Agenda

Ordinary Council Meeting

21 August 2025, 7:00 PM

Council will commence consideration of

all business paper agenda items at 7.00 pm.

Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 21 August 2025 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

A close up of a face

AI-generated content may be incorrect.

Louise Kerr

General Manager

Council Meeting Procedures

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

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

The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (Wednesday, 20 August 2025) 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 that meetings held in the Council Chambers are webcasted, and recordings are made publicly available on the Council's website. 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 Director - Corporate Services and Strategy on (02) 9911 3550.

Ordinary Council 21 August 2025

TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

ACKNOWLEDGEMENT TO COUNTRY

MINUTE OF SILENCE FOR RELECTION OR PRAYER

NOTICE OF WEBCASTING OF MEETING

public forum

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

CONFIRMATION OF MINUTES

ORDINARY COUNCIL MEETING - 24 JULY 2025

Petitions

1 Petition to retain treescape on the nature strip at 27 Garling Street Lane Cove West........................................................................................ 5

Notices of Motion

2 Notice of Motion - Mayoral and Councillor Taskforce Supporting People Seeking Asylum....................................................................................... 7

Officer Reports for Determination

3 Silver Pond Investments Pty Ltd VPA - Variation to Canberra Avenue Scope of Works and VPA - Progress Update............................................. 9

4 Proposed Voluntary Planning Agreement for 170 Pacific Highway, Greenwich - Updated........................................................................................... 12

5 Delegation of Authority to the General Manager............................ 15

6 General Purpose Financial Statements for the year ended 30 June 2025 - Referral for Audit................................................................................. 19

7 Community Consultation Results - Draft Code of Conduct........... 21

8 Community Consultation Results - Draft Code of Meeting Practice...................................................................................................................................... 23

9 Community Consultation Results - Proposed Changes to 2025/26 Schedule of Fees & Charges.......................................................................... 25

10 Delivery Program and Operational Plan - 2024/25 Fourth Quarter Review........................................................................................................................ 27

11 Review of traffic management concerns in the St Leonards Precinct.................................................................................................................... 31

12 Traffic Committee - July 2025.......................................................................... 35

13 Implementation of a Food Organics Service.......................................... 37

14 Kerbside EV Chargers....................................................................................... 46

15 Tender for the Lease and Operation of the Early Childhood Education and Care Service at 13-19 Canberra Ave, St Leonards 49

16 Community Consultation Results - Draft Events Management Policy...................................................................................................................................... 54

Officer Reports for Information

17 Council Snapshot July 2025............................................................................. 56

Ordinary Council Meeting 21 August 2025

Petition to retain treescape on the nature strip at 27 Garling Street Lane Cove West

Item No: 1

Subject: Petition to retain treescape on the nature strip at 27 Garling Street Lane Cove West

Record No: SU6209 - 51206/25

Division: Open Space and Infrastructure Division

Author(s): Robert Sutton

Executive Summary

Council has received a petition from the resident of 27 Garling Street, Lane Cove West. The petition calls on Council to allow the treescape that has been attached to a street tree in front of 27 Garling Street to be retained. The petition has been signed by approximately 35 persons and in accordance with standard procedures, the petition is reported to Council.

The petition has been submitted to Council in response to Council’s request made on 30 June 2025 to resident of 27 Garling Street to remove the treescape.

Background

Council received a complaint regarding unauthorised treescape that has been attached to a street tree located in front of 27 Garling Street, Lane Cove West. Concerns were raised about the impact the treescape and method of attachment was having on the health and condition of the tree.

Preliminary enquiries established that the resident of 27 Garling Street had installed the treescape on the street tree without permission from Council. A review of the matter by Councils tree officers confirmed that the installation was creating a hazard by obscuring visibility of the main branch union and that the treescape could be causing the spread of decay and that the method of attachment could lead to serious injuries to arborists working on the tree in future, and the premature death of the tree.

Council officers investigated the matter and determined that a resident from 27 Garling Street installed the treescape. On 30 June 2025, the resident of 27 Garling Street was requested to remove the unauthorised treescape from the tree as Council’s arborists had confirmed the retention of the treescape will be detrimental to the long-term retention of the tree.

The hard fixtures have since been removed from the treescape; however, the vegetation remains attached to the street tree.

Subsequently, Council received a petition from the resident of 27 Garling Street. The petition calls Council to allow the treescape to be retained. The petition has been signed by approximately 35 persons and to protect the privacy of the signatories, it has been provided to Councillors as a separate Confidential Memo.

Discussion

The street tree is a Lophostemon confertus – Queensland Brush Box tree that has previously had crown reduction pruning which has resulted in a multi stemmed crown formation. (See Photo - Image 1 in Attachment AT-1)

While the installation of the treescape was carried out in good faith and may appear aesthetically pleasing as suggested by the petitioners, it remains the professional opinion of Councils’ Principal Arborist that the installation of the treescape will be detrimental to the long-term retention of the tree. (See Photos - Images 2 and 3 in Attachment AT-1)

The reason for this is due to the way the treescape obscures visibility of the main branch unions which prevents Council from being able to assess any defects that may be present. The installation of plants creates detritus within the branch unions which in turn provides a moist environment that actively encourages the spread of decay. Further, the tree has been repeatedly wounded by driving nails and screws into it, which creates a pathway for pathogens to enter the woody internal tissues. This too can lead to decay, disease, the unexpected failure of large tree parts and the likely premature death of the tree.

The bricks and chicken wire that were used to brace elements of the hanging garden, would likely be subsumed by reactive woody tissue over time which can greatly increase the chance of chainsaw kickback, which can lead to serious injury or death for an Arborist working on the tree.

Conclusion

Complaints related to the unauthorised installation of treescape on a street tree located in front of 27 Garling Street, Lane Cove West have been investigated.

Following an inspection and assessment, Council’s arborists have confirmed that the treescape, comprising of both hard fixtures and vegetation, poses a risk to the long-term health of the tree. The resident was requested to remove all unauthorised elements. While this request has been partially complied with, a petition has been submitted to Council seeking retention of the vegetation component.

It remains the professional view of Council’s Arborist that the treescape should be removed and it is recommended that Council receive and note the petition.

RECOMMENDATION

That Council receive and note the petition.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

AT‑1 View

Photos - 27 Garling Street Lane Cove West

1 Page

Available Electronically

Ordinary Council Meeting 21 August 2025

Notice of Motion - Mayoral and Councillor Taskforce Supporting People Seeking Asylum

Item No: 2

Subject: Notice of Motion - Mayoral and Councillor Taskforce Supporting People Seeking Asylum

Record No: SU129 - 54901/25

Division: Lane Cove Council

Author(s): Councillor Rochelle Flood

Executive Summary

A motion for Lane Cove Council to join the Mayoral and Councillor Taskforce Supporting People Seeking Asylum.

Background

The Mayor and Councillor task force was established and chaired by Greater Dandenong Council in 2018. It is currently made up of over 40 councils and endorsed by more than 80 community organisations nationwide. The taskforce collaborates across Australian Local Governments and advocates for basic rights and better support for people seeking asylum.

Applications for asylum are stuck in a broken system and in Australia there are close to 8,000 people waiting for their application for protection to be finalised. This includes people who have waited for over ten years. This overly slow approach prevents individuals and families gaining the stability that refugee status provides. The result is vulnerable people living on the edge for years, without access to basic support services such as health care, accommodation, education, crisis support and material aid.

Since its inception, the Taskforce has advocated through targeted meetings with federal government ministers and Members of Parliament, and through a dedicated ‘Back to your Neighbour’ advocacy campaign platform. Collective advocacy efforts have contributed to permanent visas for 20,000 refugees who have been living in the community for a decade.

There are three levels of support available to councils:

1. Supporter Council (no annual fee)

2. General Member Council ($1000 per annum excl GST)

3. Executive Member Council ($4000 per annum excl GST).

Discussion

While privacy around data collection makes it difficult to obtain statistics on the number of people currently seeking asylum within the Lane Cove Local Government Area (LGA), we do know that in 2021, 38.7% of our population was born outside Australia, with people coming here in a variety of ways. Within the broader NSROC region, 42.7% were born overseas.

Lane Cove already has a history of proactively seeking to support and include diverse populations.

In December 2017, a motion by Councillors Brent and Zbik resulted in Lane Cove Council becoming a Refugee Welcome Zone (Resolution 194/2017). Refuge Welcome Zones are Local Government Areas which have made commitments to welcoming refugees, upholding their human rights, demonstrating compassion and enhancing cultural and religious diversity in the community.

The vision for Lane Cove is for a connected, inclusive, and sustainable community. A core part of shaping an inclusive community is to recognise the contributions of people from culturally diverse backgrounds, including refugees and asylum seekers, and to work with those communities to ensure they’re given every opportunity to thrive. We see aspects of this reflected in Lane Cove Council’s ‘Create Lane Cove Cultural Plan’ which recognises the importance of working with and supporting culturally diverse communities.

Lane Cove Council is part of the Lower North Shore Multicultural Network. This network helps combine resources and knowledge to help make sure council has information and service connections available for all people coming into our area. This includes programs for people newly arrived in Australia as well as partnering with the relevant organisations to deliver Refugee Week initiatives which align with Council’s current CSP and DPOP priorities in relation to diversity, inclusion and celebrating multiculturalism.

The Mayoral and Councillor Taskforce Supporting People Seeking Asylum presents another opportunity for us to work towards inclusivity and to offer support to people seeking asylum. It brings together information from councils across Australia and provides a unified voice for engagement with decision makers in State and Federal Parliament, allowing us to better advocate for refugees and asylum seekers within our respective communities.

We know global conflict has increased in recent years, and this conflict is a key driver resulting in people being displaced from their homes and looking to find safety elsewhere. The network of councils involved in the taskforce and the broader ‘Back Your Neighbour’ advocacy initiative are doing important work to support these vulnerable communities. We also know that these diverse communities give much back to our broader society when given the stability they need to thrive.

Joining this taskforce would be a reasonable next step to complement our council’s existing work in this space and it would align with the broader goals and values of our LGA. The current proposal would involve no upfront cost to council. There is no requirement to progress to higher levels of membership. Participation in meetings is voluntary and is designed to offer support to member councils in their work within this space.

RECOMMENDATION

That Council:

1. resolves to become a ‘Supporter Council’ on the Mayoral and Councillor Taskforce (no annual fee);

2. investigates opportunities for advocacy and further initiatives in this space, alongside other taskforce members; and

3. investigates and provides a report back to a future council meeting on the prospect of becoming a General Member Council in the 2026-2027 fiscal year.

Councillor Rochelle Flood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 August 2025

Silver Pond Investments Pty Ltd VPA - Variation to Canberra Avenue Scope of Works and VPA - Progress Update

Item No: 3

Subject: Silver Pond Investments Pty Ltd VPA - Variation to Canberra Avenue Scope of Works and VPA - Progress Update

Record No: SU8525 - 53660/25

Division: General Manager's Unit

Author(s): David Stevens

Executive Summary

To provide Council with an update on actions arising from Resolution 145 carried at the July 2025 Meeting, and in particular part 2 and 3 of the resolution.

Background

At the Ordinary Meeting of Council on 24 July 2025. Council resolved (Resolution 145/2025) the following in relation to a Notice of Motion relating to the closure of Canberra Avenue and associated works under the Voluntary Planning Agreement with Lane Cove Council and Silver Pond Investments Pty Ltd ATF Silver Pond Unit Trust:

145 RESOLVED on the motion of moved by Councillor Southwood and seconded by Councillor Greenwell that Council resolves:

1. that it is the intention of Council:

a) not to close Canberra Avenue from its intersection with River Road to its intersection with Duntroon Avenue and to maintain Canberra Avenue as a two-way road from River Road to Marshall Avenue until the end of one year after the issue of Certificates of Occupancy for all developments on Areas 1, 5, 7, 9 and 11 and, in the event that development consent is granted in the interim for developments of Areas 3 and 2 Marshall Avenue, until the end of one year after the issue of Certificates of Occupancy for Area 3 and 2 Marshall Avenue (the Open Road Period),

b) to include infrastructure to facilitate safe pedestrian access across Canberra Avenue to Newlands Park during the Open Road Period,

c) as soon as practicable, to undertake the works in Newlands Park described in the Voluntary Planning Agreement executed by Council and Silver Pond Investments Pty Ltd ATF Silver Pond Unit Trust (the VPA) as the Canberra Scope of Works (not including the demolition of Canberra Avenue and the removal of the road to its natural subgrade),

d) at the conclusion of the Open Road Period, to commence, for a period of one year, a trial closure of Canberra Avenue from its intersection with River Road to the south of the entrance to the car park in the development on Area 7 (the Proposed Closed Road),

e) at the conclusion of the trial closure of the Proposed Closed Road, to review traffic movements in Canberra Avenue and Duntroon Avenue and other matters relevant to the amenity of the St Leonards South precinct to inform a decision of Council as to the permanent opening or closure of the Proposed Closed Road; and

f) to ensure that any funds derived from the reduction of the Canberra Scope of Works through the deletion of the demolition of Canberra Avenue and the removal of the road to its natural subgrade shall be applied to other works in the St Leonards South Precinct consistent with the St Leonards South Section 7.11 Plan,

2. to delegate authority to the Council’s General Manager to negotiate a variation to the VPA in order to implement the proposal of Council as detailed in 1 (a) to (f) above,

3. that the General Manager provides a report and recommendation to Council for consideration at its August Ordinary Council Meeting on the outcome of the negotiations to vary the VPA; and

4. that any legal advice provided to the General Manager be communicated to Councillors on a confidential basis.

Relevant to this matter is a Voluntary Planning Agreement (VPA) executed under section 7.4 of the Environmental Planning and Assessment Act 1979 on 19 December 2022. This is a legal agreement between Lane Cove Council and Silver Pond Investments Pty Ltd ATF Silver Pond Unit Trust.

The Planning Agreement sets out a schedule of works that the developer will undertake. The works relevant to this report are the works described in the VPA as ‘Canberra Scope of Works’ (the Works) which amongst other things include the closure of part of Canberra Avenue South and an expansion of Newland Park. The ‘Newland Park Expansion’ are a schedule of works outlined in a report prepared by Mitchell Brandtman and contained in Appendix B (Detailed Cost Estimates Report) of the St Leonards South Precinct Section 7.11 Development Contributions Plan dated March 2022.

The Works capture many elements for the Newlands Park Expansion which, is broadly dependent upon the closure of Canberra Avenue. Thus far, public domain design is in its formative stage, however kerb and gutter works have commenced as has the Park Design process that includes engagement of a landscape architect.

Discussion

In accordance with Part 2 of Council resolution 145, the General Manager and relevant staff met with executives from Silver Pond on 2 occasions following the July 2025 Council meeting to discuss the intention of Council as set out in the Council resolution and to understand the extent of design planning work that Silver Pond have engaged and/or completed, including previous discussions regarding the VPA obligations with Council planning and public domain teams.

It is clear from these preliminary discussions that Silver Pond have engaged consultants and commenced design work associated with the ‘Newlands Park Expansion’ scope of works because of the current stage of the construction program for the development.

Information was also received during these discussions that the sale of the new dwellings in the development was well advanced, with approximately 70% of the 316 dwellings having been sold, and that the public domain works associated with the closure of Canberra Avenue and the expansion of Newlands Park were an integral element to the sales marketing campaign.

Given this, Silver Pond have advised Council staff that there are several considerations including financial, legal and contractual that they must take before they will be able to advise Council of their position on commencing negotiations with Lane Cove Council to vary the VPA to give effect to Council’s stated intention of Resolution 145.

Once formal advice has been provided from Silver Pond on their position in relation to a proposed variation to the VPA, a Councillor Workshop will be arranged to discuss the matter further, including any legal advice that has been received from Council and/or Silver Pond.

RECOMMENDATION

That Council receive and note the report.

Louise Kerr

General Manager

General Manager's Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 August 2025

Proposed Voluntary Planning Agreement for 170 Pacific Highway, Greenwich - Updated

Item No: 4

Subject: Proposed Voluntary Planning Agreement for 170 Pacific Highway, Greenwich - Updated

Record No: SU6258 - 55435/25

Division: General Manager's Unit

Author(s): David Stevens

Executive Summary

Council has received an offer to enter into a Voluntary Planning Agreement with Realside 170 Pac Pty Ltd (the Proponent). The offer involves a monetary contribution for ongoing maintenance of Wadanggari Park, St Leonards. The offer would be in addition to any other applicable development contribution payable under S7.11 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

The property the subject to the offer is 170 Pacific Highway, Greenwich (Lot 1, DP716649). A senior’s housing development is proposed at the site.

Senior Council staff have considered the Offer and determined there is a public benefit arising from the Offer, including both financial benefit to Council and broader community benefit arising from the contribution to the maintenance of Wadanggari Park.

A draft Voluntary Planning Agreement has been prepared and is now presented to Council for consideration.

If Council agrees, the draft Planning Agreement and supporting documentation will be publicly exhibited in accordance with statutory requirements (28 days) with the outcomes of the public exhibition reported to Council.

Background

Council has received a Letter of Public Benefit Offer (AT-2) from Keylan on behalf of the Proponent to enter into a Voluntary Planning Agreement (VPA) for the site. The Public Benefit offer relates to DA 65/2025 for the proposed mixed-use development (including Seniors Housing) at the site, comprising:

· Partial demolition and adaptive reuse of the existing five (5) storey commercial building and basement;

· Construction of five (5) additional stories (totalling 10) which will accommodate 48 Independent Living Units (ILU’s) and rooftop communal space;

· Ground floor residential amenities including a pool and gym;

· Ground floor commercial;

· Car parking spaces across the basement and at-grade;

· Associated landscaping works.

DA 65/2025 commenced public exhibition on 6 August 2025.

Whilst not relevant to the consideration of the draft VPA offer, it is noted that Seniors’ Living is not a permitted use under the Lane Cove Environmental Plan 2009 (LEP) and the proponent is reliant on the provisions of State Environmental Planning Policy (Housing SEPP) 2021 which permits Seniors’ Living development within the E2 Zone.

The Site is also the subject of a Planning Proposal (rezoning) and seeks to permit the Strata Subdivision of the development for Seniors Living developments in the E2 zone.

Discussion

This matter was listed on the agenda for the July 2024 Ordinary Council Meeting and deferred to enable further information to be provided on the draft VPA offer.

Councillors were updated on the draft VPA offer at a Workshop held on 11 August 2025.

The proponent is offering a one-off monetary contribution of $281,375 being the equivalent of $250,000 indexed at 3% over five (5) years payable upon issue of the Construction Certificate (CC).

The monetary contribution is offered in addition to any other applicable development contributions under S7.11 of the EP&A Act. The offer represents a public benefit, including both financial benefit to Council and broader community benefit arising from the contribution to the maintenance of Wadanggari Park as it represents a significant source of medium-term funding for operational expenditure at this important community asset.

The Monetary Contribution payment timing (CC) provides Council an additional income stream on the unspent funds via interest received during the 5-year term.

Community Consultation

Statement of Intent

The consultation is designed to obtain feedback on the proposed VPA for the delivery of Public Benefit as described. Any comments received will be reviewed and evaluated to assist in preparing a report back to Council which will determine whether (or not), to proceed with the VPA.

Method

Level of Participation	Inform	Inform	Consult
Form of Participation	Open	Targeted	Open
Target Audience	Lane Cove Community and community groups	Properties in the vicinity. Local community associations.	Lane Cove Community
Proposed Medium	Advertisement and e-Newsletter	Notification Letters	Public Exhibition, Website Exhibition and Survey
Indicative Timing	In conjunction with the Development Application Notification

Conclusion

The Monetary Contribution offered for the medium-term maintenance of Wadanggari Park represents a considerable public benefit. Further, it provides flexibility to Council for the re-deployment of financial resources to other unfunded and / or partially funded projects and services in the Lane Cove Local Government Area.

RECOMMENDATION

That:

1. Council places the draft Planning Agreement for 170 Pacific Highway, Greenwich and supporting documentation on public exhibition; and

2. the outcomes of the public exhibition be reported to Council.

Louise Kerr

General Manager

General Manager's Unit

ATTACHMENTS:

AT‑1 View	Draft VPA - Realside 170 Pac Pty Ltd	48 Pages	Available Electronically
AT‑2 View	Letter of Public Benefit Offer - 170 Pacific Highway Greenwich	3 Pages	Available Electronically

Ordinary Council Meeting 21 August 2025

Delegation of Authority to the General Manager

Item No: 5

Subject: Delegation of Authority to the General Manager

Record No: SU5070 - 35214/25

Division: Lane Cove Council

Author(s): Stephen Golding

Executive Summary

Section 380 of the Local Government Act (1993) requires Council to review its delegations and make any changes considered appropriate within 12 months after each ordinary election.

It is recommended Council endorse the existing delegations to General Manager as per the 8 December 2022 Council resolution.

Background

The delegation of Authority to the General Manager was last reviewed and adopted at the Ordinary Council Meeting of 8 December 2022, Council Resolution 281/22.

Below is an extract of the resolution relating to the delegation:

A Pursuant to the powers of delegation conferred to it by Section 377 and Section 381 of the NSW Local Government Act, 1993, and pursuant to every other power it hereunto enabling, Lane Cove Council, hereby delegates to the holder for the time being of the office of General Manager the power to exercise all the functions, powers, duties and authorities conferred upon the Council pursuant to:-

1. The NSW Local Government Act, 1993;

2. The Environmental Planning & Assessment Act, 1979;

3. State Emergency & Rescue Management Act 1989;

4. All other Acts, whatsoever under which Council has functions, powers, duties and authorities; and

5. All regulations, by-laws, rules and the like made by, or under any other Act referred to in 1, 2, 3 or 4 above. Always subject to any resolution made from time to time by Lane Cove Council and provided that such delegation of powers shall not be deemed to be extended to:-

1	Any of the matters expressly reserved to the Council in Section 377 of the Local Government Act, 1993;
2	Decisions or actions about major unique or significant items where no policy, practice or code of the Council exists;
3	Adoption of new Council Policies, Plans and Codes or amendment of Council Policies, Plans and Codes as published on Council’s website;
4	The acceptance of tenders that are not in the ordinary course of Council business and will have significance to the Lane Cove community;
5	Write off debts above $10,000;
6	The granting or execution of indemnities in relation to contractual arrangements not within the normal scope of Council business;
7	The alteration of the meeting cycle of Council;
8	The overview and direction of business activities;
9	The role of the Mayor as provided for and determined under Section 226 of the Local Government Act 1993;
10	Items in respect of which the Mayor or a Councillor has specifically requested the General Manager, in writing, to place before Council for determination by Council;
11	Items in respect of which Council has specifically resolved that they be placed before Council;
12	The significant variation of any agreement when the original agreement was executed pursuant to a resolution of Council;
13	The granting of leases and licences of Crown land when the access of the wider community is limited or restricted;
14	Grant owner's consent to a party other than Council to the lodgement of a significant application for works or activities on or over Council owned or managed land that is not in the ordinary course of business that prevents public access to the majority of the land for more than one month; or, may significantly impact the amenity of adjoining residents; or, is not covered by a specific Council policy or procedure;
15	Grant owner’s consent to the lodgment of a development application for significant works by Council or another party on or over Council owned or managed land;
16	Close or open a road or begin the process to close or open a road.

Discussion

Section 380 of the Local Government Act (1993) requires Council to review its delegations and make any changes considered appropriate within 12 months after each ordinary election.

In accordance with Section 377 (1) of the Local Government Act 1993, a Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the Council) certain powers, duties and functions for the efficient and effective management of the daily operations of the organisation. This section also specifies those matters, which cannot be delegated, but must be dealt with by Council.

In turn, the General Manager may sub delegate, any of the powers, duties and functions of a General Manager, other than this power of delegation, to any person or body, including another employee of the Council (Section 378).

The current Delegation of Authority for the General Manager is publicly available on Council’s website and is attached to this report (AT-1).

RECOMMENDATION

That Council:

1. The NSW Local Government Act, 1993;

2. The Environmental Planning & Assessment Act, 1979;

3. State Emergency & Rescue Management Act 1989;

4. All other Acts, whatsoever under which Council has functions, powers, duties and authorities; and

1	Any of the matters expressly reserved to the Council in Section 377 of the Local Government Act, 1993;
2	Decisions or actions about major unique or significant items where no policy, practice or code of the Council exists;
3	Adoption of new Council Policies, Plans and Codes or amendment of Council Policies, Plans and Codes as published on Council’s website;
4	The acceptance of tenders that are not in the ordinary course of Council business and will have significance to the Lane Cove community;
5	Write off debts above $10,000;
6	The granting or execution of indemnities in relation to contractual arrangements not within the normal scope of Council business;
7	The alteration of the meeting cycle of Council;
8	The overview and direction of business activities;
9	The role of the Mayor as provided for and determined under Section 226 of the Local Government Act 1993;
10	Items in respect of which the Mayor or a Councillor has specifically requested the General Manager, in writing, to place before Council for determination by Council;
11	Items in respect of which Council has specifically resolved that they be placed before Council;
12	The significant variation of any agreement when the original agreement was executed pursuant to a resolution of Council;
13	The granting of leases and licences of Crown land when the access of the wider community is limited or restricted;
14	Grant owner's consent to a party other than Council to the lodgement of a significant application for works or activities on or over Council owned or managed land that is not in the ordinary course of business that prevents public access to the majority of the land for more than one month; or, may significantly impact the amenity of adjoining residents; or, is not covered by a specific Council policy or procedure;
15	Grant owner’s consent to the lodgment of a development application for significant works by Council or another party on or over Council owned or managed land;
16	Close or open a road or begin the process to close or open a road.

Steven Kludass

Director - Corporate Services and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Delegation from Council - The General Manager - Revised December 2022

4 Pages

Available Electronically

Ordinary Council Meeting 21 August 2025

Community Consultation Results - Draft Code of Meeting Practice

Item No: 8

Subject: Community Consultation Results - Draft Code of Meeting Practice

Record No: SU837 - 48880/25

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

At the 24 July 2025 Ordinary Council meeting, Council resolved to consult with the community on the Draft Code of Meeting Practice - Council Resolution 164/25.

The draft Code of Meeting Practice was placed on public exhibition for a period of 2 weeks and no written submissions have been received.

This report recommends that the draft Code of Meeting Practice be adopted subject to the deletion of Section 8.4, as attached to this report (AT-1)

Background

At the Ordinary Council Meeting of 24 July 2025, it was resolved, Resolution 164 /25, that:

1. Council adopts, for the purpose of public exhibition, the Draft Code of Meeting Practice 2025 which includes both mandatory and non-mandatory provisions, consistent with the Office of Local Government’s Model Code of Meeting Practice;

2. noting that the Code of Meeting Practice remains unchanged since its adoption by Council on 20 June 2024 and that release of a revised Model Code of Meeting Practice is anticipated soon, with another round of community consultation required as a consequence, Council undertakes community consultation for a period of two (2) weeks; and

3. following the public exhibition period, the Draft Code of Meeting Practice, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held 21 August 2025.

Following the 24 July 2025 Ordinary Council meeting, Council placed the Draft Code of Meeting Practice on exhibition from 25 July to 08 August 2025. The draft Code was exhibited on the Council Website.

Discussion

No submissions were received in response to the public consultation of Council’s Draft Code of Meeting Practice (AT-1). Whilst no submissions were received, there was a total of 22 visits to the website, with 6 visitors downloading the document 9 times.

During the public exhibition period, staff noted an administrative anomaly in Section 8.4 that conflicts with Section 8.1 the general order of business, with Item 17 Closed Committee Items, listed at the end of the meeting order of business.

It is recommended that Section 8.4, “Notwithstanding clause 8.2, council meetings in Closed Committee of the Whole must conclude by 7.00pm sharp and no extension may be permitted beyond this time, the exception being a Council resolution to defer Closed Committee of the Whole to after the conclusion of the public items in the business paper and subject to this Code”, be deleted from the Code of Meeting Practice.

Conclusion

As no submissions were received it is recommended that Council adopt the Draft Code of Meeting Practice with the deletion of Section 8.4. Once adopted, the Code of Meeting Practice will be published on Council’s website.

RECOMMENDATION

That Council adopt the draft Code of Meeting Practice (as amended to delete reference to Section 8.4) and publish the adopted Code of Meeting Practice on the Council website.

Steven Kludass

Director - Corporate Services and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Draft - Code of Meeting Practice - July 2025

54 Pages

Available Electronically

Ordinary Council Meeting 21 August 2025

Community Consultation Results - Proposed Changes to 2025/26 Schedule of Fees & Charges

Item No: 9

Subject: Community Consultation Results - Proposed Changes to 2025/26 Schedule of Fees & Charges

Record No: SU10128 - 56308/25

Division: Corporate and Strategy Division

Author(s): Don Johnston

Executive Summary

At the June 2025 Council meeting it was resolved to exhibit changes to the Schedule of Fees & Charges related to copies of rates notices and hire fees for the Greenwich Senior Citizens Centre.

This report recommends formal adoption of these fees following the conclusion of the 28-day public exhibition period.

Background

The June 2025 report to Council where adoption of the 2025/26 Delivery Program & Operational Plan including the 2025/26 Budget was considered, highlighted new fees and charges for consideration.

Council had previously been absorbing the cost of the provision of copies of rates notices and statements of rates and had received over 1,100 requests of this nature in the past 12 months. It was proposed to introduce a fee for service for these requests.

In addition, due to a change in operational arrangements, Council needed to set hire charges for the Greenwich Senior Citizens Centre.

The following draft fees were proposed:

	*2025/26 Fee*
*Rates Notice copies*
Copy of rates / instalment notice	$25.00
Rates statement letter (1 rating year)	$25.00
Rates statement letter (each additional rating year)	$8.00
*Greenwich Senior Citizens Centre*
Concession	$31 per hour or $186 per day
General	$52 per hour or $310 per day
Commercial	$124 per hour or $744 per day

Council resolved to advertise the new proposed fees for 28 days and, subject to no adverse submissions being received, incorporate the proposed fees into the 2025/26 Schedule of Fees & Charges.

Discussion

Council advertised the proposed changes to 2025/26 Schedule of Fees & Charges on the Have Your Say section of Council’s website with feedback closing on 29 July 2025. The opportunity was also advertised in Council’s e-newsletter on 3 July which was delivered to more than 6,750 recipients.

There was one submission received during this time which appeared to be unrelated to the subject matter and instead referred to their dissatisfaction with any proposal to increase rates in general.

The submission included ‘Introducing a rate hike at this time would place an additional and unfair burden on households and small businesses that are already struggling to stay afloat’.

There was no reference within the feedback to the fees as advertised.

While there was no adverse feedback as such, the matter has been reported back to Council for determination.

Conclusion

Council has advertised the proposed changes to the Schedule of Fees & Charges related to copies of rates notices and hire fees for the Greenwich Senior Citizens Centre. With no objections to these individual fees and charges it is recommended that they be formally adopted and incorporated into the Schedule of Fees & Charges for 2025/26.

RECOMMENDATION

That Council adopt the proposed fee for copies of rates notices and hire fees for Greenwich Senior Citizens Centre as exhibited and include in the Schedule of Fees & Charges for 2025/26.

Steven Kludass

Director - Corporate Services and Strategy

Corporate and Strategy Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 August 2025

Delivery Program and Operational Plan - 2024/25 Fourth Quarter Review

Item No: 10

Subject: Delivery Program and Operational Plan - 2024/25 Fourth Quarter Review

Record No: SU238 - 47456/25

Division: Lane Cove Council

Author(s): Stephen Golding

Executive Summary

This report outlines the 2024/25 Fourth Quarter progress towards achieving the projects and activities listed in the adopted 2024/25 Delivery Program and Operational Plan.

It is recommended that the report be received and noted.

Discussion

The 2024/25 Delivery Program and Operational Plan was adopted by Council on 20 June 2024. Council’s 2024/25 Delivery Program and Operational Plan outlines the strategies, actions and new initiatives proposed to be undertaken during the financial year to advance the goals and objectives of the Community Strategic Plan: Liveable Lane Cove: 2035.

The Fourth Quarter Review of the 2024/25 Delivery Program and Operational Plan is attached at AT-1. The report indicates the responsible work area and includes a short progress report and action status.

Some highlights for the Fourth Quarter include:

· Council adopted its revised Community Strategic Plan (Liveable Lane Cove 2035), following an extensive community consultation campaign which yielded more than 870 individual responses from community members.

· Council adopted a new Delivery Program and Operational Plan (including Budget) for 2025/26, again following extensive community consultation.

· Sydney Sports Management Group Pty Ltd were chosen as the preferred tenderer for the facility management of the new Galuwa Recreation Centre, subject to finalisation of lease negotiations.

· Council adopted its first Social Inclusion Strategy, setting a clear, principles-based approach to building a more inclusive community.

· More than 520,000 people visited Council Libraries in 2024/25, including over 100,000 visits to St Leonards Library and 2,000 more visits to Greenwich Library than the previous year.

· The Home Library Service made 473 deliveries to 129 individual clients and 12 institutions in the Lane Cove and Hunters Hill local government areas.

· The new Chatty Chairs program launched at Lane Cove Library, with weekly sessions and morning teas attracting over 100 participants, and a high-profile seat installed in the Plaza to encourage social connection and tackle loneliness.

· ANZAC Day at The Canopy drew over 1,200 attendees and was delivered in partnership with Lane Cove Returned Servicemen’s League (RSL). The RSL also supported a grant application which was awarded $10,000 from the Saluting Their Service grant to enhance the war memorial.

· The Gai-Mariagal Festival featured Children’s Voices for Reconciliation with 9 schools, a public art installation, and a Walk on Country.

· Refugee Week was marked by a regional event at Pottery Lane featuring live music, spoken word and lived-experience speakers.

· A Small Business networking event at Sunset Diner attracted 65 attendees and included expert advice tables, social media headshots and EOFY tips. A targeted AI skills session for small businesses was delivered at the Library and received positive feedback.

· Youth-led programs including a 3v3 Basketball Competition, Saturday Sounds, and Life Skills Workshops supported leadership, wellbeing and inclusion.

· Council funded over 21 local programs through Community Assistance Grants and provided subsidised venue hire to community groups.

· The Seed Library launched at Lane Cove and St Leonards Libraries, with over 1,000 seed packets borrowed in the first three months.

· Three new sculptures were commissioned through the Villages Public Art Program for Hughes Park, Figtree Shops and Mindarie Park.

· A large-format First Nations digital mural by artist collective MadWings was completed at the Sport and Recreation Centre, along with a poetry commission for the new digital screen.

· Upgrades to the caretaker’s cottage at Carisbrook House were completed, and the team secured a State Heritage Grant for renovations to the veranda and fences.

· Council released the operational tender and finalised designs for the new Early Childhood Education and Care Centre at St Leonards South.

· Improvements were completed at Kindy Cove including new perimeter fencing and upgraded nursery play areas to enhance safety and support creative play.

· Council’s social media reach exceeded 90,000 on Facebook for the quarter, with over 6,000 views on Instagram reels.

· A Digital engagement program was launched with 11 Instagram reels posted, reaching 6,045 people and receiving 5,731 views, sharing dynamic content about Council news and programs.

· Council secured a $337,000 Open Streets grant to deliver Lunar New Year events at St Leonards over the next three years.

· Launch of promotional videos for Council’s Sustainability Rebates, Greener Apartments, Ask n Expert, and Compost Revolution programs.

· Establishment of a Community Garden at St George Community Housing site in Lane Cove North as part of Council’s Planting Resilience Program.

· Delivery of a program of activities for World Environment Week, including Coffee and Climate Change talks with the Australian Museum, community workshops on Climate Change and Fermentation, Bushcare activities, and a film Screening of 2040 by Damon Gameau.

· Supported the community volunteer group, the ‘Sustainability Collective’ to initiate a program to encourage local businesses to accept reusables over single use containers.

· Council signed with the @HOME program which will provide residents with exclusive webinars and resources on a broad range of sustainability topics.

· Council signed up to ZapCat which will provide households and small businesses with independent energy advice, instant cost estimates, and personalised support for electrification upgrades.

· Progressed the Sustainability Review of the LEP and the St Leonards South Section 7.11 Plan.

· On The Verge program provided 724 plants for nature strips and pocket parks and created 8 new sites.

· The Lane Cove Community Nursery requisitioned a total of 3,753 free native plants for various Council programs.

· Nursery volunteers completed a total of 481 hours resulting in the potting up of 4,241 new plants and propagating 49 trays of native seed and cutting material.

· A total of 160 supervised hours were spent on Bush Friends sites this quarter with 167 plants supplied by Council and installed on the sites.

· The Backyard Habitat program provided 751 tube stock plants to residents from the Community Nursery.

RECOMMENDATION

That Council receive and note the Fourth Quarter Review of the 2024/25 Delivery Program and Operational Plan.

Steven Kludass

Director - Corporate Services and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Delivery Program and Operational Plan - 4th Quarterly Review - 2024-2025

207 Pages

Available Electronically

Ordinary Council Meeting 21 August 2025

Review of traffic management concerns in the St Leonards Precinct

Item No: 11

Subject: Review of traffic management concerns in the St Leonards Precinct

Record No: SU1326 - 51408/25

Division: Open Space and Infrastructure Division

Author(s): Sashika Perera

Executive Summary

A Notice of Motion considered and adopted at the April 2025 Council meeting regarding several traffic matters required a report to be presented no later than the August 2025 meeting of Council, outlining the following:

1. the outcome of meetings with Transport for NSW (TfNSW) and the Department of Planning, Housing and Infrastructure (DPHI) and with the St Leonards Crows Nest Working Group,

2. actions that have been taken by Council to address the traffic concerns outlined in the April 2025 Notice of Motion,

3. recommended further actions that can be undertaken by Council in its own right to address these traffic concerns,

4. recommended actions that will require approval(s) or consent(s) from other authorities and the processes involved in seeking such approval(s) or consent(s), and proposed engagement strategies with residents of the precinct in relation to proposed changes to address the concerns detailed in 1 above and in relation to construction traffic management plans for future development of the sites in the precinct.

This report provides an update on the above items.

Background

The area of concern is bounded by Oxley Street, Pacific Highway, Christie Street, Christie Lane and Lithgow Street, St Leonards (The precinct).

The precinct is impacted by high density development which has yielded concerns relating to construction and post development traffic. While the long-term focus is to support a shift towards public and active transport, short-term traffic matters require a collaborative approach between Councils and TfNSW.

Currently, Council meets with the St Leonards Crows Nest Working Group which comprise of representatives of Lane Cove, Willoughby and North Sydney Councils to discuss planning, development and infrastructure issues in the precinct.

Further to this, Council continues to liaise with TfNSW on traffic matters that impact the precinct, namely along Pacific Highway.

A Notice of Motion at the April 2025 Council meeting put forward a number of traffic matters and recommended that a report be presented to Council no later than the August 2025 meeting of Council.

The recommendations were to report on the following:

1. the outcome of meetings with Transport for NSW and the Department of Planning, Housing and Infrastructure and with the St Leonards Crows Nest Working Group,

2. actions that have been taken by Council to address the concerns outlined in the April 2025 Notice of Motion,

3. recommended further actions that can be undertaken by Council in its own right to address these traffic concerns,

Discussion

1. The outcome of meetings with Transport for NSW and the Department of Planning, Housing and Infrastructure and with the St Leonards Crows Nest Working Group

· Council referred the traffic concerns identified in the Notice of Motion to the May 2025 Traffic Committee. Subsequent to that action, advice was provided from TfNSW that they had commenced a corridor wide safety investigation of the Pacific Highway. It is understood that the concerns raised by Council have been included in the scope of the safety investigation project. TfNSW expect to finalise the report by the end of October 2025.

· A meeting was held on 19 June 2025 with DPHI in which the traffic concerns were raised. DPHI referred Council to TfNSW’s Corridor wide safety investigation of the Pacific Highway.

· The St Leonards Crows Nest Working Group meets on an as needs basis and there has been no meetings since March 2025. These traffic matters will be tabled at the next St Leonards Crows Nest Working Group meeting for consideration.

2. Actions that have been taken by Council to address the traffic concerns outlined in the April 2025 Council report

The following recommendations were made at the May 2025 Traffic Committee and were adopted at the June 2025 Council meeting. These will be implemented by Council:

· Existing ‘Give Way’ sign to be replaced by ‘Stop’ sign and install corresponding ‘Stop’ line markings to clearly reinforce the priority route and improve driver compliance.

· Extend the existing broken centreline marking to the intersection of Nicholson Street and Oxley Street to provide clearer lane delineation for turning vehicles.

· The above works will be implemented by the beginning of September 2025.

In addition to this, Council is also investigating a crossing facility on Nicholson Street south of Oxley Street.

3. Recommended further actions that can be undertaken by Council in its own right to address the above concerns

· Additional signage to improve driver compliance and prevent illegal left hand turns from Christie Street onto the Pacific Highway.

· Development of a wider education campaign for cyclist including delivery cyclists throughout the St Leonards precinct.

· Additional enforcement by Rangers to ensure driver compliance.

· Liaising with NSW Police to enforce illegal turns to/from Pacific Highway and driver behaviour.

· Investigate the development of new standard conditions relating to worker parking on construction sites for large developments.

4. Recommended actions that will require approval(s) or consent(s) from other authorities and the processes involved in seeking such approval(s) or consent(s), and proposed engagement strategies with residents of the precinct in relation to proposed changes to address the concerns detailed in 1 above and in relation to construction traffic management plans for future development of the sites in the precinct.

The actions outlined in point 2 above does not require any approvals or consent from other authorities, rather requires liaising with TfNSW and NSW Police for advice and enforcement.

In relation to engagement strategies, Council meets with the St Leonards South Residents Liaison Committee and St Leonards CBD Committee every six weeks to discuss any community concerns relating to development within the precinct. Further to this, a webpage has been added to Council’s website with information on development within the precinct.

Conclusion

The precinct bounded by Oxley Street, Pacific Highway, Christie Street, Christie Lane and Lithgow Street, St Leonards is impacted by construction and post development traffic which has raised some concerns about congestion and safety.

While the long-term focus is to support a shift towards public and active transport, short-term traffic matters require a collaborative approach between Councils and TfNSW.

TfNSW are undertaking a corridor wide safety investigation of Pacific Highway which is due to be finalised at the end of October 2025. Current turn bans restrictions and congestion on side streets will be reviewed as part of the investigation.

The intersection control at the Nicholson Street/Oxley Street has been reviewed by Council and will be upgraded to a ‘Stop’ control to reinforce priority routes. The broken centerline markings will be extended up to the Nicholson Street/Oxley Street intersection to provide clearer lane delineation for turning vehicles. Further to this, a crossing facility on Nicholson Street south of Oxley Street will also be investigated.

Council also met with DPHI regarding the above concerns and DPHI referred Council to TfNSW’s Corridor wide safety investigation of Pacific Highway.

Regarding engagement strategies, many of Council’s ongoing forums such as the St Leonards South Residents Liaison Committee and St Leonards CBD Committee will be utilised to discuss concerns in the precinct. Further, a webpage has been added to Council’s website with information on the precinct. On going communications with developers will also continue to ensure a high level of safety is maintained for all road users and disruptions to the existing road network are kept to a minimum.

RECOMMENDATION

That Council receive and note this report.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 August 2025

Implementation of a Food Organics Service

Item No: 13

Subject: Implementation of a Food Organics Service

Record No: SU9369 - 45043/25

Division: Planning and Sustainability Division

Author(s): Bernadette Riad

Executive Summary

· The NSW Government has mandated that local councils provide all households that have an existing residual (garbage) waste collection service with a food organics collection and recycling service by 1 July 2030. Food organics must be collected on a weekly basis.

· In July 2024 Council resolved to give the highest priority to researching and implementing a Council-wide food collection service, and in March 2025 endorsed the commencement of discussions with existing contractors for the implementation of a food organics collection service to take advantage of the capacity currently available.

· Legal advice notes that changes to collection services and bin roll-out can be done as variations to the contract, with any extensions to this contract to be pursued under the extenuating circumstances exemption s 55(3)(i) of the Local Government Act 1993 (LG Act). Council can accept the existing option for Food Organics processing under our current processing contract for residual wastes, while changes to current organics processing services could be pursued under the extenuating circumstances exemption s 55(3)(i) of the LG Act.

· Council staff have secured pricing for two service options for Council to consider for a new food organics collection and recycling service, these include:

o FOGO - a combined food organics and garden organics (FOGO) collection service, where the existing fortnightly green bin is repurposed to a weekly mixed food and garden waste collection service; or

o FO - introducing a new food organics (FO) collection service with a fifth bin for food organics collected weekly and maintaining the existing fortnightly garden organics (GO) collection service.

· The recommended approach is for Council to provide a new weekly food organics (FO) collection and recycling service, and to maintain residents existing collection services of weekly residual (garbage) waste, fortnightly garden organics and recycling collections.

· This approach provides better emissions outcomes and protects the current garden waste recycling service that has very low contamination levels, cheaper processing rates and produces quality end-products that have proven and reliable markets.

Background

At the meeting of July 2024, Council resolved to give the highest priority to researching and implementing a Council-wide food collection service and brief the new Council on regional waste practices and position (including FO/FOGO).

In February 2025, a detailed presentation was provided to Council at their Corporate Planning Weekend detailing the state of waste in Greater Sydney, Council’s waste profile, the outcomes of the Northern Sydney Regional Organisation of Councils (NSROC) Food Waste trial and Organics Implications Study, current contract arrangements, and the potential to make use of a Food Organics processing option as part of our residual waste processing contract.

This was followed up in March 2025 with a report to Council outlining the next steps and seeking endorsement to:

· Undertake a bin reconciliation to ensure data accuracy of on-ground services to assist with planning for service changes,

· Conduct a legal review of existing contracts, with the view to seek variations to those contracts for food organics services,

· Commence discussions with our existing waste contractors for the implementation a food organics collection service to take advantage of the capacity currently available.

The Food Organics Mandate

In 2021, the NSW Waste and Sustainable Strategy 2041 signaled a mandate for all councils to implement a food organics collection service by 1 July 2030.

This became law in February 2025 when the NSW Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024 (refer Attachment 1 – FOGO Mandate) was passed by the NSW Parliament.

Under the mandate, Councils can provide households with either a combined food organics and garden organics (FOGO) collection bin, or a separate food organics (FO) collection bin, and a separate garden organics (GO) collection bin.

The food organics collection bin must be collected from each household once a week, and the garden organics collection bin must be collected at the intervals the local council considers appropriate.

The legislation also provides for the imposition of financial penalties for local councils that do not comply with the Mandate by 1 July 2030.

The Benefit of Diverting Food Waste from Landfill

Food and garden organics sent to landfill generate methane, a potent greenhouse gas, which can be avoided if these organics are diverted from landfill into beneficial recycling.

Each year, organic waste in Australian landfills generates about 13 million tonnes of greenhouse gas emissions (carbon dioxide equivalent). This equates to approximately 2.5% of Australia’s total annual emissions.^{^[1]} Diverting organics from landfill supports Council’s climate change mitigation and resource recovery strategies.

Diverting organics from landfill also reduces pressure on the limited landfill capacity servicing the Greater Sydney region. Capacity that is expected to be exhausted by 2030^{^[2]}.

Lane Cove’s Current Household Collection Services and Waste Profile

Lane Cove residents currently receive weekly red bin residual (garbage) waste collections, fortnightly recycling collections, and fortnightly green bin garden organics collections, along with on-call bulky waste collection services. Additional recycling services are available through the Northern Sydney Community Recycling Centre (CRC), the HomeCycle Service, and recycling hubs at the Canopy and Civic Centre.

These services currently collect:

Service / Waste Stream	Tonnes
General Waste	7,229
Garden Organics	3,284
Container Recycling	1,479
Paper Recycling	1,153
Bulky Waste	941
Problem Wastes	61

Up until recently, a portion of the material collected through the general waste bin was being processed through a Mechanical Biological Treatment (MBT) plant which would separate and process the organic content from the general waste into an organic output that could be used for mine rehabilitation. This processing led to the diversion of 970 tonnes of material from landfill in 2023/24 and assisted in the achievement of an overall diversion rate of 51%.

The Resource Recovery Order enabling the use of this material expired in May 2025 and was not renewed by the NSW EPA. Without this processing we are looking at a reduced diversion rate of 44%.

Recent kerbside audits indicate that on average, 43% of red bin waste (by weight) is food (see Attachment 2 – Lane Cove Bin Composition Audit Report 2023). Food that is suitable for FO/FOGO bin input, and subsequent recycling into beneficial organic products. Implementing a food waste recycling service is the next available action for Council to increase its resource recovery rate and divert waste from landfill.

Opportunity For Council to Make Use of Available Processing Capacity

The NSW Waste and Sustainable Materials Strategy: A guide to future infrastructure needs^{^[3]} indicates a 1.1 million tonne shortfall in FOGO/FO processing capacity to service the metropolitan levy area by 2030, with this shortfall coming into play from 2027 onwards.

Council’s current waste disposal contract (which expires in 2030) includes pricing for Council to make use of Food Organics processing services. Securing this processing capacity ensures that Council is able to introduce a food organics service and meet the requirements of the mandate.

Funding Support

In 2022, the NSW government developed grants to support NSW councils to deliver new weekly food only (FO) or food organics and garden organics (FOGO) services to their communities. It is expected that there will be two grant rounds each year for four years.

As the mandate date draws closer and more Councils apply for this funding, there is a risk that funding availability may reduce as funds are depleted. There is also no certainty that grant funds will be available after 2026. Council was successful in securing funding of $529,075 in June 2025.

Discussion

Expected organics recovery outcomes

Through the existing green bin service, council currently diverts around 3,284 tonnes/pa of garden organics from landfill into open windrow composting which produces quality composts and soil blends that have well established and reliable end markets.

With 43% of the 7,229 tonnes collected through the red lidded bin suitable for FO/FOGO input, there is approximately 3,108 tonnes/pa of food waste available for diversion.

The NSW EPA Guide to Best Practice FOGO^{^[4]} indicates that the average diversion rate from food organics systems is 41%, while at the upper limits best practice can achieve diversion rates of up to 73%.

The Food Organics trial conducted by the NSROC group of Councils in 2021 indicated similar results. With houses in Lane Cove and Greenwich recovering 56% of the available food waste via FO bins, while units in Ryde and Willoughby only recovered between 25-30%.

Conservative estimates indicate an approximate 1,019 tonnes/pa of food waste would be recovered through a FO/FOGO service for Lane Cove, with 387 tonnes/pa from SUDs and 632 tonnes/pa from MUDs.

The anticipated recovery of approximately 1,019 tonnes/pa of food waste would increase Lane Cove’s overall diversion rate by 7% from 44% to 51%. Over time, with ongoing community engagement and education, the quantity of food waste captured may increase towards 2,269 tonnes/pa which would provide an overall diversion rate of 60%.

Food Organics Service Options

There are two food organics (FO) and garden organics (GO) collection options for Council to consider including:

· FO service - a new food organics (FO) bin service in addition to current collection services (which would retain Council’s current GO service with 1.3% contamination), or

· FOGO service - a combined food organics and garden organics (FOGO) collection service.

Option Costs

Council has modelled costs for both FO and FOGO service options using pricing provided by our existing contractors under a request for variations to current contracts. These prices cover both collection and processing service costs, with options for both anaerobic digestion and closed vessel composting. The detailed pricing summary and cost estimates have been provided to Councillors separately under a confidential memo.

Based on the pricing provided, and modelled capture rates and tonnages, a FO service utilizing Anaerobic Digestion (AD) processing would increase bin service costs (collection and processing) by between $548,964 and $589,529.

By comparison, a FOGO service would increase bin service costs (collection and processing) by between $706,576 and $941,144.

The implementation of either service will also require the roll-out of bins, kitchen caddies, and liners. Pricing for these components are also included in the confidential memo provided to Councillors.

The pricing provided for both collections and processing is in line with the average pricing used in industry modelling NSROC Food Organics Implications Study undertaken in 2024 (provided to Councillors via a confidential memo).

Non-cost considerations

It is prudent to consider other factors in the decision-making process for a preferred organics collection and recycling service including:

· The level of contamination within organic input materials

· The emissions benefits of different processing options

· The quality of organic end-products

· The long-term viability and reliability of available end-markets.

Contamination and end-product quality issues

NSW councils trialling or implementing FOGO services have experienced contamination levels of between 3-15%, with the main contaminants identified as light plastic film, other plastics, glass, paper fibre packaging and other materials. Non-organic contaminants such as these are extremely problematic for the composting industry that receives FOGO material.

As contamination increases in the organic feedstock, so does the quantity of lost product. These contaminants, particularly light weight plastics and glass, also have a major impact on the volume of physical contaminates that are observable within the organic end-products that must be on-sold into viable markets.

The organic composts and soil blends produced must meet regulatory testing for both physical and chemical contaminants before approval is granted for the material to be applied to land through various end-markets.

Lane Cove’s existing garden organics, collected fortnightly in the green bin, has a very low contamination rate (1.3% in 2023), making it an extremely high-quality input for composting because it doesn’t contaminate the organic end-product.

Adding food waste to a clean garden organics stream in a mixed FOGO system risks reducing the quality of both the organic input material sent for composting and the subsequent composts and soil-based end-products.

The Australian Organics Recycling Association (AORA) is seeking a 2% limit by weight of contamination within FOGO waste streams and anticipate reducing this limit overtime to improve FOGO inputs for composting^{^[5]}. Based on the contamination rates experienced in existing FOGO services across Metropolitan Sydney, this could present a significant challenge and a potential risk to processing costs.

While a FO service will still contain contamination from containerised and packaged food waste, it is more manageable and will affect a much lower quantity of end product. By limiting the impact of contamination to a separate food only collection, the cost impacts resulting from the contamination can be minimised, thereby reducing Council’s risks.

Adding food waste to the green bin will also increase the processing costs of the existing 3,284 tonnes/pa of garden organics (which represents around 76% of the total organics anticipated). Separating the food and garden organics streams will capitalise on the low gate fee for garden organics.

Emissions

In 2023 the NSW EPA commissioned Blue Environment ^{^[6]}to undertake a comparative assessment of the environmental impacts associated with food organics recovery technologies and management pathways, focusing on greenhouse gas (GHG) emissions and sequestration.

The results of this study have been summarized in a series of Fact Sheets^{^[7]} analysing the emissions impacts of different processing technologies for food waste in NSW. If Anaerobic Digestion (AD) bioenergy is used, AD has better GHG outcomes than composting, and far greater benefits than landfill due to avoided methane emissions that are not collected by landfill gas capture systems.

This was also demonstrated in the modelling undertaken by Edge Environment for Council and the broader NSROC region (provided to Councillors via a confidential memo) which determined that even with the additional transport needs, a FO service would deliver superior emissions outcomes due to the ability to capture energy from the anaerobic digestion process at the processing facility.

A graph of a graph with different colored bars

AI-generated content may be incorrect.

Figure 1. Comparison of organic management options (kg CO2-e/wet tonne food input)

Source: https://www.epa.nsw.gov.au/sites/default/files/organics-processing-technology-emissions-2023.pdf

Weekly versus fortnightly garbage collections

Some councils have introduced fortnightly general waste collections when transitioning to FOGO and while this approach may reduce truck movements and associated collection costs, it is not recommended for Lane Cove.

Lane Cove already provides an 80L general waste bin, which is smaller than what is provided by most Councils. Further to this, kerbside audits note that 57% of residents’ general waste bins are more than 90% full on collection day. Also, while food waste makes up a significant portion of the contents of the red bin by weight – by volume it is much less. Adopting fortnightly garbage collections risks Council not meeting the community’s waste collection needs and is highly likely to increase contamination levels in recycling and organics bins.

Proposed Service

It is proposed to commence the new food organics (FO) recycling service to stand-alone houses initially. Offering the service to units and apartments as an opt-in service within the following year (2026/2027), before transitioning to all dwellings prior to the mandated date of 2030.

Stand-alone houses would receive a 60 or 80 litre maroon lidded FO bin to deposit food waste into for weekly collection using a side loader collection truck^{^[8]}. While units and apartments will receive an allocation of 120 litre maroon lidded FO bins for shared use within the complex.

This phased roll-out with units and apartment complexes will allow Council the time to engage with different typologies of unit and apartment complexes to refine roll-out processes for these building types.

Prior to roll-out, households will receive a kitchen caddy to allow for food waste separation in the kitchen (where the food is generated), certified compostable caddy liners, with an educational package detailing how to use the service.

Liners will continue to be delivered on a 6 monthly basis to minimise contamination from plastics and non-approved bags, along with educational material to maximise utilisaton of the service and minimise any contamination.

Residents needing top up liners will be able to readily access additional supplies from Council libraries, the Civic Centre and via a mailout system through the Waste Hotline.

Potential Risks

While the proposed FO service is expected to provide greater financial and environmental benefits, it is not without risk. The key risk to this service lies in human behaviours and the acceptance of a fifth bin for the separate collection of food organics.

The proposed 60L bin is oversized for the volumes of food waste likely to be collected each week but is the smallest bin which is able to be collected by a side arm collection vehicle. The low utilisation of the available capacity presents a risk in that residents may feel that source separation is not worth the effort.

In addition, a separate food organics bins presents an increased risk of odour and mess within the bins, as the food waste is not buffered or absorbed by vegetation or other wastes. This will require additional effort by residents in terms of managing their food wastes to minimise odour, and in cleaning bins between collections.

Another possible risk is the challenge of limited space for an extra bin both within the property (yards / bin bays) and on street frontages.

These risks will need to be managed by Council through proactive communications around the benefits of the service and how residents can minimise odours and other complaints.

Communications and Education

A comprehensive Food Organics Recycling Service - Community Engagement and Education Strategy has been developed covering a broad suite of community engagement and education activities. This Strategy outlines 4 key phases of activities commencing September 2025 (6 months prior to proposed service commencement date) through to rollout and ongoing delivery.

· Phase 1: Announcement of the new service coming

· Phase 2: Pre-rollout (delivery of bins, caddies, materials)

· Phase 3: Commencement of services

· Phase 4: Post-rollout

Additional Council Resourcing

To ensure the smooth delivery of service roll-out the following temporary resources will be required for customer service, contamination management and community engagement and education:

· One Waste Project Officer (Fulltime – 18-month contract) to assist with project implementation, resident education activities, customer enquiries, bin inspections, and bin tagging.

The above resourcing costs would be accommodated from within current funding.

Contract Variations

Council has engaged legal advice on potential variations to our existing contractual arrangements to facilitate the roll-out of a food organics (FO) service or a combined food and garden organics (FOGO) service (provided to Councillors via a confidential memo).

The change to the collection services and the bin roll-out are sufficiently related to the existing services covered by the Collection Agreement that they would be properly characterised as variations and not new contracts.

In pricing for the services, our collections contractor has requested an extension to the contract term in order to amortise the additional collection vehicles required to provide the service. Council is proposing to accept a 3-year extension under the extenuating circumstances exemption under s 55(3)(i) of the LG Act.

Justification of the extenuating circumstances include.

· Making use of the option for FO processing under an existing processing contract in order to secure processing capabilities in a constrained / diminishing market.

· Maintaining the cost competitiveness of collection services by amortising the additional collection vehicles required to deliver the service over what would be considered a standard contract term.

Conclusion

Council is required to comply with the NSW Government’s FOGO Mandate by 1 July 2030.

It is recommended that Council resolve to accept the current offers to implement a FO collection and recycling service to make use of available processing capacity with low emission technology. Noting that a FO service represents better value for money, better environmental outcomes in terms of both emission reductions and quality outputs and protects the quality of garden organics stream which produces high-quality compost for well-established and reliable end-markets.

Keeping food waste and the expected contamination that will come with this waste stream separate from the clean garden organics stream, will also minimise processing and cost risks for food organics recycling.

Behavioural risks will need to be managed through effective communication strategies to ensure Council’s reasons for adopting a FO collection and recycling service approach is well understood and accepted by the community.

RECOMMENDATION

That Council:

1. receive and note the report;

2. implement a Food Organics (FO) service under existing contracts with a targeted start date of March 2026 by way of introducing a fifth bin for food only and maintaining all other existing collection services to residential properties; and

3. delegate authority to the General Manager to execute all necessary documentation to give effect to this resolution.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

AT‑1 View	Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2025	Available Electronically
AT‑2 View	Final Report - Kerbside Bin Audit 2023	Available Electronically
AT‑3 View	NSROC Food Organics Research Project Final Report	Available Electronically

Ordinary Council Meeting 21 August 2025

Kerbside EV Chargers

Item No: 14

Subject: Kerbside EV Chargers

Record No: SU10235 - 50578/25

Division: Planning and Sustainability Division

Author(s): Bernadette Riad

Executive Summary

On 9 July 2025, the NSW Government announced funding of $2.8 million to install 549 EV charging ports across 22 Local Government Areas (LGAs).

One of the five recipients of funding, Plus ES, has obtained approval for 2 proposed charge points in the Lane Cove LGA. These additional charge points will increase the number of on-street EV charge points in Lane Cove from 15 to 17, and the total number of charge points from 38 to 40.

Council is currently working with Plus ES to finalise site arrangements and will conduct community consultation on the 2 proposed sites, as well as a number of sites which will serve as alternates should they be required. The results of the consultation will be brought back to Council via the Traffic Committee for final approval.

Background

Funded and administered by the Office of Energy and Climate Change, the EV kerbside charging grants aim to:

· support NSW’s goal of being the easiest place in Australia to own and drive an EV

· increase charging options for EV drivers with limited or no access to off-street parking

· support the needs of an increasing number of EV drivers and make the EV transition process easier

· test different kerbside charging technologies and commercial models to develop a sustainable kerbside charging market

· provide information and support on planning approval pathways for kerbside charging.

The grants provide co-funding for eligible charge point operators (CPOs) to install, own, operate and maintain EV kerbside charging infrastructure in priority zones that were assessed as having limited access to off-street parking. Providing funding of no more than 80% of the total equipment and installation cost per EV charger.

As part of the funding round, the NSW Government released the NSW EV Kerbside Charging Map outlining the estimated need for kerbside charging in each LGA based on population density, housing type, housing tenure, and vehicle ownership. This map outlined an on-street charger access need of 15.2 for Lane Cove, and 9.8 for Greenwich and Riverview.

Discussion

Council currently provides access to a total of 38 electric vehicle charge points. Of those, 23 are located in Council car parks, while 15 are located on-street.

· The Canopy Carpark (8 charge points total, including 2 fast chargers)

· Little Street Car Park (4 charge points)

· Market Square Car Park (5 charge points)

· St Leonards Central Car Park (6 charge points including 2 fast chargers)

· 20 Pheonix Street, Lane Cove

· 11 Little Street, Lane Cove

· 30 Little St, Lane Cove

· 19A Sirius Rd, Lane Cove West

· 2 Kullah Parade, Lane Cove North

· 15-21 Mindarie Street, Lane Cove North

· 2-4 Pinaroo Place, Lane Cove North

· 54 Gordon Crescent, Lane Cove North

· 396 Mowbray Rd West, Lane Cove North

· 402 Mowbray Rd West, Lane Cove North

· 626 Mowbray Rd West, Lane Cove North

· 642 Mowbray Rd West, Lane Cove North

· 13-15 Greenwich Road, Greenwich

· 22 Bellevue Avenue Greenwich

· Cnr Oxley and Nicholson Street, St Leonards

The sites currently proposed by the charge point operators are listed below;

· 4 Portview Rd, Greenwich

· 1 Woodford St, Longueville (pole on Kenneth St).

The new sites are proposed to have parking restrictions between 8:00am and 6:00pm to only allow EV’s to use the space while charging, with a 2 hour limit. Council will consult with the surrounding residents as per the requirements of the Traffic Committee for changes to parking restrictions. Feedback on these locations will be reported to the Traffic Committee for consideration prior to being brought back to Council for final adoption.

Community Consultation

Statement of Intent

The consultation is designed to seek feedback from residents surrounding the proposed EV charge points as to the suitability of the location. Any comments received will be presented to the Traffic Committee and evaluated to determine whether to proceed with the installation of the EV charge points.

Method

Level of Participation	Consult
Form of Participation	Targeted
Target Audience	1. Residents surrounding the proposed charge points. 2. The broader Lane Cove Community
Proposed Medium	1. Notification Letters and Brochure / Letterbox Drop 2. Public Exhibition
Indicative Timing	25 August – 6 October 2025

Conclusion

Council has been fortunate in being provided with the opportunity to be included in the NSW Government funding for the installation of kerbside chargers.

It is recommended that Council complete consultation for the locations requiring changes to parking restrictions, report the results of this consultation to the Traffic Committee.

RECOMMENDATION

That Council:

1. receive and note the report; and

2. undertake the consultation as per the requirements of the Traffic Committee for the proposed EV charging locations.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 21 August 2025

Tender for the Lease and Operation of the Early Childhood Education and Care Service at 13-19 Canberra Ave, St Leonards

Item No: 15

Subject: Tender for the Lease and Operation of the Early Childhood Education and Care Service at 13-19 Canberra Ave, St Leonards

Record No: SU10658 - 48876/25

Division: Community and Culture Division

Author(s): Stephanie Kelly

Executive Summary

Council called for tenders in accordance with Council’s Tender and Quotation Procedure for the provision of lease and operation of the Early Childhood Education and Care Service at 13-19 Canberra Ave, St Leonards. This report provides details on the tender process conducted and recommends that the sole tender received from Gowrie NSW be accepted.

A Confidential Memorandum has been circulated separately to Councillors detailing the prices submitted, how each of the weighted criteria was assessed, and a Tender Evaluation Report signed by the Tender Evaluation Panel (TEP).

Background

Council supported a planning proposal to allow for higher density residential development in the St Leonards South area. To ensure the delivery of community facilities in the area, an incentive-based provision was included in the Local Environmental Plan. This allows developers to access additional building height and floor space in exchange for providing public benefits including childcare centres to ensure that the growing precinct is supported by essential community amenities.

The first Early Childhood education centre will be delivered in the next six months.

At its meeting on 24 April 2025 Council resolved to:

1. commence the tender process for the operation of the Early Childhood Centre at 13-19 Canberra Ave, St Leonards;

2. receive a report on the outcomes of the tender process at the appropriate time;

3. prepare a tender with significant weighting for not-for-profit applicants for the operation of the Early Childhood Education and Care Facility once this facility nears completion and report back to Council.

The tender closed at 5:00pm on 11 July 2025. Council received one submission from a suitably qualified and experienced Early Childhood Education and Care (ECEC) provider, Gowrie NSW, seeking to manage and operate the new service at 13–19 Canberra Avenue, St Leonards, with an anticipated opening in early 2026.

The Centre is approved for 60 children (12 aged 0-2, 20 aged 2-3 and 28 aged 3-5) and must comply with all relevant legislation and Council’s conditions of consent.

Discussion

The successful operator will be responsible for obtaining all necessary approvals, operating the Centre in line with best practice, and ensuring compliance with Education and Care Services National Regulations. Initial structural licensing modifications will be Council’s responsibility; ongoing compliance works will be managed by the operator.

The Centre will operate at least 50 weeks per year, Monday to Friday, 7:00am–6:00pm, as detailed under development consent. Council retains naming rights and final approval of the Centre’s name.

Key service aims include affordability, accessibility, quality programming, and strong community engagement. The operator must meet key performance milestones by February 2026 and ensure fees do not exceed 20% above the median in St Leonards. A collaborative working relationship with Council is essential, along with responsible employment practices and a commitment to continuous improvement.

The specification outlined that the tender submissions would be assessed based on the following weighted criteria:

1. Pricing

Proposals were assessed based on overall value for money, taking into account both the fee structure and the quality and scope of services proposed.

2. Capacity & Method(s) of Service Delivery

The evaluation considered each respondent’s financial capacity and demonstrated ability to operate, maintain, and manage early education and care services. Technical expertise, resource and financial management systems, and quality assurance frameworks were reviewed. Referee feedback was taken into account, along with the proposed service delivery methods and evidence of continuous improvement. Managerial capability, staff qualifications, professional development, retention strategies, and alignment with National Quality Framework (NQF) staffing requirements were also evaluated. Insurance coverage was confirmed.

3. Service Philosophy and Criteria

Assessment focused on how well each proposal aligned with Council’s objectives for delivering community-focused, high-quality early childhood education and care. High scores were to be awarded to proposals demonstrating reinvestment of surplus funds into service improvements and strong local connections. Evaluation also included plans for family and community engagement, continuity of care, cultural safety, and strategies supporting developmental outcomes. Proposals were assessed for their approach to equity and inclusion, particularly for priority cohorts such as culturally and linguistically diverse, Aboriginal, children with disability, and low-income families. Relevant policies, service planning, proposed capacity, and operating hours were reviewed.

4. Financial Criteria

Respondents were evaluated on the affordability and accessibility of their proposed fee structures, as well as their ability to manage a community service both financially and operationally. Management structures and resourcing levels were reviewed, along with detailed operating and annual budgets.

5. Governance, Standards and Accountability

Governance arrangements were assessed for transparency and effectiveness, including opportunities for parent and community involvement. Respondent’s stakeholder engagement mechanisms, responsiveness to community needs, compliance history, and risk management practices were assessed. Evidence of strong performance against the National Quality Standard (NQS), continuous improvement systems, and the ability to administer the Child Care Subsidy System (CCSS) was also considered.

6. Other Commercial Criteria

The assessment considered the respondent’s ability to work collaboratively with Council during the establishment of the service. This included the quality and completeness of management proposals, understanding of the full scope of licence responsibilities, risk of default, capacity to manage concurrent workloads, and proposed innovations.

7. Sustainability and Environment Assessment

This refers to the manner in which environmental issues are to be appropriately addressed, including commitment to due diligence and the principles of ecologically sustainable development (ESD) in regard to environmental legislation and documentation outlining past performance in regard to environment protection and enhancement initiatives. Work Health and Safety refers to the tenderer’s commitment to and compliance with the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017.

To achieve the maximum score the tenderer is to provide details of an environmental policy and answer yes to all applicable questions in the Environmental Survey included in the tender specification and to provide details in their submission that they have an OHS Management Plan and work method statements.

Council advertised the tender on Tenderlink. Prior to the release of the tender, local providers and larger state based not for profit providers were contacted to inform them that this opportunity was about to be launched through the tender process. Tenders closed at 5pm on 13 July and Council received one submission.

The tender evaluation panel consisted of the following Council staff:

1. Director Community and Culture - Stephanie Kelly

2. Manager Governance and Risk - Stephen Golding

3. Manager Commercial Operations - David Stevens

4. Social Infrastructure Planner - Diana Marder

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

EVALUATION CRITERIA AND WEIGHTING	GOWRIE SCORE	GOWRIE WEIGHTED SCORES
(a) Pricing:	10	10%
(b) Capacity & Method(s) of Service Delivery:	8.4	20.9%
(c) Service Philosophy and Criteria	9	18%
(d) Financial Criteria	8.4	12.6%
(e) Governance, Standards and Accountability	9	13.5%
(f) Other Commercial Criteria	8.3	8.3%
(g) Work, Health & Safety	Pass	Pass
(h) Sustainability & Environment Factors	7	3.5%
		86.8%

This assessment framework created favourable conditions for high-performing Not For Profit (NFP) providers, particularly in areas where their typical governance and operational models align strongly with Council’s goals. This advantage arises not from bias, but from the alignment between NFP strengths and the service outcomes Council is seeking. The framework sought to justifiably favour NFPs through:

1. Mission alignment and reinvestment - the inclusion of criteria like “Service Philosophy” and “Evidence that surplus funds are reinvested into service improvements” directly reflect typical NFP structures, where profit is not extracted but reinvested for public benefit.

2. Community governance and accountability - the focus on “governance transparency, stakeholder engagement, and community connection” mirrors how many NFPs are structured (e.g. parent-managed committees or boards), giving them a natural advantage in these areas.

3. Equity and inclusion - NFPs often demonstrate a clear commitment to serving vulnerable or priority populations, which aligns with criteria under “Equity and Inclusion” and “Service Planning.”

4. Workforce stability and quality - NFPs often invest more in staff development and retention due to their long-term community commitments, positioning them well under “Workforce Capability and Stability.”

5. Track record in the National Quality Frameworks - many NFPs have strong, proven performance against framework, which is directly assessed in several weighted categories.

This approach delivered the ambitions of the Council resolution and remains appropriate and avoids anti-competitive approaches because the evaluation criteria are outcome-based, not structure-based, any for-profit provider with a strong record in community outcomes, transparency, and reinvestment could still score highly. Council’s role is to maximise community benefit, and these criteria are focused on ensuring high-quality, accessible, inclusive, and accountable ECEC services, regardless of the operator’s business model. The framework aligns with public policy recommendations (e.g. IPART, ACECQA) that highlight the strengths of the NFP sector in delivering quality and equity in early childhood services.

Conclusion

A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer, how each of the weighted criteria was assessed and details of the reference checks undertaken of the recommended tenderer.

Having recorded a high score across all the weighted criteria and positive reference checks were received about the quality and reliability of their work, the Tender Panel recommends the Gowrie Tender to Council.

While there are no directly comparable tender applications for benchmarking, the Tender Panel consider this a strong offer when assessed using baseline data from Kindy Cove, Council’s directly managed ECEC service and applied our knowledge of the industry to inform expectations and standards. This provided a reasonable reference point to evaluate value, quality, and service delivery.

RECOMMENDATION

That Council:

1. accept the tender from Gowrie NSW for the provision of Early Childhood Education and Care Service at 13-19 Canberra Ave, St Leonards (Tender Ref: NSRC-1131728); and

2. delegate authority to the General Manager to execute all necessary documentation to give effect to this resolution.

Stephanie Kelly

Director - Community and Culture

Community and Culture Division

ATTACHMENTS:

There are no supporting documents for this report.

[1] Australian Government Department of Climate Change, Energy, the Environment and Water - Recovering organic waste - DCCEEW

[7] NSW EPA Fact sheet - Emissions impact of anaerobic digestion for food waste processing

[8] Note Council is in discussions with our collections contractor regarding the possibility of a 60L bin as this is not standard issue. If supply of a 60L bin creates issues for collections Council will proceed with an 80L bin.

Action	Date
Council resolves to refer the Financial Statements for the year ended 30 June 2025 for external audit (Council Meeting)	21 August
External audit is conducted by the NSW Audit Office	25 August to 3 September
Draft Financial Statements for the year ended 30 June 2025 presented to the Audit, Risk and Improvement Committee for its review	7 October
Externally audited Financial Statements are presented to Council for sign-off and released for public exhibition (Council Meeting)	23 October
Submit externally audited Financial Statements and Audit Reports to the Office of Local Government	On or before 31 October
Report to Council relating to the tabling of any public submissions received (Council Meeting) and external Auditors presentation to Council	20 November

AT‑1 View	Agenda - Traffic Committee - July 2025	15 Pages	Available Electronically
AT‑2 View	Minutes - Traffic Committee - July 2025	20 Pages	Available Electronically

AT‑1 View	Council Snapshot July 2025	40 Pages	Available Electronically
AT‑2 View	Council Resolution Tracker for August Council Meeting	32 Pages	Available Electronically