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Agenda

Ordinary Council Meeting

19 April 2021

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 April 2021 commencing at 7pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

Craig - GM

Craig Wrightson

General Manager

 

Council Meeting Information

 

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.

 

Meetings are conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda’s Table of Contents.  The order of the Agenda will be followed unless Council resolves to change the order at the meeting. For example, where members of the public may be interested in a specific Agenda item.

 

Please note that the Public Gallery will be open to a maximum of 30 people in accordance with current NSW Government directives and in the interests of public health.  The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom.

 

Please note all Public Forum participants must be registered to speak using the online form, no later than midnight on the day prior to the meeting (i.e. Sunday 18 April 2021).  Online speakers will receive a Zoom meeting link by email on the day of the meeting.  A time limit of three minutes applies to all speakers in the Public Forum.

 

Members of the public can also submit a written address via email to service@lanecove.nsw.gov.au. Written addresses will be circulated to Councillors, shall be a maximum of 500 words and be received by Council no later than midnight, on the day prior to the meeting.

 

If you have any queiries regarding the 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 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 April 2021

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

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 15 MARCH 2021

 

Mayoral Minutes

 

2.       Mayoral Minute - St Leonards Over Rail Plaza

 

Orders Of The Day

 

Notices of Motion

 

3.       Notice of Motion - Toy Library

 

4.       Notice of Motion - Preliminary Investigation of Options to Reduce Light 'Spill' on Urban Bushland in Lane Cove

 

Officer Reports for Determination

 

5.       Submission of a development application for the Lane Cove Indoor Sport and Recreation Facility

 

6.       State Government's proposed changes to Clause 4.6 variations

 

7.       St Leonards South draft Section 7.11 Plan – Post-consultation Report

 

8.       2021/2022 Draft Budget, Fees and Charges and Delivery Program and Operational Plan

 

9.       Sustainability Small Grants - Round 21

 

10.     Community Grants to Community Groups 2021-2022

 

11.     Remote Attendance by Councillors at Council Meetings

 

 

 

 

 

Officer Reports for Information

 

12.     Celebrating Youth Week

 

13.     Council Snapshot March 2021

 

 

 

 


 

Ordinary Council Meeting 19 April 2021

Mayoral Minute - St Leonards Over Rail Plaza

 

 

Subject:          Mayoral Minute - St Leonards Over Rail Plaza    

Record No:    SU7134 - 19622/21

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

The 2006 St Leonards Strategy established a public domain vision for the St Leonards Commercial Core precinct that would create an identifiable ‘sense of place’. Since then Council has been working on the development of a new community focal point for St Leonards, a new open space and bus interchange to be constructed over the rail corridor.

 

Council entered into a series of Voluntary Planning Agreements (VPAs) to fund the project, engaged engineers and designers, rezoned the land to permit its use as open space, and executed a terms sheet with TfNSW (Transport for NSW) with respect to the proposal. In recent months, in an effort to advance the project in line with other developments in the area, the General Manager and I sort the support of our local State and Federal politicians, The Hon. Anthony Roberts MP, Ms Felicity Wilson MP and Mr Trent Zimmerman MP.

 

Further discussions were also held at staff level with TfNSW and DPIE (Department of Planning and Environment), seeking support to deliver the project without further delays.

I am pleased to report that The Hon. Andrew Constance MP, Minister for Transport and Roads, has advised that a review has been undertaken and the agency responsible for delivery of the project was delegated to Sydney Trains (previously TfNSW).

 

Our staff have noticed subsequently that significant resources have now been committed by Sydney Trains and DPIE to the project with significant progress being achieved, including a clear approval pathway being established for the structure and a Project Delivery Agreement being produced for Council’s consideration. There are now fortnightly meetings with all parties involved.

 

While Council has never established a definitive timeframe, ideally the project should be completed to coincide with completion of the adjacent “88 Christie Street”, JQZ development, due in late 2022. JQZ, under the VPA for the site, has completed construction of the slab for Stage 1 of the plaza works or approximately 30% of the total 4750 sqm of open space proposed. This slab also provides access to the new St Leonards Library within the development and Pacific Highway underpass to St Leonards Station.

 

Council nominated this project for funding under the NSW Government’s Public Spaces Legacy Program.  DPIE have been actively assisting given the significance of the project in terms of the outcomes sought under that program and a requirement that projects be completed by the end of 2022. In this regard, Council staff believe with the current momentum that such a timeframe can be achieved.

 

In conclusion, Council’s vision for a new community focal point at St Leonards, being a new open space and bus interchange, is finally on track to be delivered. Consistent with this new momentum, I note Council’s 2021/22 Budget includes funding to commence construction (likely to be over two financial years) should the approval processes be completed to allow procurement to commence, which would be a significant milestone in this project.

 

I have already passed on my thanks to The Hon. Anthony Roberts MP, Ms Felicity Wilson MP and Mr Trent Zimmerman MP for their support.   Given the recent progress achieved, it is appropriate to also thank The Hon. Andrew Constance, MP.

 

 

 

RECOMMENDATION

 

That:-

 

1.   The Mayoral Minute be received and noted; and

2.   Council write and thank The Hon. Andrew Constance, MP, Minister for Transport and Roads for his ongoing support for this project.

 

 

 

 

 

 

 

Councillor Pam Palmer

Mayor

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 19 April 2021

Notice of Motion - Toy Library

 

 

Subject:          Notice of Motion - Toy Library    

Record No:    SU1705 - 20009/21

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik 

 

 

Executive Summary

                                                              

This motion seeks to gather accurate information for Council to understand what commitment in time, resources and funds may be required to consider establishing a toy library in Lane Cove.

 

Background

 

The proposed vision for a Toy Library would be to provide up to 6 days a week access to a library of toys that cater for residents in a centralised and easily accessible location.  A Toy Library would enable families to rotate toys and save space from storing toys at home.  

 

Discussion

 

Census data shows 12.7% of residents are aged between 0 - 9. The 10-14 year age bracket accounts for a further 5.7% of our population. 

 

51.6% of our population live in units or apartments and 5.5.% live in semi-detached dwellings or townhouses. With 59.4% of all families in households having children, from anecdotal conversations with families it is reasonable to estimate that more families are living in units, apartments, semi-detached dwellings and townhouses that traditional houses (Source: https://www.toylibraries.org.au/start-a-toy-library).

 

COVID

It would be true that such an operation would have been impacted by the COVID pandemic. However, this would be no different to the impact experienced by our existing Library network. Therefore, I do not think this should stop Council from investigating the business case for a Toy Library.

 

Conclusion

 

As many families are choosing convenience and lifestyle to live in Lane Cove, the ability to have a wide offering of toys for a young family is compromised.   A Toy Library would enable families to rotate toys and save space from storing toys at home.  

 

 

RECOMMENDATION

 

That Council prepare a report that investigates a preliminary business case as to how a Toy Library could operate in Lane Cove.   The report would include but not be limited to:

 

1)   Location of a Toy Library:

a)   The estimated floor space required to operate a toy library.

b)   What options exist to locate a toy library within existing Council owned facilities.

c)   What options exist for Council to lease a suitable commercial premise and what would the cost and terms be for such a lease.

 

2)   Staffing:

a)   What are the estimated staff hours and cost to operate a toy library.

b)   Is there scope for volunteers to help with the operation of a toy library.

 

3)   Capital:

a)   What would the estimated capital investment be to establish a toy library.

b)   Could Council accept donations of toys.

 

4)   Estimated membership fees and hire fees:

a)   What would the estimated membership fees and hire fees be to use such a service.

 

5)   Opportunity for Partnerships:

a)  Identify potential organisations that Council could partner with to operate a a toy library

     (e.g. local Churches, Schools, Businesses etc).

 

6)   Any other considerations deemed appropriate.

 

 

 

 

 

 

 

 

 

Councillor Andrew Zbik

Councillor

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 19 April 2021

Notice of Motion - Preliminary Investigation of Options to Reduce Light 'Spill' on Urban Bushland in Lane Cove

 

 

Subject:          Notice of Motion - Preliminary Investigation of Options to Reduce Light 'Spill' on Urban Bushland in Lane Cove    

Record No:    SU840 - 20110/21

Division:         Lane Cove Council

Author(s):      Councillor Frances Vissel; Councillor Andrew Zbik 

 

 

Executive Summary

 

As building density increases next to existing urban bushland, at night-time the light emanating from buildings and landscape create light ‘spills’ into the neighbouring bushland. This artificially turns a dark environment at night into an illuminated environment.

 

The objective of this motion is for Council to conduct further research to identify if there are existing examples of planning instruments and guidelines that can considered to limit the impact of light ‘spill’ on urban bushland.

 

Background

 

As our built environment and population has increased extensively in Lane Cove, we have experienced more development immediately adjacent to urban bushland. Examples of high-density residential development next to urban bushland in the last decade include the Mowbray Precinct and Waterview Drive in Lane Cove West. 

 

Development proposals are underway for the construction of projects adjacent to urban bushland at 266 Longueville Road (Australian Unity), 276 Longueville Rd to 18 Northwood Road (Pathways), Greenwich Hospital (Hammondcare) and the Lane Cove Sport and Recreation Precinct (Lane Cove Council) on the site of the Lane Cove Golf Club building and car park. Council is also reviewing the lighting in several sports fields.

 

As building density increases next to existing urban bushland, at night-time the light emanating from buildings and landscape create light ‘spills’ into the neighbouring bushland. This artificially turns a dark environment at night into an illuminated environment.

 

Lane Cove’s history of protecting bushland

The Lane Cove area has an abundance of wildlife thanks to the wonderful urban bushland it sustains.  The recently completed Wildlife Survey publication commissioned by Lane Cove Council, available on our website, shows the extent of the species which includes birds, microbats, frogs, turtles, skinks, geckos, dragons, echidnas, swamp wallabies, sugar glider, possums and flying foxes to name some and include nine (9) threatened species.

This abundance of wildlife is no doubt due to the dedication of Lane Cove Council and its staff together with the bushcare, backyard habitat and bush friend volunteers in regenerating our bushland to the standard it is today.

 

Discussion

 

Impacts of light ‘spill’ on urban bushland

In January 2020, the Australian Government released its National Light Pollution Guidelines for Wildlife.  Their opening sentence states:

 

“Natural darkness has a conservation value in the same way that clean water, air and soil has intrinsic value. Artificial light at night is increasing globally by about two per cent per year. Animals perceive light differently from humans and artificial light can disrupt critical behaviour and cause physiological changes in wildlife.”

 

Three quotes from the research paper Light pollution at the urban forest edge negatively impacts insectivorous bats by Haddock et al Biological Conservation Vol. 236 August 2019 (listed below)  state:

1)   Connectivity and quality of vegetation in cities, including urban forests, can promote urban biodiversity. However the impact of anthropogenic pressures at the forest-matrix edge, particularly artificial light at night (ALAN), on connectivity has received little attention”;

2)   “Artificial light sources on the edges of urban forest have diverse effects on bats and insects, and should be considered an anthropogenic edge effect that can reduce available habitat and decrease connectivity for light-sensitive species”; and

3)   Only relatively recently has ALAN been widely discussed as a global threat to biodiversity.”

Light Spill impacts have also been noted in Council’s Bushland Fauna Survey (June 2020) Chapter 9, at page 236.  We therefore believe that this issue of light ‘spill’ on urban bushland needs to be addressed as a matter of urgency.

 

Current planning instruments

There is a chapter dedicated to the protection of bushland in Council’s Development Control Plan (DCP), Section H, which endeavours to preserve and protect our bushland when development applications adjacent to bushland are considered. 

 

The existing Australian Standard AS4282 is limited to light obtrusion as a benchmark for people living in an urban environment. This considers what people are expected to tolerate as a result of an adjacent external lighting installation.  Council’s current planning instruments do not consider the impact of light ‘spill’ on urban bushland and its impact on fauna.

 

(Sources:-Light pollution at the urban forest edge negatively impacts insectivorous bats (Abstract)  (Joanna K Haddock, Caragh G.Threlfall, BradleyLaw, Dieter F.Hochuli) Biological Conservation Vol. 236 August 2019; Manuscript: Light pollution at the urban forest edge and its impact on insectivorous (JK Haddock, CG Threlfall, B Law, DF Hochuli); National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (Department of the Environment and Energy, 2020); Bushland Fauna Surveys Lane Cove Council (June 2020))

 

Conclusion

 

As building density increases next to existing urban bushland, at night-time the light emanating from buildings and landscape create light ‘spills’ into the neighbouring bushland. This artificially turns a dark environment at night into an illuminated environment.

 

This motion seeks Council support for the conduct of further research to identify if there are existing examples of planning instruments and guidelines that can considered to limit the impact of light ‘spill’ on urban bushland.

 

 

 

 

 

 

RECOMMENDATION

 

That Council:-

 

1)   Report what Australian Standards or equivalent guidelines exist that consider impacts of light ‘spill’ on urban bushland and its impact on fauna;

2)   Report if any other Councils have existing planning controls concerning the impact of light ‘spill’ on bushland;

3)   Approach the authors of the research provided to determine if they will work with Council to develop a standard to reduce the impact of light ‘spill’ on urban bushland.

4)   Recommend appropriate planning instruments to reduce the impact of light ‘spill’ on urban bushland. 

 

 

 

 

 

Councillor Frances Vissel

Councillor

 

 

 

Councillor Andrew Zbik

Councillor

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 19 April 2021

Submission of a development application for the Lane Cove Indoor Sport and Recreation Facility

 

 

Subject:          Submission of a development application for the Lane Cove Indoor Sport and Recreation Facility    

Record No:    SU7396 - 19275/21

Division:         General Managers Unit

Author(s):      Sebastian Stivala 

 

 

Executive Summary

                                                              

Council has finalised the design for the Lane Cove Indoor Sport and Recreation Facility at the Lane Cove Golf Course, having undertaken the necessary reporting, review, design and consultation process on this project. Council is now poised to submit a development application for the project which incorporates changes to the original design based on community feedback and general design development.

 

This represents a significant milestone for Council and the community, a planning determination will underpin the future of the Indoor Sport and Recreation Facility in the precinct. Council plays an important role in providing community-based sport and leisure opportunities within the local government area. Council’s priority is to create opportunities that support increased participation, social inclusion and interaction while promoting health and wellness that benefits the broader community. The proposed development will provide people with access to a range of health, fitness, leisure programs, dining and function facilities, that supports social and cultural endeavours.

 

The proposed concept has been developed over several years incorporating input and feedback from qualified design consultants, leading industry specialists and operators, sporting and community groups and extensive community consultation and Councillor workshops. The built form responds well to its surroundings and promotes environmentally sustainable initiatives that will sustain operational and community needs into the future. Preliminary business case studies and financial modelling based on the initial concept suggest the facility is financially viable.

It is recommended that Council submit a development application based on the finalised concept design as prepared by Allen Jack and Cottier and the General Manager be granted delegated authority to enter into a fixed loan agreement for $20 million over 10 years with TCorp.

 

Background

 

In March 2020 Council resolved to undertake community consultation in relation to the whole Lane Cove Sport and Recreation Precinct, which included a proposed concept design for an indoor sport and recreation facility. The consultation phase was subsequently delayed by the Global COVID-19 Pandemic, before recommencing in July 2020, and ultimately being considered by Council at its meeting of 16 November, 2020, when Council resolved that:-

 

1.         “Proceed with the Multi-Sport Facility building as shown in the Concept Design included as AT-1;

 

2.         a.         Undertake due diligence for the Multi-Sport Facility building including; facility/ program mix and entertainment facilities utilising the consultation feedback when undertaking further operator engagement; construction costs; and funding models;

 

            b.         Include in the due-diligence that, investigation of Council building a co-owned       Sport & Recreation Precinct with Willoughby Council at Gore Hill Oval and report this option back to Council.

3.         In relation to the future of the golf course, undertake further analysis and community consultation to identify if there are further golf options / components for other uses and provide further information on the proposed options before ultimately determining the broader community’s preference for the future use of the space; and,

 

4.         Request the General Manager to develop a Community Consultation Plan that includes options for involvement and collaboration per councils Community Engagement Policy and the Plan be presented to a Councillor Workshop.”

 

The concept design for the indoor sport and recreation facility includes five indoor multi-sport courts, four 4 outdoor multi-courts/ tennis courts, gymnasium / program rooms, golf and or tennis pro shops, presentation stage, reception, food and beverage offering, and 200+ car-space carpark. This brief was developed in consultation with the Recreation Precinct Liaison Committee in 2018.

 

Discussion

 

Post Council’s resolution, architects for the project, Allen, Jack and Cottier undertook further design development, resulting in the scheme included as AT-1. The key design revisions include:-

·    A set down of the outdoor multi-courts to reduce the impact on surrounding properties, and inclusion of acoustic treatments to reduce noise levels from court use.

·    Further review and assessment into external lighting design was undertaken with additional measures considered such as lowering the light posts to reduce residual glow from their operation lighting types as way to reduce any potential impacts.

·    The car park has been redesigned to deliver 220 spaces without the need for mechanical ventilation. A second exit has also been included to allow the option for vehicles to exit through the existing main driveway on River Road to reduce demands on the Stevenson Street exit.

·    An arborist report identifying significant trees has assisted in sympathetic placement of the building reducing impacts of tree removal.

·    Additional seating capacity has been provided in Hall 2, located on the most southern courts for up to 500 people in retractable seating for championship matches and to further accommodate cultural events utilising the stage.

·    The bulk and height of the building has been reduced and improved connectivity between spaces has been achieved through removal of the second floor over the auxiliary spaces.

·    The food and beverage space incorporates an indoor and outdoor restaurant, with kiosk for take away and separate 90+m2 function room with bar, the function space can trade as a bar bistro and can also be used for special functions, via its separate entry off reception. This space directly overlooks the 9th Green of the golf course and can increase in area by incorporating the adjoining program spaces.

·    There are three (3) large multi-use program spaces which open onto and overlook the golf course ranging in size from 88-100+m2 approx. This provides space for functions comparable to the existing golf clubhouse facility. The spaces overlook the golf course and interface with the indoor courts utilising acoustic treatments.

·    There are several additional program spaces and multi-use rooms on the lower levels with links to the outdoor activities.

·    Toilets and change room facilities and other back of house amenities have been located on lower and upper ground

·    Removal of the connections to the previously proposed Golf Driving Range, Putt-Putt and associated facilities.

·    Other reporting includes– flora and fauna, bushfire, arboriculture, geotechnical and contamination for the site.

 

Northwood Road Roundabout

 

TfNSW has given its approval for the proposed roundabout on River Road/Northwood Road. This project will address long term safety issues at this intersection. Funding has been included in the 2021/22 Draft Budget to construct the roundabout and acquire the property at 194 River Road which will include the realignment of the former Stephenson Street access road, refer AT-2. These negotiations are close to finalisation and will allow the project to proceed in the early part of 2022. The new Stevenson Street will include existing connections and or new connections to the sport and recreation facility should this project proceed to construction, the new Road will be delivered in stages and extended down to the new public car park.

 

Due Diligence Update

 

Council engaged Mitbrandt Quantity Surveyors to prepare a cost estimate for the project based on a conceptual design. Based on a high-grade facility, the construction was estimated to be in the range of $42-$48M.

 

Funding for the project is proposed to utilise a combination of s7.11 Developer Contributions, proceeds from the long-term lease of 266 Longueville Road, Grants and Loan Funds.

 

In regard to debt funding, Council has successfully secured a loan of $20M for 10 years with a 50% discount on the interest rate for the life of the loan. The actual rate will be dependent on the actual draw down date, the current indicative rate is 1.9%, which would equate to 0.85%. T-Corp have requested the Council pass a resolution to enter the loan agreement, which is included as a recommendation to this report. Ultimately Council is not obligated to drawn down the loan, if the project does not proceed.

 

In relation to s7.11 Developer Contributions, this has been delayed as the NSW Government has permanently deferred payment of s7.11 contributions until Occupation Certificate. Council’s s7.11 Developer Contributions Works Schedule provides for up to $20M to be utilised for the facility.

The long-term lease of 266 Longueville Road remains delayed due to the expiration of the previous Site Compatibility Statement, and subsequent issue of a certificate deemed unacceptable to the applicant. An application for a review of the certificate has been lodged and will be determined by the Sydney North Planning Panel.

 

Council had originally identified a Grant opportunity for up to $5M with the Greater Sydney Sports Facility Fund, however a change in funding criteria for this scheme recently limited grants to between $100,000 and $1 million. Staff remain vigilant to identify State and Federal grant funding opportunities which would provide funds of a significant scale.

 

Council has commissioned Xypher Sport and Leisure to prepare a detailed business case. Initial advice is consistent with past findings of the 2014 Montemare feasibility report, further business modeling and analysis was applied to identify if there are further golf options that would add to the viability of the facility and the driving range and mini-golf function was supported in this report. The Xypher report will be the subject of a further report to Council in the future.

 

Willoughby Council engaged Montemare to report on their proposed indoor facility at Gore Hill, interestingly the Montemare and Xypher reports concur, that irrespective of both projects proceeding, the Lower North Shore will remain in a five (5) court deficit for basketball and netball . This highlights that neither project will compete or impact on viability. Willoughby Council have indicated that they prefer to deliver Gore Hill independently.

 

 

 

Conclusion

 

Council has invested a significant amount of time and resources to arrive at this point, having completed the necessary design and reports for planning assessment, Council is in a position to submit a development application for determination by the Sydney North Planning Panel.

Work is ongoing for preparation of the business case and other due diligence activities, with preliminary advice that the project is viable and will be in demand irrespective of the proposed Willoughby Gore Hill proposal. Council will continue to monitor progress of the 266 Longueville Road transaction and procurement of subsequent funding, including the acceptance of the T-Corp loan for $20M.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the report;

2.   Submit a development application based on the finalised concept design as prepared by Allen Jack and Cottier; and

3.   The General Manager be granted delegated authority to enter into a fixed loan agreement for $20 million over 10 years with TCorp.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

ATTACHMENTS:

AT‑1View

Final Draft Development Application Plans for the Lane Cove Indoor Sport and Recreation Facility

6 Pages

 

AT‑2View

Final Draft Northwood Round-about

1 Page

 

  


 

Ordinary Council Meeting 19 April 2021

State Government's proposed changes to Clause 4.6 variations

 

 

Subject:          State Government's proposed changes to Clause 4.6 variations     

Record No:    SU8360 - 18159/21

Division:         Environmental Services Division

Author(s):      Christopher Pelcz 

 

 

Executive Summary

                                                              

The purpose of this report is to advise Council of proposed State Government changes to Clause 4.6 of all Local Environmental Plans (LEP).

 

According to the Explanation of Intended Effect (AT-1), the changes are in response to the recent release of the Independent Commission Against Corruption (ICAC) report on Operation Dasha. There were 7 recommendations in regard to changing the clause 4.6 of all LEPs. The proposed changes include rewording of the clause to make it simpler while keeping similar considerations, maintaining concurrences, and potentially introducing an alternative test.

 

It is proposed that current clause 4.6 exclusions be removed – this was not a recommendation of the ICAC report. In fact, the report recommended that the State Government “considers the circumstances in which the application of both maximum height of building development standards and maximum floor space ratio (FSR) development standards should be mandatory in LEPs”.

 

If implemented, this change would affect Council’s recent St Leonards South LEP amendment by allowing inappropriate variations to built form which were subject to extensive consultation, review and agreement over many years.

 

On balance most of the proposed changes can be supported, however, the removal of Clause 4.6 exclusions are not supported or adequately justified. It also goes against the specific recommendation of the NSW ICAC findings.

 

It is recommended that Council make a submission generally supporting the amendments but opposing the removal of Clause 4.6 exclusions, particularly for St Leonards South LEP clauses.  It is also recommended that if the State Government is to proceed with the amendment, this should not be applied retrospectively.

 

Background

 

ICAC report

 

In March 2021, the NSW Independent Commission Against Corruption (ICAC) released their final report entitled ‘Investigation into the Conduct of Councillors of the former Canterbury City Council and others’.

 

The report made a total of 23 recommendations, 7 of which relate to the broader application, consideration and determination of development applications – in particular the use of Clause 4.6 variations under a Local Environmental Plan (LEP). It was recommended that the Department of Planning, Industry and Environment:

 

·    Reviews the concept of ‘assumed concurrence’, including the avenues that exist for clause 4.6 in each Council’s LEP, to be used as a de facto plan-making device when concurrence is assumed.

·    Identifies the circumstances and establishes criteria to determine when the secretary’s assumed concurrence will be granted and when it will be withdrawn from Councils, which takes into account –

The potential for clause 4.6 to be used as a de facto plan-making device,

That the risk of the improper use of clause 4.6 extends to all local government areas in NSW.

·    Prepares and following a period of consultation, makes new public guidelines on varying development standards for Councils.

·    Establishes a clear process to ensure these guidelines are subject to regular review and can accommodate advice or changes arising from decisions of the NSW courts.

·    Prepares guidelines that establish a framework for conducting risk-based audits on the use of clause 4.6 by consent authorities, which include –

Scope and frequency of audits on using clause 4.6,

Requirement that matters examined in the audit reinforce the objectives of conducting the audit,

Outline of audit methodology,

Clear instructions for staff undertaking the audit,

Requirement to publish ongoing results and records,

Necessary skills required by staff conducting the audits.

·    Provides advice to Councils regarding the inclusion of clause 4.6 in the cycle of audits conducted by audit and risk committees of Councils.

·    Considers the circumstances in which the application of both maximum height of building development standards and maximum floor space ratio (FSR) development standards should be mandatory in LEPs. Clear and objective criteria to determine when its impractical to do so be established.

 

It is claimed, in the Explanation of Intended Effect (see AT-1), that the proposed changes to LEP Clause 4.6 is in-line with these recommendations.

 

Proposed amendments

 

Clause 4.6 of a Local Environmental Plan (LEP) is a series of tests which allow for certain development standards (i.e. building height, floor space ratios etc) to be varied under certain circumstances. While Clause 4.6(8) also explains which development standards are not able to be varied at all.

 

The current Clause 4.6 test, to vary from a development standard is:

 

·    A written request, from the applicant must demonstrate that –

Compliance with the development standard is unreasonable or unnecessary, and

There are sufficient environmental planning grounds to justify the variation,

 

·    The consent authority must then be satisfied that –

the written request satisfies the above, and

the proposed development is in the public interest because it’s consistent with the objectives of the particular development standard and the zone, and

 

·    The concurrence of the Planning Secretary has been obtained. When deciding to grant concurrence, the Secretary must consider –

Whether the variation raises any matter of significance for State or Regional Planning, and

The public benefit in maintaining the development standard, and

Any other relevant matters.

Under the proposed amendments (see AT-1) the following criteria is proposed:

 

·    That the proposed development is consistent with –

The objectives of the development standard, and

The zone in which development is proposed; and

 

·    The contravention will result in an improved planning outcome when compared with what would have been achieved if the development standard was not contravened. In deciding whether a contravention of a development standard will result in an improved planning outcome, the consent authority is to consider the public interest, environmental outcomes, social outcomes and economic outcomes.

 

·    An alternative test is also proposed in situations where the variation is so minor that it is difficult to demonstrate an improved planning outcome, but the proposed variation is appropriate due to the particular circumstances of the site and the proposal.

 

·    Concurrences under the clause will be removed, however separate ‘assumed concurrences’ for independent panels will remain.

 

Two other key amendments include:

 

1.   Recording of the assessment of any clause 4.6 variation will be published to the NSW Planning Portal with reasons for the decisions.

 

2.   Eventually removing Clause 4.6 exclusions, following a one year transitional period from commencement of the new clause. However, standards for complying development and BASIX will remain excluded from variation.

 

Discussion

 

Based on a review of the Explanation of Intended Effect (see AT-1), the main supportable changes can be summarised as follows:

 

·    The written request from the applicant will remain.

·    The terms ‘unreasonable’, ‘unnecessary’ and ‘sufficient environmental planning grounds’ are to be removed.

·    Consistency with objectives of development standard and zone will still need to be demonstrated.

·    Generally, the ‘contravention for an improved planning outcome’ considered against the ‘public interest’ is similar to the existing clause but with further consideration of ‘environmental’, ‘social’ and ‘economic’ outcomes.

·    Removing the need for concurrence in the clause but keeping assumed concurrences.

·    After determining a clause 4.6 variation, Council will be required to keep a record of its assessment and publish reasons for its decision to the NSW Planning Portal.

 

These proposed changes are supportable as they appear to be generally consistent with the recent ICAC findings. It should be noted that Council currently reports clause 4.6 assessments on a quarterly basis to the Department but is satisfied with reporting it via the NSW Planning Portal.

 

Alternative test

 

The alternative test for minor variations is also supportable but only if it is in addition to the primary test of development standard contravention (i.e. it would achieve a better planning outcome). To avoid conflict with the primary test, it should be further narrowed to say that the contravention of the relevant development standard relates only to a small portion of the site.

 

Clause 4.6 exclusions

 

A number of Council’s have LEP clauses in respect of some geographical areas covered by their LEPs, which exclude the use of clause 4.6 to obtain variations to development standards. The paper proposes to retrospectively remove all such clauses which is not supported or justified. The justification provided is that:-

 

“There are too many exclusions from clause 4.6 Currently under clause 4.6(8) of the Standard Instrument LEP, variations cannot be made to certain provisions including development standards relating to complying development, BASIX and clause 5.4. Councils can also include additional development standards that cannot be varied in their own LEPs. The range and nature of exclusions made by consent authorities under this clause has resulted in confusion in the application of the clause and undermines the objectives of the clause to provide an appropriate degree of flexibility in applying certain development standards to development.”

 

Removal of these clauses was not a recommendation of the ICAC report, and is contrary to the general sentiment of the ICAC recommendations to reduce / constrain their use. ICAC Recommendation 16 was that the Department:

 

·    consider the circumstances in which the application of both maximum height of building development standards and maximum floor space ratio (FSR) development standards should be mandatory in LEPs”, and

 

·    establishes clear, robust and objective criteria to determine when it is impractical to pair maximum height of building development standards and maximum FSR development standards in LEPs”.

 

According to the report, the Department opposed this recommendation on the grounds that “inflexible rules will lead to poor planning outcomes and it is likely there will continue to be circumstances that justify departure” and that other alternative mechanisms could be used to constrain built forms (i.e. State Environmental Planning Policies and Development Control Plans). The ICAC did not accept this position as it pointed out that Development Control Plans are not statutory requirements and many State Environmental Planning Policies are “not site-specific and consequently do not contain explicit development standards controlling the built form”.

 

Notwithstanding Council’s objection to the proposed variation, if the State Government is to proceed with the amendment, this should not be applied retrospectively.

 

If clause 4.6 exclusions are removed, this will have a detrimental impact on Part 7 of Council’s Local Environmental Plan for St Leonards South. This is directly against the specific recommendation made by the Design Charette for the area and the Department of Planning’s own finalisation report on the Planning Proposal for St Leonards South.

 

Recommendation 8 of the Charette was to ensure public benefit and open space is delivered through planning controls. As part of this recommendation, it is clearly stated that:

Incentives and/or mandating options will assist in clearly delineating public and private space, making envelopes certain, helping enforce solar planes and realising other sustainability benefits” – (AT-2, 2020: page 24).

When assessing Council’s St Leonards South Planning Proposal, the Department of Planning’s Finalisation report states:

 

The master plan identified certain sites, closest to the railway station, which could receive floor space and height increases in return for public benefit. These benefits were in the form of more open space, community facilities, through site connections. Such provisions would need to be transferred into Council’s LEP in order to achieve the vision of the master plan.

 

Hence, without these specific land uses being mandated in the LEP, these benefits would potentially not be delivered as intended if at all. Imposing these restrictions on specific sites is not considered to be unreasonable or unnecessary(AT-3, 2020: page 70).

 

Given the considerable and substantial strategic planning work which included the Design Charette, Department of Planning and Council, flexibility on the delivery of public infrastructure is not appropriate as it may result in the infrastructure not being delivered at all. In this instance, it has been considered appropriate to mandate compliance with not only the building heights and FSRs but also provision of public benefits by both the Design Charette and the Department of Planning.

 

The strategic planning for the St Leonards Planning Proposal was designed to avoid requests for Clause 4.6 variations by including a height buffer into the final LEP Height of Buildings. This ‘height buffer’ accounted for any likely variations due to irregular or steep topography, basement protrusions, and lift overruns. In this regard, exclusions from Clause 4.6 Variations should remain in place for proposed development at St Leonards South. 

 

The retrospective dilution of Council’s planning work in the LEP by removing the clause which prohibits use of Clause 4.6 in respect of St Leonards South is not appropriate and erodes Council’s planning powers. As there are a number of councils which have similar clauses it is appropriate to seek the support of LGNSW to ensure this element of the review does not proceed.

 

Conclusion

 

Given the findings of the NSW Independent Commission Against Corruption (ICAC) report on Operation Dasha, a number of changes to Clause 4.6 can be supported. Most of the proposed changes include rewording of the clause to make it simpler while keeping similar considerations and removing the need for formal concurrences.

 

In its current proposed form, the alternative test is not supported. However, it could be potentially supportable but only if the wording of the test makes it clear that the alternative test is only for very minor breaches. In addition, the aspects of that test should consider that:

 

·    any proposed variation sought must still be consistent with the objectives of the development standard and the zone;

·    the environmental impacts of the proposed variation must be negligible; and

·    the proposed variation to the development standard is only occurring on a small portion of the development site.

 

Removal of all current clause 4.6 exclusions is not supported as this was not a recommendation of the ICAC report. In fact, the report recommended that the State Government “considers the circumstances in which the application of both maximum height of building development standards and maximum floor space ratio (FSR) development standards should be mandatory in LEPs”.

If implemented, this change would affect Council’s recent St Leonards South LEP amendment by allowing inappropriate variations to built form which were subject to extensive consultation, review and agreement over many years.

 

While on balance most of the proposed changes can be supported the removal of Clause 4.6 exclusions is not supported or adequately justified. It also goes against the specific recommendation of the NSW ICAC findings, as well as the findings/recommendations of the Design Charette and Department’s final assessment of Council’s St Leonards South Planning Proposal.

 

Notwithstanding Council’s objection to the proposed changes, if the State Government is to proceed with the amendment to the Clause 4.6 Variations, this should not be applied retrospectively.

 

It is recommended that Council make a submission generally supporting some of the amendments but opposing the removal of Clause 4.6 exclusions, particularly for St Leonards South LEP clauses.

 

RECOMMENDATION

 

That Council

 

1.   Authorise its General Manager to make a submission in relation to the proposed changes to the use of Clause 4.6 of the Standard LEP:-

 

a)   Supporting the following aspects –

 

·    The retention of the applicant’s written request,

·    The need to demonstrate consistency with the objectives of the relevant development standard and zone,

·    That any variation will still be considered against the ‘public interest’ in addition to the ‘environmental, social and economic’ outcomes,

·    Removing the need for formal concurrences as part of the Clause, but retaining ‘assumed concurrences’ for Panels,

·    Retaining the need to record, report and publish decisions to the NSW Planning Portal on the use of Clause 4.6,

 

b)   Oppose the retrospective removal of Clause 4.6 exclusions.

 

c)   If the proposed changes to the Clause 4.6 Variations is supported by the State Government, the amendment should only apply to future LEPs.

 

2.   Seek the support of LGNSW to oppose the retrospective dilution of council planning powers by removing from LEPs the clause which prohibits use of Clause 4.6.

 

Mark Brisby

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1View

Explanation of Intended Effect: Varying Development Standards - A case for change

17 Pages

 

AT‑2View

Design Charette Report - February 2020

91 Pages

Available Electronically

AT‑3View

Department's Finalisation report for the St Leonards South Planning Proposal - August 2020

81 Pages

Available Electronically

  


 

Ordinary Council Meeting 19 April 2021

St Leonards South draft Section 7.11 Plan – Post-consultation Report

 

 

Subject:          St Leonards South draft Section 7.11 Plan – Post-consultation Report     

Record No:    SU6702 - 9379/21

Division:         Environmental Services Division

Author(s):      Terry Tredrea 

 

 

Executive Summary  

 

The purpose of this report is to outline the results of community consultation on the St Leonard’s South Draft Section 7.11 Contributions Plan. These Plans authorise a Council to collect contributions under section 7.11 of the NSW Environmental Planning & Assessment Act (EP & A Act) for the provision, extension or augmentation of local infrastructure that is required as a consequence of development.

 

The Plan, originally exhibited from October 2017 to January 2018, was amended to incorporate previous Council resolutions, legislative changes to the E.P.&A. Act, finalisation of St Leonard’s South Planning Proposal 25 and supporting documents.

 

Council resolved at its 7 December 2020 meeting to re-exhibit the draft Section 7.11 Contributions Plan. This was to occur before it is submitted to the NSW Independent Pricing and Regulatory Tribunal (IPART) for review and assessment.

 

A public exhibition of the Draft Section 7.11 Plan was held for 6 weeks from 14 January 2021 to 24 February 2021. A total of Fourteen (14) submissions were received. Six (6) of the submissions addressed issues that were not relevant to the Section 7.11 Plan. One submission raised an issue relevant to Council’s DCP.

 

Eleven (11) issues are of relevance to the proposed Section 7.11 Contribution Plan. They are:

 

1.   Acquisition costs

2.   Land valuation

3.   Contribution rates

4.   SIC impact

5.   Timing of payments

6.   Indexation transparency

7.   Shared pathway - cost impost

8.   Justification

9.   IPART assessment – needed

10. Canberra Avenue closure,

11. New Park - alternative funding.

 

All public submissions have been reviewed, and the S.7.11 Plan has been further amended to take into account matters raised by the community. These are:

 

·    In response to a request for clarity as to costs for land acquisition under the Just Terms Compensation Act, a valuation of the costs has been added to the Plan.

·    In response to the currency of the valuation for Land Acquisition, a rate of $9,750/m2 has been determined (by HillPDA) for the purposes of calculating the s7.11 Infrastructure schedule.

 

Therefore, the post-consultation amendment to the S.7.11 Plan will result in an overall increase in “essential” Infrastructure costs from approx. $45.4m to approx. $53.7m. It is considered that the exhibited Section 7.11 Plan as amended, is consistent with previous Council resolutions, legislative changes to the E.P.&A. Act, finalisation of St Leonards South Planning Proposal and supporting documents (including the DCP and Landscape Master Plan). 

 

On 11 May 2020, Council resolved to amend and endorse the Planning Proposal which included the S. 7.11 Plan as follows:

 

“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.”

 

It is therefore recommended that Council supports the St Leonard’s South Draft Section 7.11 Contributions Plan (AT-1) as amended, and the plan be submitted to IPART for review, assessment and approval.

 

Background

 

Council previously suspended the application of the existing Lane Cove Section 94 Contributions Plan to the St Leonard’s South precinct and further resolved that VPAs will be used in the interim for development applications submitted before the IPART assessment is approved to ensure the same amount of developer contribution is paid as proposed in the Draft s7.11 Plan.

 

On 7 December 2020 (AT-2), Council resolved to:

 

1. Publicly exhibit the amended Section 7.11 Contributions Plan for the St Leonards South area, as stated in the Consultation Strategy in this report;

2. A further report be submitted to Council on the results of the consultation process;

 

Consultation

 

The consultation ran from Thursday,14 January 2021 to Wednesday, 24 February 2021, in accordance with planning regulations, Council’s Consultation Policy, and included the following: -

 

·    E-newsletter distributed to over 6,000+ registered residents;

·    Notice of the proposal by mail to adjoining and nearby property owners,

·    Notice to the NSW Department of Planning, Industry & Environment (DPIE);

·    On-line on Council’s website and the NSW Planning Portal.

 

In total fourteen (14) submissions were received. Seven (7) submissions raised eleven (11) issues relevant to the proposed Section 7.11 Contribution.

 

Transport for NSW

 

A late submission from Transport for NSW stated they were unable to comment on the S7.11 Plan in relation to any transport infrastructure proposed in the SIC for the 2036 Plan for St Leonards/Crows Nest. They did however, advise that any proposed road closures will require Traffic Management Plan (TMP) approval by TfNSW through the Local Traffic Committee. This has been noted.

 

Discussion  

 

The following outlines the issues raised in submissions, with commentary.

 

 

 

 

1.   Acquisition Costs

 

“Council has not allocated sufficient funds in the Plan for the acquisition of the properties in the Park… in a compulsory acquisition of property by Council there are other acquisition costs.

 

Those other acquisition costs include the following. 

·    Relocation costs

·    Valuation fees

·    Legal fees

·    An additional amount for non-financial disadvantage resulting from having to relocate.

 

Those other costs are not insubstantial and there does not appear to have been any allowance for those other costs in the Plan.

 

Comment

 

These matters are relevant to determining amounts of compensation that might be paid to land owners in certain circumstances of land acquisition. “Just Terms” compensation is defined by the Land Acquisition (Just Terms Compensation) Act 1991 in Clause 55, and refers to:

 

·    Market value

·    Loss due to disturbance

·    Any special land value

·    Relocation disadvantage

·    Loss due to severance

·    Change in value of other land at the date of acquisition which adjoins or is severed from the acquired land by the proposal to carry out, the public purpose

 

HillPDA have now included these costs in advice to Council (see AT-2), which has been incorporated into the amended S. 7.11 Plan. NB: the 7.11 Plan also includes Council’s own 1% administrative costs for land acquisition.

 

2.   Land Valuation

 

“There is a reference to valuations at page 2 of the Mitchell Brandtman Estimate dated 30 November 2020 at Table 1 under the heading ‘Scope of Works’.  I have assumed that the valuations are derived from a Hill PDA report.”

 

Concern is also raised as to “the reasonableness and accuracy” (or otherwise) of the Rate.

 

Comment

 

An updated  land valuation of $9,750/m2 (previously $8,500/m2) has been provided by HillPDA to Council following a market review, which is not reflected in the calculations in the exhibited draft plan. HillPDA are registered valuers and are appropriately qualified to undertake the value analysis. They are of the view that land prices paid in the precinct represent a very high premium for 2017-2020 sales, based on “a high degree of price speculation”. HillPDA recommends that “this result is reviewed periodically as the sales trend rate will vary over time as the precinct is developed”.  Council has been advised that it is likely that depending on the assessment timeframe, IPART will review this rate as part of their assessment process of Council’s Plan.

 

 

3.   Contribution rates

 

Two concerns are raised regarding the contribution rates established per dwellings. They are:

 

a.   Need to reduce amenity provided now that population is reduced. It is proposed that:

 

“The contribution amounts are proposed to increase by 8%. Yet, with the reduction in the number of dwellings and thus the population within the Precinct, it can reasonably be expected that there would be a corresponding decrease for the demand for public amenities and services, not an increase."

 

b.   Comparison with nearby LGAs capped at $20,000. It is also noted that:

 

“Compared with nearby LGAs, North Sydney is 36% less, Willoughby is between 55% and 71% less, which are capped at $20,000/dwelling.”

 

Comment

 

a.   It is correct that contributions have escalated, primarily due to reduced dwelling numbers. It should be noted that the actual costs of infrastructure between 2017 and 2020 remains similar at approx. $53m, mainly because of the removal of the new road entirely.  Furthermore, the comprehensive planning process undergone for St Leonard’s South concluded the need for the infrastructure particularly public open space. Given this planning process, it is not considered appropriate to reduce the open space proportionately.

 

b.   Council’s draft S.7.11 Plan is a different type of plan to that of the other two LGAs mentioned.  Lane Cove’s Plan is entirely based on essential works for a specific precinct undergoing an increase in density. The other plans mentioned are LGA-wide and not comparable. The NSW Government’s recent response to the NSW Productivity Commission’s Review of Infrastructure accepts the Commission’s recommendation to “Develop infrastructure contribution plans upfront as part of the zoning process”.

 

4.   SIC impact

 

“The SIC levy combined with the increased contribution rates proposed by the Revised Contributions Plan will impact the financial viability of development projects across the Precinct”.

 

Comment

 

In Council’s report for 7 December 2020, it was stated that “It is important to note that the

SIC does not affect Council’s Section 7.11 Contributions Plan because it will not collect funds for the same infrastructure items.”  

 

Council is not supportive of the imposition of a SIC levy in St Leonard’s South by the NSW State Government. Council opposed the SIC in a submission to the draft St Leonard’s/Crows Nest 2036 Plan, in which Council stated that:

 

“The Department’s own documents demonstrate and state that the St Leonard’s South precinct has “no capacity to pay” above the $20,000 per dwelling s7.11 contribution cap, and that the proposal pre-dates the announcement of a SIC (SIC – Feasibility Testing, 2018: page 26).”       

 

Regardless, a Ministerial Order was made imposing a SIC levy of $15,100 per dwelling on the precinct. If Council modifies its s7.11 collection rates, it would not be able to deliver the precinct specific infrastructure as there is no overlap between the two levies in the infrastructure to be delivered.

 

5.   Timing of payments

 

“In response to the COVID-19 pandemic, the Revised Contributions Plan should account for the provisions made under the Environmental Planning and Assessment (Local Infrastructure Contributions – Timing of Payments) Direction 2020 (July 2020) and Clause 10.17 of the EP & A Act 1979. In particular, it should address the opportunity to defer the payment of local contributions and levies until at least the first Occupation Certificate."

 

Comment

 

The timing of delivery of contributions is set by the EP & A Act. In June 2020, a new Ministerial Direction was made to temporarily defer the payment of local infrastructure contributions and levies until the issuing of an occupation certificate. The NSW Government’s recent response to the NSW Productivity Commission’s Review of Infrastructure accepts the Commission’s recommendation to make payment at occupation certificate permanent. This will delay the provision of infrastructure to support residential growth. 

 

6.   Indexation transparency

 

“It is important, however, that Council publishes its current contribution rates for each quarter so that there is a high level of transparency regarding its contribution rates."

 

Comment

 

While indexes are published quarterly, Council currently publishes its Section 7.11 contribution rates annually in the Fees and Charges document, which is publicly available.

 

7.   Shared pathway - cost impost

 

“the extent of the cycle infrastructure within the precinct is significantly denser than that of any area across the Lane Cove LGA or comparably dense precincts in Willoughby and North Sydney. This imposes greater relative costs on redevelopment projects, providing further competitive disadvantage to the precinct."

 

Comment

 

The Bike Plan for St Leonard’s South and the broader Lane Cove area derives from the St Leonard’s South DCP 2020 and the Lane Cove Bike Plan 2019. The St Leonard’s South shared paths are especially needed for a residential precinct of increasing density.

 

Given that these cycleways are included in Council’s strategic plans there is an expectation that they be delivered.

 

8.   Justification

 

“Council has not shown sufficient justification to support the additional contributions. There has been no major changes to the rezoning or proposed developments from the original plan approved by Council."  "Requesting higher percentage for S7.11 contributions is evidence that Council missed proper planning for St Leonard’s South. It is obvious from the revised S7.11 contributions plan that Council did not have the vision or the appropriate future plans for the area."  "...If the services were sufficient for the original plan then they should [be] fine with less units."

Comment

 

As stated in AT-1, the draft Section 7.11 Contributions Plan has been revised in line with the precinct changes as follows:

 

·    Has regard to the reduced dwelling yield, 2400 to 1974 dwellings;

·    Proposes increased contribution rates, due to decreased number of dwellings;

·    Includes Consumer Price Index (CPI) and Established House Price Index; 

·    Includes the proposed partial road closure of Canberra Avenue including landscape works;

·    Includes pedestrian/cyclist works including shared use pathways and footpaths;

·    Does not include the widening of River Road footpath – this is to be investigated separately with NSW Roads and Maritime Services; and

·    Does not include the new road between Park and Berry Roads – this is to be provided by the developer via the LEP bonus mechanisms.

 

9.   IPART assessment - needed

 

It is stated that,

 

“IPART should review the draft plan and demand more detailed breakdown as the correct plan definition of compensation for particular portions is not clear."

 

Comment

 

The revised plan will be submitted to IPART for review and assessment.

 

 

10. Canberra Avenue closure

 

Six submissions oppose the public road closure of Canberra Avenue because, for example, it is claimed that:

 

“…this will take away an access road to 2/3rds of the Proposed development of St Leonard’s south. The council is planning a population of around 2000 people in St Leonard’s South, hasn't restricted the number of car spaces in each of the developments to the bare minimum as expected for a zone so close to public transport and expects 2/3rds of them living within the confines of Berry Road, Holdsworth Avenue and Canberra Avenue to use just two road arteries in Duntroon Avenue and Berry Road to leave and enter the area.”

 

One submission indicated

 

“This represents an inconsistent approach to the delivery of necessary road upgrades and imposes an unreasonable cost on all developers across the Precinct. It is therefore recommended that alternative approaches to the funding of the road closure of Canberra Avenue be investigated. One possibility would be an increased FSR incentive for delivery of the road closure and associated works.”

 

Comment

 

The Canberra Avenue road closure is in response to the need for further open space in the precinct, as resolved by Council on 11 May 2020. It is also a recommendation of the St Leonards/Crows Nest 2036 Plan, under P4 Pedestrian and cycle connection: Canberra Ave. There remains sufficient road capacity within the precinct.

 

As part of its post-consultation changes, Council resolved to partially close Canberra Avenue for open space as well as reduce the overall built form by 5 %. The built form fronting this new open space was reduced to 6 storeys. This reduction in this location means that it is not suitable to deliver the Canberra Avenue open space via an FSR incentive as suggested. Use of s7.11 contributions for this open space is consistent with other open space embellishment included in the plan.

 

11. New Central Park - Alternative funding for faster delivery

 

“Given the prevailing development climate and the over-supply of units in the Lower North Shore, it may be many years before Council is in a position to deliver on its much-vaunted Central Park if it is relying on Section 7.11 funds to do so.

 

It is inappropriate that the thousands of residents who have already moved into Council’s pilot projects (or will do so soon) and the residents of the SLS developments that may proceed in the next 5 years will be forced to live in a precinct with minimal amounts of green open space.

 

And it is inappropriate that Council should leave the owners of the sites destined to be acquired for Central Park in limbo, having already been subjected to uncertainty and stress since 2012.

 

For this reason… Council should, as a priority, look to alternative funding sources to secure the sites for the Central Park.”

 

Comment

 

It is acknowledged that the delivery of the precinct will be over an extended period, which is common in renewal areas. Alternative funding mechanisms (i.e. borrowing the money upfront), at least in the short to medium term, would likely double the costs and rates within the plan as the acquisition of the new park (between Berry and Park Roads) make up over 60% of the total costs. This increased cost would be significant and ultimately be transferred to the broader community, which is inconsistent with the intent of the precinct specific plan.

 

Other issues raised in submissions were:

 

1.   Master Plan for St Leonard’s South not supported,

2.   Non-complying FSR and Height,

3.   Open space quantity,

4.   VPAs - not guaranteed,

5.   Parking rates, and

6.   Pacific Highway shops.

 

These issues are matters are not relevant to the draft Section 7.11 Contributions Plan and have been addressed in previous studies and reports relating to the subject.

 

Conclusion

 

The St Leonard’s South Section 7.11 Plan aims to authorise the Council to require a contribution under the NSW EP & A Act to be made towards the provision, extension or augmentation of Local Infrastructure that is required as a consequence of development in the Precinct. 

 

The public consultation resulted in eleven issues relevant to the S.7.11 Plan and have been considered and addressed in this Report. The Plan has been further amended to take into account matters raised in submissions.

Additional costs for land acquisition, specified in the Land Acquisition (Just Terms Compensation) Act 1991, has been provided and included in the amended plan. Further, a new acquisition rate of $9,750/m2 is provided (by HillPDA) for the purposes of calculating the s7.11 Infrastructure schedule – which has also been incorporated into the plan.

 

A number of other issues raised relate to decisions to rezone the precinct and are not relevant to the proposed S.7.11 Plan, which aims to fund and provide local infrastructure to support the proposed high-density precinct.

 

It is recommended that Council supports the St Leonard’s South Draft Section 7.11 Contributions Plan (in AT-1), as amended, and that the General Manager forward the plan to IPART for review and assessment.

 

RECOMMENDATION

 

That Council adopts the St Leonard’s South Draft Section 7.11 Contributions Plan (in AT-1), as amended, and that the General Manager forward the plan to IPART for review and assessment.

 

 

 

 

 

 

Mark Brisby

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1View

FINAL St Leonards South Draft Section 7.11 Contributions Plan as further amended

68 Pages

 

AT‑2View

Open Space Acquisition rate - March 2021

3 Pages

 

  


 

Ordinary Council Meeting 19 April 2021

2021/2022 Draft Budget, Fees and Charges and Delivery Program and Operational Plan

 

 

Subject:          2021/2022 Draft Budget, Fees and Charges and Delivery Program and Operational Plan    

Record No:    SU7417 - 12269/21

Division:         Corporate Services Division

Author(s):      Steven Kludass; Sarah Seaman 

 

 

 

Executive Summary

 

The Local Government Act 1993 requires Council to adopt its annual Operational Plan and Budget by 30 June, outlining the activities to be undertaken in the next financial year (i.e. from 1 July), as part of a Delivery Program. The Local Government Regulation 2005 requires the Operational Plan and Budget include the annual Revenue Policy.

 

This report presents a draft of the Delivery Program and the Operational Plan 2021/22, Draft 2021/22 Budget together with the Draft 2021/22 Schedule of Fees and Charges. The budget establishes the anticipated operating result for 2021/22 and provides information on key income and expenditure. It also contains Council’s revenue and pricing policies.

 

This report recommends that the Draft Budget 2021/22, Delivery Program and Operational Plan 2021/22 and Fees and Charges 2021/22 be endorsed for public exhibition.

 

Background

 

In October 2009, the NSW Government enacted the Local Government (Planning and Reporting) Amendment Act 2009, which set a new framework to integrate the various statutory planning and reporting processes as required by the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979.

 

The Integrated Planning and Reporting framework requires a number of strategic planning and resourcing documents, with alignment to the term of the elected council. The requirements include a long term Community Strategic Plan (at least 10 years), a Delivery Program for the term of the council (generally four years), and a detailed Operational Plan that will set out council’s projects and activities for the coming 12 months.

 

Draft Budget for 2021/22

 

Budget Summary

 

The Draft Budget 2021/22 (AT-1) has been formulated on a ‘business as usual’ basis. In summary, the following key results and initiatives include:

 

·        The operating result budgeted for in the 2021/22 financial year is a surplus of $139,901, before capital grants and contributions. Including capital grants and contributions, Council’s surplus is estimated to be $5,937,791. 

·        The Rates and Annual Charges for 2021/22 include a general rate increase of 2.0%, as determined by IPART. It is proposed to levy two (2) Ordinary Rates in 2021/22 in accordance with S.492 and S.497(a) of the Local Government Act.

 

a.       An Ordinary Residential Rate of  0.109188 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $931, to yield $20,792,006.

 

b.       An Ordinary Business Rate of 0.576540 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $951 to yield $5,945,525.

 

·          It is proposed to levy a Car Parking Special Rate on Business premises in Lane Cove of 0.200299 cents in dollar with a minimum rate of $2 per assessment, to yield $176,478. This revenue will continue to repay an internal borrowing to finance The Canopy Car Park.

 

·          Salary and Wages related expenditure totals $21.5m, which includes an Award increase and other employee related expenses.

 

·          A full schedule of the user fees and charges proposed for the year is included in (AT-2). The proposed fees have been set in accordance with Council’s pricing policy, which requires consideration of a number of factors including community service obligations, the cost of service provision, whether the goods or services are provided on a commercial basis, and the capacity of the user to pay.

 

   ·          The Draft Budget provides for the levying of a Domestic Waste Management Charge (under S.496 of the Act) of $465.60 for each 80 litre MGB and recycling service on all rateable and non-rateable residential properties. Charges for DWM services rendered to residential units above business premises, or extra DWM services rendered to other premises, are set out in the Schedule of Fees and Charges for 2021/22.

 

   ·          It is proposed to levy a stormwater levy of $25 per residential or business property and $12.50 per residential strata unit. The levy is proposed to yield $313,638.

 

   ·          Council continues to fast track Sustainability initiatives utilising the Sustainability Levy. Projects for 2021/22 include:

 

Depot Solar Panels and Water Harvesting

Civic Centre Solar Panels

Love Where You Live

Urban Forest Strategy

Nuisance Bird Project

Village Graffiti Reduction Program

Tree Trail Upgrade

Lovetts Reserve Biodiversity Protection

Resilience Plan Implementation

Water Testing Program

Sustainability Lane

 

Draft Delivery Program including the Operational Plan 2021/22

 

The draft Delivery Program is Council’s response to the aspirations in Council’s Community Strategic Plan, Liveable Lane Cove 2035. The Delivery Program describes Council’s commitment to the community during its term of office and contains the principal activities to be undertaken. Those principal activities are aligned to the services that Council carries out with the required funding allocated.

 

The Operational Plan for 2021/22 is captured within the Delivery Program (AT-3).

It outlines the individual Key Initiatives, Ongoing Activities and Capital Works that will be undertaken and includes Council’s Annual Budget and Statement of Council’s Revenue Policy.

 

Staff have reviewed the progress of the current Operational Plan together with the objectives of the Delivery Program to develop the projects and programs for the draft 2021/22 Operational Plan in line with recent Council adopted strategies and priorities.

 

Key Initiatives outlined in the Delivery Program and Operational Plan 2021/22 include:

 

St Leonards Public Domain Works           

Construction of over rail plaza and public open green space. The total value of the project is approximately $40m, funded from a Voluntary Planning Agreement and will be delivered over the next two financial years (ie $20m in 21/22 and $20m in 22/23).

 

Roads, Footpaths, Drainage Asset Renewal Works       

Includes a range of civil related asset infrastructure renewal works across the Lane Cove LGA, in accordance with adopted asset management plans. The total value of works to be undertaken during 2021/22 is estimated at $4.3m.

 

New Roundabout in Northwood                                        

Includes the construction of a new roundabout at the intersection of River Road / Northwood Road / Stephenson Street to improve safety. The total value of works is estimated at $3.0m and includes property acquisition

 

Bob Campbell Oval Masterplan                                         

Project entails the construction of Bob Campbell Oval in accordance with the adopted Master Plan.

Total value of works is estimated at $2.9m.

 

Tantallon Oval                                                          

Project includes new changerooms, canteen facility, storage for clubs, public toilets, community room and BBQ facilities for community use. The roof will include solar panels and battery for storage. The total value of works to complete the project in 2021/22 is estimated at $1.25m.

 

Bicycle Facilities (incl Shared User Paths)

The Bicycle Facilities Program includes a Shared User Path from Bob Campbell Oval to Greenwich Road. The total value of this program is estimated at $633k.  

 

Building Upgrade Works                                        

A range of building renewal/upgrade works are earmarked for the Civic Centre, Depot, Youth Centre, Carisbrook Building, Kindy Cove, Longueville Sporting Club and Senior Citizens Centre

Total value of these works is estimated at $610k.

 

 

Indoor Sports Facility - Golf Course Precinct                                          

A total amount of $547k has been earmarked for 2021/22 to progress the proposed redevelopment within the Precinct, including construction of a new indoor sport and recreation facility.

 

Drainage – St Leonards South                               

Council will be undertaking an upgrade of existing stormwater system as part of the St Leonards South redevelopment plans. These works are estimated to be $500k.

 

 

 

Playground Equipment                                           

Playground upgrades are scheduled for Helen Street Reserve, Henningham Reserve and Best Street. The combined value of these upgrades is estimated at $350k.

 

The Mens Shed                                                        

This project entails the conversion of a Council building at 47 Burns Bay Road from a child care facility to a facility capable of housing The Men’s Shed which is relocating from St. Columba’s Retirement Village. The conversion will include acoustic and dust extraction measures. The total value of works is estimated at $300k.

 

Blackman Park                                             

A variety of works including design for upgrade of sports field lighting, synthetic sports field maintenance, shade structure for dog park and bridge installation at wetland are proposed at Blackman Park. The total value of works is estimated at $300k.

 

Market Square Carpark Management System                  

Council will be installing a carpark management system to assist with parking circulation and the ability to readily identify available spaces to park. The total value of works is estimated at $200k

 

Community Consultation

 

It is a statutory requirement that the Draft Budget 2021/22, Delivery Program and the Operational Plan 2021/22 and Fees and Charges 2021/22, following Council’s initial consideration, be placed on public exhibition for a period of not less than twenty eight (28) days. Following this, Council must consider any public comments submitted before the Plans can be adopted.

 

It is proposed to exhibit these documents for six (6) weeks from late April 2021 to early June 2021. A report will be prepared for Council’s consideration at the June Ordinary Council Meeting advising of the results of the community consultation and recommending final adoption. Until the Delivery Program and Operational Plan (including Budget) is adopted, Council is unable to levy rates and charges for the financial year for which the plan is prepared.

 

Consultation Statement of Intent

 

The consultation is designed to provide the community with the opportunity to comment on the proposed initiatives and actions over the next year

 

The methods of consultation proposed are outlined below. The proposed exhibition will be at both the Civic Centre and the Library to final confirmation. 

 

Methods

 

Level of Participation

Inform

Consult

Form of Participation

Open

Open

Target Audience

Whole Community

Whole Community

Proposed Medium

Public and Website Exhibitions / Advertising / eNewsletter

Survey

Indicative Timing

April – June 2021

April – June 2021

 

 

 

 

 

 

RECOMMENDATION

 

That:-

1.   Council adopt, for the purpose of public exhibition, the 2021/22 Draft Budget and Draft Fees and Charges, the Delivery Program and Operational Plan 2021/22;

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

3.   Following public exhibition, the 2021/22 Draft Budget and Draft Fees and Charges and the Delivery Program and Operational Plan 2021/22, together with a report on any submissions received, be considered at the Council meeting to be held 21 June 2021.

 

 

 

 

 

 

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Draft Budget 2021-2022

12 Pages

 

AT‑2View

Draft Fees & Charges 2021-2022

24 Pages

 

AT‑3View

Draft 2021-22 Delivery Program & Operational Plan

108 Pages

 

 

 


 

Ordinary Council Meeting 19 April 2021

Sustainability Small Grants - Round 21

 

 

Subject:          Sustainability Small Grants - Round 21    

Record No:    SU8304 - 17260/21

Division:         Environmental Services Division

Author(s):      Fiona McCleary 

 

 

Executive Summary

 

Applications for Round 21 of the Sustainable Small Grants Program, funded by Councils Sustainability Levy, closed on 31 March 2021. One (1) application was received and it is not recommended for 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 21 of the Sustainability Small Grants Program a total of one (1) application was received for funding:-

 

           Lane Cove Public School P&C – Idle Off Campaign. The campaign aims to reduce idling of vehicles around the school precinct through an educational campaign using prominent signage including a banner and permanent metal signs, social media, a short film and a flyer. The grants request totals $3,000.

 

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

 

It is recommended that Council address the issue of idling through a social media campaign that reaches all residents throughout the LGA.

 

Budget

 

The Sustainability Small Grants funding totals $15,000 each year. There is currently $2,464.50 remaining in the budget for this financial year.

 

Conclusion

 

Council acknowledges that idling is a problem across NSW. Legislative power to better manage idling resides with the NSW State Government however Council can play a role by advocating for increased awareness on this issue. 

 

 

 

 

 

 

RECOMMENDATION

 

That:-

 

1.   Council not approve the funding for Lane Cove Public School P&C.

 

2.   Council create a social media campaign to address the issue of idling in the LGA.

 

 

 

 

 

 

 

Mark Brisby

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1View

Sustainability Small Grants Criteria

7 Pages

 

AT‑2View

Sustainability Small Grant Recommendation - Round 21

1 Page

 

  


 

Ordinary Council Meeting 19 April 2021

Community Grants to Community Groups 2021-2022

 

 

Subject:          Community Grants to Community Groups 2021-2022    

Record No:    SU8197 - 19765/21

Division:         Human Services Division

Author(s):      Susan Heyne 

 

 

Executive Summary

 

This Report discusses the 2021/2022 Financial Assistance Grant application process and recommends various grants. Under Section 356 of the Local Government Act 1993, Council may grant Financial Assistance to Community Organisations. Each year Council calls for applications for financial assistance from community groups either based in the Lane Cove Local Government Area (LGA) or those whose assistance addresses the identified needs of people within the LGA.

 

The 2021/2022 Community Grants program was promoted through Council’s Website and through an extensive mailout during January 2021. Applications closed on 8 March 2021. The 2021/2022 budget includes a provision of $521,000 for Financial Assistance to Community Groups. Council has received a total of 23 applications requesting funds to the value of $538,359.

 

Background

 

Community organisations play a critical role in providing vital community and recreational activities,

keeping the community healthy and connected. Council’s approach to working with local

community organisations is to work in partnership so that the local community can receive high

quality services and participate in volunteering and community orientated activities improving their

connectedness and ability to participate.

 

Community Grant Applications Received for 2021/2022

Currently, Council’s Community Grants to community organisations fall into the following

categories:-

·    Arts and Cultural Services;

·    Services for Youth;

·    Community Services including age and disability;

·    Community Development and Support.

·    Sporting programs; and

·    Facility upgrades.

 

Applications are assessed against the criteria provided in the Guidelines attached as AT-1.

 

Applicants are required to show how their application meets the needs of Lane Cove by referring to

Council’s Plans. It is noted that following the development of the Disability Inclusion Action Plan

(DIAP) additional criteria and questions regarding inclusion have been added to the Community Grants processes to ensure people living with disability are considered and included in the projects.

 

The commitment for Council based on the recommendations from the Council Selection

Committee of 12 April 2021 is $446,747. A copy of these recommendations has been circulated

separately to Councillors in a Confidential Memo.

 

Recurring commitments to community organisations total $47,930.31 and are listed in AT-2. The

majority of these are longstanding commitments relating to Council’s contributions to rate payments, or the waiving of payments and other costs. This has been allocated within the Financial

Assistance budget.

 

One community group has taken up the opportunity of the Cultural Venue Performance

Hire Subsidy Funds for the 2021/2022 financial year of $800.

 

An amount of $15,000 has been set aside for Council to manage funds for the Lane Cove Art

Award.

 

The total amount of the Financial Assistance Grants Program recommended in this Report is

$481,536.31.

 

Discussion

The funding recommendations were made with focus on several areas including:

·    Support to longstanding and established organisations within the community, namely Sydney Community Services and Centrehouse;

·    Support to projects that can be successfully completed within the 2021/2022 financial year.

 

Sydney Community Services and Gallery Lane Cove + Creative Studios

In the 2016/17 Financial Assistance program a 5-year Service Agreement was made with Sydney

Community Services and a 3-year Service Agreement was made with Gallery Lane Cove +

Creative Studios to support the organisations in times of change and development.

 

Council’s Service Agreement with Sydney Community Services will end in 2021. In 2020, Council agreed that the new Service Agreement with Sydney Community Services be a three-year agreement.

 

In the 2018/2019 Financial Assistance Program the 3-year Service Agreement with Gallery Lane

Cove + Creative Studios was extended for another year to further support the organisation and

provide time to consolidate new models of service delivery and programs. The 2019/2020 funding

was to mark the final year of this agreement. However, due to COVID-19, and the effect of the

addition of the Creative Gallery the agreement was extended for an additional year. 

 

In 2021/2022 both Sydney Community Services and Gallery Lane Cove + Creative Studios will be offered 3-year Service Agreements.  The 3-year agreements will provide funding security to the organisations whilst also allowing for flexibility if circumstances change for the organisations.

 

Sydney Community Services and The Meeting House

In January 2021, Sydney Community Services and The Meeting House amalgamated under the banner of Sydney Community Services. Prior to the amalgamation, the Meeting House received funding from Council’s Community Grants program.  Sydney Community Services’ funding application for 2021/2022 included funding for The Meeting House.

 

Managing Applicant expectations

The Grant current application form asks applicants to provide details of the funding required including the amount, if any, that the organisation will be contributing to the project. Some applications received in 2021/2022 and in previous years have asked for the full cost of the project to be borne by Council. 

 

It is recommended that, in future funding rounds, the Guidelines and application form clearly indicate that there is an expectation by Council that any funding provided by Council is a co-contribution to the project and that all applications for Community Grants require a co-contribution, either as funding or an in-kind contribution.  Any application that does not include a co-contribution must include an explanation as to why the organisation is unable to contribute to the program.

Council’s Community Grants program is essentially a ‘small grants’ program.  The purpose of the program is to support community organisations to provide one-off programs and projects that benefit the Lane Cove community.  As such it is recommended that, unless there are exceptional circumstances or projects, the maximum amount of funding that can be provided by the Community Grants program be limited to $10,000 and that this information be included in the Guidelines and application form.

 

The inclusion of Sydney Community Services and Gallery Lane Cove + Creative Studios can also mislead organisations into thinking that the amount of funding available to groups is much larger than it really is.  The average amount of funding requested in 2021/2022 was just under $8,000.

 

Therefore, it is recommended that Sydney Community Services and Gallery Lane Cove + Creative Studios be separated from the Community Grants program. That there be a Community Grants program for one-off, small grants of up to $10,000 and a separate category for organisations with Service Agreements. 

 

Application process 

The current application process requires applicants to complete a form in Word format that can be submitted via email or in person.  The application also requires extra information to be provided and this if often emailed separately via email or hand delivered to the front counter at Council. 

 

Software specifically designed to manage Community Grants is now available and widely used throughout councils in NSW.  It is recommended that software options for online grant application processes be investigated.

 

Financial Assistance Grants Comparisons with Other Areas

It is difficult to compare what occurs in other Council areas because:

·    Each Council is different as there is a mix of community based and local government services

·    In some areas organisations apply for funds under the ClubGRANTS program

·    There is no consistent accounting procedure across councils which captures the value of

contributions that councils provide to local organisations, and

·    Some councils may support local groups out of separate line items as identified in their Delivery and Operational Plans and budgets.

 

Community Grants Presentation

Each year, Council invites all funded groups to a Presentation Ceremony in August. This provides the opportunity for Council to showcase its Grants Program and for local groups to receive recognition for the work they do in a wider forum. It is suggested that the practice be continued, and the ceremony take place on Wednesday 4 August 2021.

 

Community Consultation

 

Council will give six (6) weeks Public Notice of the Financial Assistance to Community Groups following the adoption of this report, using the method of consultation outlined.

 

Level of Participation

Inform

Consult

Form of Participation

Open

Open

Target Audience

Lane Cove Community

Lane Cove Community

Proposed Medium

eNewsletter and Council Notices on Website

Website Exhibition

Indicative Timing

April - June

April - June

 

Conclusion

 

Council’s Financial Assistance Grants Program assists in the development of a range of

community based services which meet, and are responsive to, changes in the needs of people living and working in Lane Cove. It promotes equitable outcomes in terms of access to services and quality of life for all residents. Council uses its planning documents to assist in organisations’

understanding the needs of the community and in assessing the grant submissions.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Give consideration to Financial Assistance Grants and the Cultural Venue Performance Hire

Subsidy Funds to Community Groups for 2021-2022;

 

2.   Negotiate a three-year agreement with Sydney Community Services and Centrehouse (Gallery Lane Cove + Creative Studios).

 

3.   Separate out the Grants to organisations with Service Agreements and organisations receiving one-off, small grants.

 

4.   Limit the amount of funding provided under the Community Grants program to a maximum of $10,000 except in exceptional circumstances.

 

5.   Require any funding provided by Council to be a co-contribution to the project and that all applications for Community Grants require a co-contribution, either as funding or an in-kind contribution.  Any application that does not include a co-contribution must include an explanation as to why the organisation is unable to contribute to the program.

 

6.   Require Community Grants applicants to provide a co-contribution, either as funding or in-kind to the project and that those organisations unable to provide a co-contribution include an explanation as to why the organisation is unable to contribute to the program.

 

7.   Consider investigating options for using software applications for future Community Grant funding rounds.

 

8.   Give public notice of the proposed funding in accordance with the consultation strategy outlined in this report and, subject to no objections being received, grant the funds.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

ATTACHMENTS:

AT‑1View

Community Grants Program 2021-2022 - GUIDELINES

 

 

AT‑2View

Standard rates and contributions - 2021-2022

 

 

  


 

Ordinary Council Meeting 19 April 2021

Remote Attendance by Councillors at Council Meetings

 

 

Subject:          Remote Attendance by Councillors at Council Meetings     

Record No:    SU199 - 18717/21

Division:         Corporate Services Division

Author(s):      Steven Kludass 

 

 

Executive Summary

 

The Office of Local Government has issued a consultation paper, Remote Attendance by Councillors at Council Meetings to seek the views of councils and others on proposed amendments to the Model Code of Meeting Practice for Local Councils in NSW to allow councils to permit individual councillors to attend meetings remotely by audio-visual link in certain circumstances. It is proposed to make a submission supporting the new provisions. The Office has also advised of the proposed extension of the period during which attendance by audio-visual link is allowed while the consultation is occurring.

 

Background

 

The Office of Local Government has issued Circular 21-01 dated 9 March 2021 concerning

transitioning back to in-person council and committee meetings and consultation on proposed

changes to the Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code)

allowing remote attendance at meetings.

 

The State Government has recognised the successful implementation of remote attendance by councillors at meetings by audio-visual link during the COVID-19 pandemic. It has advised that some councils have called for the option of remote attendance to be made available on an ongoing basis to encourage greater diversity of representation. Accordingly, a consultation paper, Remote Attendance by Councillors at Council Meetings has been prepared by the Office of Local Government (OLG) to consider this. To accommodate a consultation period, transitional arrangements are proposed under amendments to the Local Government (General) Regulation 2005 (the Regulation) concerning transitioning back to in-person council and committee meetings while the consultation is occurring.

 

A copy of the consultation paper is attached to this report (AT-1).

 

Discussion

 

Transitional arrangements

 

The period during which the requirement for councillors and members of the public to attend meetings is satisfied if the meeting is held in whole or in part remotely using audio visual links, expired on 25 March 2021. This relates to the special provisions made under the Local Government Act 1993 (the Act) to address the COVID-19 pandemic. Amendments will be made to the Regulation to allow councils to permit individual (but not all) councillors to attend meetings by audio-visual link. The amendments will be temporary and will expire on 31 December 2021. These transitional arrangements will accommodate a consultation period for the OLG to seek the views of councils and others on proposed amendments to the Model Meeting Code to allow councils to permit individual councillors to attend meetings remotely by audio-visual link in certain circumstances.

 

 

 

The Regulation will be amended while OLG consults on the proposed amendments to the Model Meeting Code to allow councils to give approval for individual (but not all) councillors to attend meetings remotely. Further guidance on interim arrangements is not available at the time of writing as the Regulation amendment is yet to be made. However, what is clear is that the Regulation amendments will not allow whole councils to meet remotely by audio-visual link. Under the Regulation amendments, the decision to permit councillors to attend and participate in meetings remotely by audio-visual link will be one that is at each council’s discretion. Councils should only give approval for councillors to attend meetings by audio-visual link in exceptional circumstances, for example, because the councillor is prevented from attending the meeting due to illness, disability, carer responsibilities, a natural disaster or because the councillor is away from the local area due to a prior work commitment.

 

From 26 March 2021, councils will once again be required under section 10 of the Act to permit members of the public to attend meetings in person, subject to the requirements of any Public Health Order in force at the time and social distancing requirements. Councils can limit the number of members of the public attending meetings to comply with the Public Health Order and to ensure appropriate social distancing.

 

As of 12 February 2021, the number of persons permitted to attend council and committee meetings in addition to councillors and staff under the Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2021 (the Public Health Order) has been increased. Up to 25 persons may attend meetings. Councils can permit more than 25 persons to attend meetings provided the size of the meeting venue is sufficient to ensure there is at least 2 square metres of space for each person at the meeting venue. Councillors and council staff are not to be counted when calculating the space available for each person at the meeting venue and the number of persons who are attending a meeting.

 

The number of persons permitted to attend meeting venues under the Public Health Order is the maximum permissible. Councils should continue to ensure appropriate social distancing is practised at meetings and should undertake their own risk assessment of meeting venues and apply whatever COVID mitigation strategies may be necessary to ensure appropriate social distancing is practised at meetings.

 

Any limitation in the number of members of the public attending meetings is mitigated by Council’s webcast of meetings.

 

The Consultation Paper

 

The amendments being proposed to the Model Meeting Code under the consultation paper are as

follows:-

 

·    Councils will be able to give approval for individual councillors to attend a meeting remotely by audio-visual link where the councillor is prevented from attending the meeting because of ill health, disability, carer responsibilities, natural disaster or, on a limited number of occasions in each year, because they are absent from the local area due to a prior work commitment;

 

·    As with decisions to grant a leave of absence under the existing provisions of the Model Meeting Code, the decision to permit a councillor to attend a meeting by audio-visual link is one that will be at the council’s or committee’s discretion.

 

·    When attending meetings by audio-visual link, meeting rules and standards will apply to councillors in the same way they would if the councillor was attending in person.

 

·    Councillors attending meetings by audio-visual link will be required to disclose and appropriately manage conflicts of interest.

 

·    Councillors attending meetings by audio-visual link will be required to protect the confidentiality of information considered while the meeting is closed to members of the public.

 

·    The proposed amendments will contain provisions that allow the chair to enforce compliance with meeting rules by councillors attending meetings by audio-visual link.

 

The proposed new provisions will not be mandatory, and Council will be able to choose whether to

include them in its adopted Code of Meeting Practice.

 

Further discussion on individual proposals is contained in the attached consultation paper.

 

Community Consultation

 

The community would ultimately be consulted on this issue should Council choose to include any

new Model Meeting Code provisions in its Code of Meeting Practice.

 

Conclusion

 

The proposal to allow councils to permit individual councillors to attend meetings remotely by

audio-visual link in certain circumstances and to allow councils the discretion to be able to choose

whether to include them in their adopted codes of meeting practice, is broadly supported and viewed as a positive step in terms of accessibility and diversity of representation.

 

Council has the proven technological resources and competencies to effectively manage either full physical or full virtual councillor attendance. However, at this stage, a hybrid model (part physical and part virtual councillor attendance) has not yet been tested. Council will need to investigate whether existing technologies and competencies can accommodate a hybrid model. More importantly, any decision to include a hybrid model in the new Model Code of Meeting Practice will need to be informed by the operational requirements necessary to support a hybrid model.

 

RECOMMENDATION

 

That Council make a submission to the OLG, broadly supporting the proposals detailed in the consultation paper as outlined in the report prior to the closing date of 3 May 2021.

 

 

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

 

ATTACHMENTS:

AT‑1View

Remote Attendance by Councillors at Council Meetings Consultation Paper

 

 

  


 

Ordinary Council Meeting 19 April 2021

Celebrating Youth Week

 

 

Subject:          Celebrating Youth Week    

Record No:    SU4985 - 19092/21

Division:         Human Services Division

Author(s):      Corinne Hitchenson 

 

 

Executive Summary

 

Council is participating in Youth Week which runs from the 16-24 April 2021.  Local young people will feature in a short video project entitled ‘I am Lane Cove’ and also have the opportunity to attend the regional Shoreshocked music event held in North Sydney.

 

Background

 

The NSW Government established Youth Week in 1989 and following on from its success the event became a National initiative which is supported by all tiers of government.

 

Youth Week encourages young people to express themselves, act on issues that affect their lives, share their views and ideas and be part of a range of events which take place in their local community.

 

Discussion

 

National Youth Week runs from 16-24 April 2021. In addition to attending regular programming in the newly refurbished Youth Centre, young people in Lane Cove have been given the opportunity to participate in two main local initiatives.

 

‘I am Lane Cove’ is a video project which helps share the perspective of young people living in Lane Cove. Young people will volunteered to answer a series of questions and in doing so give thoughtful, honest and colourful responses to help highlight their reality. Perspectives include the positive impact of the Youth Centre, the misconceptions of young people and their concerns for the future. The video will be shared on Council’s online platforms during Youth Week and will be available for use in future engagement projects.

 

Council is also participating in the regional Shoreshocked music event which will be held at St Leonards Park, North Sydney on Saturday 17 April with live performances including one of our own Lane Cove locals performing, Dial Denial.

 

Conclusion

 

Council’s participation in Youth Week demonstrates its ongoing commitment to celebrating young people in Lane Cove.

 

RECOMMENDATION

 

That Council receive and note the report.

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 19 April 2021

Council Snapshot March 2021

 

 

Subject:          Council Snapshot March 2021    

Record No:    SU220 - 19501/21

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

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 March 2021.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot  - March 2021

40 Pages