Lane Cove Council June 2023 Meeting

The Lane Cove Council May 2023 Meeting will be held on Thursday, 22 June 2023.

Listed below are the agenda items for the meeting.

Have Your Say – Be Part of the Process

Residents can write to Councillors on any agenda item or issue. If you use the email address – [email protected], your email will go to all councillors.

Mayoral Minutes

Mayoral Minute – Leading a Reform Agenda on Waste Recommendation 

This Mayoral Minute notes that Mayor Andrew Zbik attended on 18 May 2023 the Council of the Metropolitan Sydney Mayoral Summit on Waste.  The Summit discussed ways local councils could formulate and contribute solutions to leading reform on waste.

Notices of Motion

Notice of Motion – Report on Chief Scientist and Engineer’s Independent Review into the Design, Use and Impacts of Synthetic Turf in Public Open Spaces Recommendation

Councillors Southwood and Flood have tabled a notice of motion asking for a review of the proposed future management, replacement and disposal of synthetic turf in the Lane Cove Council Area.

Synthetic Turf in the Lane Cove Council area has been the subject of recent debate.  Originally the Bob Campbell Masterplan called for the existing grass field to be replaced by synthetic turf.  This led to the establishment of the Bob Campbell Natural Grass Association.  After the Lane Cove Council election in 2021, councillors voted to review the Bob Campbell Oval masterplan, and a new natural grass field will be installed with appropriate drainage.

In November 2021, the Hon. Rob Stokes MP, (then) Minister for Planning and Public Spaces, requested the NSW Chief Scientist & Engineer provide expert advice on the use of synthetic turf in public open spaces in NSW.  The Chief Scientist report was recently made available to the public – read the report here.

The Chief Scientist made the following recommendations.

Notice of Motion – Address Need for Increased Funds for Maintenance and Enhancement of Bushland and Tracks Recommendation    

Councillors Southwood, Flood, Kennedy and Bryla have tabled a notice of motion seeking a review of budget allocation for the upkeep of the bushland in Lane Cove bushland areas.  They have suggested councillors adopt the following recommendation.

“That should the 2023/2024 budget be approved:

1. Any surplus/savings at the end of each financial quarter (for the upcoming financial year)  be allocated to supplementing the bushland budget, and these surpluses be reported to council in the month following the quarter;
2. Council discusses at the next corporate planning weekend  (January 2024) a percentage increase in budget for bushland to be reviewed to ensure sustainable maintenance and regeneration of the Lane Cove Bushland Areas ( C2 Environmental Conservation on the Lane Cove Local LEP maps), and for climate resilience measures for bushland;
3. Council considers in its forthcoming S7.11 plan expansion of bushland and eligible upgrades within existing bushland to take into consideration the increase in population and resulting increase of use of bushland zones;
4. Organise a community workshop with interested community members and staff to review bushland maintenance and regeneration requirements and explore Bushcare models;
5. Pursues a community engagement program encouraging our community to volunteer and support Bushcare;
6. Council actively educates the community of the impacts of growing weeds in their backyard such as cabbage trees, Cissus Vine and Ochna and communicate this information to the wider community through online/email comms channels, digital media boards in the Plaza and Canopy and print media;
7. Council receives a report that outlines the weed/vine “hot spots” in our current bushland and the funds required to implement weed/vine control to these areas in a 12-month time frame; and
8. Council to present the bush track audit (as already approved to proceed) once complete to a council meeting with outlined bush track repair works and new track works recommended, and the allocated funds required and timeframes to deliver these works.”

Notice of Motion – Truck Usage and Safety in Coxs Lane Recommendation

Councillor Kathy Bryla has tabled a notice of motion arising from concerns by local residents about the number of trucks that use Coxs Lane.  She has recommended that councillors adopt the following resolution:

That Council:

1.   Review the safety and suitability of Long Vehicle and Truck use in Coxs Lane;

2.   Review options for traffic signage and street markings to reinforce the use of other neighbouring road routes for trucks and to stop trucks from using Coxs Lane;

3.   Review the need for a pedestrian crossing in Coxs Lane; and

4.   Report back to Council at the August Ordinary Council meeting with recommendations

Officer Reports for Determination

Sustainability Review of Council’s Development Control Plan Recommendation

The purpose of this report is to incorporate a range of amendments to the Lane Cove Development Control Plan (DCP) addressing sustainability initiatives related to climate change and emission reductions within the Lane Cove Council area. It is recommended the DCP amendments be placed on public exhibition, and a further report be submitted to Council following the exhibition.

Hours of Work – Construction Sites Recommendation    

At Lane Cove Council’s May 2023 meeting, councillors resolved to receive a report considering the variation of Lane Cove Council Development consent standard hours of construction in response to community concerns about the impacts building works on residents.

A report has been prepared and for non-residential flat buildings, it has been recommended that construction work should continue on a Saturday until 5 pm with the proviso “NO high noise generating activities, to be undertaken after 12 noon on Saturday”.

Lane Cove Council currently has two versions of hours of operation to control construction activities.

General building works such as new dwellings, alterations & additions along with swimming pools and other non-residential flat buildings

The following is applicable:

The principal certifier must ensure that building work, demolition or vegetation removal is only carried out between:

Monday to Friday (inclusive) 7.00 am to 5.30 pm

Saturday 7.00 am to 4.00 pm

Multi-Unit developments

The following is applicable:

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:

Monday to Friday (inclusive) 7 am to 5.30 pm

High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00 pm with a respite period between 12.00 noon to 1.30 pm Monday to Friday

Saturday 8 am to 12 noon

With NO high noise generating activities, including excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N.

Numerous residential building works such as new dwellings, alterations and additions along with swimming pools are carried out under the Exempt & Complying SEPP via a Complying Development Certificate (CDC). A majority of which are approved by Private Certifiers.

The applicable hours of operation under the SEPP for a CDC are as follows:

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday, and no construction is to be carried out at any time on a Sunday or a public holiday.

The Officer’s Report notes:

“While it is acknowledged that building works will impact on the local amenity, the core consideration is that the greater the restriction of hours applied, the longer the building works will take to complete.”

If Council restricts the hours on Saturdays to finish by 12pm and not allow any activity, the builder is unlikely to work at all. This restricts works to five days a week.

Effectively the development will lose a week every 5 weeks. In other words, a development that would normally take 10 months would take 12 months to complete.

The best option, if the construction activity creates concern for neighbors, is to complete the project as soon as possible. If the Saturday becomes a lost day, the project may take considerably longer to complete, as such prolonging the impacts.”

As a compromise, the officer’s report suggests that Saturday construction hours remain the same but include the criteria that no high noise-generating activities be undertaken after 12 Noon on Saturday.

Does this go far enough?  What about loud radios played on site all day Saturday?  What about being able to have friends over and being able to have a BBQ in your backyard without the sound of construction?   When the longer hours were introduced during COVID19, Sunday work was permitted if it was inside work and of a quiet nature.  Has that option been canvassed?  What are the impacts on the build time if only certain works permitted on a Saturday after midday?

Revised Works Schedule – Lane Cove Section 94 (now s7.11) Contributions Plan Recommendation 

It is proposed to update the Works Schedule for the Lane Cove Section 94 (now s7.11) Contributions Plan. The update of the Works Schedule is required to reflect works already undertaken and changes in priorities, noting the last comprehensive review of the Works Schedule occurred in 2013. Council is requested to endorse the Revised Works Schedule for public exhibition purposes

Northwood Slope Naming Recommendation

At the Lane Cove Council June 2022 meeting, It was resolved to “Undertake a public process to name the bushland known as the “Northwood Slope” located adjacent to the western side of the golf course.” This Report brings back to Council the results of the community consultation and recommends options to name the area.  Councillors are being asked to adopt “Burumin” Reserve (pronounced boo-roo-min) (brushtail possum) as the formal name.

Badangi State Heritage Listing Consultation Comments Recommendation

The Australian Institute of Landscape Architects (AILA) has proposed that the following Lane Cove reserves:

• Manns Point
• Greendale Park
• Holloway Reserve

be included as a part of the NSW State Heritage listing under the name Badangi (meaning Sydney rock oyster).

The Lane Cove bushland reserves of Manns Point, Greendale Park and Holloway Reserve are rare examples of a natural place within a highly urban city. The area is of state significance as one of the remaining natural landscapes on Sydney Harbour that is mainly unmodified.

The proposal comprises a series of public reserves around  Greenwich Point and the Wollstonecraft peninsula. To the west, around Gore Cove, Manns Point, Holloway Park, Greendale Park, Smoothey Park and Gore Cove Reserve. To the east is Badangi Reserve, and to the south is Berry Island Reserve, connected to the mainland.

The waterways include Berry Creek, most of Gore Cove, most of Berrys Bay, and some Unincorporated Water of Sydney Harbour. The Heritage Council of NSW is seeking support from Lane Cove Council for the creation of Badangi.

The request was put out for public comment.

In compiling a response to Heritage NSW, comments from the public have been incorporated where appropriate. The additions to a works exemptions list will strengthen Council’s ability to carry out essential works in the heritage-listed area without lodging a Development Application.

Response to Rise of Anti-Semitism Recommendation  

At the November 2022 Lane Cove Council Meeting, Councillors Scott Bennison, Katherine Mort and  David Brooks-Horn, proposed that  Lane Cove General Manager contact the Jewish Board of Deputies and the Sydney Jewish Music to develop appropriate strategies that address the concerns of antisemitism and that Lane Cove Council provide the use of its Library facilities for this purpose.

This notice of motion was prompted by Councillor Bennison attending a Kristallnacht Commemoration and a post on a local Facebook group page last year.  The post was discussed at a 2021 Lane Cove Council Meeting.  Please note this statement was NOT published on any page or group run by In the Cove.  The background to the notice of motion includes the following:

“Last year a Lane Cove Facebook Group in our community posted a picture of Auschwitz with a caption comparing a policy of Lane Cove Council’s to the atrocities committed by the Nazis.

The above posting, apart from being ignorant and unfortunate, was offensive to Holocaust survivors and/or their descendants who live in our LGA.

I understand that the Jewish Board of Deputies and the Jewish Museum are working with Wollongong Council in working with local communities raising awareness and anti-Semitic behavior.

I have spoken with the Jewish Board of Deputies and the Sydney Jewish Museum who have stated that they would support a similar initiative in Lane Cove.”

This Report outlines the discussions held at these meetings and suggestions for addressing concerns.

The Lane Cove Council’s officer report concludes:

“Addressing antisemitism in Lane Cove should be seen as a long-term project. The Jewish Board of Deputies identified education as a key means of developing empathy and creating a harmonious society. Both the Jewish Board of Deputies and the Sydney Jewish Museum offer a range of services and programs to support organisations to address antisemitism and educate the local community. These resources are available to Council to address the rise of antisemitism and the program can be accommodated within Council’s existing resources.”

The following resolution is recommended:

That Council:

1. Maintain contact with the Jewish Board of Deputies and the Sydney Jewish Museum to identify opportunities to promote Jewish culture, tradition, and heritage;
2. Investigate the possibility of inviting a speaker from the Jewish Board of Deputies to speak to staff about antisemitism and reporting;
3. Contact local primary schools to advise them of the Museum’s primary school education project when it becomes available;
4. Contact the local organisers of Hannukah and ask if they would like to celebrate the event annually and, if so, make funds available to support the event;
5. Investigate opportunities for speakers from the Museum to talk to the local community; and
6. Promote the Museum to the local community, particularly by highlighting the free entry on Sunday.

Consultation Results on the Draft 2023/24 Budget, Draft Fees and Charges, Draft Delivery Program and Operational Plan, Draft Resourcing Strategy and Associated Resource Plans Recommendation    

This report provides consideration of submissions received as a result of the public exhibition of Council’s Draft 2023/24 Budget, Draft Fees and Charges, Draft Delivery Program and Operational Plan, Draft Resourcing Strategy and associated Resource Plans. Council approved the exhibition of the draft documents at its meeting of 20 April 2023 and the public exhibition period closed on 7 June 2023.

A total of twenty three (23) submissions were received from members of the community on the Draft Plans. Ten (10) were received as part of the online survey questionnaire and thirteen (13) were via free-form submissions addressed to Council.

The officer’s report notes, ” A summary of matters raised in the submissions are addressed in the report. Some refinements have been made to the suite of Draft Plans to reflect matters raised in submissions and, in other cases, information that has come to light during the public exhibition period that necessitates minor changes to the Draft Plans.”

As the amendments have not been highlighted/markedup it is nearly impossible to review the refinements in the short period of time between when the Agenda was released by council and the council meeting.

The officer’s report summarises the issues raised by residents as follows:

• Additional funding for bushland related activities
• Enquiries into traffic management related projects
• Commitment to FOGO
• More sustainable transport options
• New Bus Route to Crows Nest Metro
• A need for more compliance staff
• Subsidised fees for local residents (proposed Sport and Recreation Facility)
• Council Civic Building and Carpark (alternate uses for the site)
• Long term financial plan risks
• Council’s emergency preparedness
• Increased vandalism and graffiti
• Traffic related issues in The Canopy and along Longueville Road
• Sportsfield lighting during for regular park users
• Some information/documents on the website are dated
• Concession rates for small business (fees and charges)
• Major Projects costs and funding sources

The officers report also notes:

“During the public exhibition period, a number of matters have come to light that require consideration as part of finalising the 2023/24 Budget;

1. Council received notice that the Emergency Service Levy (ESL) was to increase by $227k (compared to 2022/23) and that no offsetting subsidy would be offered to Council. This has resulted in a $227k decrease in Council’s operating result for 2023/24;
2. Council received notice the NSW Local Government (State) Award (salaries and wages payable for all Award based staff) would increase by 4.5%. Council had budgeted for an increase of 4.0%. This has resulted in a $103k decrease in Council’s operating result for 2023/24.
3. The legal expenses budget has been reviewed in light of current legal matters and the costs associated with same. The 2023/24 Budget will need to be increased by $150k to accommodate the likely legal costs associated with defending Council’s position on various issues including development related matters.

Incorporating the budget adjustments above, Council’s revised operating result before capital grants and contributions was then forecast to be a deficit of $402k for 2023/24 (down from an operating surplus of $78k).

It is recommended that the following budget adjustments be made to bring Council’s operating result back into a surplus position:

1. The inclusion of a salaries and wages vacancy discount factor of 2.0% which recognises that salary savings will inevitably accrue whilst ever there are staff vacancies and during periods of staff turnover (the period between staff departure and staff replacement). The inclusion of a salaries and wages vacancy discount factor provides a realistic budget frame and would yield a salaries saving estimate of approximately $435k in 2023/24.
2. Estimated income from Section 10.7 (Planning) Certificates has been revised from $100k to $140k based on actual income received during 2021/22 and year to date income received during 2022/23. This income increase will yield an additional $40k in 2023/24.

By incorporating these two proposed adjustments, Council’s operating result for 2023/24 would be a surplus of $73k.”

When the Budget was displayed for public comment, the surplus was $78K

Council Committees and Working Parties Recommendation 

This Report brings to Council recommendations regarding changes to the following Committee Charters:

• Age-Friendly Lane Cove Advisory Committee
• Access and Inclusion Committee
• Public Art Advisory Committee

And the establishment of two new Working Groups

• Youth Advisory Group
• Theatre Space Planning Reference Group

The primary objectives of the Youth Advisory Group are to:

• represent the opinions and aspirations of young people at a Local Government level and advocate on their behalf.
• work with the community to encourage and create youth participation and engagement opportunities and develop local initiatives for young people.
• provide advice and recommendations to Council on issues affecting young people in the Lane Cove Council area.
• assist in raising awareness and increase positive promotion of young people in the Lane Cove community.

2023 Local Government NSW Conference Motions, Voting Delegates and Attendance Recommendation  

Lane Cove Council has received correspondence from Local Government NSW concerning their 2023 Annual Conference. In preparation for their Conference, Local Government NSW has asked all councils to consider the key issues affecting their communities. These issues will be discussed and debated during the business sessions of the Conference. This report recommends that Council consider the primary issues affecting the Lane Cove community, submit motions for debate and endorse the delegates including the three (3) voting delegates for the motions at the Conference.

Local Government Remuneration Tribunal Annual Report and Determination – Councillor Fees Recommendation 

That Council determine the following annual fees to be paid for the 2023/24 financial year, commencing 1 July 2023:-

1. Mayor: $47,390 (in addition to the Councillors fee); and
2. Councillors: $21,730.

These are the maximum fees allowed to be paid.

Officer Reports for Information

Council Snapshot May 2023 Recommendation    

Lane Cove Council publishes a monthly snapshot, which sets out what has been happening over the month, from development applications, parking fines, waste and landfill reduction reports, and reports on upcoming footpath maintenance.