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Agenda

Ordinary Council Meeting

20 August 2018

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 20 August 2018 commencing at 7:00pm. 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 Pam Palmer. 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 – Corporate Services on 99113550.

 

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 2018

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 23 JULY 2018

 

Petitions

 

2.       Petition For Removal of Three Fig Trees in Kingslangley Road... 5

 

Orders Of The Day

 

Notices of Motion

 

3.       Moratorium on Resident Planning Proposals in the Lane Cove Local Government Area.................................................................................................... 7

 

4.       Vote of Thanks to State Member for Mindarie Playground Funding........................................................................................................................................... 9

 

5.       Temporary Partial Road Closure Trial - Karilla Avenue to Centennial Avenue Intersection............................................................................................ 10

 

Officer Reports for Determination

 

6.       Rosenthal Project: Place Naming Shortlist........................................ 11

 

7.       Aborginal Heritage Office Funding Increase........................................ 14

 

8.       July 2018 Traffic Committee Meeting.......................................................... 24

 

9.       Social Media Policy.............................................................................................. 49

 

10.     Privacy Management Plan - Notifiable Data Breaches Updates. 55

 

11.     Update of Asset Management Plans........................................................ 134

 

12.     Additional Motion for Local Government Conference NSW 2018 266

 

Officer Reports for Information

 

13.     Community Wellbeing Survey 2017 Results........................................... 268

 

14.     Changes to the NSW Environmental Planning and Assessment Act - Update....................................................................................................................... 273

 

15.     4th Quarter Review of the 2017-18 Operational Plan....................... 279

 

16.     Local Government Superannuation Scheme....................................... 329

 

17.     Council Snapshot............................................................................................... 344  

 

 

 

 

           


 

Ordinary Council Meeting 20 August 2018

Petition For Removal of Three Fig Trees in Kingslangley Road

 

 

Subject:          Petition For Removal of Three Fig Trees in Kingslangley Road    

Record No:    SU6209 - 47901/18

Division:         Open Space and Urban Services Division

Author(s):      Martin Terescenko 

 

 

Executive Summary

 

Council is in receipt of a petition with 102 signatures requesting that Council stop the removal of three Hills Weeping Figs located on the nature strip in Kingslangley Road.  The petition was received after the removal of one (1) tree was complete. Council staff contacted the head petitioner and explained the circumstances for the removal of the trees and informed them that Council had already considered all options for retention of the trees. The trees have since been removed.

 

Background

 

There were three (3) Hills Weeping Figs located on the nature strip in Kingslangley Road. Over the last 10 years these particular trees have caused considerable damage to Council infrastructure which Council has been constantly repairing. From and risk management approach, the trees were causing major trip hazards for pedestrians which was a concern to Council. The trees also proposed a significant risk to neighbouring properties causing structural damage to walls, paving, and causing extensive plumbing issues.

 

These trees are native to Queensland and are not native to Lane Cove. Councils Arborist has assessed the impact these trees are causing to the surrounding infrastructure and has determined that it has come to a point where Council is left with no option but to remove them.

 

Council undertook a notification of 50 immediate residential properties on 25 June informing them of the impending removal of the trees. The notification was undertaken over four weeks prior to the commencement of the works with no comments or objections received. 

 

After the first tree was removed on Friday 27 July, Council received the petition on Monday 30 July requesting that the removal of the remaining two (2) trees be stopped.  A copy of this petition has been circulated to Councillors separately.

 

Council staff contacted the head petitioner on Monday 30 July and explained that the trees were causing substantial damage to surrounding infrastructure; that numerous options were assessed for the retention of the trees and it was determined that removal was the only viable option.

 

The head petitioner was also concerned that Council would be removing other fig trees located in surrounding streets. The head petitioner was informed that Council undertakes assessments on a case by case basis and there are currently no plans to remove any further fig trees.

 

The removal of the remaining two (2) trees was completed on Tuesday 31 July.

 

Conclusion

 

Council was very reluctant to remove the three (3) fig trees and has been managing the situation for many years. The decision to remove the trees was not taken lightly, however it had come to the point where Council had no option but to remove them. 

 

The three trees will be replaced on a two for one basis and be in accordance with Council’s Street Tree Master Plan. The trees will be replaced with six super advanced Turpentine trees that will be up to 4m in height at the time of planting.

 

 

RECOMMENDATION

 

That Council receives and notes the petition.

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

        


 

Ordinary Council Meeting 20 August 2018

Moratorium on Resident Planning Proposals in the Lane Cove Local Government Area

 

 

Subject:          Moratorium on Resident Planning Proposals in the Lane Cove Local Government Area    

Record No:    SU840 - 49611/18

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik 

 

 

 

At the Ordinary Council Meeting of Lane Cove Council on 19th March 2018, Council resolved to write to the NSW Department of Planning and the NSW Minister for Planning - The Hon Anthony Roberts MP requesting for an extension of time to complete the St Leonards South Planning Proposal (SLSPP) until the public release of the St Leonards / Crows Nest Planned Precinct Draft Land Use Infrastructure and Implementation Plan (LUIIP).  An extension of time has subsequently been granted to complete the SLSPP.

 

Confusion remains within the community about what Council’s obligations will be to cater for future housing targets.

 

For example:

1)   The NSW Department of Planning suggests that Lane Cove’s population shall increase by 4,200 residents by 2036.

2)   The Greater Sydney Commission notes Lane Cove is required to deliver 1,900 new dwellings by 2021 with a possible 7,000 further residences by 2026.

3)   Council has received notification from the Department of Planning that it may include any dwellings already approved in St Leonards east of the North Shore Railway and potentially the proposed 2,400 units that form the St Leonards South Planning Precinct towards any future housing target. However, the future housing target for 2026 and beyond for the Lane Cove Local Government Area (LGA) has not yet been clarified.

 

At present, Planning Proposals for developments within the LUIIP area and surrounding areas outside of the LUIIP area of consideration, can still be lodged under the Department of Planning Gateway. This is despite the LUIIP having not yet been publicly released.

The contents of the LUIIP will have planning implications not only for the SLSPP but also for the wider Lane Cove LGA.

 

Given the uncertainty around the provision of public infrastructure such as schools, parks and open space, public transport, sewage systems, and community facilities, it would be appropriate that no further planning proposals be accepted by Lane Cove Council until the LUIIP has been released and any gazetted amendments have been completed to the Lane Cove Local Environment Plan (LEP).

 

Our neighbouring North Sydney Council made a similar resolution on 30th July 2018 seeking a moratorium on residential planning proposals within its Local Government Area. Ryde Council passed a similar resolution to seek a moratorium on residential planning proposals on 28th June 2018, of which such a moratorium has been granted.


 

 

 

RECOMMENDATION

 

That Council:

1.   Write to Willoughby Council and North Sydney Council seeking to create a working group of Council staff and Councillors to collaborate to ensure common interests and outcomes such as the adequate provision of State infrastructure (including but not limited to schools, hospitals, parks and open space, public transport) are met in respect of the St Leonards/Crows Nest Planned Precinct prior to any amendments being made to each LGA’s respective LEP;

2.   As the planning proposal authority for the Lane Cove LGA, resolve not to accept any new planning proposals involving a residential use as per the Minister’s initiative, until the earlier of 1 July 2020 or the completion of any gazetted amendments to the Lane Cove LEP in respect of any Land Use Infrastructure and Implementation Plan produced by the Department of Planning’s Priority Precinct planning process; and

3.   Write to the Minister for Planning, The Hon Anthony Roberts, seeking an amendment to the state policy for rezoning reviews to exclude its operation in the Lane Cove LGA in respect of new residential planning proposals until 1 July 2020 or the completion of any gazetted amendments to the Lane Cove LEP in respect of any Land Use Infrastructure and Implementation Plan produced by the Department of Planning’s Priority Precinct planning process.

 

 

 

 

 

Councillor Andrew Zbik

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 August 2018

Vote of Thanks to State Member for Mindarie Playground Funding

 

 

Subject:          Vote of Thanks to State Member for Mindarie Playground Funding    

Record No:    SU3476 - 49631/18

Division:         Lane Cove Council

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

 

 

 

 

RECOMMENDATION

 

That:-

 

1.   A vote of thanks be passed for The Hon. Anthony Roberts MP, Member for Lane Cove for the pivotal role he played in securing the agreement between Lane Cove Council and the NSW Government to deliver the expansion of Mindarie Park for the people of Lane Cove; and

 

2.   Council acknowledge the contribution of $1M in funding from the NSW Government, secured by The Hon. Anthony Roberts MP, Member for Lane Cove, which will ensure that the playground is able to be made a multiuse and inclusive facility as per the NSW State Government guidelines.

 

 

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 August 2018

Temporary Partial Road Closure Trial - Karilla Avenue to Centennial Avenue Intersection

 

 

Subject:          Temporary Partial Road Closure Trial - Karilla Avenue to Centennial Avenue Intersection    

Record No:    SU840 - 49869/18

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik; Councillor Daniel Strassberg 

 

 

 

Background

 

At the Ordinary Council Meeting of 16 April 2018 Council resolved to commence a holistic traffic study for the Lane Cove North / Mowbray Precinct.  Since that time, residents continue to raise immediate safety concerns about the intersections of Karilla Avenue and Centennial Avenue.

 

 

RECOMMENDATION

That in respect to the Karilla Avenue and Centennial Avenue intersection, Council:

1.   Consult with the residents of Karilla Avenue, Parklands Avenue, Kyong Street and Landers Road regarding:-

a)   The commencement of a trial of a temporary traffic island at this intersection; and

b)   The length of time of the trial (i.e. 6 months or 12 months).

2.   Pending the feedback received from the community, commence this calendar year a trial of a temporary traffic island at the intersection of Karilla Avenue and Centennial Avenue:-

a)   To stop vehicles exiting Karilla Avenue from turning right into Centennial Avenue to drive Northbound;

b)   To stop southbound travelling vehicles from Centennial Avenue turning left into Karilla Avenue; and

c)    Provide that any traffic island should still allow access to the school bus route provided by Sydney Buses.

 

 

 

 

 

Councillor Andrew Zbik

Councillor

 

 

 

Councillor Daniel Strassberg

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 20 August 2018

Rosenthal Project: Place Naming Shortlist

 

 

Subject:          Rosenthal Project: Place Naming Shortlist    

Record No:    SU6222 - 48935/18

Division:         Human Services Division

Author(s):      Corinne Hitchenson; Geoff Douglas 

 

 

Executive Summary

 

The purpose of this report is to present a Place Naming Shortlist to replace the temporary “Rosenthal Project” name that was adopted for the construction phase of the development.  The permanent name will be for the entire project, not just part of it.

 

The presented names are sourced from the Community Consultation process.  That list underwent a refinement process involving assessment against the established place brand values. Workshops were conducted with a professional branding consultant and senior staff, to arrive at a Place Naming Shortlist of six names.

 

 

Background

 

Upon completion the Rosenthal Project will provide a vibrant public domain in the heart of Lane Cove village.

 

At its February meeting Council endorsed a process for community consultation to assist with selecting a permanent name for the project which is only temporarily referred to as ‘Rosenthal Project’.

 

The consultation process was informed by Place Partners Rosenthal Project Place Brand Directions Report which identified the brand values for the Rosenthal Project. This Report identified that the permanent name should be local, meaningful and inclusive. The community was encouraged to suggest names which reflected the brand values of:

 

·    A place that nurtures

It will nurture the landscape, people and our values

·    A place that is engaging

It will be experiential, interactive and adaptable

·    A place that is productive

It will be a creative, sustainable and connected place

 

The consultation for name suggestions ran from 2 May – 5 June 2018 with promotion across Council’s website, the Quarterly Newsletter, E-newsletters, the Rosenthal Project website and Project Updates, Advertising, Video and a large Digital Screen in Lane Cove Plaza. The Digital Screen provided the opportunity for online and tweeted suggestions to be shown on the screen for the rest of the community to view. The premise was to stimulate additional ideas and responses from the community and increase awareness of the opportunity to contribute.

 

Over 250 names were suggested, approximately 30 were exact duplicates. When consolidating variations of the descriptor such as park, place, reserve associated with a duplicated name the list was consolidated to around 125 names. A quarter of these were sent to the Aboriginal Heritage Office for comment as they referred to an Aboriginal name or derivative. A number of names were removed through this process. In 2015 Council resolved to name a new future park at 71 Longueville Road, ‘Cameraygal Park’, to reflect its proximity to the iconic gateway bridge.

 

Community suggestions were further refined when evaluated against the brand values and the result was a dynamic mix of names that reflected the sense of place for this new public domain. It is now time for the shortlist of names to be placed on community consultation to help inform Council’s decision on the final place name.

 

Discussion

 

The following six (6) names have been shortlisted as place names for the completed Rosenthal Project. Each is meaningful and reflects the brand values of the project:

Gamarada Grounds

Gamarada means ‘Friendship’ in the Sydney Aboriginal language. When paired together with Grounds it becomes the ‘Friendship Grounds’

Lane Cove Commons

A timeless name that reflects the common place that will be shared amongst the community.

Nanganura Common

Nanga Nura means ‘Resting Place’ in the Sydney Aboriginal language. This provides a sense of coming together to rest and relax in the space.

Sky Gallery: Lane Cove

This name reflects the open-air nature of the domain with

The Canopy: Lane Cove

Lane Cove is synonymous with local bushland and this gives the sense of being above the underground car park and Rosenthal Avenue.

Whiteley Muse

Reflective of one of Australia’s most famous painters who grew up in Lane Cove, this name plays homage to the strength of local art while implying that the space can continue to inspire the community.

 

Community Consultation

 

This consultation is designed to understand the community’s preferences for these shortlisted names. This will help inform Council’s decision on selecting the final name for the project and ensure that the name can be reflected in built and conceptual elements of the project.

 


 

Method

 

Level of Participation

Inform

Consult

Form of Participation

Open

Open

Target Audience

Lane Cove Community

Lane Cove Community

Proposed Medium

Advertisement

Website & Public Exhibitions

Promotion on Digital Screen

eNewsletter

Online survey

Indicative Timing

August to October

August to October

 

Conclusion

 

This community consultation will provide the opportunity to receive feedback from the community on the shortlisted names proposed. This will help to inform Council’s decision on the final name before the end of 2018.

 

 

RECOMMENDATION

 

That:-

1.    Council endorse the shortlisted place names for the completed Rosenthal Project for the purpose of community consultation;

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

3.    Following public exhibition, a report on any feedback received be considered by Council.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 August 2018

Aborginal Heritage Office Funding Increase

 

 

Subject:          Aborginal Heritage Office Funding Increase    

Record No:    SU6913 - 48862/18

Division:         Open Space and Urban Services Division

Author(s):      Ted Webster 

 

 

Executive Summary

 

The Aboriginal Heritage Office (AHO) has been providing several important services to Lane Cove, Willoughby, North Sydney, Strathfield, Northern Beaches and Ku-ring-gai councils for the past 18 years through annual contributions made by each council, which needs to be significantly increased in order to ensure the ongoing viability of the organisation.  Council’s current contribution is $38,250 p.a. The AHO now requires $58,000 p.a, an increase of $19,750, to continue its work. It is recommended Council agree to the increased funding level.

 

Background

 

Partnerships were formed in March 2000 through a Memorandum of Understanding (MOU), attached at AT-1, between North Sydney Council, Lane Cove Council, Willoughby City Council, Warringah Council and the Aboriginal Heritage Manager, to collectively fund the AHO to assist the participating councils in the effective conservation and protection of Aboriginal heritage sites. This partnership was later extended to include Manly, Ku-ring-gai, Pittwater and Ryde City councils. The duration of the initial agreement which commenced in March 2000 was for a period of five years, which was then extended to 2010 and subsequently extended to 2015. Most recently Council agreed to extend the partnership arrangement to March 2020.

 

The AHO is currently employed to assist member councils in the effective conservation and protection of Aboriginal heritage sites within the member councils local government areas along with numerous other services as outlined in the discussion below.

 

The last update to the ongoing MOU proposed an increase of $1,000 per contribution over a five (5) year period from 2016-2020 amounting to an increase of  $8,000 per annum over that period which was in line with inflation but did not reflect the expansion of services and the enlarged scope of works expected from the AHO.

 

It has since come to light that a much larger increase in funding is required in order to maintain the level of service currently being delivered by the AHO and for them to keep up with expectations from the member councils they serve and to stay current with the continuous updates to legislation.

 

Discussion

 

The increased funding model is based on all six (6) councils contributing equally with the Northern Beaches Council providing three contributions, one from each of the amalgamated councils of Warringah, Pittwater and Manly for a total of eight equal contributions.

 

This arrangement has been in place since its inception in 2000 with the AHO providing a myriad of important services which are included in AT-2 and summarised below:-

·    Fulfilling legislative obligations;

·    Assessing Development Applications;

·    Mapping and monitoring Aboriginal heritage sites;

·    Providing archaeological services regarding Aboriginal sites;

·    Providing training to Council staff regarding Aboriginal Site Awareness;

·    Providing education to the community and schools;

·    Personal appearances at events;

·    Operating and maintaining a volunteer program;

·    Providing a vast collection of personally owned artefacts in the form of a museum; and

·    Ongoing consulting on all Aboriginal matters.

 

The ongoing contributions required from each council has increased very little for the last several years while the costs of running the AHO have increased significantly along with the demand for their services.  It is therefore necessary to increase the contributions to properly align with the cost of not only keeping up with the current services provided by the AHO, but for increasing the services to stay in sync with the ongoing changes to legislation and other regulations and guidelines.

 

For the 2018/19 financial year, there are eight lots of annual contributions of $38,250 making a total annual budget of $306,000 while the actual budget expenditure for 2017/18 was $361,498 which left a shortfall of $55,498. 

 

The AHO have estimated that in order to effectively fund their required tasks, they would need a total annual budget of $464,000.  This leaves a shortfall of $158,000 with Lane Cove’s contribution being $19,750.  The AHO have also requested that the funding be increased by 2.8% per annum to cater for inflation for the duration of the MOU.

 

Conclusion

 

The Aboriginal Heritage Office has become an integral part of the Development Application Assessment process as well as leading the way in identifying, recording and protecting numerous Aboriginal sites which are continuously under pressure from development and community interference.  With the requirements for more development and higher densities being imposed upon councils it is becoming more important to have a trained, passionate and affordable group of dedicated individuals in place to help facilitate our current and future needs.  Without meeting the required funding increase, the AHO could cease to exist forcing Councils to employ outside, independent consultants at a much greater cost and without the consistency and 18 year relationship in place.

 

 

RECOMMENDATION

 

That Council:-

1.   Agree to the funding increase of $19,750;

2.   Agree to the annual funding increase of 2.8%; and

3.   Delegate authority to the General Manager to execute a new Memorandum of Understanding

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

Memorandum of Understanding (2000 - 2020)

3 Pages

 

AT‑2View

Aboriginal Heritage Services to Councils - 2018

3 Pages

 

 

 


ATTACHMENT 1

Memorandum of Understanding (2000 - 2020)

 

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ATTACHMENT 2

Aboriginal Heritage Services to Councils - 2018

 

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Ordinary Council Meeting 20 August 2018

July 2018 Traffic Committee Meeting

 

 

Subject:          July 2018 Traffic Committee Meeting    

Record No:    SU1326 - 48919/18

Division:         Open Space and Urban Services Division

Author(s):      Santosh Rai 

 

 

Executive Summary

 

The Lane Cove Traffic Committee Meeting was held on Tuesday, 17 July 2018. 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 adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 17 July 2018.

 

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

AGENDA - Traffic Committee - July 2018

12 Pages

 

AT‑2View

MINUTES - Traffic Committee - July 2018

12 Pages

 

 

 


ATTACHMENT 1

AGENDA - Traffic Committee - July 2018

 

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ATTACHMENT 2

MINUTES - Traffic Committee - July 2018

 

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Ordinary Council Meeting 20 August 2018

Social Media Policy

 

 

Subject:          Social Media Policy    

Record No:    SU6840 - 48761/18

Division:         Human Services Division

Author(s):      Corinne Hitchenson 

 

 

Executive Summary

 

Council is in the process of reviewing and improving its approach to digital communications to help increase the opportunities to implement priorities in the recently adopted Liveable Lane Cove 2035.

 

To assist with the opportunity to foster a more connected community, a Social Media Policy has been developed to help ensure a consistent approach that will ensure online interactions are managed appropriately, and in a timely manner.

 

Background

 

Council seeks to foster a connected community through digital communications that engage, inform and help create a liveable Lane Cove.  In reviewing how to deliver a cohesive, collaborative and effective digital experience for our community, Council has identified social media as a tool to help the community engage with the people, places and services that help them feel connected with Lane Cove. 

 

In moving towards a proactive social media presence there is greater opportunity to interact with our community and this Social Media Policy anticipates the need to provide clearer guidance on Councillor, Staff and community interactions.  Currently Council’s Code of Conduct has been the point of reference for Councillors as well as Council staff managing existing targetted social media pages. The Code of Conduct for Committee Members is currently the only document to expressly mention conduct on social media. 

 

Feedback, commentary and criticism posted on social media naturally occur in a more immediate and formal manner that can lead to increased risk of inappropriate posts or responses. These risks need to be mitigated through application of a consistent Social Media Policy.  More specific processes relating to authority for social media administrators; integration with customer service processes and record keeping will need to be updated to reflect the dynamic nature of social media. Processes also need to align with the applicable rules and formats of the various social media platforms. 

 

Discussion

 

A Social Media Policy will assist in the delivery of a consistent approach to the engagement on Council run pages as well as providing additional clarification on personal use of social media by staff, Councillors and others involved in Council business including Committee Members and volunteers.  In adopting a Policy, Council will also be committing to the manner in which it will respond to community enquiries along with a target timeframe to acknowledge social media enquiries.

 

A draft policy has been developed following an initial information gathering process and is attached at AT-1.

 


 

Community Consultation

 

Statement of Intent

 

The consultation is designed to receive feedback from the community on the proposed Social Media Policy.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with current Draft Social Media Policy.

 

Method

 

The methods of consultation proposed are outlined in the following Table. Initial engagement has already taken place as an information gather process. The final stage will be public exhibition of the draft plan which has an extended notification period to account for the holiday season.

Level of Participation

Inform

Consult

Form of Participation

Open

Open

Target Audience

Lane Cove Community

Lane Cove Community; Staff and associated groups such as Committee Members

Proposed Medium

Public and Website Exhibition

Enewsletter, online survey

Indicative Timing

August to October

August to October

 

Conclusion

 

In adopting a Social Media Policy Council will proactively manage the various risks and expectations associated with an increased social media presence. This will ensure a consistent approach to the wide variety of opportunities that social media presents in helping to create a liveable Lane Cove.

 

RECOMMENDATION

 

That:-

1.   Council adopt for the purpose of public exhibition, the Draft Social Media Policy attached as AT-1;

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

3.   Following public exhibition, the Draft Social Media Policy together with a report on any submissions received, be considered by Council.

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1View

Policy HS 09 Social Media Policy

3 Pages

 


ATTACHMENT 1

Policy HS 09 Social Media Policy

 

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Ordinary Council Meeting 20 August 2018

Privacy Management Plan - Notifiable Data Breaches Updates

 

 

Subject:          Privacy Management Plan - Notifiable Data Breaches Updates    

Record No:    SU981 - 43590/18

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

 

Executive Summary

 

A review of Council’s Privacy Management Plan has been undertaken to ensure legislative compliance and consistency with current procedures, policy and best practice.  It is recommended that the Draft Privacy Management Plan - Amended August 2018 be adopted.

 

Background

 

The Privacy and Personal Information Protection Act 1998 (PPIPA) commenced on 1 July 2000 and required all statutory bodies to have in place a Privacy Management Plan.  Council has had a Privacy Management Plan (Plan) since 2000.  The purpose of a Privacy Management Plan is to guide Council in managing the collection, usage, storage, access, use and disclosure of personal and health information obtained by Council in its business activities.

 

The Plan has been amended on three occasions to incorporate changes in legislation, policy, guidelines and best practice.  The most recent amendments to the Plan were adopted in April 2013 following the release of the Revised Model Privacy Management Plan for Local Government by the Office of Local Government. 

 

Discussion

 

A review of Council’s Privacy Management Plan has been undertaken to ensure legislative compliance and consistency with current procedures, policy and best practice. 

 

Key amendments include:

 

Contractors

 

An additional provision has been included to acknowledge that privacy statements and clauses have been included in Council’s tender specifications, agreements and standard contract documents requiring external parties to agree to Council’s privacy requirements.

 

Online and Externally Hosted Electronic Services

 

New provisions have been added to the Plan acknowledging Councils’ increased utilisation of external third party hosting platforms on its website, other websites and software applications to collect, store and use personal information for service delivery purposes.

 

Notifiable Data Breaches NDB Scheme

 

The Notifiable Data Breaches (NDB) scheme, under the Federal Privacy Act 1988, came into effect on 22 February 2018.  It sets out obligations for notifying affected individuals, and the Australian Information Commissioner, about a data breach which is likely to result in serious harm.   It is applicable to all Australian Government Agencies.  This provision applies to NSW local government in relation to the collection of Tax File Numbers (TFN’s) normally for employees.  Provisions have been included setting out Council’s obligations under the NDB when a data breach occurs involving a TFN.  Breaches may occur if TFN information is hacked, if a TFN is mistakenly provided to the wrong person(s), or when paper records containing a TFN are stolen.

 

The following data breach notification schemes have also been acknowledged in the amendments to the Plan:

·    Sharing of government sector data – Provisions have been added to acknowledge Council’s responsibilities under the Data Sharing (Government Sector) Act 2015

·    European Union’s General Data Protection Regular (GDPR).  Whilst this is not presently relevant to Council’s current operations, provisions have been included to acknowledge it may be a future consideration, for example in relation to potential involvement in international exchanges and participation in friendship city arrangements.

 

Amendments to the Privacy Management Plan have been made in line with the Information and Privacy Commission Fact Sheet dated February 2018 attached at AT-1

 

The amended Privacy Management Plan dated August 2018 is shown attached as AT-2.  Amendments to the previous Privacy Management Plan adopted in 2013 are highlighted in red.

 

Community Consultation

 

Community consultation on the amended plan is not considered necessary as the review has not altered the core principles of the Plan and all amendments reflect current legislative requirements.

 

 

RECOMMENDATION

 

That Council:-

1.   Adopt the Amended Draft Privacy Management Plan dated 20 August 2018 and shown attached as AT-2; and

2.   Send a copy of the Adopted Privacy Management Plan to the NSW Privacy Commissioner.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

IPC Guidelines - Mandatory Data Breach Schemes

3 Pages

 

AT‑2View

Draft Privacy Management Plan - Amended August 2018

74 Pages

 

 

 


ATTACHMENT 1

IPC Guidelines - Mandatory Data Breach Schemes

 

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ATTACHMENT 2

Draft Privacy Management Plan - Amended August 2018

 

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Ordinary Council Meeting 20 August 2018

Update of Asset Management Plans

 

 

Subject:          Update of Asset Management Plans    

Record No:    SU4231 - 46099/18

Division:         Corporate Services Division

Author(s):      Geoff Banting 

 

 

 Executive Summary

 

The Resourcing Strategy and associated suite of documents are generally internal documents which underpin Council’s core Integrated Planning and Reporting Framework. They have each been reviewed internally as part of the Community Strategic Plan review and Budget process so that they reflect community aspirations, budget allocations and to ensure that Council continues its strong asset management performance. The Asset Management Plans (Infrastructure and Facilities) form part of the Resourcing Strategy and this report is prepared to provide an update of these plans and will recommend adoption.

 

Background

 

In June 2018, Council adopted the Community Strategic Plan - Liveable Lane Cove 2035, 3 Year Delivery Plan and Operating Plan, Budget 2018/19 and Long Term Financial Plan (10 years).

 

Council is responsible for a range of infrastructure assets with a combined gross replacement value in excess of $400M. Council has a strong focus on asset management with dedicated teams to deal with asset planning maintenance and replacement, who have updated the Asset Management Plans for Infrastructure (AT-1) and Facilities (AT-2). The funding requirements identified in these plans are reflected in the Long Term Financial Plan.

 

The last review of the Asset Management Plans for Infrastructure and Facilities was in May 2015. In June 2017 Council’s Facilities, including Buildings and other Structures, were re-valued by Scott Fullerton Valuations Pty LTD. This revaluation was recorded in the 2016/2017 Financial Statements.

 

In August 2017, Council adopted an Infrastructure Asset Management Framework which recommended the Framework (AT-3) and Methodology (AT-4) for determining the gross replacement cost for the various infrastructure assets and determined the unit rates, residual values, useful life and satisfactory standards for the management of community assets. The framework uses a cost base approach, meaning each group of infrastructure assets are determined using available contract rates and estimates for the supply of materials and services.

 

In 2018 Infrastructure Management Group PTY LTD were engaged to condition assess Council’s Infrastructures Assets. This reassessment, having regard to the framework and methodology, will form the basis of a revaluation for the 2017/18 Financial Statements.

 

In reviewing the Asset Management Plans, with a gross replacement value exceeding $400M, it is pleasing to note that Council continues to meet all industry benchmarks for our Infrastructure Assets. In combining the Infrastructure and Facility assets the current backlog ratio (industry benchmark is < 2%) is estimated at 0.76% using Gross Replacement Value. The combined renewal ratio (industry benchmark is > 100%) is estimated to exceed 200%. Individually, 97.8% of road segments were classified as satisfactory and above in terms of crocodile cracking (distress in asphalt) and 95.2% of footpaths were classified as satisfactory and above.

 

 

 

Conclusion

 

With the revaluation of Facilities in 2016/17 and Infrastructure in 2017/18 an update of the Asset Management Plans for Facilities and Infrastructure have been prepared for Council’s consideration.

 

 

RECOMMENDATION

 

That the Asset Management Plans for Facilities at AT-1 and Infrastructure at AT-2 be adopted.

 

 

 

 

 

 

Geoff Banting

CFO

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Update of Asset Management Plan - Infrastructure 2018

63 Pages

 

AT‑2View

Update of Asset Management Plan - Facilities 2018

45 Pages

 

AT‑3View

Asset Management Framework

6 Pages

 

AT‑4View

Infrastructure Valuation Methodology

16 Pages

 

 

 


ATTACHMENT 1

Update of Asset Management Plan - Infrastructure 2018

 

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ATTACHMENT 2

Update of Asset Management Plan - Facilities 2018

 

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ATTACHMENT 3

Asset Management Framework

 

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ATTACHMENT 4

Infrastructure Valuation Methodology

 

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Ordinary Council Meeting 20 August 2018

Additional Motion for Local Government Conference NSW 2018

 

 

Subject:          Additional Motion for Local Government Conference NSW 2018    

Record No:    SU7139 - 49688/18

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

The Annual Conference of Local Government NSW (LGNSW) will be held from 21-23 October 2018 in Albury.  In preparation for the Conference, Local Government NSW have asked all councils to consider the key issues affecting its community.  These issues will be discussed and debated during the business sessions of the Conference. 

 

At the Ordinary Council Meeting of 23 July 2018 Council considered the primary issues affecting the Lane Cove community and endorsed the submission of five (5) motions.  In addition to these, it is recommended that an additional motion be submitted calling for the NSW State Government to review the Housing for Seniors or People with a Disability SEPP which is now 14 years old.  Motions are due to be submitted by no later than Sunday, 26 August 2018. 

 

Discussion

 

Suggested Additional Motion

 

In view of the criteria and categories for Motions, it is suggested that the following additional Motion be submitted under the ‘Environmental’ category for consideration for the 2018 Conference.

 

MOTION

 

That Local Government NSW call on the NSW State Government to review the Housing for Seniors or People with a Disability SEPP which is now 14 years old, in particular to remove inconsistencies with other planning instruments , definitions and requirements as follows:-

·    Zoning and Site Compatibility requirements for locating the developments

·    The definition of what is included in the calculation of Gross Floor Area (GFA), which is inconsistent with the standard instrument LEP.

·    The need for design and amenity standards consistent with the Apartment Design Guide

·    The operation and ownership of the Affordable Housing Bonus component.

 

Background

 

Zoning and Site Compatibility

 

Seniors living development has specific requirements in relation to its location with reference to facilities, services and urban infrastructure particularly in relation to transport. Its compatibility in relation to existing developments needs to be established on an individual basis. Floor Space Ratio and Height being development standards should apply to all developments. All developments under the SEPP should be subject to the issue of a site compatibility certificate by the Director General. 

 

 

Gross Floor Area Definition

 

The definition of gross floor area is inconsistent with that indicated in the standard instrument. The SEPP requires area to be measured from the “outer face of the external enclosing walls” where as the LEP based on the Standard Instrument requires area to be measured from the “internal face of external walls”. The SEPP makes no mention of common vertical circulation which gets included where as standard instrument requires the common vertical circulation to be excluded.

 

Design and Amenity Standards

 

While State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and Apartment Design Guide applies to self contained dwellings, it does not apply to aged care beds which should also have minimum amenity standards, particularly with regard to solar access and cross ventilation.

 

Affordable Housing Bonus

 

The SEPP provides for a bonus Floor Space Ratio in case of vertical villages and requires 10% of the dwellings to be affordable places. The requirement of affordable places only applies to independent dwellings. There is no proportion of independent dwellings and aged care beds specified. The SEPP is silent as to whether the affordable places should be managed as Affordable places for a fixed period or in perpetuity. Council is of the view such should be for the life of the development.

 

While the SEPP requires affordable places to be to be owned and managed by an organization providing community housing that is registered for the time being with the Office of Community Housing, it does not give the community and Council confidence that the places are being managed as affordable places. The affordable places could be owned and managed by the Council or otherwise a mandatory reporting mechanism be put in place to ensure such happens over the life of any development.

 

Conclusion

 

In addition to the previous five (5) motions endorsed for submission to the 2018 LG NSW Conference, it is recommended that Council give endorse the additional motion in relation to the review of the Housing for Seniors and People with Disability SEPP.

 

 

 

RECOMMENDATION

That Council submit the additional motion outlined in the report for debate at the 2018 Local Government NSW Annual Conference.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


 

Ordinary Council Meeting 20 August 2018

Community Wellbeing Survey 2017 Results

 

 

Subject:          Community Wellbeing Survey 2017 Results    

Record No:    SU5061 - 43666/18

Division:         Human Services Division

Author(s):      Carol Sinclair 

 

 

Background

 

In 2014 Council developed a Community Wellbeing Survey to assist in the collection of data regarding the overall ‘health’ of Lane Cove and to supplement Council’s existing data collection through the Integrated Planning and Reporting Framework. 

 

The Community Wellbeing Survey provides a way of measuring and understanding the many factors and complexities involved in determining the wellbeing of the community and helps Council to understand the current trends and social issues in Lane Cove.  By repeating the same survey every two (2) years these issues and trends can be tracked over time.  Surveys have been conducted in 2015 and 2017.

 

In December 2017 Council received a report on the results of the Lane Cove 2017 Community Wellbeing Survey and a copy of the comparison with the first community wellbeing survey conducted in 2015.  These documents have now been combined and professionally produced as a booklet attached as AT-1. 

 

An infographic has also been produced giving a visual representation of some of the most salient statistics attached as AT-2.    The booklet and infographic will be available on Council’s website and hard copies will be provided in the foyer of the Civic Centre and in the Library

 

Discussion

 

Community Wellbeing Surveys were posted with reply paid envelopes to 3,000 randomly selected households in Lane Cove.  Responses were received from 519 people. 

 

Unlike in 2015, the 2017 survey was sent to all randomly selected addressees, including properties where the owner did not reside at the premises.  In 2015 such properties were not selected for participation, however  by including residents who rent in the survey a more holistic view of the community is provided particularly considering the increasing number of residential flat buildings in the area.

 

From the survey results is evident that Renters’ views on affordability, neighbourliness and community connections are different than those of home owners. By way of example respondents who are renting are less likely to strongly agree that they have a supportive network of family (13.2%) compared to those who have a mortgage (32.2%) and those who own their home outright (43.8%), and, respondents who are renting (45.3%) are more likely than those who have a mortgage (19.0%) or own their home outright (7.4%) to disagree or strongly disagree with the statement that they are able to afford a reasonable standard of housing in their area.

 

The Community Wellbeing Index (the score) is based on respondents’ level of agreement with 15 statements measuring wellbeing over different domains. The rating for each question in the wellbeing index was allocated a points value in order to determine a total wellbeing score out of a maximum of 75 possible points. A higher score reflects a higher average level of wellbeing for respondents. The scores have been converted to provide a score out of 100.  In 2015 the Community Wellbeing Index was 76.2.  In 2017 it remained high at 75.

 


 

Some general comparisons between the 2015 and 2017 surveys are listed below:

 

CSP Objective: Our Society

 

There has been a small increase in the proportion of residents who think their quality of life has been improving – 25% in 2017 compared to 22.6% in 2015.

 

Other measures of Social Capital within the community included:-

·    89% of participants would call on neighbours for help if required.

·    68.5% believe if they are unhappy about a local issue they can express their concerns to Council.

·    77% of participants are involved with people in their neighbourhood

·    75% believe they have a responsibility to be involved in planning for Lane Cove’s future

 

CSP Objective: Our Built Environment

 

There has been a large decrease in the proportion of respondents who agree that they expect to be able to stay in Lane Cove when they move – 48.7% compared to 57.9% in 2015.

Other measures of how the Built Environment is responding to the community’s needs include:-

·    73% believe the sort of housing they need is in Lane Cove

·    28% of participants feel there is enough employment opportunities in the area.

·    66% have an optimistic view of Lane Cove’s future.

·    76% agree public transport is Good or Very Good.

 

CSP Objective: Our Natural Environment

 

There has been an increase in the proportion of respondents who rate the waterways of Lane Cove as very important – 61.7% compared to 56.5% in 2015.

Other measures of how the Environment is being managed include:-

·    79% of participants are concerned about environmental sustainability.

·    71% took active steps to reduce energy consumption

·    72% walked on Lane Cove’s bushland tracks a couple of time per year or more.

 

CSP Objective: Our Council

 

Although not different enough to be statistically significant it is pleasing to see that respondents felt that Council interacts better with the community than in 2015 in the following areas: the work of Council provides value to the community; Council works in the best interests of the community; Council understands the community and, Council can be relied upon to get things done.

 

Tracking the trends in Community Wellbeing will become more useful over a longer period of time as small fluctuations between the two (2) year periods will be absorbed into an overall trend.

 

Conclusion

 

The Community Wellbeing project has provided Council with a more comprehensive and holistic tool to measure the level of wellbeing in the community.  It can be used to measure Council’s performance against the objectives in the Community Strategic Plan and is repeated to determine if the community feels their sense of wellbeing has improved or declined.  It will also provide a tool where Council can make comparisons with community wellbeing in other council areas, such as the City Of Ryde and Sydney City Council.  It will help Council keep in touch with Lane Cove Cove’s changing community sentiments when they are happening to inform Council’s responses to the different areas that make up feelings of wellbeing.

 

A score of 75 is a high score as any score above 60 means that most people reported positive views about their personal and community wellbeing.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1View

Lane Cove's Community Wellbeing Survey Report 2017

46 Pages

Available Electronically

AT‑2View

Community Wellbeing Infographic 2017

2 Pages

 

 

 


ATTACHMENT 2

Community Wellbeing Infographic 2017

 

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Ordinary Council Meeting 20 August 2018

Changes to the NSW Environmental Planning and Assessment Act - Update

 

 

Subject:          Changes to the NSW Environmental Planning and Assessment Act - Update    

Record No:    SU6600 - 47845/18

Division:         Environmental Services Division

Author(s):      Anthony Crichton; Christopher Pelcz 

 

 

Executive Summary

 

The purpose of this report is to provide an update and detail on the recent changes to the Environmental Planning and Assessment Act 1979 (EP&A Act).  In particular, the report outlines key amendments to the Act and provides a cross-reference to enable an easy comparison between the original section number and the new updated section number of the Act.  The report also outlines Council’s progress on meeting the indicative timelines given by the Department of Planning & Environment in January 2018 for the staged implementation of the amendments to the EP&A Act.

 

Background

 

The proposed changes to the Environmental Planning and Assessment Act 1979 were exhibited by the Department of Planning & Environment (DPE) from 9 January 2017 to 31 March 2017. The potential impacts of these changes were reported to Council at the Ordinary Council meeting of 20 March 2017, where it was resolved to make a submission to the proposed changes.

 

A further report was submitted to Council’s Ordinary Council Meeting of 11 December 2017 confirming that NSW Parliament had passed the proposed changes in November 2017.

 

These changes, in particular the Local Planning Panels (compulsory IHAP’s), commenced on 1 March 2018.

 

Discussion

 

Renumbering of the Act

 

All sections of the Act have been renumbered and in some cases re-structured. This means a change in terminology for common matters. For example, s94 Contributions (Developer contributions towards provision or improvement of amenities or services) are now in Section 7.11. A guide has been created by DPE to assist and explain the new structure, refer AT-1

 

Other changes are to be gradually implemented over the course of the next two years and staff will continue to review and provide information where (and when) requested or needed.

 

The table below provides a listing of the key sections of the Act that are of primary importance to staff, Councillors and the public.  It also provides a handy cross-reference between old and new section numbers of the Act.

 


 

Old and New Sections of the EP&A Act

 

Previous section of the Act

Description

Updated section reference in the Act

Sec 55

Planning proposals

Sec 3.33

Sec 78A

Application

Sec 4.12

Sec 79B

Consultation  and concurrence

Sec 4.13

Sec 79C

Evaluation

Sec 4.15

Sec 80

Determination

Sec 4.16

Sec 85

What is a “complying development certificate”?

Sec 4.27

Sec 93F

Planning agreements

Sec 7.4

Sec 94

Contribution towards provision or improvement of amenities or services

Sec 7.11

Sec 96

Modifications of consents - generally

Sec 4.55

Sec 149

Planning certificates

Sec 10.7

Sec 149D

Building certificates

Sec 6.26

 

Department Timeline

 

The table below provides the indicative timeline given by DPE in January 2018 for the staged implementation of the amendments to the Environmental Planning and Assessment Act.  The table illustrates the current status of Council obligations in meeting these timelines. 

 

New Obligation

Estimated Commencement

Current Status of Council Obligations

Ending transitional arrangements for Part 3A

Early 2018

Completed

Local planning panels

1 March 2018

Completed

Statement of reasons

Mid 2018

Completed

Changes to concurrences and referrals

Late 2018

Completed

Changes to conditions for major projects

Late 2018

Completed

Enforceable undertakings

Late 2018

Completed

Local strategic planning statements

Mid to late 2019

Underway

LEP health check

Late 2019

Underway

Community participation plans

Late 2019

Ongoing

Improvements to complying development

Late 2019

Ongoing

Building and subdivision

Late 2019

Ongoing

Standard format Development Control Plans

Mid 2020

Ongoing

 

Local Strategic Planning Statements (LSPS)

 

In March 2018, amendments to the EP&A Act introduced new requirements for Councils to prepare and make local strategic planning statements.  This is a new step intended to put into practice the NSW Government’s policy shift towards upfront strategic planning and to provide a new link between the District Plan, Council’s Local Environmental Plan and Community Strategic Plan. The new LSPS will be a key resource to understand how strategic and statutory plans are to be implemented at the local level.

 

Section 3.9 of the new Act states that a local strategic planning statement (LSPS) must include or identify:

·    The basis for strategic planning in the area with regard to economic, social and environmental matters (will for a 20-year vision for land use in the local area);

·    Planning priorities for the area, consistent with District Plan and any Community Strategic Plan;

·    Actions required for achieving those Planning Priorities; and

·    The basis on which the Council is required to monitor and report on the implementation of those actions.

 

There is still some confusion about the length of a LSPS – i.e. a statement of a few paragraphs; a summary document of 10-15 pages; or a comprehensive 50-100 page document. A Draft is to be prepared by July 2019 and the final adopted by 30 November 2019.

 

Local Environmental Plan “Health Check”

 

The purpose of the LEP Review or “health check” is to identify how closely aligned the existing LEP is to the actions of the District Plan.  The North District Plan sets 10 directions, 23 Planning priorities and 84 Actions for Councils and State Authorities to implement.

 

Under Action 83 of the North District Plan, the Greater Sydney Commission requires an LEP review to include:-

a)   An assessment of the LEP against the district plan Planning Priorities and Actions;

b)   Local context analysis; and

c)   An overview and program for the local strategic planning required to inform the preparation of a local strategic planning statement that will inform updates to the LEP.

 

Again it is unclear when this final document is to be delivered but it is expected to be late 2019. We also expect that this review would take into account Council’s existing plans and any other plans which address the District Plan actions.

 

Conclusion

 

Council staff will continue to update Councillors and the community on Council’s progress in meeting our Greater Sydney Commission obligations and the Departmental timelines for the staged implementation of the amendments to the EP&A Act.

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Amemdments to EP A Act - guide to new sections

2 Pages

 

 

 


ATTACHMENT 1

Amemdments to EP A Act - guide to new sections

 

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Ordinary Council Meeting 20 August 2018

4th Quarter Review of the 2017-18 Operational Plan

 

 

Subject:          4th Quarter Review of the 2017-18 Operational Plan    

Record No:    SU238 - 44942/18

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

Executive Summary

This report outlines the 4th Quarter progress towards achieving the projects listed in the adopted 2017-18 Operational Plan.  It is recommended that the report be received and noted.

Discussion

Council’s adopted 2017-18 Operational Plan details the projects proposed to be undertaken during the financial year in order to meet the goals and objectives of Liveable Lane Cove 2035 - Community Strategic Plan. Council reports quarterly on the progress towards completing the projects and achieving the targets for the adopted performance measurements. The 4th Quarter Review of the 2017-18 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:-

·    Lane Cove Literary Awards 2017:  An Anthology and Memories of Lane Cove publication was launched (April).

·    Council partnered with Ku-ring-Gai, Mosman, North Sydney, Northern Beaches, Ryde and Willoughby Council’s to present the Shoreshocked Music Festival, a free all ages music festival held at St Leonard’s Park, North Sydney (April).

·    Council awarded over $9,000 to three (3) community groups under Round 15 of the Sustainability Small Grants Program (April).

·    A full program for NSW Seniors Festival was rolled out with a focus on Try Something New. Council ran 25 events as part of the program, many in partnerships with other organizations (April).

·    Council extended opening hours for the Lane Cove Library (May).

·    24 recipients were recognised at the Annual Citizenship Awards including five (5) recipients of the new Neighbour Day Awards (May).

·    Council adopted an updated Community Strategic Plan “Liveable Lane Cove: 2035” and Delivery Program and Operational Plan for 2018-2021 along with a Budget that supports the actions included in the Plan (June).

·    The Age-Friendly Lane Cove Strategy was adopted by Council (June).

·    Over 200 children attended World Environment Day in the Plaza educating young people on the dangers of marine pollution (June).

·    Council’s annual ‘Captured’ Photography Awards Night was held with over 160 submission received for this year’s “Capture Your Neighbourhood” theme (June).

·    New Bushcare group was launched in Aquatic Park (June).

·    Council celebrated the official opening of the Lane Cove Child and Family Health Centre and the Lane Cove Creative Studios in the newly refurbished facility at 164-172 Longueville Road (June).

 

 

RECOMMENDATION

 

That the 4th Quarter Review of the 2017-18 Operational Plan be received and noted.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

4th Quarter Review of 2017-18 Operational Plan

48 Pages

 

 

 


ATTACHMENT 1

4th Quarter Review of 2017-18 Operational Plan

 

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Ordinary Council Meeting 20 August 2018

Local Government Superannuation Scheme

 

 

Subject:          Local Government Superannuation Scheme    

Record No:    SU2009 - 48359/18

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

Council at its Ordinary Meeting of 23 July 2018 considered a report on the level of additional contributions requested from Local Government Superannuation Scheme and resolved that additional information be provided including advice on opt out options for additional contribution obligations. This report provides the additional information requested.

 

Background

 

Council at the 23 July 2018 Ordinary Council Meeting received a report providing an update of the additional contributions requested from Local Government Superannuation Scheme (LGSS) and the history in relation to the charges levied against Council since 2008. A copy of the report to the July meeting is at AT-1, with Council resolving as follows:

 

“That the matter be deferred to the August meeting with the following additional information to be provided:-

 

1.    All information / documentation that Council has prepared on this matter;

 

2.    What legal instrument commits Council to these ongoing obligations; and

 

3.    Whether or not there are options to opt out of such obligations and what the process involved would be and its implications.”

 

The following is a brief history of the actions associated with obligation for additional contributions and documentation prepared on this matter:

 

04 May 2009

Council at its meeting of 4 May 2009 first became aware of the amount of financial loss suffered and the request from LGSS to repay about $3 million over ten years. Council report is at AT-2.

06 August 2009

Council wrote to LGSS requesting further particulars regarding the Superannuation Fund.

16 August 2009

Motion for Council requesting that NSROC councils contribute $20k towards legal advice regarding our concerns.

18 August 2009

The LGSS replied with limited responses to Council’s questions.

09 November 2009

Received a letter from APRA advising that they are unable to release information.

11 November 2009

Motion to refer the matter to NSROC and seek $20k contribution from member councils to seek legal advice.

10 February 2010

NSROC deferred the matter and further information sought from APRA.

01 August 2011

Notice of Motion to request the then NSW Premier Barry O’Farrell to conduct a Parliamentary Inquiry and Mike Baird the then NSW Treasurer to provide further particulars and to have the motion put up at the Local Government Conference calling on the NSW Premier Barry O’Farrell for a Parliamentary Inquiry. Notice of Motion is at AT-3.

13 September 2011

NSROC request for information on Local Government Super Scheme to NSW Treasurer. Refer AT-4.

16 September 2011

Response from the then NSW Treasurer Mr Mike Baird advising NSW Government is not responsible for the oversight of LGSS. Refer AT-5.

 10 November 2011

NSROC resolved to lodge a complaint to ASIC and APRA.

 14 December 2011

Local Government Superannuation made a presentation to NSROC

25 September 2013

Letter to the Joe Hockey, the then Federal Treasurer seeking changes to the governance of Industry Based superannuation schemes.

25 September 2013

Letter to HON Paul Fletcher, MP, Member for Bradfield and seeking changes to the governance of industry based superannuation schemes

18 June 2018

Resolution to provide an update of the additional contributions requested from Local Government Superannuation Scheme and the history in relation to the charges levied since 2008. 

 

Discussion

 

Council is bound by the Local Government (State) Award 2017 in respect of superannuation funds contributions. Clause 14 of the Award relates to Superannuation and related arrangements. Clause 14(1)(a) states:

 

“Subject to the provisions of the Industrial Relations Act 1996 (NSW), the employer shall make superannuation contributions to the Local Government Superannuation Scheme and not to any other superannuation fund”.

 

As such the Council on behalf of its employees, becomes a member of the Local Government Superannuation Scheme which is managed in accordance with the Local Government Super Trust Deed (Consolidated as at 11 July 2018). Clause 10.6 of the Deed deals with binding Members to the Deed:

 

“Every person being or becoming a Member and all persons claiming through them shall be deemed to have approved of and to be bound by the Deed and the Rules”.

 

Clause 11.4 of the Deed allows for Additional Contributions:

 

“An Employer or Member may make such additional Contributions to a Division if permitted by the Rules of that Division as the Trustee may from time to time agree. Those Contributions shall be applied by the Trustee as the Employer or member, as the case may be, directs and as agreed by the Trustee. The Trustee may require that a particular Employer shall make additional contributions in respect of some or all of its Employees or former Employees who are Beneficiaries and the Employer shall comply with that requirement”.

 


 

The Industrial Relations (National System Employees) Order 2009 declared that Council is bound and covered by the NSW Industrial Relations System. The Local Government (State) Award makes membership of the LGSS mandatory. The Trust Deed covers all membership types and arrangements that have existed for decades under previous Superannuation Schemes and preserves those arrangements. Therefore, it appears for various legal and industrial reasons, beyond the scope or capacity of Council to change existing arrangements.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Report of Ordinary Meeting of 23 July 2018

2 Pages

 

AT‑2View

Report to Council Meeting of 4 May 2009 - Local Government Superannuation Scheme

2 Pages

 

AT‑3View

Notice of Motion on 1 August 2011 - Local Government Superannuation Scheme

2 Pages

 

AT‑4View

NSROC - Request for information on Local Government Superannuation Scheme

5 Pages

 

AT‑5View

Response from the then NSW Treasurer Mr Mike Baird - Oversight of LGSS

1 Page

 

 

 


ATTACHMENT 1

Report of Ordinary Meeting of 23 July 2018

 

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ATTACHMENT 2

Report to Council Meeting of 4 May 2009 - Local Government Superannuation Scheme

 

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ATTACHMENT 3

Notice of Motion on 1 August 2011 - Local Government Superannuation Scheme

 

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ATTACHMENT 4

NSROC - Request for information on Local Government Superannuation Scheme

 

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ATTACHMENT 5

Response from the then NSW Treasurer Mr Mike Baird - Oversight of LGSS

 

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Ordinary Council Meeting 20 August 2018

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:    SU220 - 48595/18

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

Attached for the information of Councillors is a review of Council’s recent activities.  This report provides a summary of the operations of each Division for July 2018.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot - July 2018

37 Pages

 

 

 


ATTACHMENT 1

Council Snapshot - July 2018

 

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