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Agenda

Ordinary Council Meeting

19 October 2020

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 on Monday 19 October 2020 commencing at 7:00 PM. 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.

 

Council uses the online video conferencing platform Zoom for the Public Forum. A link to the video conference, which will include all Councillors attending the Council meeting, will be made available for community members to participate. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (i.e. Sunday 18 October) and a Zoom meeting link will be emailed to the provided email address. Please note that the time limit of three minutes per address still applies so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).

 

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 (02) 9911 3550.

 

Please note meetings when 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 19 October 2020

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.       Bus Shelter Rollout

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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 it outlines details of potential chnages to the existing contract arising from the implications of COVID-19..

 

2.       Mayoral Minute  - General Manager's Performance Review for 2019/20

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.

 

3.       Senior Staff Matter

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 it discusses potential appointments to Senior Staff positions.. 

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

4.      ORDINARY COUNCIL MEETING - 21 SEPTEMBER 2020

 

 

Orders Of The Day

 

Notices of Motion

 

5.       Notice of Motion - 100% Renewable Electricity and Reduction in Reliance of Gas.

 

6.       Notice of Motion - Mental Health Services in Lane Cove

 

7.       Notice of Motion - Additional consultation session of the Bob Campbell Oval Masterplan on site

 

Officer Reports for Determination

 

8.       St Leonards South Development Control Plan and Landscape Master Plan - Post Exhibition

 

9.       St Leonards South - Draft Section 7.11 Contributions Plan

 

10.     Consultation Results for Finlayson Street Indented Parking Bays

 

11.     The Canopy Parking Arrangements

 

12.     LGNSW Excellence in the Environment Award - Behaviour Change in Waste

 

13.     Draft Birdwood Lane DCP Amendment

 

14.     Draft Model Asbestos Policy  - Post Consultation

 

15.     Annual Financial Statements 2019/20 - Referred for Audit

 

16.     NSROC Design Review Panel - Appointment of Members

 

17.     Sustainability Small Grant Applications - Round 20

 

18.     Revised Model Code of Conduct and Procedures for Local Councils in NSW

 

19.     Pecuniary Interest Returns 2020

 

20.     Council Snapshot September 2020  

 

 

 

 

                     


 

Ordinary Council Meeting 19 October 2020

Notice of Motion - 100% Renewable Electricity and Reduction in Reliance of Gas.

 

 

Subject:          Notice of Motion - 100% Renewable Electricity and Reduction in Reliance of Gas.    

Record No:    SU7739 - 59999/20

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik 

 

 

Executive Summary

                                                              

This motion aims to build on the ‘Climate Emergency’ Lane Cove Council declared in September 2019.

The objectives of this motion are to:

 

1)   Outline that Council will aim to maximise sourcing energy from renewable generation when it needs to enter into a new energy supply contract in July 2022.

 

2)   Outline that Council will aim to reduce and/or eliminate relying on gas as an interim energy source before transitioning to sourcing all its energy needs from renewable generation.

 

Background

 

Lane Cove Council currently has a target 80% reduction in emissions and 0% increase in water use by 2036, as detailed in Council’s recent declaration of a ‘Climate Emergency’ in September 2019. However, electricity is the easiest form of emissions to reduce, with highly cost-effective zero-emissions products in the market. Other emissions will be harder to reduce, so we need changes now on the emissions that we can eliminate.

 

Discussion

 

Cost-effectiveness and urgency of renewable electricity

Currently in the wholesale electricity market, renewable electricity is cheaper than fossil fuel, even including the cost of “firming” to cover for gaps in renewable supply (2,3,4,5) (Note: references may be found in AT-1). Both Sydney and Newcastle Councils achieved substantial dollar savings in transitioning to 100% renewable electricity (6,7). We are now at the right time to commit to 100% renewable electricity.

On 2 October 2018, Origin announced a contract to supply solar power from their 56 MW Moree Solar Farm to 20 Sydney local councils. This is via a group Power Purchase Agreement (PPA) led by the Southern Sydney Regional Organisation of Councils (SSROC). Lane Cove Council did not participate in this exclusive energy supply option as it was focusing on new solar installations in recently completed major projects such as The Canopy and the new Aquatic Centre Grandstand. Council has also achieved a substantial reduction in its energy usage through the program to replace all streetlights with LED’s.

In Councils actions that were adopted in March 2020 to respond to the ‘Climate Emergency’ declaration, it noted that there will be incremental opportunities to further transition to renewable energy supply within our immediate Local Government Area. For example, most Council building that can have solar panels installed have now done so. Therefore, Council has an opportunity to specifically adopt energy sourced from renewable generation when our current electricity supply contract ends in June 2022.

 

 

Origin Energy – Northern Territory fracking program

Origin Energy pride themselves on their “good energy” brand and claim to take climate change seriously, however, Origin has plans to start shale gas fracking in the Northern Territory. Fracking the NT would not only be one of the largest potential sources of carbon pollution in the world, but it poses huge threats to the lands, waters and rights of Aboriginal people to make decisions about what happens on their country.

 Hydraulic fracturing (“fracking”, or unconventional extraction of gas), occurs with the injection of a fluid comprised of water, sand and various chemicals at high pressure into an underground rock formation in order to open fissures, allowing trapped gas or crude oil to flow through to ground level for gas or petroleum production. Fracking has substantially opened up new supplies of gas but has also raised enormous problems. Key concerns include contamination of natural water sources, massive water usage, the spread of carcinogenic chemicals used in the fracking process, earth tremors, and a substantial increase in “fugitive” gas emissions and methane leaks. 

The Scientific Inquiry into Hydraulic Fracturing in the Northern Territory (8) found that life cycle emissions from Origin’s NT fracking would increase Australia’s annual greenhouse emissions by up to 38.9 Mt CO2e (million tonnes of CO2 emissions equivalent) every year.

This would represent 7.3% of Australia’s 2019 domestic emissions (9), or 39% of all of Australia’s transport emissions (9), or more than three-quarters of all generation by NSW coal-fired power stations (10). Other reports suggest even higher emissions figures (11). In any case, the scale of this program’s emissions would undermine other efforts by Australia to reduce its greenhouse emissions to meet its climate obligations under the Paris Agreement.

Some suggest that “natural” gas represents a “transition fuel” away from coal. However, recent research says that gas generally produces similar CO2 equivalent emissions than coal, when “fugitive emissions” and methane leaks are taken into account (12).

Origin Energy’s NT fracking program is also against the wishes and interests of many Aboriginal Traditional Owners of the land (13).  Finally, the Northern Territory has much better economic options available to it using renewable energy (14,15).

 

Below are some interesting graphs that highlight the fact that Australia does not need to rely on gas sourced from Coal Seam Gas extraction:

 

 

 

 

 

 

 

RECOMMENDATION

That Council:-

1.  Notes the following:

a.   Council currently purchases electricity through contracts with Origin Energy through SSROC (Southern Sydney Regional Organisation of Councils). Council supplements the energy it produces from its own solar installations on Council buildings with energy supplied from Origin Energy sourced from fossil-fuel generation. This energy supply contract expires on 30 June 2022.

b.   Council currently is working towards the 2036 target of an 80% reduction in emissions and 0% increase in water use. Council has undertaken to establish a 2024 progressive target in the 2020 - 2024 Community Strategic Plan (CSP).

c.   According to the CSIRO, AEMO (Australian Energy Market Operator) and other sources, renewable electricity costs are now generally lower than fossil-fuel based electricity and falling (2,3,4,5).

d.   Council declared a climate emergency in September 2019 and intends to take all practical steps possible to reduce its greenhouse emissions.

e.   The councils of Randwick, Ryde, Inner West, Waverley, Canterbury Bankstown, Canada Bay, Liverpool & Woollahra have recently passed motions opposing fracking and sourcing gas from Coal Seam Gas extraction by Origin Energy.

2.  Resolves the following:

a.   Council commits to securing the maximum allocation from renewable electricity generation at the earliest possible opportunity when it is due to renew its energy supply contract from 1 July 2022 onwards.

b.   Expressing our support for the traditional owners and communities in the Northern Territory, who have expressed their strong opposition to Coal Seam Gas extraction and fracking due its threats to the climate, and to their lands, waters and rights.

c.   Requesting that Origin Energy cease all plans to conduct Coal Seam Gas extraction and fracking in the Northern Territory and elsewhere due to its impact on the climate, communities, environment and water, and commit to further investment in environmentally and socially sustainable renewable energy projects.

d.   Council considers funding towards suitable projects in the 2021/2022 financial year that will assist in tracking Council’s total renewable energy generation across all its facilities to accurately report what percentage of Council’s energy usage is sourced from local and contracted renewable energy generation.

e.    That staff report back to Council on the options for achieving this as soon as practicable.

Councillor Andrew Zbik

Councillor

 

 

ATTACHMENTS:

AT‑1View

References fro motion on notice - A Zbik

1 Page

Available Electronically


 

Ordinary Council Meeting 19 October 2020

Notice of Motion - Mental Health Services in Lane Cove

 

 

Subject:          Notice of Motion - Mental Health Services in Lane Cove    

Record No:    SU7739 - 60279/20

Division:         Lane Cove Council

Author(s):      Councillor Karola Brent 

 

 

Executive Summary

                                                              

This October is Mental Health Month and the purpose of this report is to request that Council support of issues of mental health and wellbeing in our community.

 

Background

 

Almost 50% of Australians aged 16 and over experience mental illness at some point in their lifetime and 1 in 5 Australians experiences mental health issues in any given year (Fifth National Mental Health and Suicide Prevention Plan, 2017). In NSW, close to a quarter of people (about 1.8million) are believed to live with an underlying or undiagnosed mental illness (Mental Health Commission’s report, 2014).  The statistics show a growing trend and, while mental health issues vary regionally and by age, gender and cultural background, they impact all of us in every community.

 

This year’s unexpected events of bushfires, the COVID-19 pandemic and consequent economic fallout will no doubt exacerbate the situation in most communities.

 

The Fifth National Mental Health and Suicide Prevention Plan (2017) commits all governments to work together to achieve integration in planning and service delivery at the regional level. The Plan includes a nationally agreed set of priorities and actions to build a stronger, more transparent and effective mental health system.

 

In NSW, the Mental Health Commission’s  Living well: A strategic plan for mental health in NSW 2014–2024 calls for stronger local decision making and greater accountability. The plan considers local government a partner with a vital role in fostering local ownership and control over initiatives to improve community wellbeing.

 

Despite efforts and improvements in the past 25 years, the delivery of mental health services in NSW is difficult to navigate and is often inefficient. An unintegrated array of State and Commonwealth agencies alongside the private sector, community organisations and not-for-profits perform a variety of health service-related, community support, research and advocacy roles. Simply put, for someone seeking appropriate preventative and local services, it is rather difficult to navigate this environment.

 

Conclusion

 

Council should explore its role in the mental health landscape as a resource of information for our residents, which may range from a simple directory format to a more comprehensive mental health hub that creates a community, reduces stigma and disseminates reliable information to those in need through events, seminars and online connectivity.

 

 

 

 

 

 

 

RECOMMENDATION

That Council:-

1.     Explore and expand its role in the mental health landscape as a local resource to disseminate information, provide community support and advocacy to residents struggling with mental health issues, illness and prevention;

2.     Develops a framework around Mental Health Month that builds awareness, reduces stigma surrounding mental illness and celebrates mental health; and that

3.     Receive a report on the above.

 

 

 

 

Councillor Karola Brent

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 19 October 2020

Notice of Motion - Additional consultation session of the Bob Campbell Oval Masterplan on site

 

 

Subject:          Notice of Motion - Additional consultation session of the Bob Campbell Oval Masterplan on site    

Record No:    SU8090 - 60373/20

Division:         Lane Cove Council

Author(s):      Councillor Francis Vissel 

 

 

Executive Summary

                                                              

There has been a great amount of interest in the community with regard to the Bob Campbell Oval proposal.  Following the July Council meeting when on site the Exhibition was discussed there was great enthusiastic anticipation by the community that the consultation would be held on site.

However, as I understand it, due to the COVID-19 two drop-in sessions were held on 6th and 13th October respectively in the Terrace Room in the Little Street development.

 

The decision to hold it on the Oval was supported enthusiastically by all Councillors and I have received various requests to hold a session on the Oval.

 

I believe that with Council staff’s expertise, the COVID Situation could be managed, similarly to that held in the Terrace Room, where tickets are applied for and only so many people at a time be allowed to enter.  There is a high wire fence as you enter the oval, and the entries can be easily controlled.

 

There was also the question of the Technical Expert who was to respond to questions by video link. This could be overcome for this session by those wishing to speak with him, registering for a separate Zoom session organised by Council at another time.

 

Staff could welcome participants and allow so many in at a time. 

 

The exhibition can be set up on the Oval, the areas marked out as per the Council Resolution of July 2020.

 

Having regard to the benefit to the community of a site inspection where all can be explained in real terms, I am seeking an additional exhibition session on the Bob Campbell site.

 

RECOMMENDATION

That, subject to the relaxing of the COVID-19 restrictions, an extra consultation session be held on Saturday morning, 24 October 2020 or 31 October 2020 from 9 am to 1pm onsite and the deadline for submissions be extended for a further week to allow for any further submissions after the site visit.

 

 

 

Councillor Francis Vissel

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 19 October 2020

St Leonards South Development Control Plan and Landscape Master Plan - Post Exhibition

 

 

Subject:          St Leonards South Development Control Plan and Landscape Master Plan - Post Exhibition    

Record No:    SU5943 - 58615/20

Division:         Environmental Services Division

Author(s):      Lara Fusco 

 

 

Executive Summary

 

The purpose of this report is to outline and adopt the amendments to the Development Control and Landscape Master Plans for St Leonards South to reflect Council’s resolution when finalising Planning Proposal 25 for the St Leonards South area, which was ultimately gazetted by the NSW Department of Planning, Industry and Environment on 31 August 2020 and will take full effect from 1 November 2020.

 

These amendments aim to ensure that any development application lodged for land is consistent with Council resolutions, legislative changes, recent Local Environmental Plan amendment, and design objectives for the St Leonards South residential precinct.

 

It is recommended that Council adopt the final amended Development Control Plan (DCP) and Landscape Master Plan (LMP), and notify the Department of Planning, Industry and Environment accordingly.

 

Background

 

To ensure the community and Council’s vision of a highly liveable precinct, Council prepared a series of planning documents to support the Planning Proposal.

 

On 11 May 2020, Council resolved to:

 

E. Amend Planning Proposal 25, DCP and associated documents to reflect A,B,C and D above and submit the revised Planning Proposal 25 to the Minister for Planning and Public Spaces together with updated respective supporting reports and letters in relation to infrastructure support (e.g. Department of Education), being consistent with Council’s current position. (See AT-1)

 

Since then, a number of refinements have been made to the DCP (see AT-2 and AT-3) and LMP (see AT-4) including simplified objectives, figures, and minor corrections to ensure consistency with Council’s resolution and legislative requirements. The preparation of DCPs is governed by Section 3.43 of the Environmental Planning and Assessment Act:

 

5)  A provision of a development control plan (whenever made) has no effect to the extent that -

a)   it is the same or substantially the same as a provision of an environmental planning instrument applying to the same land, or

b)   it is inconsistent or incompatible with a provision of any such instrument.

 

In addition to the principal purposes defined in the Act, the St Leonards South Development Control Plan will control the built form, particularly regarding Park Road west and River Road south, to moderate the transition impacts on lower density properties.

 

The purpose of the Landscape Master Plan is to ensure integration of the built form and private space with the public domain, thereby enhancing the liveability of the precinct.

In order to deliver the precinct, all future Development in this precinct will be required to be constructed and completed to the specifications of the DCP and LMP in order to qualify for LEP Incentive Height of Buildings and Floor Space Ratios bonus components.

 

Discussion

 

Council’s draft DCP has been amended to take into account:

·    The 11 May 2020 Council report and resolution on St Leonards South,

·    Legislative changes to the NSW Environmental Planning and Assessment Act, and

·    Finalised Planning Proposal 25 (LEP amendment 25).

 

A summary of the changes are provided below. For detailed changes in the DCP refer to AT-2 and AT-3, and for the LMP refer to AT-4 attached.

·    Additional text has been included under section 1.2 to clarify the interplay between the general clauses under the Lane Cove DCP and the site-specific clauses in the St Leonards South DCP;

·    The objectives under section 2.0 have been refined and simplified, while being consistent with Council’s vision;

·    The closure of Berry Lane has been included under section 4.2;

·    Inclusion of integrated direct access dwellings along Park Road, as a result of Council’s May resolution;

·    Specific setback provisions have been included for the East-West link and new road to ensure improved building separation and amenity;

·    Schedule 8.1 has been renumbered and retitled to Table 6.2.11 – Requirements to be entitled to Incentives. This tables outlines all controls in respect of each Area. An additional column has been added to show the new maximum height in metres for each area as well as the maximum height of buildings in storeys;

·    Amendments under section 5.0 Infrastructure are updated to be consistent with the wording in the LEP (i.e. community facilities, recreation areas, affordable housing);

·    Additional text is added under section 6.0 Built Form to clarify building setbacks and building separation to be consistent with Apartment Design Guide (ADG) and Council’s general DCP requirements;

·    Amendments have been incorporated into Section 7.0 Landscape including (but not inclusive of) controls to ensure an appropriate interface between the public and private domain, and to be consistent with the LMP. The LMP has been amended in accordance with the modifications made under this section of the DCP, including figure and wording changes.

·    Text has been reworded for Public Art to provide a minimum value of 0.1% of the development construction value;

·    Under Section 8.0 Sustainability, additional sustainability measures for the precinct have been changed from using the National Australian Built Environment Rating System (NABERS) to Nationwide House Energy Rating Scheme (NatHERS) to incorporate energy efficiency measures through building design;

·    The title heading for Section 9.0 has been changed to Infrastructure spending, and the text has been simplified to reduce repetition;

·    A number of the DCP figures have been amended (including 8.2, 8.3, 8.4, 8.5, 8.7, 8.8, 8.9, 8.11, 8.13, 8.15, 8.18, and 8.19) either in accordance Council’s resolution or to reflect changes in the applicable/correlating text;

·    Minor corrections including grammatical and wording changes, and repeated terms and phrases have been deleted throughout the document; and

·    Some figures in the LMP have been updated and only the final design is in the Plan.  

 

Conclusion

 

Council’s vision for St Leonards South is to create a liveable residential precinct that promotes and delivers a holistic best practice approach to housing while having regard to residential amenity, sustainable urban design, increased open space, pedestrian connectivity, and efficient traffic movements.

 

The changes made to the document reflect Council’s resolution in response to the community consultation undertaken. It is considered none of the changes require additional community consultation. The documents referenced in this report will enable the implementation of site-specific planning controls to coordinate development and deliver Council’s vision and create a new standard of residential liveability.

 

RECOMMENDATION

That Council:-

1.   Adopt the amended Development Control Plan attached at AT-2 and AT-3 for Locality 8 – St Leonards South, and the Landscape Master Plan attached at AT-4;

2.   Notify the Department of Planning, Industry and Environment of the outcome.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Extraordinary Council 11 May 2020 MINUTES - St Leonards South Update – Design Charrette Response

7 Pages

Available Electronically

AT‑2View

St Leonards South Development Control Plan (Part A)

34 Pages

Available Electronically

AT‑3View

St Leonards Development Control Plan (Part B)

21 Pages

Available Electronically

AT‑4View

St Leonards South Landscape Master Plan

73 Pages

Available Electronically

 

 


 

Ordinary Council Meeting 19 October 2020

St Leonards South - Draft Section 7.11 Contributions Plan

 

 

Subject:          St Leonards South - Draft Section 7.11 Contributions Plan    

Record No:    SU6702 - 58475/20

Division:         Environmental Services Division

Author(s):      Lara Fusco; Terry Tredrea; Christopher Pelcz 

 

 

Executive Summary

 

The purpose of this report is to outline the next steps for the St Leonards South draft Section 7.11 Contributions Plan.

 

Planning Proposal 25 for the St Leonards South Residential Precinct was finalised by NSW Department of Planning, Industry and Environment on 31 August 2020 and will take full effect from 1 November 2020.

 

As a result, the site-specific Section 7.11 Contributions Plan for the St Leonards South Precinct requires amendment to incorporate previous Council resolutions, legislative changes, finalisation of Planning Proposal 25 and supporting documents.

 

However, due to the nature of these changes it is recommended that Council re-exhibit the draft Section 7.11 Contributions Plan before it is submitted to the NSW Independent Pricing and Regulatory Tribunal (IPART). A report outlining the new plan will be submitted to the November Council meeting. It is also recommended that Council temporarily suspend the application of the current Section 7.11 Contributions Plan for the St Leonards South Precinct until IPART approves Council’s St Leonards South precinct specific Section 7.11 Contributions Plan.

 

Background

 

On 11 May 2020, Council, interalia, resolved to:

 

E. Amend Planning Proposal 25, DCP and associated documents to reflect A,B,C and D above and submit the revised Planning Proposal 25 to the Minister for Planning and Public Spaces together with updated respective supporting reports and letters in relation to infrastructure support (e.g. Department of Education), being consistent with Council’s current position.

 

F.   Delegate Authority to the General Manager to update the draft s7.11 Plan having regard to the amended Planning Proposal and seek approval from IPART for the Plan.

 

G.  Subject to Ministerial approval of Planning Proposal 25:-

 

a. commence the process to close Canberra Avenue, between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park once the section 7.11 Plan funding has been confirmed.

 

Following this, the NSW Department of Planning, Industry and Environment finalised the St Leonards and Crows Nest 2036 Plan on 29 August 2020. The area now has a Special Infrastructure Contributions (SIC) levy of $15,100 per additional new dwelling – this will be implemented at the Development Application stage. It is important to note that the SIC does not affect Council’s Section 7.11 Contributions Plan as they will be collecting funds for different infrastructure items.

 

Council’s Planning Proposal was also gazetted on 31 August 2020 by the NSW Department of Planning, Industry and Environment. This amendment will take full effect from 1 November 2020.

Staff have amended the draft Section 7.11 Contribution Plan to reflect Council’s 11 May 2020 resolution.

 

Discussion

 

Council’s draft Section 7.11 Contributions Plan must be amended to take into account:

 

·    The 11 May 2020 Council report and resolution on St Leonards South,

·    Legislative changes to the NSW Environmental Planning and Assessment Act in 2018,

·    Finalised Planning Proposal 25 (LEP amendment 25), and

·    Amended Development Control Plan and Landscape Master Plan.

 

It is also important to note that the draft Section 7.11 Contributions Plan will likely have increased contribution rates than previously exhibited, due to decreased number of dwellings. Accordingly, it is recommended that Council re-exhibit the draft Section 7.11 Contributions Plan before it is submitted to IPART. This will not affect the General Manager’s delegation issued on 11 May 2020. Work is currently underway by Council’s consultants, and a report outlining the results will be submitted to the November Council meeting with a recommendation that the revised plan be exhibited.

 

Given the impending commencement of the LEP amendment on 1 November, 2020, it is recommended that Council suspend the application of the existing Lane Cove Section 94 Contributions Plan (August 1996) to the St Leonards South area (shown in Figure 1 below).

 

Figure 1: St Leonards South area

 

This suspension is necessary as Development Applications (DA) may be lodged prior to the St Leonards South specific s7.11 plan being approved by IPART and Council needs to ensure its current LGA wide s7.11 plan does not apply to the precinct, as it would levy lower rates that would not be capable of funding the proposed infrastructure. If a DA is ultimately to be determined prior to IPART approval of the precinct specific plan, it is proposed to utilise the VPA process to seek a contribution equivalent to that being sort through the IPART process as an offset against the s7.11 contribution requirement. The VPA would confirm the existing incentives outlined in the LEP and DCP, NO additional considerations would be available.

Conclusion

 

Council’s draft Section 7.11 Contributions Plan for St Leonards South has been amended to incorporate previous resolutions, legislative changes, and finalisation of other strategic planning documents (State and Local).

 

However, due to the nature of the changes it is recommended that Council re-exhibit the draft Section 7.11 Contributions Plan before it is submitted to NSW Independent Pricing and Regulatory Tribunal (IPART) for assessment. A report will be submitted to the November Council meeting addressing this.

 

It is also recommended that Council suspend the current Section 7.11 Contributions Plan from applying to the St Leonards South area until IPART approves Council’s site-specific Section 7.11 Contribution Plan.

 

RECOMMENDATION

That Council:-

1.   Receive a report at the November 2020 meeting on the amended Section 7.11 Contributions Plan for the St Leonards South Residential Precinct, prior to being re-exhibited;

2.   Suspend the application of the Lane Cove Section 94 Contributions Plan (August 1996) to the St Leonards South Precinct (shown in Figure 1 of this report) until IPART approves Council’s precinct specific Section 7.11 Contribution Plan for the area.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 19 October 2020

Consultation Results for Finlayson Street Indented Parking Bays

 

 

Subject:          Consultation Results for Finlayson Street Indented Parking Bays    

Record No:    SU1326 - 58863/20

Division:         Open Space and Urban Services Division

Author(s):      Sashika Perera 

 

 

Executive Summary

 

Council considered a report at the November 2019 Council meeting, “Village Traffic Changes -  Coxs Lane / Finlayson / Birdwood”, which included concerns raised by new residents of Finlayson Street regarding a proposed ‘No Parking’ restriction on Finlayson Street. The restrictions were subsequently installed to improve traffic flow. However, to ensure residents’ concerns were addressed, Council resolved to:

 

Review the impacts and need for any further changes once The Canopy developments opens in June 2020 by no later than November 2020.

 

The review process involved consultation with residents of Finlayson Street regarding a proposal to provide additional short-term parking. This report outlines the consultation results on a proposal to install indented parking bays on Finlayson Street and recommends that:

 

·    Council install two indented parking bays for short-term deliveries and removalist trucks on Finlayson Street as depicted in AT-1 subject to approval of the Traffic Committee; and

 

·    An appropriate time restriction for the two indented parking bays to be determined by the Traffic Committee.

 

Background

 

The November 2019 Council meeting provided an update on the Village Traffic Changes including the implementation of ‘No Parking’ restrictions on Finlayson Street between Coxs Lane and Rosenthal Avenue.

 

The ‘No Parking’ restrictions generated concerns from new residents of Finlayson Street where it was stated that provision for short-term parking should be made on Finlayson street to accommodate deliveries to residences. In response to these concerns, the November 2019 Council meeting resolved that:

 

“Council review the impacts and need for any further changes once The Canopy developments opens in June 2020 by no later than November 2020”

 

As part of the review process, Council undertook consultation with residents of Finlayson Street regarding a proposal to install a parking bay near number 15 Finlayson Street.

 

The survey also seeked to gain residents’ views on the number of bays as well as the preferred nature of use.

 

Given the proximity to Lane Cove Village, the proposal stated that the indented bay is to be time restricted to 15-minute parking at all times. However, an appropriate time restriction should be determined by the Traffic Committee based on its intended use.

 

 

Discussion

Council delivered 150 letters to residents of Finlayson Street on 16 September 2020 seeking their views on the proposed indented parking bays near 15 Finlayson Street. Residents were given a two (2) week response time in which Council received 60 responses (40% response rate).

 

The consultation results are depicted in AT-2 and can be summarised as follows:

 

·    72% of residents who responded supported the proposal to install parking bay/s in front of 15 Finlayson Street;

·    58% of residents who responded indicated support for two indented parking bays whereas 17% stated their preference is one space;

·    67% stated they would be utilising the indented parking bays for food delivery and/or removalist trucks whereas 7% indicated other uses of similar nature i.e. picking up passengers, parcel deliveries etc.

 

28% of respondents did not support the proposal and the main reasons for opposition were that:

 

·    The proposal would result in the loss of green area and shrubs;

·    The Canopy provides adequate parking for deliveries; and

·    Residents were content with the current ‘No Parking’ restrictions.

 

Conclusion

 

The majority of residents who responded to the survey (72%) supported the proposal to install an indented parking bay on Finlayson Street. They also indicated that their preference is for two indented parking bays for the use of short-term deliveries and/or removalist trucks.

 

RECOMMENDATION

That:-

1.    Council install two indented parking bays for short-term deliveries and removalist trucks on Finlayson Street as depicted in AT-1 subject to approval of the Traffic Committee; and

2.    An appropriate time restriction for the two indented parking bays to be determined by the Traffic Committee.

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

Indented Parking Bay on Finlayson Street

1 Page

 

AT‑2View

Consultation Results for Indented Parking Bay on Finlayson Street

1 Page

 

 

 


 

Ordinary Council Meeting 19 October 2020

The Canopy Parking Arrangements

 

 

Subject:          The Canopy Parking Arrangements    

Record No:    SU1326 - 59171/20

Division:         Open Space and Urban Services Division

Author(s):      Sashika Perera 

 

 

Executive Summary

 

At the December 2019 Council meeting, Council adopted the temporary parking arrangements for Level P4 of The Canopy car park which has been operational for ten months. Council also resolved to assess the success of these parking arrangements in the view to making them permanent if appropriate.

 

This report assesses the effectiveness of the temporary parking arrangements in Level P4 of The Canopy car park and recommends that Council adopt the current parking arrangements on Level P4 of The Canopy on a permanent basis.

 

Background

 

The Canopy car parking became operational in December 2019. This included a temporary long stay parking arrangement as follows:

 

a)         An unrestricted business parking scheme be available for local businesses, with a maximum of 50 to be issued, subject to payment of the fee in Council’s Fees and Charges;

b)         A casual early bird parking scheme be available for all day on weekdays only, subject to customers entering and exiting at the sign posted times and payment of the fee which is to be 1/240 of the annual fee in Council’s Fees and Charges;

c)         There shall be no guarantee of a space once P4 is full, if the customer parks on other levels of the car park, the standard parking rates will apply; and

d)         A report come back to Council in six months after the car park has opened to assess the success of the parking arrangements.

The effectiveness of the parking arrangements has been measured in terms of the average utilisation for the early bird parking and business parking permits on weekdays and weekends over a four-week period.

 

It must be noted that the casual early bird parking was extended to weekends in September 2020.

 

Discussion

 

The average utilisation of The Canopy car park over a four-week period can be summarised as follows:

 

·    For the early bird parking on weekdays and weekends there were 20 and 8 spaces respectively occupied out of the available 140 spaces;

·    30 business parking permits (out of 50) have been purchased;

·    The average utilisation for the entire Level P4 on weekdays and weekends is 71 and 76 spaces respectively, out of the available 140 spaces;

·    Council has not received any complaints from users of The Canopy car park regarding the parking arrangements on Level P4 .

 

Conclusion

 

The average utilisation for the early bird, business and the overall parking for Level P4 over a four-week period shows there is spare capacity for all users for future use.

 

There has also been a significant uptake in the business parking permit scheme since the opening of The Canopy car park and there is opportunity for additional permits to be granted if required.

 

RECOMMENDATION

That Council adopt the current parking arrangements on Level P4 of The Canopy car park on a permanent basis.

 

 

 

 

 

 

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 19 October 2020

LGNSW Excellence in the Environment Award - Behaviour Change in Waste

 

 

Subject:          LGNSW Excellence in the Environment Award - Behaviour Change in Waste     

Record No:    SU6278 - 60201/20

Division:         Environmental Services Division

Author(s):      David Wilson 

 

 

Executive Summary

 

Council has recently received the Excellence in the Environment - Behaviour Change in Waste Award (Division B population of 30,000 to 70,000) for our Multi Unit Development (Residential Units) – Waste Avoidance Program, from Local Government NSW (LGNSW).

 

The Award is recognition for the positive waste management outcomes delivered by Council over the past 4 + years in relation to this specific and targeted project, as well as the positive contribution to community. Overall the project has resulted in a significant reduction in waste dumping, by increasing community awareness of opportunities to donate or reuse unwanted items and create streetscape improvement encouraged by this innovative project.

 

Background

 

The LGNSW Excellence in the Environment Awards are held annually and aims to recognise outstanding achievements by NSW Councils in managing and protecting the environment. There are three divisions based on a council’s population:

 

·        Division A: for a population less than 30,000

·        Division B: for a population of 30,001 to 70,000

·        Division C: for a population of more than 70 000


Discussion

 

The Waste Avoidance Project, funded by the NSW EPA’s Better Waste and Recycling Fund, began at Lane Cove Council in January 2016. The aim of the project has been to reduce illegal dumping outside multi-unit dwellings (MUDs), with the intention to improve street amenity and reduce costs to council from managing illegal dumps. Secondary outcomes were greater diversion of waste from landfill into reuse or recycling.

 

Since the commencement of the project, the community has responded positively over 75% fewer dumps in the vicinity of MUDs.

 

Key Findings

 

The methods used to encourage residents to stop illegal dumping and to increase awareness that kerbside dumping is not acceptable and that by planning ahead, residents can readily access practical and cost effective waste management solutions. To do this, council implemented a combination of preventative (promotional) and pro-active intervention measures to significantly reduce dumping in MUD hot spot areas.

 

Key findings were that:

 

-      Positive reminders facilitated behaviour change. Positive reminders were a combination of signage or flyers about Council Clean Up and waste avoidance options, or coupled to regulatory reminders and warnings. Positive information at any stage appealed to residents who desire to do the right thing. It is beneficial in these circumstances to provide this as a motivation for behaviour change, particularly when a resident may not be aware of preferred practices to start with; “When one knows better, they can do better.” Overall results from this method showed Council Clean Up booking rates increasing as illegal dumping decreased.

 

-      Residents are changing their behaviour; this is evident with the substantial reduction of 75% in dumping since the project’s initiation in 2016.

 

-      Intervention is most effective when applied immediately. The immediacy of a response after an incident occurs reinforces to the community that new social expectations apply and will be upheld; 33% of dumps disappeared immediately (within 24hours) after being dumped if treated that same day with enforcement tape, stickers and flyers in letterboxes. A similar response was seen when stickers and tape only were used. The rapid response from council could be seen by the whole community. (Regular patrols of hotspot areas are necessary to establish consistency.)

 

-      A personalised letter to every unit within a whole unit block had longer lasting effect. In every instance where a tailored letter was delivered, addressed to the unit occupant and articulating locations of dumps in relation to that property, dumping ceased. The letters contributed to 100% reduction in illegal dumping at various repeat dumping localities. These were properties where dumping had been continual over several years.

 

-      Simple actions can have great impact, suggesting that once residents are aware of the correct processes and feel compelled to abide by these (through external motivation such as threat of regulation or knowledge of ease of practice) behaviour can rapidly change.

 

Conclusion

 

The outcomes of the project to date show that timely and continued contact with our local stakeholders (property owners, residents renting, real estate agents, waste contractors and Council staff) is essential.

 

Results to date indicate that sustained short term community awareness of waste management practices has increased, but continued promotion and raising of awareness is required in the longer term.

 

The staff in the waste section are to be commended for their work in delivering these outcomes and for receiving this award from Local Government NSW.

 

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 19 October 2020

Draft Birdwood Lane DCP Amendment

 

 

Subject:          Draft Birdwood Lane DCP Amendment    

Record No:    SU7892 - 58492/20

Division:         Environmental Services Division

Author(s):      Terry Tredrea; Christopher Pelcz 

 

 

Executive Summary

 

Council engaged an urban design consultant to undertake a Streetscape analysis investigating Rosenthal/Birdwood Lane, with a view to creating DCP controls for Birdwood Lane. In the process, consultants have taken advice from Council planners, open space officers, traffic officers, landscape architects and Council’s Project Manager for The Canopy. The purpose of any DCP locality control is to create a well-designed, accessible and connected public domain in the Birdwood Lane area and align with action 9.1 in Council’s Delivery Program to “investigate and develop streetscape controls for the activation of Village Laneways”.

 

At the Councillor workshop on 10th August, Councillors sought additional clauses addressing three issues that have arisen in Birdwood Lane since the opening of The Canopy:

1.   Advertising structures on public and private land – measures to reduce adverse impacts on the appearance of clutter and the circulation of pedestrians;

2.   Public art - measures to encourage mural opportunities, possibly as part of a DA consent;

3.   Outdoor dining – measures to promote and control.

 

To this end, the attached draft DCP (AT-1) addresses design measures for built form, visual connections between spaces, pedestrian linkages, parking and vehicle movements, and the public domain including landscaping, public art, paving and street furniture. These three issues are addressed in the draft DCP.

 

The attached draft Development Control Plan Part D Commercial and Mixed-Use Localities - Locality 6 – Birdwood Lane Area is recommended to be publicly exhibited, with any comments reported back to Council for consideration.

 

Background

 

As described in its 2018 Community Strategic Plan, one of Council’s Built Environment Strategies is to:-

 

“Encourage community ownership of assets and local streets” (p 27)

 

To achieve this, Council commenced to:

 

“undertake investigations and develop streetscape controls for the activation of Village Laneways.”   (2019-2021 Delivery Program and Operational Plan p25)

 

In May 2019, Aurecon was engaged to undertake a Streetscape Project investigating Rosenthal/Birdwood Lane, Sera Street and Little Street with a view to creating DCP controls for each sub-precinct. The Rosenthal/Birdwood Lane sub-precinct is the subject of this first of three Draft DCP amendments.

 

The Councillor workshop on 10th August sought additional clauses addressing three issues that have arisen in Birdwood Lane since the opening of The Canopy.

 

Discussion

 

This draft DCP section aims “to create a shared urban space that connects, promotes and contributes to the social, cultural and fine grain urban fabric of the Lane Cove Village”. It addresses:

·    Built form (setbacks, height, facades, materials, glazing, activation, permeability, awnings)

·    Land uses

·    Arcades

·    Visual connections between spaces (safety, orientation, signage)

·    Pedestrian desire lines – linkages and connections (incl. thru links/midblock connections)

·    Parking and vehicle movements including service vehicles

·    Public domain including landscaping, public art, paving and street furniture

·    Car and pedestrian interface.

 

Points of interest.

 

1.   Rosenthal Lane has been renamed as the southern leg extension of Birdwood Lane (the pedestrian link into the Plaza loses the superfluous name Birdwood Lane).

2.   New buildings have laneway frontage setback of three metres at ground level.

3.   Only retail uses are to be provided at ground floor level in new developments fronting Birdwood Lane.

4.   New buildings are to address Birdwood Lane with active edges (such as doors, windows, shops and outdoor seating) and a canopy/cover (except the southern leg).

5.   Wayfinding is considered for arcades and thru links/midblock connections.

6.   In lieu of on-site parking for commercial or shop-top housing, Council may accept a cash contribution, where the development cannot accommodate on-site parking. The number of loading zones along Birdwood Lane should be minimised.

7.   Laneway paving that suggests pedestrian priority (including driveways). Plus speed control devices recommended.

 

Advertising Structures

 

Measures are sought to reduce impacts of advertising structures on the appearance of clutter and the circulation of pedestrians in Birdwood Lane. Lane Cove Development Control Plan Part N (Signage and Advertising) states:

 

“Advertising Structures are generally not permitted within the Lane Cove LGA.”

 

It should be noted that, “Advertising Structure” in the DCP means a structure used or to be used principally for the display of an advertisement (clause  2.7); for example, A-frames, banners and other freestanding structures.

 

Furthermore,

 

“Signage and advertising in the Lane Cove Village Town Centre should respect and enhance the village character of the Centre, while appropriately informing users of the business type and location in order to promote the economic viability of the Centre.” (Clause 2.2.1).

 

Therefore, it is recommended that an additional clause be inserted in the DCP Part D Commercial Development – Locality 6 –Birdwood Lane to read:

 

1.13     Signage

 

Provision

a)     Regulatory and business signage is to be minimised in the laneway to assist in providing a high-quality streetscape that minimises unnecessary signage and is clutter-free.

b)     Advertising structures are generally not permitted within the Lane Cove LGA.

c)     Signage and advertising in the Lane Cove Village Town Centre should respect and enhance the village character of the Centre. See DCP Part N (Signage and Advertising).

 

Public Art

 

Measures are sought to encourage community-inspired murals in Birdwood Lane. Lane Cove Development Control Plan Part L – Public Art, encourages:

 

1.       Developer Project-Based Public Art Commissions; and

2.       Council’s Redevelopment Sites, Streetscapes and other Projects

 

and references the Lane Cove Council Public Art Policy & Implementation Plan (adopted Nov. 2010)

 

It should be noted that at Council’s 21 September meeting, it was resolved that Council, “undertake a Village Public Art Program as outlined in the report,” which adds support to the recommendation that an additional clause be inserted in the DCP Part D Commercial Development – Locality 6 –Birdwood Lane to read:

 

1.14     Public Art

 

Provision

 

Council supports public and private art commissions consistent with the DCP  Part L – Public Art and the Lane Cove Council Public Art Policy & Implementation Plan.

 

Outdoor Dining

 

Measures are sought to promote and control outdoor dining in Birdwood Lane. Currently, Council has no general DCP controls governing outdoor dining associated with restaurants and cafes. Birdwood Lane, to be inserted in the DCP Part D Commercial Development – Locality 6 –Birdwood Lane to read:

 

1.15     Outdoor Dining

 

Provision

 

a)      Outdoor restaurant activities are restricted to designated areas only where safe and accessible paths of travels are maintained for all pedestrians and in particular the frail aged, persons with prams, persons with a visual or mobility impairment and children who require safe, continuous and logical access along footpaths;

b)      Outdoor restaurant activities shall provide a high quality visual environment and ensure that outdoor restaurant activities contribute to the streetscape character of the locality.

 

Community Consultation

 

Statement of Intent

 

The consultation is to obtain community feedback on the amendment to the Draft Development Control Plan. Any comments received will be reviewed and considered to refine the plan’s content, or to determine whether or not to proceed with the amendment.

 

Method

 

The following table outlines the consultation strategy and methods that will be used for this Draft Development Control Plan across a range of stakeholders.

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and community groups

Government Agencies, adjoining Local Government Areas and affected property owners

Lane Cove Community and community groups

Proposed Medium

eNewsletter, and social media

Notification Letters

Website Exhibition

Indicative Timing

Nov – Dec 2020 (6 weeks)

Nov – Dec 2020 (6 weeks)

Nov – Dec 2020 (6 weeks)

 

Conclusion

 

Council’s consultant has prepared a site-specific Draft Lane Cove Development Control Plan amendment for Part D Locality 6 – Birdwood Lane.

 

The proposed Draft Development Control Plan amendment is consistent with the form and content of previous Locality controls within Council’s DCP, and has been assessed by relevant Council officers.

 

It is recommended that Council approve the attached Draft Development Control Plan amendment for Birdwood Lane for public exhibition.

 

RECOMMENDATION

That:-

1.   Council endorse the draft Development Control Plan attached at AT-1 for the purpose of public exhibition and undertake community consultation for a period of six (6) weeks in accordance with the consultation strategy outlined in this report; and

2.   A further report be submitted at the conclusion of the exhibition.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Draft DCP for Birdwood Lane

5 Pages

 

 

 


 

Ordinary Council Meeting 19 October 2020

Draft Model Asbestos Policy  - Post Consultation

 

 

Subject:          Draft Model Asbestos Policy  - Post Consultation    

Record No:    SU1611 - 59872/20

Division:         Environmental Services Division

Author(s):      David Wilson 

 

 

Executive Summary

 

The Draft Lane Cove Asbestos Policy has been prepared based on the Local Government NSW (LGNSW) Model Asbestos Policy. The Draft Policy is a comprehensive document, that when applied consistently, will ensure that risks associated with asbestos are minimised and controlled.

 

At Council’s Ordinary Meeting of the 17 August 2020, Council resolved to;

1.   Adopt for the purpose of public exhibition, the Draft Asbestos Policy 2020 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 Asbestos Policy 2020 together with a report on any submissions received, be considered by Council

Following the exhibition period, one submission was received that has been considered and addressed as part of this report. It is recommended that the Draft Asbestos Policy be adopted without amendment.

 

Background

 

Local Government plays a critical role in reducing the risks posed by asbestos. Councils continually work with the State Government and wider public to address the legacy of asbestos in building materials and land contaminated with asbestos, as well as addressing naturally occurring asbestos.

 

LGNSW, in partnership with the Heads of Asbestos Coordination Authorities (HACA), developed a Model Asbestos Policy which:

·      Can be used as the basis for councils’ own asbestos policies

·      Outlines councils’ important legislative obligations

·      Was developed with input from council representatives

·      Was issued to all councils by the Office of Local Government under section 23A of the Local Government Act 1993.

The Draft Policy incorporates all of Council’s current asbestos management related policies, procedures and work practices into one document to enable risks associated with Asbestos to be managed effectively and safely.

 

The Draft Policy outlines:

 

·    The role of council and other organizations in managing asbestos

·    Council’s relevant regulatory powers

·    Council’s approach to dealing with naturally occurring asbestos, sites contaminated by asbestos and emergencies or incidents

·    General advice for residents on renovating homes that may contain asbestos

·    Council’s development approval process for developments that may involve asbestos and conditions of consent

·    Waste management and regulation procedures for asbestos waste in the LGA

·    Council’s approach to managing asbestos containing materials in council workplaces

·    Sources of further information.

 

Community Consultation

 

The Draft Policy was advertised in the North Shore Times, Council Website and via the e-news and Facebook page for a period of 6 weeks from the 21 August to 9 October 2020.

 

Discussion

 

Council received one submission that requested an amendment to Part 2 Clause 17 that states the following in the Draft Policy as placed on public exhibition;

17.     Advice to tenants and prospective buyers of council owned property

Council may provide advisory notes to tenants and prospective buyers of council owned property that is likely to contain asbestos.

Council may request that tenants in council property:

•           advise council of any hazards relating to asbestos

•           minimise damage to asbestos containing material

•           co-operate with council in facilitating any risk management work arranged by council

•           act on advice from council to minimise risks from asbestos.”

 

The community member requested that it be amended to;

 

a.   Council must record all reports of asbestos being found in any property it owns and its state of repair, and any remediation applied to it.

b.   Tenants and prospective buyers of council owned property built before 2003 must be asked by Council to report any asbestos they discover and if asbestos is found Council must then advise them of the hazards of asbestos.

c.   Council should inspect and report on the hazards developing in asbestos in its properties at regular intervals.

 

The submission did not outline the basis for the proposed change. Council has a risk register and an asbestos register that is mandatory and addresses these concerns. The existing wording is as per the LGNSW Model Asbestos Policy which has undergone an extensive review by legal counsel to change the wording may expose Council to an unreasonable level of a liability for purchasers of Council property and matters it may not have knowledge about.  No change is recommended.

 

Conclusion

 

The Draft Lane Cove Asbestos Policy has been prepared to provide Council with a Policy that is consistent with the majority of Council’s across NSW. The Draft Policy is a comprehensive document, that when applied consistently, will ensure that risks associated with asbestos are minimised and controlled.

 

 

RECOMMENDATION

That Council: -

1.    Adopt the Asbestos Policy shown attached at AT-1.

2.    Actively promote awareness of the Asbestos Policy and the need to identify, manage and/or remove safely, asbestos.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Draft Asbestos Policy

60 Pages

 

 

 


 

Ordinary Council Meeting 19 October 2020

Annual Financial Statements 2019/20 - Referred for Audit

 

 

Subject:          Annual Financial Statements 2019/20 - Referred for Audit    

Record No:    SU772 - 59881/20

Division:         Corporate Services Division

Author(s):      Sarah Seaman 

 

 

Executive Summary

                                                              

Council's Annual Financial Statements for the year ended 30 June 2020 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 will be recommended that Council delegate the authority to sign the statement and refer the accounts for Audit.

 

Discussion

Council's Annual Financial Statements for the year ended 30 June 2020 have been prepared and are ready to proceed for external Audit. They will be available electronically from Friday, 23 October 2020 at AT-1. The general purpose financial statements, special purpose financial statements and special schedules are required to be audited by 31 October 2020 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 2019/2020 to go forward for Audit the following resolution of Council is now required and the Statements to be signed by the delegated 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-2 be provided for signature under delegated authority by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2020

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 2020, have been drawn up in accordance with the:-

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

·     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;

·     Accords with Council’s accounting and other records; and

·    That the statement be signed following audit to ensure there are no matters 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-3 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 2020

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 2020, 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 2020 be referred for audit by Council’s external Auditors.

 

 

 

 

 

 

Jessica Quilty

Acting Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Draft Financial Statements for the Year Ended 30 June 2020

89 Pages

 

AT‑2View

General Purpose Financial Statements 2020 - Statement by Councillors & Management

1 Page

 

AT‑3View

Special Purpose Financial Statements 2020 - Statement by Councillors & Management

1 Page

 

 

 


 

Ordinary Council Meeting 19 October 2020

NSROC Design Review Panel - Appointment of Members

 

 

Subject:          NSROC Design Review Panel - Appointment of Members    

Record No:    SU8131 - 58765/20

Division:         Environmental Services Division

Author(s):      Christopher Pelcz 

 

 

Executive Summary

 

The purpose of this report is to notify Council of the outcome of the recent expressions of interest for the NSROC Design Review Panel. The adopted Terms of Reference (AT-1) for the Panel states a pool of members will be needed for up to 4 separate Councils being Lane Cove, Willoughby, Hunters Hill and Mosman.

 

The Panel pool will provide important guidance, review and an assurance process to encourage best practice, sustainability and design excellence for significant development proposals, particularly in relation to St Leonards South. After receiving nominations from a range of suitably qualified candidates, it is recommended that Council appoint all suitably qualified applicants to a pool that can be accessed by individual Councils.

 

It is also recommended the General Manager be delegated to determine the Panel pool members.

 

Background

 

Council resolved at its 18 May 2020 meeting to establish a Design Review Panel. The Panel was to comprise a Chairperson, and three other panel members each being independent specialists from the disciplines of architecture, urban design, sustainability or landscape architecture.

 

The terms of reference and fee structures were revised and adopted at the 15 June 2020 Council meeting.

 

The Expressions of Interest and advertisements for Panel members began on Friday 2 September 2020 and concluded on Friday 16 October 2020.

 

The Design Review Panel will provide advice prior to the lodgment of a significant development proposal to provide early design guidance for applicants proposing to lodge a development application. The Design Review Panel is voluntary for applicants. The Design Excellence Panel will provide input and review of the design once a Development Application is lodged to ensure design excellence is achieved and best practice sustainability performance, in line with the LEP and DCP requirements. The Design Excellence Panel is a mandatory stage of the assessment of the development application.

 

Discussion

 

As stated in the adopted Terms of Reference (AT-1), after “an open recruitment process, a number of applicants will be invited to serve as members of the Panel. Each participating Council shall select members from the panel for use”. The nominations “will form part of a pool of members that comprise a cross-section of built environment and urban design professionals. Members will be registered with relevant professional bodies and bound by respective codes of conduct”.

 

This pooled approach would include alternate panel members to cover absences or conflicts of interest.

 

Of the participating (NSROC) Councils, Lane Cove Council has taken the lead by seeking expressions of interest for suitably qualified Panel members.

 

Following the EOI process, Council received nominations from suitably qualified applicants. A full list of the respondents will be circulated separately to Councillors upon closure of the EOI process.

Given that the NSROC Design Review Panel will require a pool of members shared across four Council areas, it is recommended that all suitably qualified applicants be appointed to this pool.

 

The respective General Manager will personally or by delegation to an appropriate Manager select Panel members from the pool based on the relevant professional experience for each development proposal.

 

Conclusion

 

The Panel pool will provide important guidance, review and an assurance process to encourage best practice, sustainability and design excellence for significant development proposals, particularly in relation to St Leonards South.

 

It is recommended that Council endorse the process and appoint each suitably qualified person to the pool of members and delegate authority to the General Manager to determine the Panel members for each meeting of the respective panel.

 

 

RECOMMENDATION

That Council:-

1.   Appoint each suitably qualified applicant to the NSROC Design Review Panel pool of members; and

2.   Delegate authority to the General Manager the authority to determine the Panel Chair and panel members for each meeting of Council’s Design Review Panel and design Excellence Panel meetings..

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Final NSROC Design Review Panel - Terms of Reference

12 Pages

 

 

 


 

Ordinary Council Meeting 19 October 2020

Sustainability Small Grant Applications - Round 20

 

 

Subject:          Sustainability Small Grant Applications - Round 20    

Record No:    SU7913 - 58182/20

Division:         Environmental Services Division

Author(s):      Fiona McCleary 

 

 

Executive Summary

 

Applications for Round 20 of the Sustainable Small Grants Program, funded by Councils Sustainability Levy, closed on 30 September 2020. Three (3) applications were received and two (2) of these projects are recommended for immediate funding.

 

Background

 

The purpose of the Sustainability Small Grants Program is to assist in the development of a range of initiatives that are of direct and practical benefit to a sustainable Lane Cove community. Organisations and community groups may apply for a grant of up to $5,000 to implement sustainability projects. Council’s sustainability guiding principle is to ensure that all decisions consider a balance of economic, environmental, cultural and social elements to enhance the quality of life in Lane Cove. The Sustainability Small Grants Selection Criteria (AT-1) is attached.

 

Discussion

 

Following the promotion of Round 20 of the Sustainability Small Grants Program a total of three (3) applications were received for funding:-

 

·    Greenwich Public School – Parents and Citizens Association Inc – for the purchase and installation of bike and scooter racks at the Kingslangley Campus. The bike racks would hold 28 bikes and the scooter racks would hold 14 scooters. The grants request totals $4,997.50;

 

·    Happy Kids Early Learning - for the cost of an excursion to Reverse Garbage in Marrickville, an incursion for an artist to make recycled art with children, tools for the vegetable garden, a citrus tree with pot and soil, solar lights and an LED lighting upgrade. The grant request totals $2,392.50; and

 

·    St. Andrew’s Uniting Church Longueville – for removal of an existing 2kW solar pv system and purchase and installation of a 16.5kW solar pv system. The grant request totals $5,000.

 

Following a review of the applications (AT-2), it is recommended that two (2) projects receive funding from the Sustainability Small Grants Program:-

 

·    Happy Kids Early Learning – the centre is committed to developing the children’s awareness on the importance of recycling and reusing materials, increasing their gardening skills and reducing energy consumption in the centre.

 

·    St. Andrew’s Uniting Church Longueville – the existing solar pv 2kW system is inefficient compared with new solar panels on the market. The existing panels will be recycled by the installer. The new system would be eight times more effective than the existing panels and would have a measurable positive environmental outcome on the Church’s energy consumption. The additional $2,000 required for this project will be funded by the Church.

 

Following a review of the applications (AT-2), it is recommended that one (1) project does not receive funding from the Sustainability Small Grants Program:-

 

·    Greenwich Public School – Parents and Citizens Association Inc. With the recent upgrade to the school’s facilities there was an expectation that both school sites would be fitted out with bike racks. The P&C is encouraged to approach the NSW Department of Education to obtain state funding for the bike and scooter racks.

 

Budget

 

There is currently $15,000 remaining in the budget for this financial year. Funding of the successful applications totals $7,392.

 

Conclusion

 

It is recommended that funding for Happy Kids Early Learning and St. Andrew’s Uniting Church

Longueville be provided through the Sustainability Small Grants Program as these projects would

have direct and positive community-based outcomes and long-term environmental and social

benefits.

 

RECOMMENDATION

That Council:-

1.   Approve the funding from the Sustainability Small Grants Program for Happy Kids Early Learning to the value of $2,392.50; and

2.   Approve the funding from the Sustainability Small Grants Program for St. Andrew’s Uniting Church Longueville to the value of $5,000; and

3.  Give Public Notice of the proposed funding under Round 20 of the Sustainability Small             Grants Program, and subject to no objections being received, grant the funds as outlined             above.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Sustainability Small Grants Selection Criteria

7 Pages

 

AT‑2View

Sustainability Small Grants - Round 20 - Review of Applications

1 Page

 

 

 


 

Ordinary Council Meeting 19 October 2020

Revised Model Code of Conduct and Procedures for Local Councils in NSW

 

 

Subject:          Revised Model Code of Conduct and Procedures for Local Councils in NSW    

Record No:    SU7739 - 57399/20

Division:         Corporate Services Division

Author(s):      Simon Cole 

 

 

Executive Summary

 

The NSW Government has recently updated the Model Code of Conduct and Procedures in order to strengthen the Model Code for Local Councils in NSW as part of its commitment to improving the integrity, transparency and accountability of the local government sector. The new Model Code of Conduct and Procedures have now been prescribed under the Local Government (General) Regulation 2005.

 

This report recommends that Council’s Code of Conduct 2019 and the Procedures for the Administration of the Code, be revised in accordance with the regulatory changes issued by the Office of Local Government in August 2020.

These changes have the effect of streamlining the administration of both documents including the procedures for the investigation of breaches of the Code of Conduct and the implementation of censure or other measures. 

It is noted that the regulatory changes also provide Council with an option to increase the token value amount for the declaration of gifts and benefits from $50 to $100. This intended so it does not capture items of relatively low value.

It will be recommended that Council adopt the proposed changes outlined within this report. The new Model Code of Conduct and Procedures take effect immediately and do not require public exhibition.

Background

 

Council adopted a new Model Code of Conduct (“Model Code”) and Procedures for the Administration of the Model Code at the Ordinary Council meeting in March 2019.

The ability for Council to censure Councillors for breaches of the Code of Conduct ensures that Councillors may be made publicly accountable to their electors for their conduct.  The regulations require council officials to:

·    understand and comply with the standards of conduct;

·    fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence; and, 

·    act in a way that enhances public confidence in local government.

The Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (“Procedures”) enable councils to respond effectively to breaches of the code of conduct.

On 14 August 2020 the Office of Local Government (Circular 20-32) announced the issue of new versions of the Model Code (AT-1) and the Procedures (AT-2). 

This followed judicial consideration of the operation of both the Model Code and the Procedures in the Supreme Court of Appeal case of Cornish (2019) and in particular the procedures followed when councils investigate councillors for breaches of the Model Code. 

Discussion

Council may censure a Councillor for misconduct or breach of the Model Code under section 440G of the Local Government Act 1993, but for disciplinary action to have force in serious cases, it must be referred to the Office of Local Government and the Tribunal.   The changes required as outlined by the Office of Local Government include:

·    Limit Council to formal censuring of Councillors only; 

·    Expand the Office of Local Government’s role in Model Code breaches to step in and impose more serious penalties, such as requiring a public apology, suspension of payment of fees, or suspension or disqualification from office;  

·    Reduce the time and costs of investigating complaints and enforcing the Model Code;

·    Council must publicly disclose the findings of an investigation when censuring a councillor to ensure the public is aware of the misconduct and therefore act as a deterrent to bad behaviour;

·    Allow councillors to avoid formal censure by their council for minor offences by making voluntary undertakings including apologising and attending training, mediation and counselling. This will ensure resources are directed to investigating more serious breaches;

·    Remove the requirement for councillors to formally appoint panels of conduct reviewers to investigate code of conduct breaches - Conduct reviewers can be appointed by the Council’s General Manager; and

·    Strengthen the Model Code grounds of discrimination to reflect more contemporary standards;

 

A summary of the major changes to the Code is at (AT-3).

 

Gifts and Benefits of Token Value

 

Under the revised changes Council may increase the $50 cap on gifts and benefits to $100 per 12 month period. The $50 limit was originally a ‘rule of thumb’ limit per item dating back to the early 2000s, which has not been indexed. This change is intended to ensure it does not capture items of relatively low value once adjusted for inflation.

 

6.8 You may accept gifts and benefits of token value. Gifts and benefits of token value are one or more gifts or benefits received from a person or organisation over a 12-month period that, when aggregated, do not exceed a value of $100. They include, but are not limited to:

a) invitations to and attendance at local social, cultural or sporting events with a ticket value that does not exceed $100

b) gifts of alcohol that do not exceed a value of $100

c) ties, scarves, coasters, tie pins, diaries, chocolates or flowers or the like

d) prizes or awards that do not exceed $100 in value.

 

It is recommended that Council take up the option included in the revised Model Code to increase the $50 cap on gifts and benefits to $100 so it does not capture items of relatively low value.

 

Community Consultation

 

Both the new Model Code and Procedures were exhibited for public exhibition in early 2019.  The new Model Code of Conduct and Procedures are mandatory and take effect immediately and therefore do not require public exhibition.

 

Conclusion

 

If adopted the relevant staff responsible for the investigation of complaints will be made aware of the relevant changes to the Code of Conduct and Procedures for the Administration of the Code. 

 

Up-dated versions and the support resources are from the Office of Local Government will be made available as necessary to all staff, Councillors, Community Advisory Committee members, volunteers and contractors.

 

RECOMMENDATION

That Council adopt the revised Model Code of Conduct and the revised Procedures for the Administration of the Model Code of Conduct as attached at A1-1 and AT-2.

 

 

 

 

 

 

Stephen Golding

Manager - Risk and Corporate Safety

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Revised Model Code of Conduct for NSW Councils 2020

 

Available Electronically

AT‑2View

Revised Procedures for the Administration of the Model Code of Conduct 2020

 

Available Electronically

AT‑3View

Summary of Proposed Changes to the Code of Conduct and Procedures - October 2020

 

Available Electronically

 

 


 

Ordinary Council Meeting 19 October 2020

Pecuniary Interest Returns 2020

 

 

Subject:          Pecuniary Interest Returns 2020    

Record No:    SU2095 - 57656/20

Division:         Corporate Services Division

Author(s):      Simon Cole 

 

 

Executive Summary

 

The purpose of this report is to table the Pecuniary Interest Returns of Designated Staff and Councillors as required by the Local Government Act 1993.  This report recommends that Council notes the tabling of these returns.

 

Background

 

The disclosure of interest returns, written declarations and the disclosure of pecuniary interests at Council and Council committee meetings, supports community confidence in local government and ensures staff act honestly and responsibly, when carrying out Council functions.

 

Section 449(3) of the Local Government Act 1993 (“LG Act”) requires Designated Staff and Councillors holding these positions as of 30 June each year to lodge a “Disclosures by Councillors and Designated Persons Return” to the General Manager by 30 September that year.

 

Discussion

 

Council’s Code of Conduct replicates the Local Government Act, which requires that Councillors and designated persons complete and lodge with the General Manager a return disclosing his or her pecuniary interests within three (3) months of:-

·    Becoming a Councillor or designated person;

·    30 June of each year, and

·    Becoming aware of a new interest that must be disclosed in the return.

 

A designated person refers to:-

·    The General Manager and Senior staff;

·    A staff member who holds a position as a designated person because it involves the exercise of a function that could give rise to a conflict of interest; and,

·    Members of Committee where the Committee is exercising a function that could give rise to a conflict of interest.

 

All returns for Designated Staff and Councillors in office as at 30 June 2020 have been submitted.

 

Publication of Returns on Councils Website

 

The annual Pecuniary Interest Register is maintained in hard copy and may be inspected by the public. From January 2020 in response the Information and Privacy Commission’s (IPC) Guideline 1, dated September 2019, Council commenced the publication of the Pecuniary Interest Returns on the website, with personal identifiers (residential addresses, signatures) removed.  This follows the IPC’s interpretation that the returns are regarded as ‘open access information’ at Schedule 1 – Additional Open Access Information – Local Government Authorities of the Government Information (Public Access) Regulations 2018.

 

 

RECOMMENDATION

That Council note the Report and tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2019 till 30 June 2020.

 

 

 

 

 

 

Jessica Quilty

Acting Executive Manager

Corporate Services Division

 

 

 

Stephen Golding

Manager - Risk and Corporate Safety

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 19 October 2020

Council Snapshot September 2020

 

 

Subject:          Council Snapshot September 2020

Record No:    SU220 - 59579/20

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 September 2020.

 

RECOMMENDATION

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot September 2020

34 Pages