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Agenda

Ordinary Council Meeting

21 August 2017

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.

 

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Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, 48 Longueville Road Lane Cove on Monday 21 August 2017 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Deborah Hutchens. 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 on 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 on 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 Executive Manager on 99113511.

 

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 21 August 2017

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.       Mayoral Minute - General Manager's Performance Review for 2016/17

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 and as the report contains personal information about the performance of a staff member. 

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 17 JULY 2017

 

Mayoral Minutes

 

3.       Mayoral Minute - Pinaroo Place land acquisition for expansion of the existing park at the corner of Kullah Parade and Mindarie Street, Lane Cove North

 

Orders Of The Day

 

Officer Reports for Determination

 

4.       Park Design - Pinaroo Place / Kullah Parade

 

5.       Planning Proposal No 27 - Open Space Rezonings - 10 -20 Pinaroo Place, 1 Girraween Avenue and 552 Mowbray Road

 

6.       Discontinuance of Council Mergers

 

7.       Epping Road Gardens

 

8.       Reducing Single Use Plastic Bags in the Community

 

9.       Financial Assistance Grants -  Additional Funding 2017

 

10.     Policy Review - Phase 2

 

11.     DCP Review - Inclusion of Policies

 

12.     July 2017 Traffic Committee Meeting

 

13.     Asset Management Framework

 

14.     Annual Financial Statements for 2016/2017 -  Referral for Audit

 

Officer Reports for Information

 

15.     4th Quarter Review of the Delivery Program and Operational Plan

 

16.     Council Snapshot  

 

 

 

 

          


 

Ordinary Council Meeting 21 August 2017

Mayoral Minute - Pinaroo Place land acquisition for expansion of the existing park at the corner of Kullah Parade and Mindarie Street, Lane Cove North

 

 

Subject:          Mayoral Minute - Pinaroo Place land acquisition for expansion of the existing park at the corner of Kullah Parade and Mindarie Street, Lane Cove North    

Record No:    SU6135 - 47059/17

Division:         Lane Cove Council

Author(s):      Councillor Deborah Hutchens 

 

 

Councillors

 

It is my great pleasure to advise that Council has reached agreement with the NSW Government for Council to acquire six properties in Pinaroo Place, to allow the expansion of the existing park at the corner of Kullah Parade and Mindarie Street, to create a single large park of approximately 6,300sqm.

 

This is a much needed addition to open space in the area, which is essential to cater for the recreational needs of the ‘Mowbray Precinct’, which has seen a significant population increase from the new developments.

 

Council first commenced the process to acquire the sites from the NSW Land and Housing Corporation in 2013 in line with the 2011 JBA Mowbray Road Precinct, Master Planning Study. Unfortunately the original agreed timeframe to complete the transfer of land by 30 June, 2016 did not occur. Through this period former Mayors, staff and I made a number of representations stressing the importance of this acquisition to our community.

 

Council’s perseverance has ultimately paid off with advice on the 15 August 2017, that the transaction can proceed. In summary, the transaction involves:-

 

1.    As per the 2011 JBA Mowbray Road Precinct, Master Planning Study, a land exchange of (1,332sqm) of park at Girraween Avenue for an additional area (4,055sqm) of land currently comprising six single residences at Pinaroo Place;

2.    A Planning Proposal will be lodged to rezone and reclassify to Operational Land the existing park on Girraween Avenue (1322sqm), from RE1 Public Recreation to R4 High Density with a height limit of 5 storeys;

3.    To provide a replacement pocket park in proximity to Girraween Avenue, a Planning Proposal will be lodged to rezone 552 Mowbray Road (697sqm) from R4 High Density to RE1 Public Recreation; and

4.    Subject to the receipt of a Development Application, Council will advertise its intention to enter into a Voluntary Planning Agreement for one additional floor for the development site 20 -22 Mindarie and 30 Pinaroo Place as a partial offset of the land transfer.

 

These elements have been negotiated on the basis of like-for-like value and will be the subject of a Deed which allows Council to proceed with construction of the park under a lease arrangement whilst the various elements of the transaction occur.  Council in its 2017/18 Budget included funding for the construction of the park which means consultation can now commence on the park design before a tender process to construct the park is undertaken.

 

This new park is ultimately being made possible due to the partnership approach achieved between the NSW Government and Council to deliver infrastructure which is essential for our growing community. It will ensure the residents of the Mowbray Precinct enjoy access to open space which is of a scale that caters for the increased population in the precinct.

I am proud of Council’s record in delivering new open space for our growing community, with over 18,000sqm of open space acquired since 2010 with the inclusion of the Pinaroo Place properties. Council’s next key project to provide for our community will be the Rosenthal Project, which will see some 4000sqm of public space added to the Village, including a 1100sqm Village Green.

 

 

RECOMMENDATION

 

That:-

 

1.         Council proceed with the construction of a new expanded park at the corner of Kullah Parade and Mindarie Street incorporating the six properties in Pinaroo Place;

 

2.         Council proceed with the construction of a new pocket park at 552 Mowbray Road;

 

3.         Council as part of the consultation in relation to the design of the two parks also seek name suggestions from the community for both parks;

 

4.         Council thank the local Member, The Hon. Anthony Roberts MP, for his assistance and support in developing a partnership approach between the NSW Government and Council to deliver the new expanded park; and

 

5.         Council record a vote of thanks to all Councillors, staff and members of the community who persevered to see the transaction proceed.

 

 

 

 

 

 

Councillor Deborah Hutchens

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

            


 

Ordinary Council Meeting 21 August 2017

Park Design - Pinaroo Place / Kullah Parade

 

 

Subject:          Park Design - Pinaroo Place / Kullah Parade    

Record No:    SU6441 - 47719/17

Division:         Open Space and Urban Services Division

Author(s):      Ted Webster 

 

 

Executive Summary

 

Council has been advised NSW Land and Housing Corporation have agreed to a land transfer and VPA arrangement to allow a new expanded park to be constructed Pinaroo Place / Kullah Parade park. It is proposed to incorporate part of the existing Pinaroo Place Road reserve into the park, which will require a partial road closure. To partially offset the loss of Girraween Reserve, it is proposed to create a new Pocket Park at 552 Mowbray Road, which was acquired by Council under a VPA. Draft designs have been prepared for both parks for the purposes of consulting with the community. It is recommended to commence the consultation process and partial road closure of the southern end of Pinaroo Place.

 

Background

 

The Mowbray Precinct was rezoned from R3 medium density zoning to R4 high density in January 2013. Council objected to the rezoning it the time, but the Department of Planning proceeded with the rezoning. Council subsequently lobbied the Director General of the Department of Planning at the time for a joint planning and traffic study to assist in reviewing the LEP and the need for any amendments. The 2011 JBA Mowbray Road Precinct, Master Planning Study outcomes ultimately led to a revised rezoning of the Mowbray Precinct - new zonings of 1.6:1 & 14.5m (4 Storeys) for eastern area and 1.8:1 & 17.5m (5 Storeys) for western area.

 

The study also identified that 10-20 Pinaroo Place were affected by bush fire and riparian zones, and as such could not be developed as high density residential. As these properties adjoin Council’s existing park at the corner of Kullah Parade and Mindarie Street, houses 10, 12, 14, 16, 18 and 20 were identified for a proposed land swap with 1 Girraween Avenue in order to build a large central park to provide for the population increase. The houses proposed for the swap are owned by the NSW Land and Housing Corporation.

 

Negotiations commenced in 2014 for the land swap to occur. Council was advised on 15 August 2017 that the swap can proceed in conjunction with a Voluntary Planning Agreement for one additional floor for the development site 20 -22 Mindarie and 30 Pinaroo Place (also owned by Land and Housing Corporation) as a partial offset of the land transfer.

 

This report outlines the next steps in relation to the delivery of the Pinaroo Place / Kullah Parade park. To partially offset the loss of the Girraween Avenue Pocket Park, it is proposed to create a new Pocket Park at 552 Mowbray Road, which was acquired by Council under a VPA. A draft design has also been prepared for the Pocket Park for consultation.

 

Discussion

 

A draft park Masterplan for the Pinaroo Place / Kullah Parade site (Refer AT-1 and AT-2) has been developed for the purpose of consultation having regard to the following:-

 

·    Thematic design;

·    Integration with the existing Batten Reserve;

·    Proximity to Bushland and Riparian Zone;

·    Tree Preservation;

·    Community needs; and

·    Access.

 

The park has been designed to accommodate active recreation pursuits including a small field for ball games, a multi-court, half court basketball court, and a bicycle / scooter pump track. Passive recreation is also accommodated with picnic areas and play equipment. A small amenities building will also be provided for park users.

 

The six lots being acquired total 4055sqm, when combined with the existing park. To regularise the shape of the park it is proposed to remove the existing cul-de-sac at the southern end of Pinaroo Place, and replace it with a turn bay and parking.  When combined with the existing park, the new park will be 6317sqm.

 

To facilitate the closure of the cul-de-sac (refer to Plan at AT-4), in accordance with the Memorandum of Understanding (MOU) between Council and the NSW Department of Industry – Lands who are the ultimate consent authority for the closure of roads and laneways under the Roads Act, it will be necessary for Council to initially consult the community on the proposal. Consultation includes placing an advertisement in a local newspaper, providing notice to all adjoining owners and other properties deemed to be affected by the proposal, notices placed in the street and serving notices on all agencies affected by the closure. Following the community consultation period, any comments and objections must be reported back to Council for consideration in determining whether to support the proposal and make application to the NSW Department of Industry-Lands to close southern end in determination of the proposal.

 

A draft design has also been prepared for the proposed Pocket Park at 552 Mowbray Road for consultation which is included as AT-3. It is proposed to relocate the play equipment in Girraween Reserve which is in good condition and provide seating and landscaping to provide a passive recreation space.

 

The Deed between Council and NSW Land and Housing Corporation allows Council access to the site pending resolution of the rezoning, land transfer and VPA matters. Funding has been provided in the 2017/18 Budget to enable the project to proceed, which will include the following stages:-

 

1.    Demolition;

2.    Fill and Leveling; and

3.    Construction.

 

Community Consultation Strategy

 

Statement of Intent

 

Park - The consultation is designed to communicate the design feature of the Draft Master Plan for the expanded park.  Any comments received will be reviewed and evaluated to determine whether changes should be made to the final park design.

 

Road Closure - The consultation is designed to seek public opinion on the proposal to close part of the southern end of Pinaroo Place to incorporate part of the road reserve into the expanded park as outlined in this report. Any comments received will be reviewed and evaluated to determine whether or not to proceed with an application to the Department of Industry-Lands to close part of Pinaroo Place.


 

Method

 

Level of Participation

Inform

 

Involve

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community

 

Key message givers e.g.; local residents associations, BMAC

Lane Cove Community

Proposed Medium

Community newsletter; Public exhibition; Signs at existing park

Email

Website survey; Letterbox drop

Indicative Timing

1 September 2017

1 September 2017

1 September 2017

 

Conclusion

 

Once the acquisition of the six residential lots is complete, there is a rare opportunity to create expanded parkland for the community to use for many uses such as relaxation, bush walking, open air education, active play, and countless other activities that will service the Mowbray Precinct community.

 

 

 

RECOMMENDATION

 

That :-

 

1.         Council undertake consultation in relation to the designs outlined in the report for the proposed expanded park at Pinaroo Place / Kullah Parade and new pocket park 552 Mowbray Road;

 

2.         A further report be submitted to Council following the outcome of the consultation process for the park designs;

 

3.         Public notification commence to close part of the southern end of Pinaroo Place, namely the existing cul-de-sac, as outlined in AT-4, in accordance with the Memorandum of Understanding dated April 2006 with the NSW Department of Primary Industry-Lands; and

 

4.         Following public consultation, receive a further report outlining the submissions received with respect to the proposed partial road closure and for determining whether to proceed with an application to NSW Department of Primary Industry-Lands.

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Pinaroo Masterplan

25 Pages

Available Electronically

AT‑2View

Pinaroo Landscape Plan

1 Page

 

AT‑3View

552 Mowbray Road Landscape Plan

1 Page

 

AT‑4View

Pinaroo Place Proposed Partial Road Closure Plan

1 Page

 

 

 


 

Ordinary Council Meeting 21 August 2017

Planning Proposal No 27 - Open Space Rezonings - 10 -20 Pinaroo Place, 1 Girraween Avenue and 552 Mowbray Road

 

 

Subject:          Planning Proposal No 27 - Open Space Rezonings - 10 -20 Pinaroo Place, 1 Girraween Avenue and 552 Mowbray Road    

Record No:    SU6268 - 44807/17

Division:         Environmental Services Division

Author(s):      Terry Tredrea; Christopher Pelcz 

 

 

Executive Summary

 

The JBA Mowbray Precinct Master Planning Study (AT- 1) in December 2011 recommended that Council and Housing NSW undertake a land swap with respect to Council’s existing open space at No. 1 Girraween Avenue (1,332 m2) and Housing NSW’s residential land at No 10-20 Pinaroo Place (4,055 m2).

 

Council has now reached agreement for the land transfer to occur, subject to conditions, and the purpose of this report is to confirm that Council will lodge a Planning Proposal that will give effect to the recommendations of the endorsed Master Plan study by:-

 

·         rezoning the public park at 1 Girraween Avenue, Lane Cove North (Lot 141 DP 222997), from RE1 Public Recreation to R4 High Density with a height limit of 17.5m and FSR of 1.6:1;

·         seeking to reclassify the Community Land, 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land; and

·         removing the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”.

 

In addition, as a result of an endorsed Planning Agreement between Lane Cove Council and the owners of 552 Mowbray Road for dedication of the site for the agreed public purpose of “the establishment of community land to be used as open space”, this report is to confirm that Council will lodge a Planning Proposal:

 

·         rezoning 552 Mowbray Road (Lot 5 DP 10892) from R4 High Density to RE1 Public Recreation and removing current FSR and Height.

 

 

Background

 

In response to the increased residential density in the Mowbray Road Precinct, the JBA Mowbray Precinct Master Planning Study (AT- 1) in December 2011 reviewed the 2010 Comprehensive LEP R4 zones with the aim of resolving height controls and identifying the open space needs in the Precinct to meet the anticipated population increase.

 

The Master Plan recommended that Council and Housing NSW undertake a land swap with respect to Council’s existing open space at No. 1 Girraween Avenue (1,332m2) and Housing NSW’s residential land at No 10-20 Pinaroo Place (4,055m2).

 

The proposed outcome would enable a larger, more useable open space recreation area by integrating the Pinaroo Place properties with the existing open space at the corner of Kullah Parade and Mindarie Street. In return, No. 1 Girraween Avenue would be developed for residential purposes (R4).

 

Subsequent to this, a property at 552 Mowbray Road (697m2) was acquired by Council under a Voluntary Planning Agreement (VPA) which is in close proximity to 1 Girraween Avenue, which can be developed as a pocket park to partially offset the loss of the Girraween Avenue site.

 

Since the adoption of the 2011 Master Planning Study, approximately 1087 residential apartments either have been built or are in the process of construction. In total, more than 1,500 dwellings will potentially be built in the precinct, creating a need for more open space for residents of the precinct.

 

 

Discussion

 

The purpose of these amendments is to facilitate an increase in the quality and quantity of recreational land in a precinct that is currently experiencing significant population increase as a result of moving from R2 Low Density to R4 High Density Residential.  The impact on the amount of open space in the precinct will be as follows:-

 

·    1 Girraween Avenue                           -1332 m2

·    10 to 20 Pinaroo Place                       +4055 m2

·    Pinaroo Partial Road Closure             +389m2

·    552 Mowbray Road                            +697 m2

Total Increase in Open Space               +3809m2

 

This Planning Proposal seeks to amend the Lane Cove Local Environmental Plan 2009 (LEP 2009) with respect to three sites. The objectives and outcomes are addressed under the heading of each site as follows:

 

A.    1 Girraween Avenue

 

The reserve at 1 Girraween Avenue is located to the eastern end of the Mowbray Precinct, adjacent to a Land and Housing Corporation residential flat building. Records indicate that the 1,332 m2 of land was dedicated to Council by the Department of Housing in 1967. The land has limited utility and is currently used as a pocket park. The land is undulating which restricts activities, offering only up to a third of the land as usable recreational space. It has poor solar access in part due to vegetation, the Land and Housing Corporation units overshadowing to the west highlights a south facing slope. It is considered to have medium to low amenity as a park within a high density housing precinct.

 

To facilitate a land exchange, it will be necessary to rezone the Reserve from RE1 Public Recreation zone to R4 High Density Residential.  In order to be consistent with the adjoining residential flat building, the FSR and height of building is recommended at 1.6:1, and 17.5m, respectively. Council would also need to reclassify the Reserve from Community land to Operational land.

 

B.                10 to 20 Pinaroo Place

 

Pinaroo Place is a cul-de-sac, partly containing the six residences zoned RE1 (Public Recreation) in 2013, comprising a land area of 4,055m2. To the north-east of the RE1 residences is a small park (1796m2) commonly known as Kullah Parade Playground. Pinaroo Place is centrally located in the precinct to provide much needed additional open space which can be integrated with the existing playground and has the potential to be further expanded through a reconfiguration of the existing cul-de-sac in Pinaroo Place. In addition, since the 2013 rezoning, the Rural Fire Service has raised fire safety issues with any residential proposals in Pinaroo Place. RFS consider the current residences are at risk due to their proximity to the flame zone.

 

As the RE1 land in Pinaroo Place will come into Council’s ownership, Council will need to remove 10 to 20 Pinaroo Place from Council’s Land Reservation Acquisition Map.

 

C.               552 Mowbray Road

 

A Planning Agreement was entered into between Lane Cove Council and CE Concepts No 2 Pty Ltd (the owners) for dedication of 552 Mowbray Road (Lot 5 DP10892) (697m2) for the agreed public purpose of “the establishment of community land to be used as open space”. Under Schedule 7, Clause 6 of the Local Government Act, the land automatically became Community Land. Therefore, it is recommended to rezone the land from R4 High Density Residential to RE1 Public Recreation zone, to reflect its intended purpose. The rezoning will involve removing the FSR and Height of Building of this land.

 

In general terms of recreation opportunities surrounding 1 Girraween Avenue, in addition to the 697m2 at 552 Mowbray Road (approximately 130 metres away), it is located in close proximity to open space on the other side of Mowbray Road in the Willoughby LGA (250 metres). The Pinaroo Place Open Space would be located less than 500 metres away.

 

Currently, 1 Girraween Avenue provides a buffer to the rear of the dwelling houses at 38-42 Kullah Parade. This would be addressed as Council’s DCP controls require:

 

 “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 by stepping the building in at least 3m after the second level.”

 

This will require a lower scale interface to the adjacent residential.

 

Community Consultation

 

The first step of the process is to seek Gateway Approval from the Department of Planning and Environment to exhibit the Planning Proposal, which will be undertaken in accordance with the following strategy.

 

Statement of Intent

 

The consultation is designed to ascertain community views regarding the rezoning. Any comments received will be reviewed and evaluated to determine whether or not to proceed with Planning Proposal 27.

 

Method

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and community groups

Property owners

Lane Cove Community

Proposed Medium

Advertisement and

eNewsletter

Notification letters

Public Exhibition and

Website Exhibition.

Indicative Timing

6 weeks

6 weeks

6 weeks

 

Conclusion

 

Council has reached agreement with NSW Land and Housing Corporation (LaHC) for the transfer of land in Pinaroo Place to Council for Open Space purposes. This land is to be supplemented by the existing park at the corner of Kullah Parade and Mindarie Street, to create a single park of approximately 6317m2.

 

To give effect to the land exchange, it is recommended that Council proceed with a Planning Proposal which includes amending the planning controls for the public park on Girraween Avenue, in line with the 2011 JBA Mowbray Precinct Master Planning Study.

 

In addition, 552 Mowbray Road is to be rezoned to RE1 Public Recreation to offset the loss of open space in the immediate vicinity.

 

 

RECOMMENDATION

 

That Council confirm the authority of the General Manager to:-

 

1.   Prepare a Planning Proposal to rezone the public park on Girraween Avenue, Lane Cove North, from RE1 Public Recreation to R4 High Density with a height limit of 17.5m and FSR of 1.6:1;

 

2.   Commence a process to reclassify the public park at 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land;

 

3.   Rezone 552 Mowbray Road from R4 High Density to RE1 Public Recreation; and

 

4.   Remove the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”.

 


 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

2011 Mowbray Road Precinct Master Planning Study

50 Pages

Available Electronically

 

 


 

Ordinary Council Meeting 21 August 2017

Discontinuance of Council Mergers

 

 

Subject:          Discontinuance of Council Mergers    

Record No:    SU5558 - 47529/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

The purpose of this report is to confirm advice of the NSW Government’s decision not to proceed with Council mergers and to advise of Council’s success in the Court of Appeal in relation to Council’s Merger Court action. It will be recommended the report be received and noted and endorse the decision not to proceed with the Poll in relation to mergers.

 

Discussion

 

Premier’s Announcement

 

On the 27 July 2017, the Premier of NSW, Gladys Berejiklian and Minister for Local Government, Gabriel Upton announced that due to the protracted nature of current legal challenges, the council amalgamations currently before the courts will not proceed. Therefore, the following proposed mergers will not proceed:-

·    Burwood, City of Canada Bay and Strathfield Municipal councils;

·    Hornsby Shire and Ku-ring-gai councils;

·    Hunter’s Hill, Lane Cove and City of Ryde councils;

·    Mosman Municipal, North Sydney and Willoughby City councils; and

·    Randwick City, Waverley and Woollahra Municipal councils.

As a result, Local Government elections for all merged councils and the 14 affected by the Premiers announcement will be held on Saturday, 9 September 2017 without the possibility of mergers occurring shortly thereafter.

The term for the new Council will be three (3) years, with the following Council elections held in September 2020, in alignment with those councils who were not merged and conducted elections in September 2016 as per the normal electoral cycle.

The newly elected Council will also be tasked with planning, developing and implementing its Integrated Planning and Reporting framework for a 3 years term to reflect the term of Council. This will include a review of the Community Strategic Plan 2025, Operational and Delivery Plan, Budget and other key strategic documentation which will be addressed in a report to the new Council.

Court Judgement

Subsequent to the NSW Government’s announcement, the Supreme Court – New South Wales Court of Appeal handed down a determination on 31 July 2017 involving five (5) councils including Lane Cove and Hunter’s Hill, allowing the appeals of Lane Cove, Hunter’s Hill and Strathfield, and dismissing the appeals of Mosman and North Sydney.

A copy of the judgment summary is at AT-1. In the Hunter’s Hill and Lane Cove proceeding, the Court found in favour of Council, allowing the appeals on the basis that the Local Government Areas were not a “single area of contiguous land” as required for amalgamation under the Local Government Act. Unlike all other cases which argued on the basis of failure to follow process, the Lane Cove judgement means that a merger of Hunters Hill, Lane Cove and Ryde can never occur without changes to the legislation.

As Council won the Appeal, the Court also made an order that the NSW Government pay the Council’s costs in the hearing before the Land and Environment Court and in the Court of Appeal. Costs to be recovered are currently being finalised with the legal team and are expected to be in the order of approximately $390,000. Typically Council would expect to receive between 70%-80% of the incurred costs back.

Council Poll

Council at its meeting of 15 May 2017 considered a Notice of Motion regarding any Future Merger Court Action and a Proposal to Conduct a Poll in conjunction with the Ordinary Election scheduled for Saturday 9 September 2017. Council resolved in part that:-

“3.        In conjunction with the Local Government elections scheduled for the 9 September 2017, that Council conduct a Poll as described in s14 of the Local Government Act 1993; and

(a)      the General Manager liaise with Hunters Hill and Ryde Councils to aim for consistency across the LGAs with respect to:

i.      the questions to be included in the Poll, and

ii.     the nature and timing of information disseminated to electors.

(b)   the Poll questions be of the form:

i.      Do you want Lane Cove to amalgamate with Hunters Hill and Ryde Councils? Yes/No; and

ii.     Should Lane Cove become amalgamated with Hunters Hill and Ryde Councils, would you support the de-amalgamation of Lane Cove if this choice was available to you? Yes/No.

(c)   the information to be provided to electors for the “YES” case for Poll question (c)(i) should be based upon the merger proposal prepared by the NSW State Government in January 2016.

(d)   for Lane Cove, the mediums to be used to disseminate the Poll information to include:

i.      Lane Cove Council’s website;

ii.     The Village Observer; and

iii.    circulation with rate notices, if practical.”

In relation to the Poll, given the NSW Government’s decision not to proceed with the merger proposal, and the need to advise the Electoral Commission to avoid incurring further costs (circa $35,000), the General Manager in consultation with the Mayor cancelled the conduct of the Poll.

Conclusion

The decision by the NSW Government to discontinue the merger proposal and the favourable determination of the courts brings to an end a number of years of uncertainty for Council and the community.

 

Following the election of a new Council in September 2017, an opportunity now exists for the Council and community to move forward with greater certainty in planning and delivering our goals and objectives through the Integrated Planning and Reporting framework.

 

 

 

RECOMMENDATION

 

That:-

 

1.   Council receive and note the information; and

 

2.   Council endorse the General Manager’s decision not to proceed with the poll on the proposal of amalgamation.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Supreme Court - Appeal Judgement Summary

2 Pages

 

 

 


 

Ordinary Council Meeting 21 August 2017

Epping Road Gardens

 

 

Subject:          Epping Road Gardens    

Record No:    SU1431 - 46575/17

Division:         Open Space and Urban Services Division

Author(s):      Martin Terescenko 

 

 

Executive Summary

 

A petition has been received by Council requesting that the Epping Road Gardens be brought back to a similar standard that was present prior to the construction of the Lane Cove Tunnel.

 

Located between Centennial Avenue and Longueville Road, the Epping Road garden beds formed a local landmark prior to their reconfiguration as part of the above ground works for the Lane Cove Tunnel. With their Azalea mass planting and ‘LANE COVE’ floral display, the beds were a visual expression of local identity and pride.

 

Whilst the signature Azalea garden remains in the upper section of the garden bed, the area containing the floral signage has been significantly modified, precluding Council from reinstating the ‘LANE COVE’ display. This report outlines an alternative to introduce further mass planting of flowering plants within the new sloping planter beds.

 

Background

 

Although Lane Cove Council promotes the use of indigenous, native plants, the colorful display of exotic mass plantings in the garden beds along Epping Road had local cultural heritage significance.

 

Initially, in the 1960’s, there were Azaleas in the upper beds, with a sloping lawn and a flowering annual display with the letters ‘LANE COVE’ spelled out in bedding begonias that were set into grass in the lower bed. Thirty years later, in 1992, the lower beds around the ‘LANE COVE’ sign were mass planted with Azaleas, creating a stunning September show that many still associate with Lane Cove.

 

In 2007, as part of the surface works for the Lane Cove Tunnel project, Epping Road was widened by the RTA (now RMS). This widening drastically reduced the sloping Azalea beds and necessitated the removal of the ‘LANE COVE’ floral display. The RTA landscaping works included some new irrigation in the upper beds, mass planting of ground covers in the lower beds and the installation of tree pits at footpath level. Landscaping did not thrive due to inadequate plant selection, the south facing aspect, a lack of irrigation in the lower beds and difficulty in providing adequate maintenance. Currently the trees planted have survived while the majority of the planting in the lower sloping beds is no longer present.

 

Two traffic signal boxes on the corner of Epping Road and Centennial Avenue are painted with stylised and symmetrical azaleas to form the artwork 'In Bloom'. This reflects the historical role that azaleas have played in welcoming spring, visitors and residents to Epping Road.

 

Discussion

 

Council’s investigation into the history of the garden beds, along with a stock take of their current condition, has determined what plants are and were historically growing in these beds.

 

It is proposed to investigate the possibility of providing a design which will best incorporate the historical plants but also provide a floral display over a longer period throughout the year. To achieve this, rather than having only Azaleas with one annual flowering, it may be possible that Council plant the top beds with Azaleas and the lower beds with alternate Spring/Summer, and Autumn/Winter flowering plants, thusly creating two seasonal displays per year. Hardy species that can tolerate both full sun and shade will need to be chosen. With this concept, Council should be able to create a spring/summer and winter/autumn themed schemes as well as the ‘native gateways’ at either end of this section of Epping Road. Further investigation of the irrigation system will also be required to ensure that it is working and extended so as to ensure adequate irrigation of the plants on the top and lower beds.

 

Unfortunately, the recreation of the ‘LANE COVE’ floral display is unachievable due to the lower garden beds now being narrower and the installation of the tree pits at footpath level making them disjointed and too small.

 

The existing Azaleas species in the upper beds have been there for decades and since their initial planting they have become commercially unavailable. Earlier this year Council’s nursery started a program of taking cuttings from these plants with a view to replanting them when they reach a suitable size. So far, the nursery has taken 300 cuttings which have all taken. These should be ready for planting in winter 2019. It is proposed that this program is continued over the subsequent years affording Council an ongoing supply of Azaleas to top up the upper beds.

 

Prior to the implementation of any new garden bed design, the existing sloping garden beds will need some significant restoration. This is to include removing weeds and repairing any damaged infrastructure; a major task in its self which will take significant planning due to the limited footpath width restricting vehicle parking etc.

 

The maintenance and replanting works proposed in this report will have cost and additional staffing implications, which will need to be considered as part of the design and maintenance strategy.

 

Conclusion

 

The replanting and restoration of the Epping Road Garden Beds is a process which will need to be undertaken over the next three (3) to five (5) years and budgeted and staffed for accordingly. However, it is clear that the current state of these beds should be improved. Therefore, a plan of action needs to be adopted and initiated as soon as possible. It is proposed that Council develop a strategy for restoring and maintaining these garden beds.

 

 

RECOMMENDATION

 

That:-

 

1.   Council receive and note this report; and

 

2.   Council approve the further development of an effective garden bed restoration and maintenance strategy including costs and staffing requirements for the Epping Road Garden beds;

 

3.   The Head Petitioner be informed that Council will be developing a restoration and maintenance strategy for the Epping Road Garden beds.

 

 


 

 

 

 

Martin Terescenko

Manager Assets

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

Epping Road Gardens Illustrative Report

7 Pages

 

 

 


 

Ordinary Council Meeting 21 August 2017

Reducing Single Use Plastic Bags in the Community

 

 

Subject:          Reducing Single Use Plastic Bags in the Community     

Record No:    SU6188 - 43145/17

Division:         Environmental Services Division

Author(s):      David Wilson 

 

 

At Councils Ordinary Meeting of the 17 July 2017, a Mayoral Minute was submitted to Council for its information on the recent decision taken by Coles and Woolworths to ‘ban single use plastic bags’.  Council resolved to:

 

1.         Write to Woolworths and Coles congratulating them on their decision and offer to assist with the early phasing out of plastic bags in Lane Cove.

 

2.         Investigate and report back on expanding our current bag share program.

 

3.         Write to the Minister for the Environment, Hon Gabriel Upton, MP and NSW Premier, the Hon Gladys Berejiklian and Federal Member for North Sydney, the Hon Trent Zimmerman to request a national ban on single use plastic bags.

 

Background

 

Lane Cove Council has been working with the Lane Cove Sustainability Action Group to remove single use plastic bags in our community. This partnership has been in place for the past 5 years, and represents a collaborative approach in addressing this important environmental issue.

 

One of the most important aspects of the partnership is that this program is community driven and run, and is a great example of a sustainable community project that is driving positive community attitudes and behaviors to protect and preserve the amenity of the broader community.

 

Bagshare commenced in 2012/13 by the Lane Cove Sustainability Action Group with regular promotion and support from Council. Whilst there is a high level of familiarity with the program amongst residents who use the free reusable bags available in the bins, greater levels of community engagement both within the LGA as well as at the State and Nationwide level, is sought and encouraged.

 

The recent decision made by retailers Coles and Woolworths to ‘ban’ single use plastic bags in the future is applauded and all retailers who currently dispense single use plastic bags are encouraged to join our community in making a better environment.

 

Discussion

 

Council and the community have worked collaboratively for some years in trying to raise awareness about the use of plastic bags and other problem wastes. As such the recent decision by Coles and Woolworths to ‘ban’ single use plastic bags is a positive response from Australia’s largest retailers in relation to this important issue, and demonstrates some much needed corporate responsibility and leadership in this area.

 

In turn this decision by Coles and Woolworths will have an impact on smaller and medium sized retailers to follow in adopting a similar position on the availability of single use plastic bags.

 

As some background in regards to Councils community support for such environmental initiatives can be demonstrated through the Lane Cove Sustainability Action Group, which was a recipient of funding from the Sustainability Small Levy of $15,000 in 2012/13 to develop the program, construct the Bagshare dispensers and develop promotional materials and the printing of the reusable shopping bags.

 

Currently there are six BagShare bins in our locality including Coles in Lane Cove, Council’s Civic Centre foyer, Figtree IGA, Greenwich IGA and two in the Market Square car park.

 

The availability of bags in the Bagshare bins is dependent on shoppers donating clean bags           (plastic or textile) from home or returning bags they have previously ‘borrowed’. The program is successful in attracting users, although there is a need for more bags to be donated as well as ongoing education to ensure shoppers remember to return the bags.

 

To complement the Bagshare Program, Council is currently assisting in the promotion of the Lane Cove Boomerang Bags Group, which brings together volunteers to sew bags from donated and recycled materials. This initiative will be a positive step towards ensuring the BagShare bins can meet part of the demand from the community/shoppers using Bagshare bags. Bags made through this group will be placed in BagShare bins around the Village with messaging around the bins to encourage users to either return the bags after use or to reuse them instead of single use plastic bags when shopping.

 

Boomerang Bags kicked off in 2013 in Burleigh Heads on the Gold Coast by members of their community looking to decrease the amount of plastic bags being used in their local area and to eliminate plastic bag littering. Currently there are over 100 Boomerang Bags’ communities around Australia and the rest of the world.

 

It is anticipated that with the introduction of the single use plastic bag ‘ban’ by retailers Coles and Woolworths, that the use of the BagShare bins will increase significantly. A successfully run Boomerang Bags group in Lane Cove will assist in ensuring there are enough bags in the bins to meet this demand, whilst using this as a vehicle to promote environmental sustainability in our community and across the region.

 

Conclusion

 

Council continues to support and promote local groups such as Boomerang Bags and the Sustainability Action Group in educating the community about the impact of soft plastics in the environment and encourage the use of reusable shopping bags by all retailers in the LGA.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 21 August 2017

Financial Assistance Grants -  Additional Funding 2017

 

 

Subject:          Financial Assistance Grants -  Additional Funding 2017    

Record No:    SU6604 - 46533/17

Division:         Human Services Division

Author(s):      Carol Sinclair 

 

 

Executive Summary

 

This report discusses the applications from the Lane Cove Theatre Company and the Lane Cove Seniors Computer Club for the Financial Assistance Program 2017/2018 which have been circulated to Councillors separately. The decision to fund the Lane Cove Theatre Company was deferred at the Council Workshop of 15 May 2017 pending a meeting with them to discuss a range of issues in their application and the application from the Lane Cove Seniors Computer Club was late due to a computer issue.

 

Discussion

 

The Lane Cove Theatre Company

 

Two meetings (31 May and 12 July) have been held with the Lane Cove Theatre Company to discuss their application. Please note the Lane Cove Theatre Company have withdrawn their Cultural Venue Subsidy Application.

 

The following funding is recommended and be dependent on the listed conditions being met.

 

Venue Hire

$4,283

Storage (fee waived)

$3,200

Hire of the  Living and Learning Centre for the Cameraygal School of Performing Arts (fee waived)

$4,480

Total

$11,963

 

The proposed conditions are that the Lane Cove Theatre Company:-

 

1.   Attend a meeting with the Manager Community Services to discuss their current and future grant applications;

2.   Attend Grant Writing and Board Training workshops run through the Meet the Experts program;

3.   Present a Business Plan for the next financial year (if they need help to prepare this they should write to Council to request assistance);

4.   Adhere to the terms and conditions in both the Financial Assistance and Venue Hire Subsidy Programs;

5.   Revise their Constitution in line with the Associations Incorporation Act 2009 and the Model Rules; and

6.   Sign a Performance Agreement with Council that outlines expectations for the 2017/2018 financial year.

 

The Lane Cove Seniors Computer Club

 

In June the Lane Cove Seniors Computer Club expressed concern that their application was unsuccessful.  The application was not considered at the May meetings as there is no record of it being received by Council. Following this discovery their application was immediately resent and processed.

 

The Club are asking for funding for the following:

 

9 Computers

$9,000

1 Projector

$1,000

Internet related hardware

$300

Printer

$400

 

 

It is proposed that Council provide funds for the projector, internet related hardware and the printer for a total of $1,700. 

 

Within the last two years Council has provided approximately $20,000 to pay for the relocation of the Club after they had to leave their former premises.  This included the purpose built refurbishment of the upstairs room at the Living and learning centre, storage and removal costs.  The rent on the premises is also heavily subsidised.  Their programs are also promoted to the community through the Library and the seniors newsletter, the Lane Cove Connection

 

 

RECOMMENDATION

 

That Council:-

1.         Provide financial assistance to the Lane Cove Theatre Company of $11,963, subject to the conditions listed in this Report;

2.         Provide financial assistance of $1,700 to the Lane Cove Seniors Computer Club; and

3.         Give Public Notice of the proposed Financial Assistance Grants to the Lane Cove Theatre Company and the Lane Cove Seniors Computer Club and, subject to no objections being received, grant the funds to the recommended groups.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 21 August 2017

Policy Review - Phase 2

 

 

Subject:          Policy Review - Phase 2    

Record No:    SU241 - 46669/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

Council at its meeting of the 19 June 2017 endorsed a Governance Document Framework to provide structure and clarity to Council’s various guidance documents. The approved Framework included revised formats for key documents - Policies, Management Directives and Procedures. Council’s Policies are reviewed every four (4) years to ensure they are up-to-date, compliant with current legislation and guidelines issued by State and Commonwealth agencies and consistent with Council’s objectives.

 

The purpose of this report is to update Council on progress in implementing the Governance Document Framework and conducting the review of Council Policies. Under phase one of the review of Council Policies, 22 Policies were adopted at the July meeting. This report recommends adoption of a further 15 Policies.

 

Background

 

Council at its meeting of 19 June 2017 considered a report outlining a Governance Document Framework and resolved to endorse the Framework. Council noted that Policies reviewed and recommended for adoption in the Framework are to be reported to the July and August meetings of Council, given the number of Policies involved. Council also resolved a Workshop be conducted to review the proposed policy changes, which was conducted on 14 August 2017.

 

Council’s Policy Manual (electronically accessible at AT-2) contains all policies adopted by Council. A comprehensive review is normally undertaken every four (4) years to ensure they are up-to-date, compliant with current legislation and mandated guidelines issued by State and Commonwealth agencies, and consistent with Council’s objectives and with industry best practice.

 

Implementation of the Governance Document Framework has created the opportunity to introduce some improvements to the presentation of information, for example by combining similar content into a single Policy to enhance communication and compliance and expanding the scope and clarity of some other Policies. For example, the recommended Policy on use of Public Pedestrian Thoroughfares now captures information for all user types of plaza areas and footpaths for displays, stalls and markets, and replaces three current Policies.

 

In other cases, with the adoption of the new Governance Document Framework, the previous information in a Policy now belongs in other document types under the Framework, such as Management Directives, Procedures, Delegations, Service Standards and the like. The next phase of implementing the Governance Document Framework will be to establish new Management Directives, Procedures and Service Standards.

 

In July Council considered a complete listing of existing Council Policies in the current Policy Manual and endorsed a recommendation to retain the 37 which have now been brought forward for adoption as updated Policies. The listing also showed Policies recommended for deletion, with a short explanatory note on each.

 

As a result of Phase 2 of the Policy Manual Review three revisions to the actions recommended to the July meeting are now brought forward:

Y 01002 Youth Policy Statement – content to be incorporated into the Community Strategic Plan and Delivery Program rather than adopted as Policy, to be consistent with provisions for other demographic groups;

 

F02003 Application for Grants – content to be incorporated into a Management Directive as it is a requirement that staff consider budget implications prior to pursuing external grants for programs; and

 

S01001 Street Furniture Corporate Style - Provisions regarding street furniture will be added to Council’s Style Guide to ensure visual and palette consistency with logo use and consolidate all related material into a single source.

 

These three former Policies now recommended to be incorporated into other document types should be rescinded to allow for a full set of Policies to be published (on the Council website for public Policies and on the intranet for internal Policies) following adoption of all new Policies.

 

A second group of reviewed and updated Policies under the Governance Document Framework are included at AT-1. The following table provides a summary of the policy which have other than minor and or formatting changes.

 

Policy

Current Policy/ies

Revised Policy

Keeping Animals

Varying distance requirements for animal enclosures form neighbouring properties, allows for 14 fowl.

Limit of 5 fowl; more consistent distance requirements; prohibits keeping ducks. Adds an option to vary standards where site-specific issues risk nuisance.

Use of Public Pedestrian Thoroughfares

Multiple policies for use of Lane Cove Plaza, displays, charity stalls. DCP on signage

Combines requirements and extends to all plaza areas and footpaths. Covers commercial and charity use of public pedestrian thoroughfares

Sister Cities

Broad statement of preparedness to enter into Sister City relationships

Added content on requirements to establish a case for a Sister City relationship; topics for a Sister City agreement

Library

21 current policies cover a wide range of topics (loan periods, hours, community notices etc)

Single overarching policy with other matters to be incorporated into Service Standards

Purchasing

Focus on key principles; information on exceptions to market testing rules

Principles maintained. Defines key roles in purchasing, market testing, cumulative spend. Added content on supplier panels and credit card purchasing

Events

Focus on sustainability in planning and managing events

Coverage broadened to include accessibility and risk management, in addition to sustainability

Child Protection

Kind Cove aims and objectives and management policies

Overarching policy commitment to child protection legislation.

Kindy Cove arrangements to be covered by agreement with licensee

 


 

Conclusion

 

It is recommended the 15 updated policies be adopted as included as AT-1. It is further recommended that three additional policies be rescinded as they will be incorporated in other guidance documents .

 

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the information;

 

2.   Rescind three Policies, the content of which is to be re-made in other guidance documents:

·   Y01002 Youth Policy Statement

·   F02003 Application for Grants – to be incorporated into a Management Directive.

·   S01001 Street Furniture Corporate Style.

 

3.   Adopt the reviewed and updated Policies listed and presented alongside their predecessor Policy references in AT-1 to this Report, and listed below:

 

·    Keeping Animals Policy

·    Financial Assistance to Community groups Policy

·    Purchasing Policy

·    Sister Cities Policy

·    Use of Public Pedestrian thoroughfares

·    Enforcement Policy

·    Events Management Policy

·    Contributions to Common Boundary Fences Policy

·    Sponsorship Policy

·    Waterfront Structures Policy

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

·    Disability Access Policy

·    Smoke-Free Public Places Policy

·    Child Protection Policy

·    Library Policy

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Updated Policies for Adoption (listing and full text)

84 Pages

 

AT‑2View

Existing Policy Manual

124 Pages

Available Electronically

 

 


 

Ordinary Council Meeting 21 August 2017

DCP Review - Inclusion of Policies

 

 

Subject:          DCP Review - Inclusion of Policies    

Record No:    SU6808 - 45175/17

Division:         Environmental Services Division

Author(s):      Christopher Pelcz 

 

 

Executive Summary

 

The purpose of this report is to incorporate, where relevant, existing policies which contain development standards or controls into Council’s Development Control Plan.

 

The proposed changes affect a number of existing Development Control Plan sections and it is recommended that Council adopt these changes for public exhibition. No changes to Council’s policy position are proposed or added under the proposed DCP Amendment. 

 

It is recommended the DCP amendments be place on exhibition and a further report be submitted to Council following the exhibition.

 

Background

 

A review of existing Council policies was reported to Council at its July 2017 meeting. A number of recommendations were made to incorporate policies containing development standards into Council’s Development Control Plan (DCP), where appropriate.

 

Discussion

 

Staff have undertaken a review of the DCP and have identified a number of policies containing development standards which are not currently reflected in the DCP. Although no changes to Council’s Policy position on the matters is proposed it will nece and a number of the policies ssary to go through a formal exhibition process to incorporate them into Council’s DCP. The relvecant policies are as follows:-

 

Policy Title

Commentary

Relevant DCP Section

Plumbing

Contains relevant considerations for different types of development in Lane Cove.

However, policy wording does not appear to be limited only to residential development. It applies to “new buildings”.

Therefore, provisions should apply to all relevant sections of the Development Control Plan. 

All relevant sections of the Development Control Plan.

Power Poles

Contains development standards relevant to all types of development in Lane Cove.

Again, policy wording does not restrict these provisions specifically to residential development. The policy appears to be targeting “Private electricity supply poles” in general.

Therefore, it is recommended to be incorporated into Part B – General Controls.

Part B – General Controls.

Battleaxe Allotments – Building upon handle

Should be incorporated into Council’s existing controls on Battle-axe lot development.

Part C – Residential Development (C.1.12).

Reflected Glass in External Walls

Provisions relating to this policy have already been incorporated into Part D – Commercial and Mixed Use Development and Part I –Industrial Development, where use of reflective glass has been minimised.

Other State Government policies (Apartment Design Guidelines) control the use of reflective glass in Residential Flat Buildings.

However, no such provisions exist for dwelling houses (Part C.1) or attached/multi dwelling houses (Part C.2).

To ensure consistency, it is recommended to apply these provisions to residential development (i.e. dwelling houses and attached/multi dwelling housing).

Part C – Residential Development (C.1 and C.2).

Notification of Development Applications

Although this is recommended for retention as a stand-alone policy, recent court cases have suggested that this policy should be incorporated into Council’s Development Control Plan.

While Council’s policy does outline the process for notification it does not have the same recognised legal standing as a Development Control Plan.

Previous legal advice has indicated that if this policy were to be incorporated into Council’s Development Control Plan, it would be able to be considered by both Council Planners and the Court.

Either Part A – Introduction (A.2.3) or Part B – General Controls.

Rock Faces and Flora

Natural rock faces are not entirely protected under the NSW Environmental Planning & Assessment Act 1979.

While the flora aspects (vegetated shorelines) are addressed through Part H – Bushland Protection, natural rock faces on private property are not covered.

They are an important part of the foreshore landscape as well as serving an environmental purpose.

Therefore, it is recommended to incorporate this policy into foreshore development section of Part B.

Part B – General Controls (B.5).

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to provide the public and key stakeholders with an opportunity to comment on the draft DCP. Any comments received will be reviewed and evaluated to determine whether or not to proceed with plan. The consultation period of 6 weeks exceeds the minimum 28 days required under the Environmental Planning & Assessment Regulation.

 

Method

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and community groups

North Sydney, Willoughby Councils and relevant Government agencies

Lane Cove Community

Proposed Medium

Advertisement and

eNewsletter.

 

Notification Letters.

Public Exhibition and

Website Exhibition.

 

Indicative Timing

6 weeks

6 weeks

6 weeks

 

Conclusion

 

Based on Policy Review – Phase 1, a number of existing Council policies should be incorporated into Council’s DCP, to ensure they are easily accessible and enforceable. No changes to Council’s policy position are proposed or added under the proposed DCP Amendment.  Consultation will now proceed as required by the Environmental Planning & Assessment Regulation.

 

 

RECOMMENDATION

 

That Council:-

 

1)   Receive and note the report;

 

2)   Adopt the following proposed changes to Council’s Development Control Plan for public exhibition and undertake community consultation for a period of six (6) weeks in accordance with the consultation strategy outlined in this report, to incorporate the following former policies:-

 

Reflective Glass in External Walls Policy

Notification of Development Applications Policy

Plumbing Policy

Power Poles Policy

Battleaxe Allotments – Building upon Handle Policy

Rock Faces and Flora Policy

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Exisiting Policies to be incorporated into the DCP

8 Pages

 

 

 


 

Ordinary Council Meeting 21 August 2017

July 2017 Traffic Committee Meeting

 

 

Subject:          July 2017 Traffic Committee Meeting    

Record No:    SU1326 - 46859/17

Division:         Open Space and Urban Services Division

Author(s):      Santosh Rai 

 

 

Executive Summary

 

The Lane Cove Traffic Committee Meeting was held on Tuesday, 25 July 2017. 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 adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 25 July 2017.

 

 

 

 

 

 

Martin Terescenko

Manager Assets

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

AGENDA - Traffic Committee - July 2017

40 Pages

Available Electronically

AT‑2View

MINUTES - Traffic Committee - July 2017

20 Pages

 

 

 


 

Ordinary Council Meeting 21 August 2017

Asset Management Framework

 

 

Subject:          Asset Management Framework    

Record No:    SU6799 - 46479/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

This report precedes an update of the Infrastructure Asset Management Plan which will be required as part of the Community Strategic Plan to be adopted by the new Council prior to the 30 June 2018. This report recommends the adoption of a Framework and Methodology for determining the gross replacement cost for the various infrastructure assets and determine unit rates, residual values, useful life and satisfactory standards for the management of community assets.

 

Background

 

The Infrastructure Asset Management Plan was last updated and adopted in May 2015 and it is considered prudent to review replacement costs, unit rates, residual values, useful life and satisfactory standards on a regular basis, and in particular for the preparation of the upcoming Community Strategic Plan. To this end an independent expert was retained, Mr Alok Ralhan of Strategy Associates, to develop a framework and valuation methodology to assist in the review of the Asset Management Plan. The framework and methodology are provided as AT-1 and AT-2.

 

Council has previously prepared its financial treatment of assets for audit and passed the initial preparedness test, however, the second phase was postponed by the Office of Local Government. The documentation of the methodology will also greatly assist any future audit as it has had further external scrutiny and comparisons undertaken.

 

Information relating to asset categories of Roads, Kerb and Gutter, Footpaths, Stormwater Pipes and Stormwater Pits is held in an Asset Management software database called Assetic. The database utilises costs, unit rates, residual values and useful life to calculate gross and written down values which are then extrapolated to produce asset performance ratios which, are in turn reported in the Annual Financial Statements and used to determine whether Council is ‘Fit for the Future’.

 

Discussion

 

The updated Asset Management Framework and Methodology will be utilised to determine the gross replacement cost and written down values of Council’s infrastructure assets. The framework uses a cost based approach to determine unit values and an asset depreciation curve and useful life for infrastructure assets. The methodology uses widely accepted industry standards with valuations carried out based on benchmarked market rates for inputs.

 

AT-1 provides recommended unit rates, residual values and estimated useful life. These are set out in table 1 of the attachment. AT-2 – Infrastructure valuation, provides valuation methodologies, gross replacement unit costs and recommended rates (refer to page 15 of the attachment).

 

The infrastructure valuation methodology assumes a deterioration curve where consumption is slow in the initial years and more rapid as the asset condition deteriorates. The deterioration curve is shown on page 3 of AT-2. As a result of the deterioration, assets are condition assessed on a rating of 1 to 5 as follows:

1.   Excellent

2.   Good

3.   Average

4.   Poor

5.   Very Poor

The vast majority of actual condition inspections were last conducted in 2011, with all works subsequently undertaken reflected in the dataset by updating them to Condition 1. Council’s methodology considers Condition 3 as satisfactory. These ratings across all asset classes are utilised to calculate the asset performance ratios required for external reporting as follows:-

 

·    The Building and Infrastructure Renewal Ratio – This ratio measures the rate at which assets are being renewed relative to the rate at which they are depreciating;

·    The Infrastructure Backlog Ratio – This ratio shows what portion the backlog is against the total value of Council’s infrastructure; and

·    The Cost to Bring Assets Back to an Agreed Service Level – This ratio provides a snapshot of the portion of outstanding renewal works compared to the total value of Council’s assets.

It is noted that in relation to the Fit for the Future program, it was decided to introduce and Audit Review of Special Schedule 7.

 

Council has in the past and is predicted to continue to meet and exceed industry benchmarks for these ratios as the methodology and benchmarked unit rates do not result in significant changes to asset and backlog values.

 

Conclusion

 

The framework and methodology is in accordance with current accounting standards and industry practice. It is therefore recommended to update the Infrastructure Asset Management Plan in accordance with this framework and methodology and continue to use Condition 3 as the satisfactory standard.

 

 

RECOMMENDATION

 

That:-

 

1.   Council adopt the Framework and Methodology detailed in AT-1 and AT-2;

 

2.   Continue to accept Condition 3 as the Satisfactory Standard for the management of its infrastructure assets; and

 

3.   Update the Infrastructure Asset Management Plan for inclusion in the Community Strategic Plan to be adopted by 30 June 2018.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Asset Management Framework

5 Pages

 

AT‑2View

Infrastructure Valuation Methodology

15 Pages

 

 

 


 

Ordinary Council Meeting 21 August 2017

Annual Financial Statements for 2016/2017 -  Referral for Audit

 

 

Subject:          Annual Financial Statements for 2016/2017 -  Referral for Audit    

Record No:    SU740 - 45985/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

Council's Annual Financial Statements for the year ended 30 June 2017 are presented for referral to external Audit.  A statement is required in respect of the accounts from Council and Management in relation to the accuracy of the accounts.  It is recommended that Council sign the statement and refer the accounts for Audit.

Discussion

Council's Annual Financial Statements for the year ended 30 June 2017 have been prepared and are ready to proceed for external Audit. They will be available electronically from Friday, 18 August 2017 at AT-3. The general purpose financial statements, special purpose financial statements and special schedules are required to be audited by 31 October 2017 following the financial year end.  In accordance with Section 413(2)(c) of the Local Government Act, Council is required to include with the Annual Financial Statements a "Statement by Councillors and Management" signed under resolution of Council, by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer, which will allow Council's external Auditor to complete the Audit.  A similar "Statement by Councillors and Management" is also required for the Special Purpose Financial Statements.

Following the Audit, the Annual Financial Reports will then be presented to Council in November, with the Auditors Report. In order for Council's Annual Financial Statements for 2016/2017 to go forward for Audit the following resolution of Council is now required and the Statements to be signed by Councillors and Management are attached at AT-1 and AT-2.

 

 

RECOMMENDATION

That:-

1.    In respect to Council's General Purpose Financial Reports the following statement which is shown at AT-1 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

The attached General Purpose Financial Statements for the year ended 30 June 2017, have been drawn up in accordance with the:-

·     Local Government Act 1993 (as amended) and the Regulations made there under;

·     Australian Accounting Standards and professional pronouncements; and

·     Local Government Code of Accounting Practice and Financial Reporting.  

To the best of our knowledge and belief, this Report:-

·     presents fairly the Council's operating result and financial position for the year; and

·     accords with Council’s accounting and other records.

We are not aware of matter that would render this Report false or misleading in any way.

2.    In respect to Council's Special Purpose Financial Reports, the following statement which is shown at AT-2 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

SPECIAL PURPOSE FINANCIAL STATEMENTS  FOR THE YEAR ENDED 30 JUNE 2017

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

The attached Special Purpose Annual Financial Statements for the year ended 30 June 2017, have been drawn up in accordance with:-

·      NSW Government Policy Statement "Application of National Competition Policy to      Local Government";

·      Office of Local Government guidelines "Pricing & Costing for Council Businesses: Guide to Competitive Neutrality"; and

·      The Local Government Code of Accounting Practice and Financial Reporting.

To the best of our knowledge and belief, these Reports:-

·     Present fairly the Council's operating result and financial position for each of Council’s declared Business Activities for the year; and

·     Accord with Council’s Accounting and other records.

We are not aware of any matter that is false or misleading in any way.

 

3.   Council's Annual Financial Statements for the year ended 30 June 2017 be referred for audit by Council’s external Auditors.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

General Purpose Financial Statements, Statement by Councillors and Management

1 Page

 

AT‑2View

Special Purpose Financial Statements, Statement by Councillors and Management

1 Page

 

AT‑3View

Draft Financial Statements for the Year Ended 30 June 2017

 

Available Electronically

 

  


 

Ordinary Council Meeting 21 August 2017

4th Quarter Review of the Delivery Program and Operational Plan

 

 

Subject:          4th Quarter Review of the Delivery Program and Operational Plan    

Record No:    SU238 - 40739/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

This report outlines the 4th Quarter progress towards achieving the projects listed in the adopted 2016-2017 Delivery Program and Operational Plan. It is recommended that the report be received and noted.

Discussion

Council’s adopted 2016-2017 Delivery Program and Operational Plan details the projects proposed to be undertaken during the financial year in order to meet the goals and objectives of the Lane Cove 2025 - Community Strategic Plan. Council reports quarterly on the progress achieved in completing the projects and achieving the targets for the adopted performance measurements. The 4th Quarter Review of the 2016-2017 Delivery Program and Operational Plan is shown attached as AT-1

 

The projects in the Quarterly Review are listed by the responsible Council Division and where the project has a completion date the ‘Action Status’ column graphically demonstrates the progress towards completion. The Review also includes a comment on the status of each project.

 

The Quarterly Review also provides a report on progress towards achieving the targets set for performance measurement for each Division of Council. A cumulative figure for performance measurement is shown so that performance can be tracked each quarter towards achieving the required target.

The highlights of the projects either commenced or completed for the 4th quarter include:-

·    Indigenous Art from the Municipal Art Collection exhibition was displayed in Local Studies (May – June);

·    Consultation to develop a Disability Inclusion Action Plan (May);

·    Draft DCP for St Leonards was adopted by Council (May);

·    24 recipients were recognised at the Citizenship Awards presentation during National Volunteer Week (May);

·    2017-18 Delivery Program and Operational Plan, Fees and Charges and Budget were adopted by Council (May);

·    Updated Long Term Financial Plan and endorsed by Council (May);

·    The proposed allocation of funding for the 2017/2018 Financial Assistance Grants Program was placed on public exhibition (May);

·    Elder Abuse, Staying in Your Own Home and Wills Seminars held (May);

·    Adoption of the Reconciliation Action Plan (June);

·    The Village Traffic Plan; and

·    Council’s annual ‘Captured’ photography competition awards night was held. Over 200 photos were submitted in this year’s competition (June).


 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

4th Quarter Review of 2016 - 2017 Delivery Program and Operational Plan

53 Pages

Available Electronically

 

 


 

Ordinary Council Meeting 21 August 2017

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:    SU220 - 46547/17

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

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 the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot - July 2017

41 Pages