Cove Council

Author(s): Councillor David Roenfeldt; Councillor Katie Little

Executive Summary

Council in October 2023, and again in November 2023 resolved to partially close Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park and to develop a Masterplan for the upgrade of Newlands Park and to consider the possible widening of Duntroon Avenue to improve the access for two-way traffic. The closure was not to occur until after 1 November 2025 near completion of the adjacent development. The integration of road space into Newlands Park supported Council’s vision to create a high-amenity urban residential precinct near the existing St Leonards Rail and future Crows Nest Sydney Metro Stations, while providing community infrastructure, public open space and pedestrian networks.

Further to this, the St Leonards South facilities Matrix approved in October 2020 as part of the St Leonards South Landscape Master Plan depicted the required and desirable facilities to be included in a park, such as toilets, multipurpose courts and fitness stations which further enhance amenity and social wellbeing. To include all these elements in Newlands Park would require additional open space.

In the absence of any additional space at the Lane Cove Aquatic Centre, it has been suggested that amongst other things, a modest water play park could also be considered as a desirable facility for inclusion into a Newlands Park Masterplan.

This motion seeks to build upon the community/collaborative processes in the creation of the BCO Masterplan and applying a similar, but improved process and structure, including financial constraints in the progression of a Newlands Park Masterplan.

Background

The State Government has committed at least $520M towards infrastructure projects in the 8 Nominated TOD precincts, one of which is the St Leonard’s and Crow’s Nest Precincts.

Council sent a submission dated 30 August 2024 to NSW Department of Planning, Housing and Infrastructure, which stated:-

“The best opportunity for delivery of significant new open space adjacent to the precinct is through the expansion of Newlands Park. Council has resolved to integrate the section of Canberra Avenue between River Road and Duntroon Avenue into Newlands Park which will increase its size from 10,120m² to 14,120m², creating the largest passive open space park in the Local Government Area. Council has identified the need for more active recreation opportunities in the precinct, such as sports courts, water play, off leash dog park and the like which can be accommodated by the expansion of Newlands Park. Lane Cove therefore requests funding to develop and implement a Masterplan for Newlands Park.”

Discussion

One of the criticisms of the St Leonard’s and Crows Nest 2036 plan was an inadequate provision of open space within the precinct. In response Council have completed construction of Wadanggari Park, Friedlander Place, committed to the acquisition of 10 properties in Park and Berry Road’s for a Park as well as an expanded Newlands Park. This suite of open space Parks within the precinct will deliver increased amenity for existing and future residents.

Council is currently engaged in the delivery of many substantial capital projects such as the Sport and Recreation Centre, Bob Campbell Oval, the conversion of the Terrace Function room to name just a few. The capacity for Council to fund further capital projects during the next 18 months is very limited as there is a need for financial restraint. However, during this time, Council should be focusing on the creation of masterplans for the delivery of new infrastructure projects such as an Expanded Newlands Park to be ‘shovel ready’. This could attract funding via grants or otherwise from both the NSW State and Federal Governments.

Conclusion

There is a need for additional amenity to service the growing population in St Leonard’s South. With the partial closure of Canberra Avenue and an expanded Newlands Park, Council should pursue the development of a Newlands Park Masterplan to meet this growing need.

RECOMMENDATION

That Council:

1. Commit to the development and delivery of a Newlands Park Masterplan that incorporates the land from the partial closure of Canberra Avenue;

2. Requests the General Manager to table at the 2025 Corporate Planning Weekend and the February meeting of Council (or as soon as practicable thereafter) a proposed program for the development and delivery of the Newlands Park Master Plan, including but not limited to:-

a. appropriate community consultation;

b. design development;

c. Council endorsement of the Master Plan.

3. Advise the Hon Paul Scully MP, Minister for Planning and Public Spaces, Hon Rose Jackson Minister for Housing that it is Council’s intention to develop a Master Plan for Newlands Park and explore opportunities for financing its implementation

Councillor David Roenfeldt

Councillor

Councillor Katie Little

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 October 2024

Notice of Motion - Affordable Council Run Childcare

Subject: Notice of Motion - Affordable Council Run Childcare

Record No: SU5165 - 65591/24

Division: Lane Cove Council

Author(s): Councillor Rochelle Flood

Executive Summary

A motion to further investigate the capability of Lane Cove Council to use council owned facilities to provide affordable council run childcare.

Background

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

Following this motion, a report came back to council in April 2024, in relation to point 2 a) looking at potential operating models for the two childcare centres council is to receive under voluntary planning agreements from developments in St Leonards South. This report suggested that a key reason preventing council from taking on the management of these facilities, was the principle of competitive neutrality. While general comments and background on competitive neutrality principles were provided, there has been no analysis of the applicability of these principles with regards to the operation of early childhood education centres in Lane Cove.

Discussion

The April report on the operating models for early childhood education centres in St Leonards included the following comment:

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.

However, it is worth noting that while competitive neutrality principles do operate in certain contexts in local government, they only apply to business activities, where the primary purpose is generating income. In their 2022 submission to the IPART review of competitive neutrality principles and the National Competition Policy, Local Government NSW (LGNSW said that:

Councils undertake few activities that would be considered business activities. Few if any are undertaken with the primary purpose of generating income although many operate on a cost recovery process.

Where councils do undertake activities that some may consider to be business activities councils are largely responding to Community Service Obligations, market failure and gaps in service availability, community needs and demands or to support regulatory responsibilities.

Furthermore, LGNSW identifies a number of key principles that underscore the application of competitive neutrality principles within the context of local councils. They refer to the NSW Policy Statement on the Application of National Competition Policy to Local Government. This policy ultimately resisted a prescriptive approach to competitive neutrality in local government, and it includes the following relevant considerations when determining whether a council is constrained by competitive neutrality principles:

· That the Guidelines should be subject to benefit cost analysis – Competitive neutrality actions should only be applied where the net public benefit exceeds cost.

· Recognition that competition policy does not require that all individual businesses compete on an equal footing. Councils and other government agencies will have advantages through size, buying power, specialised expertise assets etc in the same way the private sector will have its own characteristics.

· Stressing that the principle of Competitive Neutrality applies only to the business activities of councils and not to their non-business, non-profit activities.

· Recognition that councils have a number of competitive disadvantages compared to the private sector. This includes limitations on borrowings, reduced flexibility to respond to markets, requirements for additional public accountability, legislative duties and Community Service Obligations.

· Recognition that a business activity will involve the supply of goods and services for a fee or charge but not all activities involving the supply of goods and services would necessarily be classified as business activities.

· Discretion for local councils to make their own determination as to which of their activities are classed as businesses (other than those classified by the Australian Bureau of Statistics (ABS) e.g. water and sewerage.

There are a number of outstanding questions as to whether Lane Cove Council would be constrained by competitive neutrality principles for the operation of childcare centres. The existing principles indicate that there is likely broad discretion here and that there is no prescriptive requirement for us to apply the principle.

When it comes to things like the provision of early childhood education, councils can and should operate as a service provider – not with a primary profit motive, but to ensure the needs of our community are met. We have a large number of local families with young children looking for affordable childcare options. Kindy Cove is currently the only childcare centre both owned and operated by Lane Cove Council, and it is in high demand with affordable fees and quality education for children. We could be doing more in this space, and we should fully investigate what options are available to us in terms of providing this crucial service.

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.

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.

Council can play a part in ensuring vulnerable groups and local low-income families have access to affordable quality early childhood education. In order to do this, we should seek independent advice on the applicability of competitive neutrality principles to the provision of early childhood education in our LGA.

Note from the General Manager

Clause 3.15 of Council’s Code of Meeting Practice states “A notice of motion for the expenditure of funds on works and/or services other than those already provided for in the council’s current adopted operational plan must identify the source of funding for the expenditure that is the subject of the notice of motion. If the notice of motion does not identify a funding source, the general manager must either:

(a) prepare a report on the availability of funds for implementing the motion if adopted for

inclusion in the business papers for the meeting at which the notice of motion is to be

considered by the council, or

(b) by written notice sent to all councillors with the business papers for the meeting for

which the notice of motion has been submitted, defer consideration of the matter by

the council to such a date specified in the notice, pending the preparation of such a

report.”

It is not possible to give an accurate estimate of the cost of the advice. The legal budget for the Community and Culture Division has an allocation of $7,900 for the 2024/25 financial year. At this early stage of the financial year, $7,350 is available. The budget is designed for adhoc advice, and should additional funds be required throughout the remainder of the financial year, additional funds can be voted at a future quarterly budget review.

RECOMMENDATION

That Council:-

1. Seek independent advice on the applicability of competitive neutrality principles to the operation of early childhood education facilities in the Lane Cove LGA, with a view to determining whether we are constrained by this principle, or if we have broader discretion.

2. Provide a report with this independent advice to a council workshop for further discussion on the capability of council to provide affordable childcare facilities for local families.

3. Table the independent advice at a council meeting for consideration.

4. Delay the release of the tender documents for the operation of the Early Childhood Centre at 13-19 Canberra Ave, St Leonards until points 1 - 3 have been completed.

Councillor Rochelle Flood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 October 2024

Notice of Motion - Blackman Park Master Plan

Subject: Notice of Motion - Blackman Park Master Plan

Record No: SU1270-02 - 65865/24

Division: Lane Cove Council

Author(s): Councillor Caleb Taylor

Executive Summary

This motion seeks a review of the Blackman Park Masterplan to identify areas within the park for future enhancement to ensure it meets the current and future needs of our community. The review will include a community consultation process, allowing residents and stakeholders to contribute their insights and suggestions.

Background

Blackman Park is Council’s premier sporting and recreation venue which serves as a key community hub in Lane Cove, fostering connection and engagement through a diverse range of activities, including:

1. Sport – AFL, cricket, soccer, rugby, tennis, basketball, and table tennis.

2. Dog park and play area.

3. Community use – Scouts, martial arts, local events, and meetups.

4. Exercise – walking, running, and fitness trails.

5. Playground for children.

6. Bike and scooter tracks.

7. Bushwalking trails.

8. BBQ and picnic facilities.

There is now limited unutilised space available within the park, however there are several potential projects that have been identified to further improve Blackman Park:-

1. Multipurpose clubhouse: A shared facility for sporting organisations and community events.

2. Ninja Warrior exercise course: An engaging fitness-focused obstacle course for all ages.

3. Pickleball courts: Dedicated spaces for this growing sport.

4. Outdoor exercise equipment: Enhancements to existing public gym equipment to promote outdoor fitness.

5. Upgraded playground: Enhancements to existing play facilities.

6. Bike and scooter track: A dedicated track to improve safety and accessibility.

7. Expanded parking: Increased parking capacity to better accommodate growing park use.

In particular, the multi-purpose amenities/clubhouse has been a vison of the sporting clubs for many years. Attached is a concept which has been developed by the clubs, which utilises the embankment area between the upper and lower fields, with the ability to service all the fields without impacting useable flat areas for the other potential projects.

By undertaking this planning, it will position our community to potentially secure federal funding for park enhancements, with an election due in 2025 and Blackman Park now within the Bennelong electorate.

I urge my fellow councillors to support this motion, allowing us to take full advantage of potential funding opportunities and deliver lasting benefits to Lane Cove.

Note from General Manager

A review of the Blackman Park Masterplan to identify areas within the park for future enhancement can be undertaken by internal staff, without a direct budgetary impact.

RECOMMENDATION

That:-

1. Council undertake a review of the Masterplan to identify areas within the park for future enhancement to ensure it meets the current and future needs of our community; and

2. Seek community consultation to gather input from residents, associations, local sporting groups and other relevant stakeholders on the proposed areas within the park for future improvements, including facilities, activities, and other features for the park.

Councillor Caleb Taylor

Councillor

ATTACHMENTS:

AT‑1 View	Lane Cove Cats Junior AFL Concepts	6 Pages	Available Electronically
AT‑2 View	Letters from Lane Cove Cats, NSFA, and Lane Cove Cricket	3 Pages	Available Electronically
AT‑3 View	Pickleball Proposal	2 Pages	Available Electronically
AT‑4 View	Ninja Warrior Exercise Course Proposal	3 Pages	Available Electronically

Ordinary Council Meeting 24 October 2024

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

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

Record No: SU2620 - 49658/24

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council considered a report at the November 2023 meeting (AT-1) on the proposed sale of a Drainage Reserve between rear-facing properties on Morrice Street and Tambourine Bay Road. Council resolved that:-

“Council defer consideration of this matter and establish a working group that includes relevant staff, Ward Councillors and affected residents to look at how to move forward with the sale of the land and another report is to be presented to Council once an outcome has been determined by the working party.”

A resident forum was subsequently held on 12 March 2024. This report addresses the matters raised and discussed at the forum, outlines the results of the second round of offers for adjoining owners to purchase and reaffirms the original report recommendation, to proceed with a sale process for adjoining owners.

Background

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

Council received an unsolicited offer in July 2021 to purchase a small section of the drainage reserve. Council subsequently invited Expressions of Interest for the section of land behind all properties adjoining the Reserve in August 2021 and received 22 ‘yes’ responses from a total of 30, noting the number of property owners engaged was 46. As part of the EOI documentation, Council estimated the market value of developable land at $4,000m2 against which Council would offer the purchaser a 50% discount to “market” in light of its restricted market and development potential. Costs for the surveying and legal costs were estimated at $5,000 per property in addition to the land purchase price.

Included within the ‘yes’ responses were a number of “competing interest(s)”, whereupon the rear-neighbouring property owner also expressed an interest in acquiring that same part of the drainage reserve. To address this, and other issues a forum was held with property owners, Councillors and staff on 12 March 2024 to identify a way forward.

Discussion

Following the forum a second Expression of Interest process was conducted commencing 26 March 2024 which included the following terms per the in principle agreement reached by the participants at the forum:-

· “Council would write to those residents who had responded YES to purchase and advise if their rear-facing neighbour had an interest in also purchasing the drainage reserve, and;

o provide a “zoomed” image of the subject properties;

o share the name and contact details of the rear-facing neighbour/s;

· Residents should meet to seek to agree a way forward to resolve the contested situation;

· Should an impasse occur in a contested situation (where both adjacent property owners remain committed to purchase the drainage reserve), the parties would have the right to purchase the drainage reserve on a 50/50 split basis and any encroaching structures would be removed at the owners’ cost;

· Formal responses to be submitted to Council with 6 weeks, being by 5pm 7 May 2024.”

In response to the second EOI process the following plan depicts the properties which have agreed to purchase based on Council’s terms.

White: not proceeding and / or no response received;

Blue: not proceeding and abutting a ‘yes’ site;

Yellow: proceeding on Council terms and / or, where relevant a 50/50 split agreed.

The responses to acquire a majority of the Reserve, approximately 70% of the length of the Reserve, all of whom have agreed (in principle) to Council’s offer price of $2,000m2. In circumstances where a ‘yes’ response involves a “contested” parcel of the Reserve, a 50/50 split will proceed per the principle agreed at the Forum.

A number of purchasers have expressed interest in a “payment plan” to assist property owners. Council initially investigated incurring a charge against the property in the Rates system, however this ultimately proved to not be enforceable in the event of default. As an alternative, the purchaser can be offered a 5 year lease of the land from Council, where the lease fee would be equal to splitting the purchase price + interest (5%) into payments to cover the purchase plus costs. Upon expiry of the lease, Council would then transfer the title to the property owner for a notional $1. This option can be provided to purchasers on an opt in basis.

In its November 2023 Report, Council stated it “will obtain a formal valuation prior to making the offer to purchase, the rate will be consistently applied on a per sqm basis.” In recognition of the time taken to finalise this process, Council will only adhere to said valuation should the $ price per sqm be lower than the previously offered $2,000 (discounted at 50% from estimated market value).

Council estimates based on the number of purchasers, survey, legal and associated costs for purchasers to be in the order of $5,200 in addition to the purchase price.

In relation to the white parcels of land depicted in the plan, as Council is the custodian of the public land, the existing property irregularities along the Reserve require Council’s attention, such that at a minimum, boundary lines (including physical fences) must be re-established based on legal ownership.

It is recommended that Council issue a Notice to any of these property owners occupying the Reserve to vacate, including structures and the re-establishment of boundary fences to their rightful location. As an alternate, the property owner will be given the option to enter into a lease with Council to continue their occupancy of the Reserve.

Conclusion

The unused drainage reserve is surplus to Council requirements. As the custodians of public land, Council has the opportunity to regularise use of the land through sale, lease or cessation of use. It is recommended Council proceed with the sale process and other actions as outlined in the report.

RECOMMENDATION

That Council:

1. Receive and note the report;

2. Proceed with sale of the Reserve land with those respondents who have agreed in-principle to Council’s terms at $2,000m2 plus administrative costs;

3. Issue a Notice to any property owner occupying the reserve to vacate including structures and the re-establishment of boundary fences to their rightful location. Alternatively, an owner may enter a lease with Council (lessee shall absorb legal fees) to continue their occupancy of the Reserve; and

4. Delegate Authority to the General Manager to execute all the relevant contractual documentation.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 October 2024

Office of Local Government NSW - Councillor Conduct and Meeting Practices Discussion Paper

Subject: Office of Local Government NSW - Councillor Conduct and Meeting Practices Discussion Paper

Record No: SU837 - 57713/24

Division: Lane Cove Council

Author(s): Stephen Golding

Executive Summary

The Office of Local Government NSW (OLG) released a Circular to Councils,(24-17) on 05 September 2024 seeking a written submission on their Conduct and Meeting Practices Discussion Paper , (AT-1) by 15 November 2025.

The OLG has concerns that the current Councillor conduct framework fails to provide the transparency and community respect necessary for the Councillor role, with closed Council briefing sessions being used to make decisions out of public view, while debates often devolve into personal attacks instead of fostering respectful, constructive discussions focused on the community's best interests.

The OLG seeks feedback from the local government sector on their discussion paper by 15 November 2024.

Background

The OLG considers that effective local government requires Councillors to demonstrate control and transparency in decision-making. They indicate the current framework lacks openness and respect, with decisions often made behind closed doors and debates turning personal rather than focusing on the community's best interests. Further, that the current Councillor conduct framework fails to provide the transparency and community respect necessary for the Councillor role.

The OLG has seen a growth in the number of complaints, often over trivial issues. Data from the Office of Local Government (OLG) has shown there has been 4,289 complaints over the last 3 years (2020/21 to 2022/23) through the code of conduct process.

Overall:

· 420 were referred for preliminary enquiries and then discontinued,

· 136 were investigated as potential pecuniary interest matters,

· 102 were investigated as potential misconduct (not pecuniary interest),

· 36 related to public interest disclosures, and

· 2 related to political donations.

But of these thousands of complaints, in the years since 2020/21 the OLG has only:

· taken action against 14 Councillors by way of a suspension or reprimand;

· referred 4 Councillors to the NSW Civil and Administrative Tribunal (NCAT) for misconduct; and

· disqualified and dismissed one Councillor on the basis of Independent Commission Against Corruption (ICAC) recommendations.

Discussion

Conflicts of Interest and Behaviour

Under the reforms the OLG would be responsible for handling pecuniary and significant non-pecuniary conflicts of interest, with sanctions (suspensions and Penalty Infringement Notices (PINs) being determined by an appropriate tribunal or body.

Behavioral concerns would be addressed by a state-wide panel of experienced Councillors (Privileges Committee), while the Code of Conduct would be aligned with Parliamentary standards to clarify expected behavior. There would be three limbs to this proposed misbehaviour definition being: conduct that is unbecoming of a Councillor; brings Council into disrepute; and/or is assessed as being outside the norms and expectations of a sitting Councillor.

The Privileges Committee process would be paid for by either individual Councillors or their councils, dependent on the outcome. Penalties that could be imposed include censure or warning of the Councillor, where referred following misbehaviour in a Council meeting a potential loss of sitting fees and referral to an appropriate tribunal or body for more serious sanction, including suspension or disallowance.

These changes apply only to Councillors, as the current Code of Conduct for Local Government staff is deemed effective.

The revised Councillor Conduct Framework will be based on the following principles of change: Council leadership and decision making are paramount; freedom of speech is fundamental, transparency and accountability are maintained, issues are dealt with at the most immediate or local level, strong and proportionate local government regulator, justice is timely and proportionate and significant penalties should only be imposed by a judicial or quasi-judicial body.

There is a need for greater clarification around legal representation in the new system and the use of PINs (fines). Under the OLG model payment of Expenses policy, legal costs relating to a Code of Conduct complaint may only be made available where the matter is referred to a conduct reviewer who makes a finding favourable to the Councillor. The review should consider what legal representation or other support Councillors should be entitled to in challenging a PIN or other sanction under the new Code.

Having reviewed the new framework, Council officers generally agree with the proposed changes and will be preparing a submission that broadly supports the proposed reforms. The key advantage of the system is that it removes the current inherent conflict, whereby the general manager and staff of a Council are responsible for processing, investigating and resolving Code of Conduct complaints against Councillors.

Banning of Councillor Briefing Sessions

To promote transparency and address the corruption risks identified by the Independent Commission Against Corruption (ICAC) that can arise from a lack of transparency, the paper proposes that councils will no longer be permitted to hold pre-meeting briefing sessions in the absence of the public.

Whilst Council officers fully support transparency and ensuring that decisions are not made by Council during private briefings, the total banning of briefing sessions is considered an extraordinary measure and unnecessary. The example used in the paper relates to briefings on development applications. Councils in metropolitan Sydney play no role in development applications so the relevance to corruption risk has already been eliminated.

A typical Councillor workshop / briefing involves presentations on the more complex matters relating to upcoming Council agenda items, providing opportunities for staff and Councillors to discuss matters or for Councillors to ask questions. Many issues which a Councillor is required to consider are complex and without the opportunity to have a briefing from staff, a Councillor is forced to develop their understanding entirely from the report to the meeting. At all government levels, politicians (the governing body) receive briefings from the staff (the administrative body) as the staff have the technical knowledge on matters. To remove the opportunity would be a retrograde step to ensuring informed decision making.

The paper also suggests that the Mayor would have the opportunity to have briefings and even have access to more information about a matter. This again is a retrograde step as it is inconsistent with the principle that “information necessary for Councillors to exercise their civic functions is made equally available to all Councillors,” (Pt 8, OLG Model Councillor and Staff Interaction Policy).

Other potential by-products of banning briefing sessions include reduced opportunities for:

· reducing corruption risk, by ensuring there is no differential access to information on a matter;

· reduced efficiency in decision making, by needing to defer matters at Council meetings for further information/questions to be answered in a further report;

· accumulation of knowledge and understanding on subject matters, particularly for new Councillors faced with new complex matters;

· staff to provide frank, honest, apolitical and impartial advice;

· brainstorming sessions and the exchange of ideas, options, and alternatives generally.

While no change to the current process is recommended, if the OLG is insistent on reform, it is recommended as an alternate that the OLG define a limited range of subject matters that should be banned from non-public briefing sessions rather than a blanket ban on all matters.

Restoring dignity to council meetings

The paper proposes a number of changes relating to Council Meetings including:-

· Confer the power on mayors to expel councillors for acts of disorder and to remove the Councillor’s entitlement to receive a fee for the month in which they have been expelled from a meeting.

· Councillors will be required to apologise for an act of disorder at the meeting at which it occurs and, if they fail to comply at that meeting, at each subsequent meeting until they comply. Each failure to apologise becomes an act of misbehaviour and will see the Councillor lose their entitlement to receive their fee for a further month.

· Councillors will also be expected to stand, where able to do so, when addressing Council and when the Mayor enters the chamber

· Expanding the grounds for mayors to expel members of the public from the chamber for acts of disorder and enable the issuing of a PIN where members of the public refuse to leave a meeting after being expelled.

The existing Model Code of Meeting practice provides a process for expulsion from meetings due to disorder. The proposed additional penalty of removing sitting fees should be a matter considered by the proposed Privileges Committee. The issuing of PINS to members of the public who fail to leave a meeting is not considered necessary and, in any event, would be difficult to impose.

Proposed reforms on Lobbying

The paper advises that separately the OLG is developing lobbying guidelines and a model policy on lobbying for councils to adopt that will:

• address how professional lobbyists are identified and the obligations on councils and Councillors if they met a professional lobbyist,

• set out inappropriate behaviours when being lobbied,

• identify steps to be taken to ensure transparency,

• require Council officials to report inappropriate or corrupt lobbying behaviours to the Council’s general manager.

Council at its June 2024 meeting resolved to develop a policy and procedure by which Lane Cove Councillors be required to publicly disclose and keep a record of their meetings with property developers and registered lobbyists on Council’s website, using the City of Sydney policy.

Staff have commenced working on this policy, however in light of the above it would be appropriate the OLG policy integrate both developers and lobbyists into the new policy. This feedback can be provided in the submission. In the interim staff have developed a disclosure form that must be completed prior to any meetings with external parties relating to Council business consistent with the documents required to meet with a State Government Minister for implementation immediately.

Conclusion

This discussion paper has been prepared to seek the views of the community, key stakeholders and the local government sector about the proposed changes. Submissions will be accepted up to close of business Friday 15 November 2024. Staff will prepare and lodge a submission based on the discussion in the report and Council’ resolution.

RECOMMENDATION

That Council endorse the contents of this report for the purposes of preparing a submission on the matter and lodging the submission with the OLG on or before 15 November 2024.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Office of Local Government NSW - Councillor Conduct and Meeting Practices Discussion Paper - September 2024

19 Pages

Available Electronically

Ordinary Council Meeting 24 October 2024

Lane Cove Cenotaph Relocation

Subject: Lane Cove Cenotaph Relocation

Record No: SU26 - 61840/24

Division: Community and Culture Division

Author(s): Diana Marder

Executive Summary

At the April 2024 meeting, Council received a notice of motion in relation to the relocation of the Lane Cove Cenotaph.

This report provides options for Council to consider relocation and information on consultation, potential costs, and next steps.

Background

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 with the words “Lest we forget”. It is located on the corner of Longueville Road and Austin Street next to the Lane Cove Library. Adjoining the Cenotaph is also a small memorial that is associated with the site.

In the past, commemorative services were held on the footpath in front of the Cenotaph. Due to increasing popularity of the services, ANZAC Day services following the Centenary Commemorations, were initially moved to the Lane Cove Plaza and then to The Canopy. Remembrance Day, however, remains in the Plaza as it does not attract the same number of attendees. To accommodate wreath laying, a temporary Cenotaph is erected in the Plaza or at the foot of The Canopy stage. The wreaths and tributes are subsequently relocated to the Cenotaph in its current location by young participants representing local schools and service Groups.

At the April 2024 meeting, Council received a motion in relation to the possible relocation of the Lane Cove Cenotaph and it was resolved that Council:

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

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

3. commence work on this resolution when resource capacity permits.”

Discussion

In response to this resolution, Council officers have identified three potential locations for the Cenotaph and have created photo montages for two of the newly proposed options.

These possibilities are discussed overleaf, and the opportunities and constraints of each location are identified.

1. Current Location

Opportunities

· No cost for relocation

· Located on a flat surface with space at the base for laying wreaths.

· In a location with sufficient space to accommodate the plinths and guard rails

· No damage from potential relocation of the structure. The original construction is unknown and there is a serious risk of damage.

· Space for the adjacent smaller memorial to be accommodated.

· Retains the plinth which adds to the presence of the memorial.

Constraints

· Limited area for gathering especially for the ANZAC Day services.

· Not clearly visible within the space

· At a location that does not have the high pedestrian activity that occurs in Lane Cove Plaza and The Canopy areas

2. The Canopy

Photo montage - in existing garden bed adjacent to stage

Opportunities

· More open space for gathering.

· Closely connected to The Canopy commemorative nd other civic activities with medium pedestrian activity

· Removes the requirement to relocate the wreaths at the end of ANZAC Day Commemoration

Constraints

· Obstructed views from stage/flag poles

· Potentially restrict other entertainment uses as the memorial is close to the performance area and stage.

· Positioned in a corner next to a dominant feature (stage), which will reduce its visual significance.

· Located where children play and risks damage.

· Gather space is not full accessible.

· Part of the gathering space is not useable being a steep grassy slope.

· Difficulties in placing the smaller memorial on this site.

· No sufficient space to accommodate the plinths and guard rails.

· High risk of damage to the Cenotaph from relocation. The original construction is unknown and there is a risk of damage.

3. Lane Cove Plaza

Photo montage – in garden bed on eastern side of Lane Cove Plaza

Opportunities

· Connection to Lane Cove Plaza

· A more clearly visual area with high pedestrian activity

Constraints

· Less gathering space than The Canopy and still requires the wreaths to be transported at the end of the commemoration.

· May conflict with other uses nearby, such as outdoor dining, seating, a bubbler, existing signage, and bike racks.

· No sufficient space to accommodate the plinths and guard rails.

· Difficulties in placing the smaller memorial on this site.

· High risk of damage to the Cenotaph from relocation. The original construction is unknown and there is a risk of damage.

· Extensive services in the garden bed which may cause and issues and additional costs in the relocation program.

As can be seen from the above there are several concerns and constraints with the proposed relocation of this Cenotaph. The main concern would be the high risk of damage to the Cenotaph as the exact form of original construction is unknown. It is also considered that relocating the monument would reduce the presence of the memorial as the plinth would be removed due to locational size constraints and that the surrounding structures and existing features of The Canopy and the Lane Cove Plaza would overwhelm the area.

Community Consultation

Council officers have forwarded these three options to the Lane Cove RSL Subbranch for their comment. They have advised that their preferred option is The Canopy, Option 2 above.

It should also be noted that some liaison has been also conducted with the NSW Office for Veterans Affairs on this relocation. In summary they advise that the relocation of war memorials is a strategy of last resort and not generally advisable. They advise several steps if Council decides to proceed including, consulting with Council’s Heritage Officer, consulting with relevant stakeholders and engaging qualified and experienced consultants and contractors.

Costs

Quotes were requested from three specialised contractors to identify costs to carry out any relocation work.

The project quotes received generally include relocating the Cenotaph, cutting, and lifting, engineering advice, project management, documentation, labour, and some restoration if required.

However, it is difficult to obtain a fixed quote at this stage. The quotes that have been received are unable to provide exact costings due to the unknowns of the project. Examples of unknowns include any patching or restoration required to the memorial from the move, any further conservation works, research into the history of the Cenotaph, investigative works to confirm the construction of the Cenotaph which impacts on the works required, finalisation of the location, the provision of a new footing and any damage that may arise from the relocation.

It should also be noted that there may be additional costs prior to the relocation depending on any approval processes required. There may also be additional works required by Council such as restoration of the area where the existing Cenotaph is located and any new associated landscaping works.

In consideration of the above, it is likely that the cost to Council for the relocation will be approximately $40,000.

There are opportunities to apply for grant funding for this work and Council has proceeded to investigate and apply for a related Australian Government grant for the maximum amount of $10,000. This application is recent and can be withdrawn at any time depending on Council’s decision in this matter.

Procedures and next steps

If Council was to proceed to resolve to relocate the Cenotaph from its current location, there would be a process required which would include the following actions:

· Liaise further with Lane Cove RSL Sub-branch.

· Proceed with any planning requirements. The Cenotaph is a local heritage item under the Lane Cove Local Environmental Plan. Any relocation must be considered under this legislation. The relocation may require a DA or may be able to be carried out under Clause 5.10(3)(a). Advice would need to be sought from Council’s Heritage adviser.

· Quotes would need to be finalised with an appropriate contractor and a contractor engaged for the work.

· Further funding through appropriate grant applications to be pursued.

· Additional restoration works carried out including landscaping and restoration of existing location.

· Notification to NSW War Memorials Register of change of location following on from the finalising of the relocation.

· Identify funding for the project as there is no allocation in the 2024/25 Budget.

Conclusion

Three options for the future location of the Lane Cove Cenotaph are provided. Council is to consider these options in light of the opportunities and constraints of each option and the consultation process, costs and procedures and next steps identified in the report.

RECOMMENDATION

That Council:

1. Receive and note the options detailed in the report about Lane Cove Cenotaph relocation; and

2. Make a decision on the preferred option for the location of the Lane Cove Cenotaph.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 24 October 2024

General Purpose Financial Statements for the year ended 30 June 2024

Subject: General Purpose Financial Statements for the year ended 30 June 2024

Record No: SU9789 - 57411/24

Division: Corporate and Strategy Division

Author(s): Don Johnston

Executive Summary

Following completion of the annual external audit, Council’s annual General Purpose Financial Statements for the year ended 30 June 2024 (financial statements) are presented to Council for adoption and subsequent lodgement with the Office of Local Government by 31 October 2024. It is recommended that Council adopt the financial statements and invite the Audit Office of NSW to attend the next Council meeting in November 2024 to present the Auditor’s Reports.

Background

The audit of the financial statements has been completed by Council’s Auditors, the Audit Office of NSW, noting that the Audit Office now audits Council’s financial statements directly rather than through a delegated contractor. Last financial year Council’s audit was undertaken by Grant Thornton Australia.

The 2024 draft financial statements were presented to the Audit, Risk and Improvement Committee on 1 October 2024. The Committee endorsed the financial statements without modification. An audit clearance meeting was held between the external auditors and Council senior staff on 4 October 2024. No major issues were identified during the course of the audit or at the clearance meeting.

The Auditor’s Reports will be finalised and issued following Council’s adoption of the financial statements and the signing of the ‘Statement by Councillors and Management’. They will be lodged, together with the audited financial statements, with the Office of Local Government by the due date of 31 October 2024.

It should be noted that Section 418 of the Local Government Act 1993, requires that as soon as practicable after a council receives a copy of the Auditor’s Reports:

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

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

Notice will be given via Council’s website of the intention to present the financial statements for the year ended 30 June 2024, together with the Auditor’s Reports, at the 21 November 2024 Council meeting and invite members of the public to make written submissions, should they wish to do so.

Representatives from the Audit Office of NSW will attend the 21 November 2024 meeting to present the Auditor’s Reports and respond to any questions Councillors may have.

Discussion

Financial Result

Council’s overall financial result for the year was an operating surplus of $4.46 million before capital grants and contributions and $28.88 million including capital grants and contributions. Council’s net assets exceed $1.134 billion. The financial result is particularly pleasing given the inflationary pressures that have been brought to bear on Council’s finances over recent financial years and one-off increases in operational expenses during the period, including:

· $2.7M expenditure on State Government assets during construction of Wadanggari Park expensed

· $2.4M book value of assets disposed arising from the commencement of construction of Council’s sports and recreation facility

· $1.4M provision for Little Street remediation

Council has once again performed well against all key performance measure benchmarks. Council recorded an ‘operating performance ratio’ of 3.43% (the benchmark is greater than 0%) meaning it is generating sufficient revenue to cover its operational expenses, including depreciation.

Council also exceeded all other performance measure benchmarks.

Audit Findings

Council is anticipating being issued with an unqualified audit opinion on its financial statements. The audit team have assessed and evaluated a range of key issues and audit risks as part of their audit scope including:

· Revaluation of assets;

· Assessment of the fair value of assets;

· Capital expenditure;

· Information Technology general controls; and

· Cyber security

No significant matters have arisen from those assessments and evaluations.

A copy of the annual General Purpose Financial Statements for the year ended 30 June 2024 is attached at AT-1.

Statement by Councillors and Management

In accordance with Section 413(2)(c) of the Local Government Act, 1993, Council is required to include with the financial statements a ‘Statement by Councillors and Management’ signed under resolution of Council by the Mayor, one other Councillor (generally, the Deputy Mayor), the General Manager and the Responsible Accounting Officer (Chief Financial Officer). The adoption of the financial statements and signing of the Statement will enable the issue of the Auditor’s Reports and allow Council to include them in its financial statements and submit them to the OLG by 31 October 2024.

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

Conclusion

Council’s financial position and performance for the period ending 30 June 2024 is strong. There

are no major audit findings which in turn indicates Council’s internal controls, systems and

processes are robust and working in an effective manner.

RECOMMENDATION

That Council:-

1. Adopt the General Purpose Financial Statements for the year ended 30 June 2024 (AT-1);

2. In accordance with Section 413(2)(c) of the Local Government Act, 1993, authorise the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer to sign the ‘Statement by Councillors and Management’ (AT-2) for the General Purpose Financial Statements and lodge them, together with the Auditor’s Reports, with the Office of Local Government by 31 October 2024;

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

4. Invite the Audit Office of NSW to attend the Council meeting of 21 November 2024 to present the Auditor’s Reports.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Draft Financial Statements for the year ended 30 June 2024		Available Electronically
AT‑2 View	Draft Statement by Councillors and Management - Financial Statements for the year ended 30 June 2024		Available Electronically

Ordinary Council Meeting 24 October 2024

COUNCILLOR REPRESENTATION ON COUNCIL ADVISORY COMMITTEES AND EXTERNAL ORGANISATIONS FOR 2024-25

Subject: Councillor representation on Council Advisory Committees and External Organisations for 2024-25

Record No: SU827 - 49696/24

Division: Corporate and Strategy Division

Author(s): Lorie Parkinson

Executive Summary

Council operates various targeted advisory committees which enable Councillor and community engagement on specific topics on a regular basis. Council also participates in committees facilitated by other organisations that provide forums for Council representatives, local organisations and government agencies, and community members to discuss broader local and regional issues. There are also internal Council committees with Councillor participation.

The purpose of this report is to

· determine Councillor representation on these advisory committees, internal and external committees for the period up to September 2026.

· consider the creation of a new Council advisory committee to address access, inclusion, under-representation and disadvantage, throughout the breadth of the Lane Cove population

· consider changes to the Dog Advisory Committee membership and expand focus

· confirm changes to the Youth Advisory Group and removal of the need for Council endorsement of individual membership

· confirm the next step is to call for expressions of interest (EOI) for community members for the various Council advisory committees.

Discussion

Advisory committees, internal committees, and external committees provide structured opportunities for Councillors, Council officers, members of the community and other stakeholders to come together regularly to discuss and address matters relevant to the objective and functions of each committee. Council’s advisory committees are consultation committees and do not have decision making powers.

Each of these committees are listed below, with a summary of their purpose, representation, and meeting frequency throughout the four year Council term. By resolution of Council, Councillors are members of these committees for two years, through until September 2026, which also reflects the Mayoral term. It should be noted that while specific Councillors will be full members of each advisory committee, all Councillors are able to attend advisory committees as observers.

As previous committees formally dissolved at the end of the last Council term; there is now an opportunity to consider which committees to include for the current four year term.

Staff have identified the opportunity to make some improvements to two of our advisory committees to help improve their intent and effectiveness in aligning with our strategic needs.

After reviewing the Youth Advisory Group structure and feedback from young people, it is being proposed that the membership term change to an annual cycle while also removing the requirement for Council endorsement of members.

It is also being proposed to establish a new Council advisory committee to broaden the scope of the former Age-Friendly and Access and Inclusion Advisory Committees.

With the introduction of new Wildlife Protection Zones and the challenge of protecting native wildlife from cats, Councillors may wish to consider expanding the focus of the previous Dog Advisory Committee.

These suggestions are discussed in more detail in the detail provided for each committee below.

Council’s Advisory Committees

Bicycle Advisory Committee

Council is committed to making cycling safer, easier and more attractive in the local government area, for the purposes of recreation, exercise and sustainable transport.

The Bicycle Advisory Committee provides advice, feedback and recommendations on bicycle paths and facilities, including integration of bicycle planning, and provides input into the development of Council’s strategic Bicycle Plan.

The Committee includes up to seven community representatives with cycling interests; three representatives from local bicycle-related businesses; one Councillor; and appropriate Council staff as determined by the General Manager. This Committee meets quarterly, generally the second Tuesday in February, May, August and November, at 6.00pm in the Civic Centre (unless another suitable time is agreed by members).

Proposed Councillor Representation: One Councillor and one alternate Councillor

Bushland Management Advisory Committee (BMAC)

The BMAC demonstrates Council’s commitment to the urban bushland as an important environmental and community resource and working in partnership with the community for the protection and conservation of local bushland for the long-term benefit of the community. The committee provides advice regarding bushland management strategies and priorities within the Lane Cove area and the implementation of Council’s Plan of Management for Bushland in Lane Cove.

The Committee meets every 6 weeks on a Wednesday evening at the Civic Centre. The Committee includes: four Community Representatives; one Wildlife representative; three members of the Lane Cove Bushland and Conservation Society; one member of an active Bushcare Group; two Councillors; and Council staff as appointed by the General Manager.

Proposed Councillor Representation: Two Councillors and one alternate Councillor.

Community Dog Advisory Committee

This Committee was established to demonstrate Council’s commitment to working collaboratively with stakeholders to ensure that the services, facilities and provisions for dogs and their owners are the best they can be and that they are managed for the long-term benefit for all members of the community. The committee provides advice on the development and implementation of Council’s Dog Strategy, including education and events.

The Community Dog Advisory Committee includes: three dog owners from within the Lane Cove LGA (one from each Council ward); a dog services industry business owner or trainer (such as dog walking or training) that operates in the Lane Cove area; a veterinary professional whose practice is in Lane Cove; one non-dog owner; two Councillors; and Council staff as appointed by the General Manager.

Since the committee already includes membership from pet owners and professionals who may be familiar with domestic cats, Council may wish to include expanding the committee’s membership to include two cat owners (one of which may already fulfil one of the other membership criteria). The committee could consider the committee change its name to Companion Animal Advisory Committee so as to capture the opportunity to discuss matters such as the Wildlife Protection Zones which seek to minimise the impact of cats on our local wildlife.

The current Committee meets quarterly, generally the second Tuesday in February, May, August and November, in the Depot training room, at 6.00pm (unless another suitable time is agreed by members).

Proposed Councillor Representation: Two Councillors and two alternate Councillors.

Lane Cove Festival Committee

The Committee advises and assists Council on the formulation, planning, development, promotion, and implementation of the program of events that are part of the annual Lane Cove Festival.

The Committee includes up to 12 community representatives; up to three Councillors: and appropriate Council staff as determined by the General Manager. Other persons may be invited to participate in the committee (or sub-committees) where specialised skills or knowledge are required. The Committee meets monthly on the third Thursday from February to October in the Civic Centre at 6.00pm (unless another suitable time is agreed by members).

Proposed Councillor Representation: Up to three Councillors.

Public Art Advisory Committee

The Committee provides advice, critique, and comment on the ongoing development, guidance, and implementation of the Council’s Public Art Policy in relation to public art projects valued above $10,000.

The Committee is made up of up to seven community representatives, one Councillor and appropriate Council staff as determined by the General Manager. The committee meets as required.

Proposed Councillor Representation: One Councillor and one alternate Councillor.

Sporting Club Advisory Committee

Council aims to ensure the sporting services and facilities in the local area are the best they can be, and that they are managed for the long-term benefit of all members of the community. This committee has an important role in advising Council on the management and provisioning of sports and recreation facilities, on behalf of the many sports participants, families, and sports associations in Lane Cove. The Committee provides a medium for collaboration between stakeholders, and engagement and feedback on the implementation and review of Council plans, strategies and priorities.

The Sporting Club Advisory Committee includes a representative from each sporting club using Council’s sporting facilities (such as AFL, Netball, Cricket, Rugby League, Rugby Union and Football); one Councillor; and Council staff as appointed by the General Manager. Local school representatives could also be invited to attend relevant meetings.

The Committee meets at least quarterly, on a Wednesday night at the Lane Cove Council Depot meeting room at 6.00pm (unless another suitable time is agreed by members).

Proposed Councillor Representation: one Councillor and one alternate Councillor.

Sustainability Advisory Committee (SAC)

The SAC assists Council to develop, prioritise, and implement strategies and initiatives to achieve sustainable outcomes, as outlined in the Sustainability Action Plan. It also advises on projects to be funded by Council’s sustainability levy, providing recommendations to ensure alignment with sustainability goals and reviewing evaluation outcomes.

The Committee meets approximately every two months on either a Tuesday or Wednesday evening, at 6.00pm in the Civic Centre (unless another suitable time is agreed by members). This includes a longer annual meeting in February, where the Committee reviews the sustainability levy applications.

The SAC includes up to six Lane Cove residents (ideally including a youth representative); two representatives from local businesses with a focus on sustainable business practices and principles; one representative from the Bushland Management Advisory Committee; three Councillors; and appropriate members of staff as determined by the General Manager.

Proposed Councillor Representation: Three Councillors.

Youth Advisory Group (YAG)

After reviewing the YAG structure and feedback from young people, significant changes are being proposed to improve youth engagement and support. These include shifting the membership term from being aligned with the Council term to an annual cycle, recognising the fast-changing circumstances of young people and the potential for members to "age out" of the group. Additionally, removing the requirement for Council endorsement of members would make the process more accessible and responsive to young volunteers.

To ensure Councillors remain aware of the YAG’s activities and programs, all minutes will be made available on Council's website, and updates will be provided through Council’s Snapshot reports. Councillors will also be invited to events and programs run by the Group fostering stronger connections and engagement.

Proposed Councillor Representation: One Councillor and one alternate Councillor.

New advisory committee (name to be determined)

A new committee is proposed to broaden the scope of the former Age-Friendly and Access and Inclusion Advisory Committees. During the last Council term, it was identified that while these two committees provided valuable contributions to council programs such as the Strategy for an Age-Friendly Lane Cove and the Disability Inclusion Action Plan, a number of members were in both committees and maintaining full membership throughout the term was challenging. The committee would consider access, inclusion, under-representation and disadvantage throughout the breadth of the Lane Cove population, staff recommend establishing a new committee.

The new committee will continue to produce these valuable projects, while being better able to serve the entire community and breadth of challenges, key groups in our community face. In addition to the particular needs of seniors and people living with a disability, the new committee will address under-represented people such as new migrants, people from culturally and linguistically diverse backgrounds, and members of the LGBTQIA+ community and people who experience social exclusion due to challenges including poverty, unemployment, family violence, isolation or care giving etc.

This single committee will ensure a more holistic approach to policy making and program development, addressing shared issues such as access to services, loneliness and discrimination, in a unified and efficient manner. Council is developing a new strategy for social inclusion, and the committee will play a key role in providing guidance and supporting the implementation of these programs to ensure their success. It is proposed that the name of this committee will be determined following input from the many varied stakeholders and committee members.

This committee includes up to nine community members with lived experience; up to three representatives from not-for-profit organisations that provide relevant services in the Lane Cove local government area; one Councillor; and appropriate Council staff as determined by the General Manager.

Committee meetings take place every two months, in the Civic Centre on the first Wednesday or Thursday of the month at 6.00pm (unless another suitable time is agreed by members).

Proposed Councillor Representation: One Councillor and one alternate Councillor.

Internal Council Committees

Audit, Risk and Improvement Committee

This Committee provides independent assurance and assistance to Council on risk management, governance, and external accountability responsibilities. This Committee also provides relevant advice with a view to ensuring that there is an adequate and effective system of internal control throughout Council and to assist in the operation and implementation of Internal and External Audit Plans.

There are three independent external persons on the Committee who are voting members. Non-voting members are the General Manager, the Head of Internal Audit, one Councillor and other staff as requested by the General Manager. The Committee meets quarterly at Council, on a Tuesday at 2.00pm

Proposed Councillor Representation: One Councillor and one alternate Councillor.

Council Selection Committee

This Committee considers nominations and provides recommendations to the General Manager for Council's Citizenship Awards, community appointments to Council’s Advisory Committees, and other awards as they arise.

Selection Committee meetings are held as required. All Councillors and the General Manager are members of the Committee.

Proposed Councillor Representation: All Councillors and the General Manager.

Carisbrook Committee

Carisbrook Historic House is the oldest surviving house in its area and was purchased by Council in 1969. Council manages the house and gardens and the Lane Cove Historical Society manage the furnishings, events and displays. The Committee includes Councillors, Council staff and members of the Historical Society.

The Committee meets every six weeks on Wednesdays at 9.30am in the Civic Centre.

Proposed Councillor Representation: One Councillor and an alternate Councillor.

Lane Cove Literary Awards Committee

This Committee was established to organise the Lane Cove Literary Awards competition, a prestigious national writing competition open to Australian writers over 16 years of age. The competition normally opens in May and closes in August, with the awards ceremony in November.

The Committee consists of Councillors, the General Manager (or his representative) and appropriate staff as determined by the General Manager. The Committee meets as required ie. Typically February, May and August during an Award year such as 2025, and less regularly during a publication year such as 2026.

Proposed Councillor Representation: Two Councillors.

Traffic Committee

This technical committee reviews matters regarding traffic control devices and facilities as proposed by Council officers and makes recommendation to Council on these matters.

The committee is made up of representatives from Transport for NSW, NSW Police, Council staff, a Councillor, and a person on behalf of the Lane Cove MP for NSW.

The Traffic Committee meets the third Tuesday in March, May, July, September and November, in the Council Chambers at 10.00am.

Proposed Councillor Representation: One Councillor and an alternate Councillor.

Councillor appointments to External Committees

Centrehouse Inc Management Committee

Centrehouse Inc manages Gallery Lane Cove + Creative Studios, a not-for-profit community arts and learning centre. Centrehouse has been operating in Lane Cove for over 45 years.

The management committee meets every six weeks (in person or remotely if required), and in 2024 this occurred on Wednesday afternoons. The annual schedule will be determined by the committee members at the AGM, which is on Saturday 23 November 2024

Proposed Councillor Representation: One Councillor and an alternate Councillor.

Lane Cove Retirement Units Association Ltd Board

Council purchased this land for the development of units in 1966 and transferred ownership to the Association in 1994, including responsibility for the management of the land, buildings and services. Pottery Gardens provides low cost, self-care accommodation for residents aged 55 plus and not in full time employment. Pottery Gardens is subject to the NSW Retirement Villages Act.es

The Association is a self-funded entity, limited by Guarantee, and not affiliated with any other organisation. The Association is managed by a twelve-member board, including two Councillors. The Board meets six times a year on the third Tuesday of October, December, February, April, June and August, at 6.00pm at Pottery Gardens.

Proposed Councillor Representation: Two Councillors and an alternate Councillor.

Northern Sydney Regional Organisation of Councils (NSROC)

NSROC is comprised of eight councils from the northern Sydney area – Lane Cove, Ryde, Hunters Hill, Hornsby, Willoughby, Ku-ring-gai, North Sydney and Mosman. This is a voluntary group who have joined together to collaborate on projects and shared regional priorities including policy, research, advocacy, professional development of staff, shared service delivery and joint procurement.

The Board of NSROC includes the Mayor and a Councillor from each member council, and it meets quarterly on Thursday evenings. The Mayor’s alternate must be the person acting as Mayor at the time, which is generally the Deputy Mayor.

Proposed Councillor Representation: The Mayor and one Councillor, and two alternate Councillors.

NSW Public Libraries Association

The NSW Public Libraries Association (NSWPLA) is the peak body for public libraries in NSW providing advocacy, and facilitating partnerships, cooperation, and collaboration.

NSWPLA includes Councillors in its executive committee, and this representation provides NSWPLA with a broader political focus, including a strong relationship with Local Government NSW.

Meetings are held in February, May and July, and a statewide Annual Conference in November. Meetings occur throughout the state and are accessible in person and remotely. The Annual Conference includes the Annual General Meeting. The Association next meets in Coffs Harbour on 15 November 2024.

Proposed Councillor Representation: One Councillor and an alternate Councillor.

Shorelink Committee

The Shorelink Library Network was established in 1983, via a Deed of Agreement. The current participating councils are Lane Cove, North Sydney and Mosman. This cooperative model enables the Shorelink libraries to share expertise and services, realise cost savings, and deliver superior customer experiences.

Shorelink is managed by a joint committee of Councillors and Library Managers and operates under Section 355 of the Local Government Act, 1993. The Committee meets twice a year, generally March and November, in the evening. The next meeting is 6 November 2024 at Mosman.

Proposed Councillor Representation: One Councillor and an alternate Councillor.

Hunters Hill, Lane Cove, Parramatta, Ryde Bushfire Management Committee

This Committee was established to meet the requirements of the Rural Fires Act 1997 to minimise the impact of bushfires on the community. It is formed of people with technical expertise, experience and local knowledge who work collaboratively to prepare a works program, including identifying and making recommendations regarding hazard reduction works and education.

Representatives are from, but not limited to, the four Councils, National Parks and Wildlife Service, NSW Police Service, Transport for NSW, Fire & Rescue NSW, and Rural Fire Service. The Committee meets quarterly with Councils and Fire & Rescue NSW hosting meetings.

Proposed Councillor Representation: One Councillor and an alternate Councillor.

Expressions of Interest (EOI) for Community Representatives on Advisory Committees

A call for EOIs for community representatives to participate on the following Council Advisory Committees will occur in November 2024.

· Bicycle Advisory Committee

· Bushland Advisory Committee

· Community Dog Advisory Committee

· Lane Cove Festival Advisory Committee

· Lane Cove Public Art Advisory Committee

· Sporting Club Advisory committee

· Sustainability Advisory Committee

· Youth Advisory Group

· New Advisory Committee (subject to Council endorsement) related to social inclusion

Following the EOI process, Council’s Selection Committee will provide recommendations on community representative appointments to the next Council meeting.

Advisory Committee Charters

To assist understanding of the role and functioning of each Advisory Committee, a template has been prepared to provide consistent Charters for each committee. This template is attached for information (AT-1). Upon adoption of the new template, staff will transition all existing charters to the new template format and they will be made available for the community to provide feedback on the draft during the recruitment of community members. The feedback and charters will then be submitted for readoption by Council at the same time as the community members are selected. It is expected that the earliest new Committees will be able to convene is from March 2025.

RECOMMENDATION

That Council:-

1. determine Councillor representation on these advisory committees, internal committees, and external committees for the period up to September 2026;

2. endorse the creation of the new advisory committee to address social inclusion;

3. confirm whether to proceed with a Dog advisory committee or Companion Animals advisory committee;

4. adopt the template charter to be applied to all Council advisory committees; and

5. call for expressions of interest for community members for the various advisory committees.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Advisory Committee Charter template

Available Electronically

AT‑1 View	Agenda of Traffic Committee - Tuesday, 17 September 2024	29 Pages
AT‑2 View	Minutes of Traffic Committee - Tuesday, 17 September 2024 for Council Meeting	16 Pages

AT‑1 View	Council Snapshot Report August September 2024	55 Pages	Available Electronically
AT‑2 View	Resolution Tracker for 24 October 2024 Council Meeting	17 Pages	Available Electronically