Lane Cove Council August 2023 Meeting

The Lane Cove Council August 2023 Meeting will be held on Thursday, 24 August 2023.

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.

Listed below are the agenda items for the meeting.

Mayoral Minutes

Mayoral Minute – Update On Meetings With New NSW Government Ministers Recommendation

Mayor Andrew Zbik has met with the following:

The Hon Penny Sharpe MLC – NSW Minister for Climate Change, Energy, the Environment and Heritage – Meeting held on 27th July 2023 with Deputy Chief of Staff.

The Hon Paul Scully MLA – NSW Minister for Planning and Public Spaces – Meeting held on 11th August 2023 with the Minister’s Deputy Chief of Staff and the General Manager.

The Hon Jo Haylen MLA – NSW Minister for Transport. Meeting held on 20th July 2023 with representatives of Minister Haylen and Transport for NSW.

The Hon Ron Hoenig MLA – NSW Minister for Local Government – Meeting held on 5th July 2023 with Minister Hoenig and staff from Office of Local Government.

Mayoral Minute – Idling of Private Buses Causing Excessive Air Pollution Recommendation

It has been brought to the Mayor’s attention from a Lane Cove resident that private buses (in particular buses picking up school students for private schools) are parking in Lane Cove and idling for at least 10 to 15 minutes before leaving (without students) to commence their pickups in the Lane Cove Area.

There are signs throughout the Lane Cove Area that request buses operated under contract from Transport for NSW turn off their engines if they are parked for more than 2 minutes.  The same request should be made for private buses operating in the Lane Cove Council Area.

The Mayor is seeking Council’s support to hat Council write a Letter to the Secondary Schools offering transport to school in the Lane Cove Council area and request their drivers adhere to the same requirement as buses operating under contract with Transport for NSW – namely that they turn off their engines while stationary.

Notices of Motion

Notice of Motion – Report into Proposed Free Period Product Trial Recommendation

Councilor Flood has tabled a notice of motion seeking to ascertain the cost and feasibility for the 2024/2025 budget year to include a proposed trial of free period products in a limited number of facilities and buildings run and managed by Lane Cove Council.

Period poverty describes the effect of those who menstruate missing out on community engagement and educational opportunities because of being unable to afford or ask for menstrual products.

Governments at many levels are taking action to address this inequality. Free menstrual products are supplied in Scotland (all public buildings, under Scottish legislation), New Zealand (schools), and Victoria (schools). The NSW Department of Education is trialling a school program in 2021. Melbourne City Council agreed in April 2021 to fund a year-long pilot program to make sanitary products available in public change rooms, recreation centres, swimming pools, community centres and libraries. In December last year, Inner West Council moved to introduce free period products in their council-run facilities.

Councillor Flood is recommending council receive a report from Council Officers on a pilot program of supplying free period products in Council-run libraries, pools, community centres, sporting ground change rooms, and highly utilised public toilets. The report includes an assessment of the need for the service, the potential benefits, and the approximate cost for the 2024/2025 FY budget. Relevant community organisations, health services, schools, and sports clubs would be notified about the pilot.

Notice of Motion – Motion for LGNSW Conference Regarding LGNSW Conference LocationsRecommendation

Councillor Flood has tabled a Notice of Motion requesting Lane Cove Council submit a motion to the 2023 LGNSW Annual Conference in regard to the locations where their Conferences are held.

This year’s LGNSW Conference is to be held at Rosehill Racecourse. Previous Western Sydney-based conferences have also been held at racing venues.

Councillor Flood notes that LGNSW must provide suitable venues for conferences and events. It is equally vital that we uphold ethical considerations and avoid potential harm to our community members. Racing venues, including race clubs and tracks, are primarily associated with gambling activities, which can lead to a range of social and economic problems. Hosting council events at these venues can inadvertently contribute to normalising gambling behaviour and exposing attendees to a potentially harmful environment.

Councillor Flood is asking the council to table a motion at the LGNSW annual conference asking them to Introduce a policy that ensures racing venues are not chosen for conferences, and LGNSW events will help address these concerns. LGNSW should seek venues that align with community values and contribute positively to the social fabric of our community.

Notice of Motion – Report Into Council’s Potential Liability for Defects in the Improvements at 266 Longueville Road Recommendation

Councillor Merri Southwood has tabled a Notice of Motion asking for the Council to receive a report outlining the Council’s potential liability under Section 33 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 as a developer of the improvements to be constructed at 266 Longueville Road.

Section 33 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (the Act) grants to the Secretary of the Department of Customer Service the power to issue building work rectification orders if the Secretary has a reasonable belief that building work was or is being carried out in a way that could result in a serious defect in a residential apartment building or that a residential apartment building has a serious defect.

Section 4 of the Act defines a developer as:-

1. the person who contracted or arranged for, or facilitated or otherwise caused, (whether directly or indirectly) the building work to be carried out,
2. if the building work is the erection or construction of a building or part of a building–the owner of the land on which the building work is carried out at the time the building work is carried out,
3. the principal contractor for the building work within the meaning of the Environmental Planning and Assessment Act 1979 ,
4. in relation to building work for a strata scheme–the developer of the strata scheme within the meaning of the Strata Schemes Management Act 2015 ,
5. any other person prescribed by the regulations for the purposes of this definition.

Section 3 of the Act states that “residential apartment building” means a class 2 building within the meaning of the Building Code of Australia, and includes any building containing a part that is classified as a class 2 component but does not include any building or part of a building excluded from this definition by the regulations.

Council is the owner of the land known as 266 Longueville Road.

Council, as owner, has granted a 99-year lease over the land contained in Folio identifiers 1/321353 and 1/1227921, being part of the land known as 266 Longueville Road, to Longueville The Village Pty Ltd (LTV) as trustee for Longueville The Village Unit Trust (LTVT).

Clause 12.2 of the lease permits LTV to carry out works at 266 Longueville Road.

Clause 24 of the lease states as follows:-

Limitation of Liability

The Landlord acknowledges and agrees that:

• the Tenant enters into this lease in its personal capacity only until the commencement of the Trust, at which time the Landlord agrees that the Tenant will be taken to be party to this deed only in its capacity as trustee of the Trust;
• subject to clauses 24(a)(i) and 24(c), the Tenant is not liable to pay or satisfy any of its obligations under this lease and has no liability to the Landlord except to the extent of the Tenant’s right of indemnity out of the assets of the Trust; and
  if those assets are insufficient, the Landlord (subject to clause 24(c)) may not seek to recover any shortfall by bringing proceedings against the Tenant personally and may not seek the appointment of a liquidator, administrator, receiver, or similar person to the Tenant or to prove in any liquidation, administration, or arrangement of or affecting the Tenant.

Subject to clauses 24(a)(i) and 24(c), the Landlord waives its rights and releases the Tenant from any personal liability whatsoever in respect of any loss or damage which cannot be paid or satisfied out of the assets of the Trust.

The Tenant is liable personally and is not released to the extent that liability under this lease arises out of the Tenant’s own fraud, negligence, breach of trust or breach of duty, which disentitles it from any indemnity out of the assets of the Trust in relation to the relevant liability.

Notwithstanding any of the provisions of this lease, the liability of the tenant is limited by the provisions of this clause 24. If there is any inconsistency with any other provision of this lease, this clause 24 is paramount.

The agenda papers include a note from the General Manager as follows:

This Notice of Motion is addressed by the response provided in relation to the Question with Notice from Councillor Kennedy included in the Business Paper.

ITC Note:  It is ITC’s view that the General Manager has not addressed the issues raised by Councillor Southwood.  The General Manager has noted that the development is not a strata complex.  Any resident living in an apartment with defects can raise the issue with the Department of Fair Trading and ask them to investigate.

The lessee is a trustee of a trust.  The company is a trustee of a unit trust.  It was incorporated on 28 March 2022.  At a Lane Cove Council meeting, councillors were advised that due diligence was undertaken on the Pathways Group before the assignment.  The Pathways Group is not the lessee.  There is no evidence of a guarantee from a member of the Pathways Group guaranteeing the lessee’s obligations under the lease.  The trustee warranties under the lease do not include the usual trustee warranties required by a lessor.

Officer Reports for Determination

Strategy for Acquisition of Properties in St Leonards South for Open Space and Sale of the Closed Section of Berry LaneRecommendation

This report outlines the strategy for the commencement of the acquisition of properties for the creation of the new park in St Leonards South. It also seeks authorisation for the disposal of the closed section of Berry Lane via a land swap with the owner of Area 22 and part sale to the owner of Area 23, as proposed in Council’s Development Control Plan for the precinct. It is recommended that Council commence the voluntary acquisition process initially with circa $18 million available and accept a unit to the value of $1.2M to provide affordable/key worker housing, bringing the total in the precinct to 44 units.

To achieve this outcome, Council adopted the St Leonard South Section 7.11 Development Contributions Plan (s7.11 plan), which provided for the acquisition of the land and subsequent development as a park.

As several developments have now been approved, with the first one having commenced construction and others soon to follow, funding will now become available to commence the voluntary acquisition of the properties. Given that the total funding required to acquire the properties is circa $36,000,000, it will take some time to acquire them.

Council has indicated to the affected residents that its preference is to voluntarily acquire the properties as funding becomes available rather than wait until all funding is received and acquire all the properties at once. To allow the process to commence, this report outlines a strategy for the acquisition process.

In a related matter, the Council at its meeting of 23 March 2023, resolved to partially close the southern end of Berry Lane to facilitate the development of Areas 22 and 23 in the precinct. Council has now obtained a title for the land and reached an agreement for part land swap and part sale of the property with the owner of areas 22 and 23, JQZ Twelve Pty Limited ACN 169453196 as trustee for JQZ Twelve Unit Trust.

Council, by October 2023, will reach a stage in the St Leonards South Precinct where it is able to proceed with the acquisition of the first properties to ultimately be used for the new 3,500 sqm park to service the precinct.

As funding is not available to proceed with all properties currently, it is proposed that Council adopt a strategy of acquiring properties from the outer edge of the group of properties being acquired inwards, to provide a buffer for the remaining houses to current and future developments. It is also proposed to proceed with the part land swap / part sale of the southern part of Berry Lane to the owner of Areas 22 and 23 at a value of $1.196 million, which will take the form of the dedication to Council of an apartment to that value for use as key worker/affordable housing

Community Renewables Program – Procurement EvaluationRecommendation

The Shine Hub proposal offers Lane Cove residents the opportunity to purchase at an exclusive price the following products:-

• rooftop solar panels
• batteries
• solar and battery packages

This includes appropriate finance packages to reduce the residents’ upfront costs.

Shine Hub’s offer includes the ability for residents to participate in a Virtual Power Plant {VPP}. This involves a controlled operation of their battery to support the grid and provides financial returns for the resident.

Shine Hub will provide community engagement and education around their offer in partnership with Council.

Council’s Evaluation Report, the Sourced Energy Report, Financial and Legal Due Diligence Reports have been circulated separately to Councillors.

It is noted that Shine Hub recorded the highest score across almost all the weighted criteria and positive reference checks were received about the quality and reliability of their work. Independent Advisors also concurred with the Evaluation Committee’s assessment. The Evaluation Committee recommends that Council collaborate with Shine Hub to deliver the Community Renewables Program and the General Manager be authorised to enter into Heads of Agreement and subsequent Deed with Shine Hub.

Emissions and Water Use Targets Review Recommendation

Following the declaration of a Climate Emergency in 2019, Council set the following energy emissions and water use targets in March 2020:

• An 80% reduction in emissions by 2036 (FY16/17 emissions baseline); and
• No net increase in water use by 2036 (FY16/17 emissions baseline)

An interim emissions reduction target of 20% reduction in emissions by 2024 was later adopted in February 2021.

At the Council meeting of April 20, 2023 Councillor Flood and Councillor Kennedy put forward a Notice of Motion on the 2023 IPCC Report and Climate Action in Lane Cove, which included the recommendation that Council;

“Produce a report reviewing the emissions reduction targets set within our Climate Action Plan and identifying how these targets could be increased or brought forward in light of the clear need for urgent action. The report should include elements such as proposed programs, incentivization schemes, costs (including staffing) and other processes to increase the rate of reduction of greenhouse gases in our LGA. This report should come back to Council no later than October 2023.”

This report summarises the findings of analysis undertaken in late 2022 by Sustainability Consultants, Kinesis, to examine our progress towards meeting these targets and recent updates to our emissions data for the 2021/22 financial year.

The report from Kinesis noted that whilst Council has made great progress in reducing its own emissions, community wide emissions as at 2020/21 had only reduced by 3%. New data for the 2021/22 financial year provided on the Resilient Sydney platform demonstrates a significant improvement to these reductions, with an 11% decrease in emissions as at 2021/22.

The key recommendations from the Kinesis report are:

• Maintain the emissions targets of 80% reduction by 2036 from 2016/17 baseline;
• Introduce a second interim target of 55% emissions reduction by 2030 from 2016/17 baseline; and
• Maintain current water targets with annual monitoring to ensure relevance.

The report also notes that the outlook to reach the 2036 emissions target is positive, and that this target is expected to be met and may even be exceeded, but that the no net water gain target may be a challenge due to changing climatic conditions, an increasing population, and plateauing efficiency gains.

As outlined above, the key recommendations for emission and water use reductions from the Kinesis review were to;

• Accelerate the uptake of renewables
• Support the transition to Electric Vehicles
• Explore innovative solutions for food waste
• Consider recycled water as an alternate source where feasible

In order to map progress more effectively post 2024, Kinesis also recommended introducing a second interim target of a 55% emissions reduction by 2030. This target exceeds the State target of a 50% reduction in emissions against 2005 levels by 2030 (which is the equivalent of a 38.5% reduction against 2016/17 levels), and the Federal target of a 43% reduction against 2005 levels by 2030 (which is the equivalent of a 32% reduction against 2017 levels).

The Sustainability Advisory Committee have been briefed on the analysis and report outcomes and are supportive of Council including the new interim target within the next revision of the Sustainability Action Plan.

Council has made significant progress in reducing our own emissions, with efforts in the community sector also being realised. The continuation of programs to support our community in further reducing their emissions is critical in achieving our targets and will require the leverage of State and Federal programs and funding sources.

The inclusion of the 55% emissions reduction by 2030 target in the next revision of the Sustainability Action Plan provides an important road map for Council and the community. The new 2030 target, and the existing 2036 target, are expected to be achieved.  And whilst water use has decreased across Lane Cove, it is important to investigate and plan for recycled water opportunities, including in Council green spaces.

Annual Financial Statements for 2022/23 – Referral for Audit Recommendation 

That Council refers its 2022/23 financial accounts to external auditors for audit purposes, pursuant to section 413 of the Local Government Act 1993.

Lloyd Rees Memorial Youth Art Award – Request for Change of Name Recommendation

Council and Centrehouse Inc. continue to work together to ensure a successful Award event. As part of Council’s commitment in 2023 an amount of $10,000 was provided to Centrehouse Inc.to assist in the running of the Award with an amount of $8,000 being for the acquisitive first prize. This year the Award is scheduled to be held with entries now open. The exhibition of works entered for the Award will be held in December 2023 at Gallery Lane Cove.

Dr Rees made a significant contribution to the cultural life of Lane Cove, and it is important that this event continues to provide an opportunity for new and emerging artists. The change of name to the Lloyd Rees Emerging Artist Award will modernize the name and continue to celebrate his legacy.

Appointment of Community Representatives to the Theatre Space Planning Reference Group; the Age-Friendly Lane Cove Committee and the Public Art Committee.Recommendation

Council reviewed the nominations at the Council Selection Committee and have recommended that the following nominees be appointed to the Committees .

Theatre Space Planning Reference Group

The Theatre Space Planning Reference Group listed particular categories for the makeup of the Committee – the recommended nominees are listed in what would seem to be the most appropriate category although some nominees could fit into more than one category:

1. Two (2) members of the Lane Cove Theatre Company

Lochie Beh

Trent Gardiner

2. Two (2) community members with a background in the performing arts

Simon Kennedy

Simon is the only nominee for this category.  It is recommended that the Group be able to co-opt another member for this category during the planning process if a suitable candidate comes forward.

3. Two (2) community members from organisations that express interest in using the space.

Lyndall McNally

Laura McMenamin

4. Two (2) community members

Belinda Korner

Helen Smith

Lane Cove Age-Friendly Advisory Committee

There was only one nomination for an additional member of the Age-Friendly Committee.  The Committee is currently experiencing problems obtaining a quorum and it is recommended that Council readvertise the vacancies for this Committee.  It is further recommended that the current applicant be advertised that Council will do further advertising and that his nomination will be held over until further advertising has been undertaken.

Lane Cove Public Art Advisory Committee

There were no nominations for this Committee. It is recommended that Council readvertise for nominations for this Committee.

Traffic Committee – July 2023 Recommendation

CENTENNIAL AVENUE AT ELIZABETH PARADE, LANE COVE NORTH – INSTALLATION OF PEDESTRIAN REFUGE EXECUTIVE SUMMARY

Lane Cove Council is proposing to install a pedestrian refuge in Centennial Avenue at Elizabeth Parade to provide safe crossing opportunities for residents of the Mowbray Road precinct. The proposed refuge will provide access to bus services on Centennial Avenue and Stringybark Creek bushwalk.

All Traffic Committee voting members supported the recommendation.

The Traffic Engineer advised the committee that it is proposing to install raised threshold before the pedestrian refuge on both approaches to further reduce vehicle speeds approaching the pedestrian refuge on a downhill incline

The representative for TfNSW requested the final design be submitted to TfNSW for approval

Public consultation be undertaken with the affected residents prior to the installation of the refuge with the raised thresholds.

RIVERVIEW STREET FROM COONAH PARADE TO AMINYA PLACE, RIVERVIEW – ALTERATION OF NO PARKING ZONE (SAT 7AM TO 7PM) TO NO STOPPING ZONE (SAT 7AM TO 7PM) EXECUTIVE SUMMARY

Lane Cove Council is proposing to alter the existing ‘No Parking; Sat 7am to 7pm’ to ‘No Stopping; Sat 7am to 7pm’ zone to address the concerns raised by Busways. Busways have written to Council advising that the motorists illegally park in the “No Parking” zone on Saturdays, and this is preventing access for bus services.

KYONG STREET AND PARKLANDS AVENUE , LANECOVE – RELOCATION OF “2 HOUR PARKING” ZONE AND INSTALLATION OF “NO STOPPING” ZONE

Lane Cove Council is proposing to replace the “2-hour Parking” zone (8am-6pm: Permit Holders Excepted: Zone 02) with a “No Stopping” zone in front of No 5 Kyong Street to prevent illegal parking within the existing double solid lines (BB lines) at the curve of Kyong Street and Parklands Avenue.

CHISHOLM STREET BETWEEN WARDROP STREET AND GLENVIEW STREET, GREENWICH – PROPOSED PARKING RESTRICTION CHANGES EXECUTIVE SUMMARY

Lane Cove Council is proposing to install “4-hour Parking” Mon to Sun zone in Lincoln Street and Sirius Road (between Mars Road and Lincoln Street). The proposal is to prevent vehicle parking for longer periods (all day and weekends).

The purpose of the report is to seek approval to alter the existing ‘No Parking’ at School Zone Times and School Days to ‘15-minute; 7am to 10am & 2pm to 4:30pm; School Days’ parking along the western side of Chisholm Street between Wardrop Street and Glenview Street (across the frontage of Greenwich Public School).

The committee raised concerns of turnover of the parking bays and the potentially vehicles parking over the time limit of the posted signage which may cause inappropriate driving behaviour endangering other motorists and pedestrians.

The Committee advised that further discussions be undertaken with Greenwich Public School to discuss the other options, so that on street parking can be managed better.

The matter was deferred.

Fourth Quarter Review – 2022/23 Delivery Program and Operational Plan Recommendation

This report reviews the quarterly progress between 1 April and 30 June 2023 towards the goals and strategies adopted by Council in the 2022/23 Delivery Program and Operational Plan. It was recommended that the report be received and noted.

Outcome of the Negotiations for the Appointment of a Head Construction Contractor for the Lane Cove Sport and Recreation Facility Recommendation

The proposed Lane Cove Sports and Recreation Facility is to be an 8-court facility.  Lane Cove Council resolved that the total costs to develop the facility could not exceed $75 Million.

A tender document for the Construction was sent to an agreed list of tenderers. The tender closed in June 2023 and none of the tenderers submitted a cost to build that would enable the council to meet the $75 million project budget.

Lane Cove Council released the following statement:

“June 2023 – Delay to Early Works Construction Activities

Council engaged an Early Works contractor to begin demolition prior to 30 June 2023, pending receipt of pricing for the Head Contractor (Building Construction) being within budget on 26 June 2023. Upon receipt of the pricing, none of the tenders received were within the construction cost allowance for Stage 2, included within the overall $75 million project budget.

Council’s tender evaluation panel will continue to evaluate the tenders and produce a report with a strategy to move the project forward for the elected Council’s consideration in July 2023.

Based on this outcome, Stage 1 Early Works, which includes demolition and bulk earthworks will not commence before 30 June. The golf course and tennis courts will continue to operate unchanged at this time. ”

Lane Cove Council resolved in July 2023 to reject all the tender bids and enter into negotiations with ADCO Group Pty Ltd.  ADCO built The Canopy.

Lane Cove Council has concluded negotiations with ADCO Constructions and was successful in adjusting the construction contract component of the project to achieve Council’s overall $75 million project budget.

At the Lane Cove Council July meeting there were questions over which ADCO entity Council was intending to contract with. ADCO have agreed for Council to contract with ADCO Constructions P/L. Council has undertaken all its financial assessments on ADCO Constructions P/L which has deemed the contractor suitable for the project.

ADCO have (in writing) confirmed the final pricing for the construction component at $63.9M, with the changes agreed by AJ+C Architects and cost adjustments reviewed and agreed by Mitchell Brandtman.

The revised construction program anticipates completion of the works by August 2025, which accords with the Office of Sport Grant requirement for completion by the end of 2025. The requirement for the early delivery of the carpark and golf pro-shop areas to allow golfers to access the facility prior to the completion of the whole project remains.

An instruction has been issued to Rainbow Group P/L to commence Stage 1 Early Works.

The officer’s report confirmed that the following principles in the design development and cost reduction were adhered to:-

1. The facility spaces and capacity within the design be retained;
2. The design aesthetics of the building design be retained;
3. The project retain a sustainable building design that aligns with good practice design principles of local and international environmental standards as specified by consultants Steensen & Varming.

Officer Reports for Information

Council Snapshot July 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.