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Agenda

Ordinary Council Meeting

20 August 2012

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Monday 20 August 2012 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Win Gaffney. 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 5pm of the Thursday 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 of the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)  Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 20 August 2012

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

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

 

Confidential Items

 

1.       Appointment of Executive Manager Corporate Services (EMCS) Division and incoming General Manager's Performance Agreement 2012/13

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

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 16 JULY 2012

 

Notices of Rescission

 

3.       Lane Cove Market Square Carparking Fees

 

Orders Of The Day

 

4.       Citizenship Ceremony - Wednesday 5 September 2012

 

5.       Council and Committee Meeting Schedule - September and October 2012

 

Notices of Motion

 

6.       Lane Cove Market Square Carparking Fees

 

7.       Meeting House Development

 

8.       Food Preparation on Council Footpaths

 

9.       Australian Indigenous Minority Supplier Council (AIMSC)

 

Officer Reports for Determination

 

10.     Development Control Plan Draft Amendment 4 - Mowbray Precinct

 

11.     Review of State Emergency Services Funding

 

Officer Reports for Information

 

12.     Lane Cove Traffic Committee Meeting held Tuesday 17 July 2012

 

13.     Market Square Development Status Report and Financial Summary

 

14.     4th Quarter Review of the 2011-2013 Delivery Program & Operational Plan

 

15.     Council Snapshot

 

16.     End of Term Report  

 

 

 

 

           


Ordinary Council Meeting 20 August 2012

Lane Cove Market Square Carparking Fees

 

 

Subject:          Lane Cove Market Square Carparking Fees    

Record No:    SU4553 - 42175/12

Division:         Lane Cove Council

Author(s):      Councillor David Brooks-Horn; Councillor Scott Bennison; Councillor Ian Longbottom 

 

 

 

In the event that this Notice of Rescission is carried the Councillors have submitted a Notice of Motion for Consideration.

 

 

 

RECOMMENDATION

 

That the resolution of 18 June 2012, Minute Number 152, in relation to Lane Cove Market Square Carparking Fees be rescinded.

 

“that the fee structure for the Market Square Car Park be reinstated as per the 2011/12 Budget”

 

 

 

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

 

Councillor Scott Bennison

Councillor

 

 

 

Councillor Ian Longbottom

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

     


Ordinary Council Meeting 20 August 2012

Citizenship Ceremony - Wednesday 5 September 2012

 

 

Subject:          Citizenship Ceremony - Wednesday 5 September 2012    

Record No:    SU28 - 41672/12

Division:         General Managers Unit

Author(s):      Millie Stephen 

 

 

Executive Summary

 

A Citizenship Ceremony will be held in the Council Chambers on Wednesday 5 September 2012 commencing at 7.00pm. A Councillor is required to attend the ceremony and speak to the new citizens about local government. 

 

 

 

 

RECOMMENDATION

 

That a Councillor nominate to attend the citizenship Ceremony on Wednesday, 5 September 2012 and speak to new citizens about local government.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 20 August 2012

Council and Committee Meeting Schedule - September and October 2012

 

 

Subject:          Council and Committee Meeting Schedule - September and October 2012    

Record No:    SU1915 - 41941/12

Division:         Corporate Services Division

Author(s):      Kirsty Fleming 

 

 

Due to the Council elections, no meetings are proposed in September, 2012. An Extraordinary Council Meeting will be held prior to 15th October 2012, for the Election of the Mayor and Deputy Mayor.

The Ordinary Council Meeting Schedule for October 2012 is proposed as follows:-

October           15        Ordinary Council

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for September and October 2012 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 20 August 2012

Lane Cove Market Square Carparking Fees

 

 

Subject:          Lane Cove Market Square Carparking Fees    

Record No:    SU4553 - 42182/12

Division:         Lane Cove Council

Author(s):      Councillor David Brooks-Horn; Councillor Ian Longbottom; Councillor Scott Bennison 

 

 

 

This Notice of Motion will only be considered if the Notice of Rescission is carried.

 

 

 

RECOMMENDATION

 

That Council in line with the resolution of 16 April 2012 regarding 2012-15 Draft Budget, Delivery Program and Operation Plan with respect to the Lane Cove Market Square Carparking Fees, revise the fees as follows:-

 

                                                2011-12                       2012-13

 

2-3 Hours                                $4.50                           $0

3-4 Hours                                $6                                $6

4-5 Hours                                $15                              $15

5-6 Hours                                $20                              $20

6+ Hours                                 $40                              $40.

 

 

 

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

 

Councillor Ian Longbottom

Councillor

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 20 August 2012

Meeting House Development

 

 

Subject:          Meeting House Development    

Record No:    SU3331 - 41547/12

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

 

 

 

RECOMMENDATION

 

That a report be submitted to Council on the progress of the Meeting House re-development and on the planned future use of 47 Burns Bay Road.

 

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 20 August 2012

Food Preparation on Council Footpaths

 

 

Subject:          Food Preparation on Council Footpaths    

Record No:    SU4333 - 42142/12

Division:         Lane Cove Council

Author(s):      Councillor Ian Longbottom 

 

 

 

 

 

 

RECOMMENDATION

 

That Council provide for the preparation of food on Council Footpaths in its Footpath Dining Policy and this change to the policy go on public display for comment for a period of 6 weeks.

 

 

 

 

 

 

Councillor Ian Longbottom

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 20 August 2012

Australian Indigenous Minority Supplier Council (AIMSC)

 

 

Subject:          Australian Indigenous Minority Supplier Council (AIMSC)    

Record No:    SU3474 - 42167/12

Division:         Lane Cove Council

Author(s):      Councillor Scott Bennison 

 

 

Background

 

AIMSC is connecting corporate & government Australia with Indigenous businesses. Their vision is ‘A prosperous, vibrant and sustainable Indigenous enterprise sector’.’

AIMSC will achieve this by:-

1.   facilitating the integration of Indigenous businesses into the supply chain of private sector corporations and Government agencies;

2.   advocating on behalf of the Indigenous business community to foster business to business transactions and commercial partnerships between corporate Australia, Government agencies and Indigenous business; and

3.   Exchanging information, conducting research and leading the integration of Indigenous business into the Australian economy.

With membership of AIMSC well over 100 organisations from both non-government and government sectors I believe that Local Government can play a more active role by becoming members. Furthermore Local Government membership seems to me on an individual basis and I believe that a more global approach to membership of Local Government would assist AIMSC in meeting its objectives.

 

 

RECOMMENDATION

 

That Council:-

 

1.       Become a member of AIMSC;

 

2.       Make a request to NSROC that they invite representative from AIMSC to attend their next meeting with a view to have all member Councils to become members of AIMSC;

 

3.       Write to the LGSA and consider inviting representatives of AIMSC to the Local Government Conference as a guest speaker; and

 

4.         Put the following motion to the Local Government Association Conference that the Local Government and Shires Association in conjunction with AIMSC  prepare an information pack to be provided  all Councils encouraging them to become members of AIMSC.

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

AT‑1 View

AIMSC Brochure

8 Pages

 

 

   


Ordinary Council Meeting 20 August 2012

Development Control Plan Draft Amendment 4 - Mowbray Precinct

 

 

Subject:          Development Control Plan Draft Amendment 4 - Mowbray Precinct    

Record No:    SU4861 - 41832/12

Division:         Environmental Services Division

Author(s):      Vivienne Albin 

 

 

Executive Summary

 

The Development Control Plan (DCP) Draft Amendments are a result of a Strategic Review for the Mowbray Precinct undertaken and agreed upon by the Department of Planning and Infrastructure (DOPI) and Council. The DCP Draft Amendments now need to be formally placed on exhibition as the next technical step in the process.

 

Council is requested to adopt the proposed DCP amendments from the Strategic Review for the purposes of public exhibition. No further approval by the DOPI is necessary. It is important that the DCP amendments be processed for consistency with the Local Environmental Plan (LEP) amendments currently with the DOPI for imminent finalisation.

 

Background

 

The Mowbray Precinct is defined by Mowbray Road to the north, Batten Reserve to the south, Centennial Avenue to the east and Willandra St to the west.

 

When the Lane Cove DCP came into force in February 2010, specific controls for development in the Mowbray Precinct were not included, due to community discussion regarding the precinct’s future.

 

The Lane Cove LEP, gazetted in February 2010, provided a floor space ratio (FSR) of 2.1:1 and a building height of 12m for the Precinct. These two controls were not compatible. Additionally, the Rural Fire Service (RFS) had concerns regarding the precinct’s zoning and proximity to Batten Reserve.

 

In 2011, in response to these concerns, a Strategic Review was conducted by the DOPI with Council and undertaken by independent consultants.

 

In December 2011, the DOPI and Council endorsed the recommendations of the Strategic Review for exhibition. The LEP amendments were exhibited early this year, and on 16 April 2012 Council endorsed the LEP amendments with variations to a few sites. The planning proposal was submitted on 30 April 2012 seeking finalisation and subsequently detailed mapping has been undertaken by Council with the DOPI.

 

Discussion

 

The Masterplanning Study undertaken by JBA Planning included recommendations, relevant to any draft DCP for the Mowbray Precinct, regarding built form and urban design generally under the following headings:-

 

1. Buildings Heights:-

·    4 storey height limit for the part of the Study Area with a 14.5m LEP height limit;

·    5 storey height limit for the part of the Study Area with a 17.5m LEP height limit; and

·    Any 5th storey is to be a maximum of 50% of the area of the floor below and setback generally 3m from the building façade.

 

2. Site Coverage and Deep Soil Planting

·    Require a minimum of 40% of the site area for deep soil planting (ie, unexcavated).

 

3. Tree Retention and Replacement

·    Provide greater emphasis on the retention of existing trees and the planting of new trees within the development sites.

·    Varying setbacks (front & rear) should be considered where an alternative design will result in the retention of significant trees.

 

4. Interface Between Residential Flats and Dwellings Houses

·    A provision to require the consideration of the interface between residential flat buildings and dwelling houses. The provision could require design solutions such as stepping down of buildings, inclusion of upper level setbacks, greater boundary setbacks etc.

 

5. Building Materials and Finishes

·    DCP be amended to provide more design guidance as to the external materials and finishes of buildings. The DCP should promote a palette of materials, finishes and design elements that are in harmony with the natural landscape and complementary with the bushland setting of the Study Area. This includes encouraging roof form articulation.

 

In addition to including the above proposed DCP amendments, draft objectives for the Mowbray Precinct are to be included in the draft DCP for exhibition as listed below:-

 

1.   To preserve and enhance the landscape character of the area and provide for future significant vegetation, such as large and medium sized trees;

2.   To enhance the amenity of the existing and future residents in the precinct; and

3.   To provide an appropriate transition between adjoining high and low density residential uses.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to inform the public regarding the detailed controls agreed on in principle by Council. Any comments received will be reviewed and evaluated to determine the final form of the DCP’s Mowbray Precinct section.

 

Method

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and community groups

Key community associations

Lane Cove Community

Proposed Medium

Advertisement, Press Release and

eNewsletter

Notification Letters

 

Public and Website Exhibition,

 

Indicative Timing

September - October

September - October

September - October

Conclusion

 

The recommendations from the Masterplanning Study, prepared by JBA Planning, have been outlined above and are proposed to be incorporated into the DCP.

This is considered to be a technical exercise as the recommendations of the Strategic Review have been agreed upon already by the DOPI and Council. Currently, the process is that Council is being requested to formally adopt the draft DCP changes for the purposes of public exhibition. After exhibition, a report will then come to Council considering any submissions lodged during the exhibition period, and Council can determine the DCP in its final form. The purpose is to provide controls consistent with the LEP which is imminently to be finalised. No further approval by the DOPI is necessary.

 

RECOMMENDATION

 

That Council:-

 

1.Adopt for the purposes of public exhibition the following DCP Draft Amendments for the Mowbray Precinct for a period of six weeks:-

 

a)   Objectives: -

i.          To preserve and enhance the landscape character of the area and provide for future significant vegetation, such as large and medium sized trees.

ii.          To enhance the amenity of the existing and future residents in the precinct.

iii.         To provide an appropriate transition between adjoining high and low density residential uses.

b)   A maximum number of residential storeys applies relating to the LEP height limits as follows:

i.          LEP maximum height 14.5m – 4 residential storeys

ii.          LEP maximum height 17.5m – 5 storeys, subject to c) below.

c)   Any 5th storey is to have a maximum of 50% floor area of the storey below, and be set back 3m from that lower storey’s building line.

d)   A minimum deep soil area of 40% of the site is to be provided for residential flat buildings.

e)   Tree retention is to be encouraged eg, with flexibility regarding setbacks (subject to the amenity of neighbouring properties), tree replacements and driveway design avoiding tree loss on Council land.

f)    Development applications at the interface between the high and low density residential zones are to demonstrate that the amenity of adjacent houses has been a design consideration eg, by stepping-down of buildings, inclusion of upper level setbacks, increased setbacks and/or other approaches.

g)   Development application are to be in character with the palette of materials, finishes and design elements that are in harmony with the natural landscape and complementary with the bushland setting of the Precinct. In addition, roof form articulation is encouraged.

2. Undertake consultation in accordance with the Consultation Strategy outlined in this report.

3. Receive a further report on the results of consultation

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 20 August 2012

Review of State Emergency Services Funding

 

 

Subject:          Review of State Emergency Services Funding    

Record No:    SU199 - 38944/12

Division:         Corporate Services Division

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

The State Government has released a discussion paper on reforms to the funding model for emergency services. It proposed to abolish the current system and introduce a property based levy, collected by local government on behalf of the State Government. The changes proposed are supported as they would make the system, fairer, simpler and more efficient. It is recommended Council make a submission in support of the proposal.

 

Background

 

The way emergency services are funded “in NSW is complicated, inefficient and unfair. The bulk of funding (73.7 per cent) is provided by a tax on insurance companies, while the remainder of the funds are provided by local governments (11.7 per cent) and the State Government (14.6 per cent).”

 

The tax on insurance companies refers to the Fire Services Levy charged by companies on policies which is subsequently remitted to the State Government. This concept dates back in time to when insurance companies funded fire brigades as a means of mitigating loses. The charge on councils is levied under the Fire Brigades Act and Emergency Services Act. The % of the total expenditure payable by local government is prescribed in the legislation, and a council’s contribution is based on to the current 5-year average of the total land values of all rateable land.

 

“While emergency services work to prevent or limit physical damage, the current funding system provides disincentives to prepare for the financial consequences of fire and emergencies. The tax on insurers increases the price of insurance, leading some people to under-insure and others not to insure at all.

 

Thirty-six per cent of households in NSW do not have home contents insurance, a higher proportion than in any other State. This makes the current system unfair because not everyone contributes through the tax on insurance; however, the fire and emergency services are available for all. A better and fairer system would spread the costs across the whole community”.

 

Discussion

 

The State Government has released a discussion paper on reforms to the funding model for emergency services which is available at http://haveyoursay.nsw.gov.au/ESL. Comments are sought by 8 October 2012, with the Government proposing to make a decision towards the end of 2012. In summary, it is proposed to abolish the current system and introduce a property based levy, collected by local government on behalf of the State Government. If the services are not funded from the State’s general tax revenue, then this is considered to be a more equitable system, in terms of spreading the cost across the whole community. This type of model is now used in most other mainland states.

 

This initiative would save Council $750,000 per year, although this they be reduced if there is a fee payable by Council on the properties it owns. If this is the case, then it is appropriate that all properties including currently non rateable properties, such as State owned properties and religious institutions also pay. The document is silent on this issue and therefore is appropriate for inclusion in a submission.

 


The following table outlines the issues raised in the Discussion Paper and the suggested response.

 

Issue

Comments

1. Which of the following revenue sources associated with emergency services funding should be replaced by a property levy:

a) The emergency services levy payments by insurers and the associated stamp duty;

b) Local government contributions; or

c) The portion of emergency services funding currently provided from general NSW government revenue?

If the services are not funded from the State’s general tax revenue, then this is considered to be a more equitable system to introduce a property value based system, which spreads the cost across the whole community.

It is considered appropriate that the levy be placed on all properties, including currently non rateable properties, such as State owned properties and religious institutions, as all properties have equal access to emergency services.

2. Should a property levy be raised as a fixed amount per property, as a proportion or percentage of property value, or some combination of the two?

A levy based on property values is considered appropriate to have some regard to capacity to pay, in the same way the levy on the Insurance Policy reflected the value/cost of the policy. The impact of an ad valorem property levy on the highest valued properties could be reduced by imposing a cap on the maximum amount payable in respect of any individual property.

3. Should different rates of tax be applied to different property types?

Agree with the discussion paper, a common rate of tax applied to all property types regardless of use is considered to be simple and efficient.

4. Should different tax rates be applied in different parts of the State? If revenue amounts are zoned geographically, where should the boundaries of those zones be?

Agree with the discussion paper, a common rate of tax applied across the State is considered to be simple and efficient.

5. Should some proportion of emergency services funding be raised as an annual charge on vehicle registration?

Agree with the discussion paper, there are reduced collection costs from a single collection source.

6. Should pensioners receive concessional rates for a new property levy that funds emergency services?

A concession is supported to have regard to a pensioner’s capacity to pay.

7. How should the revenue target be set each year to take account of changing costs of fire and emergency services?

Having “a revenue target with automatic escalation (i.e. an ad valorem rate that is constant over time, or a fixed fee that is indexed to inflation) would provide greater certainty to taxpayers about their future tax obligations”. However, this would create same problem faced by Council’s with Rate pegging, over time there may be an increasing difference between the tax paid and the cost of emergency services. An annual Budget determined under IPART is considered preferable.

8. Should revenue from a land based levy be collected by local governments or the Office of State Revenue?

Council’s are best placed to collect the tax, a small standard administrative fee would need to be charged by Council’s for administration costs.

9. Is a transitional period required for adjustment of the emergency services levy, and, if so, how should any funding gap arising from a transitional period be recovered?

In the interests of keeping the levy simple and efficient, the scheme could be introduced from 1 July, and allow consumers and insurance companies to work out any pro-rata adjustments. The quantum’s involved are unlikely to make the average person change their renewal behaviour.

10. What arrangements are needed to ensure that any reductions in insurance taxes are passed on to consumers?

The report notes, “There is no evidence to suggest that when Western Australia and South Australia abolished their fire services levies on insurance companies that insurance companies took advantage of reduced taxes to increase their profit margins”. As the FSL is shown separately on the premium calculation there is a level of transparency to ensure savings are passed on.

 

Conclusion

 

The changes proposed to the funding model for emergency services in NSW are supported as they would make the system, fairer, simpler and more efficient.

 

 

RECOMMENDATION

 

That Council make a submission in support of the proposed changes to the funding model for Emergency Services as outlined in the report.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Discussion Paper available at http://haveyoursay.nsw.gov.au/ESL.

Electronic Only

 

  


Ordinary Council Meeting 20 August 2012

Lane Cove Traffic Committee Meeting held Tuesday 17 July 2012

 

 

Subject:          Lane Cove Traffic Committee Meeting held Tuesday 17 July 2012    

Record No:    SU1326 - 39630/12

Division:         Open Space and Urban Services Division

Author(s):      Nick Karahlis 

 

 

Executive Summary

 

The Lane Cove Traffic Committee Meeting was held on Tuesday 17 July 2012.  The Agenda is included as AT-1.  The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Agenda - Lane Cove Traffic Committee 17 July 2012

22 Pages

AT‑2 View

Minutes - Lane Cove Council Traffic Committee 17 July 2012

4 Pages

 

 


Ordinary Council Meeting 20 August 2012

Market Square Development Status Report and Financial Summary

 

 

Subject:          Market Square Development Status Report and Financial Summary     

Record No:    SU220 - 41786/12

Division:         General Managers Unit

Author(s):      Tony Fazio 

 

 

Executive Summary

 

This report updates Councillors on the registration of the Stratum Plan and associated Building Management Statement and associated leases for Lane Cove Market Square. The report also provides an overview of the relationship between the original and the expected financial benefits to Council.

 

The Stratum Plan consists of 6 lots being:-

Lot 1                Carpark;

Lot 2                Library;

Lot 3                Supermarket and Retail;

Lot 4                Gymnasium;

Lot 5                Link Road; and

Lot 6                Arcade.

 

Lots 3, 4 and 6 are subject to a long term lease to Woolworths Limited.

 

It is recommended that the report be received and noted.

 

Background

 

The proposal for a development between Woolworths Limited, Fabcot P/L (the development company owned by Woolworths) and Council began in 2002 at a time when Council was considering an open multi deck above ground carpark behind the Lane Cove Library.  Negotiations continued until the development deed was signed on 6 July 2004. 

 

Following a protracted 3rd party appeal, in 2007 Woolworths lodged applications to modify their consent and lodged a new application to replace the 10 residential units with a gymnasium.  On 8 January 2009 a Variation Deed incorporating a Varied Development Deed was signed to include a gymnasium in lieu of the residential units.   The commercial terms of the Variation Deed were the subject of a previous report to Council.  Three important features of the variation deed were a reduction of $1,350,000 in the amount payable by Council toward the carpark construction, the capping of Council’s exposure to the cost of the Library Shell and the retention in fee simple of the gymnasium lot in addition to the supermarket, retail and arcade lots.

 

On 26 November 2009, the Lane Cove Market Square Supermarket commenced trading, although a number of matters required addressing before practical completion was certified on 26 February 2010.

 

The Library component was handed over to Council on 12 October 2009 and its fitout was completed in 2 stages and officially opened on Friday, 9 July 2010.

 

The development commenced in April 2008 and was completed on 26 November 2009 with the facility handed over to Council following the official opening.

 

 

 

 

Discussion.

 

The Market Square development has been positively received by the community and has without doubt, enhanced the level of activity in the Village.

 

Since opening, the process of finalising the documentation has been ongoing commencing with the tedious task of accurately defining the boundary and height limits of the stratum lots, the final Stratum Building Management Statement to be lodged with the Stratum Plan and the associated lease documentation.

 

During this process, the dispute resolution provisions in the Varied Development Deed were triggered in relation to the cost apportionment of the shared facilities, the provision of adequate power supply to the Library, the cost adjustment for raising the library floor and related matters. 

 

Under the Expert Determination Deed, on 19 May 2011 the Independent Expert, Mr Barry A Tozer, determined the full cost apportionment of the Shared Facilities and awarded in favour of Council the cost of $55,000 (excluding GST) to upgrade the power supply to the Library, and the compensation cost of $40,300 (excluding GST) to raise the height of the Library floor by 160mm.

 

In perspective the shared facilities are not extensive and their cost apportionment is considered satisfactory and favourable to Council and will ensure considerable cost savings through out the life of the facility.

 

In respect of the power supply to the Library, as the supply provided by Woolworths was only 400 Amps, Council negotiated with the Department of Education and Communities on behalf of the Lane Cove Public School through the BER program to share in the cost of providing an additional substation within the public school site opposite the Library and for Ausgrid to provide 800A supply via a 630 Amp breaker to the Library.  Council’s cost share for the installation of the substation totals $76,280 (excluding GST) and reconfiguring the supply from the substation has been offset by costs awarded to Council by the Independent Expert. 

 

There were a number of minor defects which Council brought to the attention of Woolworths following the opening of the Centre. The defects related to the malfunctioning of the electronic traffic counting systems and display panels in Austin Street and Link Road; installation of separate electrical metering for travelators, construction of a new pedestrian crossing in Austin Street, other general building matters.  Funds totalling $ 40,299 (excluding GST) were deducted from final payment to Woolworths to cover the cost of the repair works. 

 

Registration of Documents

 

The Stratum Subdivision, Section 88B Instrument, Energy Easements, Building Management Statement and related documentation were lodged with the Lands Titles Office on 11 July 2012 and are awaiting registration. The Supermarket, Retail and Gym Leases have been executed. These documents are consistent with the Varied Development Deed.

 

Financial Position

 

It is fair to consider that without the arrangements contained in the Development Deed and subsequently in the Varied Development Deed, that Council would not have the benefit of a first class Library facility and additional car parking within the Village.

 

In net Present Value terms, the proposal represented a positive return to Council.  The changes made associated with the inclusion of the Gymnasium increased the return by decreasing Council’s contribution to the car parking ($1,350,000), by capping Councils liability for the construction of the shell, and by Council retaining ownership of the gymnasium lot in fee simple at the end of the lease period.

 

Lease payments of $200,000 pa with regular rent reviews every 5 years (first review to occur in 2014) and car park contribution payments of $27,476 pa, adjusted to CPI annually commenced on 26 November 2009.

 

Given the intangible positive benefits from more people shopping in Lane Cove, owning a facility now valued in excess of $67 million, providing 314 public premium car parking spaces and combined with the benefits outlined above, Council is financially better off than expected in the original proposal.

 

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 20 August 2012

4th Quarter Review of the 2011-2013 Delivery Program & Operational Plan

 

 

Subject:          4th Quarter Review of the 2011-2013 Delivery Program & Operational Plan    

Record No:    SU238 - 38242/12

Division:         Corporate Services Division

Author(s):      Ian Naylor 

 

 

Executive Summary

The report outlines Council’s 4th Quarter progress on the activities and projects listed in the Delivery Program and Operational Plan.  It is recommended that the report be received and noted.

Discussion

This report discusses the highlights of the fourth quarter in 2011-2012 and provides a detailed analysis of the fourth quarter progress against the performance measurements adopted by Council in the 2011-2013 Delivery Program and Operational Plan, shown attached as AT-1.  A continuing feature of the review is, where applicable, a cumulative year-to-date figure is provided for performance measures. 

Some of the highlights for the quarter include:-

·      Autumn Harmony Festivals (April - June).

·      Shorefest was held and was well attended by over 2,000 young people (April).

·      Efficient Energy Lighting was installed at Blackman Park (April)

·      A retaining wall was constructed in Warraroon Reserve (April).

·      New Customer Request Management system implemented (May).

·      Captured Photography Competition conducted (May)

·      Council’s Development Application for the Little Lane Development was submitted (June).

·      Project Management Training for Managers and Manual Handling Training for all staff (June).

·      Solar panels were installed at Kindy Cove, Lane Cove Occasional Childcare Centre and the Seniors Centre (June).

·      Workshops were conducted for Lane Cove Community Organisations on the topic of ‘Using Social Media in Your Organisation’ (June).

·      The upgrade of Goodlet Reserve was completed (June).

·      Cricket nets at Kingsford Smith Oval expanded and upgraded (June).

·      Bicycle Paths along River Road West and Penrose Street were constructed (June)

·      Council’s Environmental Trust Grant application was successful, with $238,338 to be received over 6 years to link Endangered Ecological Communities along the Lane Cove River (June).

 

RECOMMENDATION

 

That the 4th quarter review of the 2011-2013 Delivery Program and Operational Plan be received and noted.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

4th Quarter Review of 2011 - 2013 Operational Plan

50 Pages

 

 


Ordinary Council Meeting 20 August 2012

Council Snapshot

 

 

Subject:          Council Snapshot     

Record No:    SU220 - 41933/12

Division:         General Managers Unit

Author(s):      Millie Stephen 

 

 

Executive Summary

 

Attached for the information of Councillors is a review of Council’s recent activities, entitled Council Snapshot.  This report provides a summary of the operations of each division.

 

 

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Council Snapshot

65 Pages

 

 

 


Ordinary Council Meeting 20 August 2012

End of Term Report

 

 

Subject:          End of Term Report    

Record No:    SU240 - 41321/12

Division:         Corporate Services Division

Author(s):      Ian Naylor 

 

 

Executive Summary

 

The Integrated Planning legislation passed by the State Government in 2009 requires that at the end of each Council term a report be presented to the last Council Meeting detailing the achievements of that Council Term and outlining how the Community is progressing towards achieving the goals outlined in the Community Strategic Plan. It is recommended that this report be received and noted.

 

Background

 

In 2009 the NSW State Parliament unanimously voted to introduce Integrated Planning and Reporting (IP&R) reforms within the Local Government Act. These reforms have made it compulsory, among other things, for councils to adopt long term Community Strategic Plans (CSPs) on behalf of their community. The plans are meant to express the entirety of their community’s aspirations for the future, not just those aspirations that a council may be able to satisfy. They are required to be genuinely long term with a life span of at least ten years. In addition each council must also develop a Delivery Program and Operational Plan which outlines the actions to be undertaken to implement the CSP.

 

Council during 2009-2011 developed through extensive consultation the Community Strategic Plan, Lane Cove 2025, which outlines the vision for the Lane Cove community. Lane Cove 2025 is comprised of goals, objectives and strategies for each of the six planning themes Our Society, Our Built Environment, Our Natural Environment, Our Culture, Our Economy and Our Council. Lane Cove 2025 was adopted in May 2011 and Council subsequently has adopted Delivery Program and Operational Plans for the past two years.

 

Under the legislation, each council is required to report on the progress of these plans to the community. Each quarter Council reports on the progress of achieving the actions in the Delivery Program and Operational Plan. At the end of each council term, an End of Term report must be prepared that outlines the achievements for that council term and how the Community is progressing towards achieving the goals outlined in the Community Strategic Plan.

 

Discussion.

 

During this term (September 2008- September 2012), Council has experienced major changes in Local Government with changes to the planning system, the requirement to develop and implement long term asset and financial plans, being more sustainable in everything we do and a focus on improving our infrastructure and ensuring our long term financial sustainability.  A video has been developed highlighting the major achievements during the Council Term and this can be viewed at Council’s website www.lanecove.nsw.gov.au.

 

In addition to the video an End of Term report for Lane Cove Council has been prepared and is shown attached as AT 1. The report highlights the major achievements during the Council Term categorised under the planning themes of Lane Cove 2025, provides data on the key performance indicators listed in the Community Strategic Plan and discusses the Community’s performance in achieving the goals listed in Lane Cove 2025. A copy of the report will be published on Council’s Website and displayed at the Council Civic Centre and Lane Cove Library.

 

 

 

RECOMMENDATION

 

That Council receive and note the End of Term Report.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

End of Term Report

18 Pages