Lane Cove Council October 2023 Meeting

The Lane Cove Council August 2023 Meeting will be held on Thursday, 19 September 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 – Delegated Authority for the Resurfacing of Bob Campbell Oval and Associated Facilities Recommendation   

This delegated authority is to allow the General Manager to progress the completion of the Bob Campbel Master Plan.

Mayoral Minute – Future of Car Free Sunday Recommendation

The Mayor Scott Bennison is proposing the following:

That Council not conduct the same event next year, and instead conduct Car Free Sunday on the same day as the Village Fair, and promote that visitors to the Fair use public transport or ride their bike, as a positive measure.

ITC NOTE:  This motion has been proposed without a formal report from council.  The Mayor noted that the Big Family Bike Ride start was relocated to Longueville Road and this was not necessary.  This is incorrect.  The start was in the same location as other years, Cameraygal Park.  However a new event was staged where family and friends could ride along Longueville Road.

Notices of Motion

Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principles Recommendation    

Councillors Kennedy and Bryla are proposing the following:

A motion seeking to take action to implement the Kinesis recommendations for water use as well as investigate stormwater utilisation options and implementation of water sensitive urban design practices, to reduce our water use and stormwater damage to our waterways.

The proposed resolution is as follows:

That Council: –

1.  Note that Australia has now officially entered El Nino conditions which can intensify heat waves, increase the severity of bushfires, and contribute to drought conditions. The influence of El Niño is primarily felt in eastern Australia, resulting in warmer-than-usual temperatures and reduced rainfall;
2.  Liaise with Kenesis to gain a deeper understanding on what they think would be workable options for recycling of water in the Lane Cove LGA;
3. Investigate:
   1. recycled and grey water opportunities in our community, to aid in building water resilience in our LGA, for example;
   2. sporting facilities that have showers, hand basins
   3. Kindy Cove potential for grey water use from washing machine
   4. residential greywater use
4. Urban sensitive design principles (in addition to methods already undertaken) such as stormwater infiltration systems to reduce the volume of runoff into our waterways
5.  Receive a presentation at the next Corporate Planning weekend on the opportunities identified and a pathway forward on how these opportunities could be implemented.
6.  Investigate new communication strategies to educate and promote within the Lane Cove community in regard to how we can help to keep our waterways clean.

Notice of Motion – Lane Cove Gallery Shelter Structure Recommendation

Councillor Kennedy is proposing a shelter structure on the large outdoor balcony off the gallery floor on level 3.

Councillor Kennedy notes the outdoor (rooftop) area of Gallery Lane Cove is useful in its provision of a varied experience for visitors and to accommodate overflow space when events are heavily attended. However, the lack of shelter from sun or rain is a barrier to full enjoyment and usage of the space. It’s important that council owned facilities are utilised to their full potential for a wider demographic.

This motion aligns strategically with the priorities and goals of our ‘Create Lane Cove Cultural Plan’

The following resolution is recommended

That Council:-

1. Investigate and report back to a Council meeting, the design options, approximate costs, and other practical considerations that would be involved in constructing a shelter structure, providing shelter from sun or rain to allow full enjoyment and usage of the space including but not limited to:

• Rest areas for visitors.
• Facilities for students to use in breaks in the midst of classes and workshops.
• Opportunities for social functions, e.g. Summer nights, Friday drinks at the gallery.
• Curated pop-up food and beverage events, in partnership with local businesses.
• Curated artisan & craft events.

2. Consider the implementation of this in the 2024 (or 2025 at the latest) Delivery and Operational Program;
3. Carry out the investigation in consultation with Management at Gallery Lane Cove and other relevant parties

Notice of Motion – Climate Summit Report and Climate Emergency Strategy Recommendation 

Councillors Kennedy and Bryla attended Cities Power Partnership Climate Summit.

They are proposing a motion to note the key takeaways from the Summit and to research and investigate steps towards creating a culture within the council that considers Environmental Sustainability and our declared Climate Emergency as a priority in every decision-making process.

The councillors noted several key issues were addressed, including but not limited to;

• Climate Risks in Council Operations-  the many considerations councils should take into account surrounding public infrastructure, private infrastructure, and the legal implications of addressing both;
• electrification’s crucial role in a sustainable future, highlighting the benefits and opportunities it offers councils;
• how Incorporating climate decisions across council operations can alleviate risk, save money and set communities up for the future;
• How Indigenous and Western knowledge can combine to inform stronger, more resilient and impactful climate strategies;
• how all three levels of government can effectively work together for stronger climate action, and the important role local government can play;
• How Local Governments can help in the shift to cleaner transport;
• How emissions modelling in the Climate Council’s latest report “Shifting Gear – A Pathway to Cleaner Transport,” reveals that by the end of this decade, we must reduce car trips by over half, increase public transport trips by 3.5 times, and promote active modes of transportation threefold.

Out of this summit, several strategic actions have been identified.  The full report can be read below.

Councillor Report – Cities Power Partnership Climate Summit – September 2023

The following resolution has been proposed:

That Council:

1. Note the contents of the key takeaways report and associated PowerPoint presentations by speakers at the recent Cities Power Partnership Climate Summit for Local Government 2023, presented by Councillor Bryla and Kennedy.
2. Draft an overarching extra section, for consideration as an amendment to the Lane Cove Community Strategic Plan- Liveable Lane Cove (2035) for review at the 2024 Corporate Planning weekend with the aim to be included in the Next CSP review, and that these words outline how Lane Cove Council will strategically address our commitment on the Climate Emergency declaration as an overarching principle, guiding all Council goals and decision-making processes within each of the CSP themes, to meet our Climate Emergency Goals and for this section/paragraph to include but not be limited Council stating it’s intent of leadership to  act on the climate emergency declaration on all themes in our CSP.
3. Research and investigate steps towards creating a culture within the council that considers Environmental sustainability and our declared Climate Emergency as a priority in every decision-making process, for example;
4. Reach out to Darebin Council to understand how they have changed the culture within their organisation to prioritise the Climate Emergency;
5. Utilise the Climate Council resources and experts to educate key staff, councillors and executives, via ‘Lunch and Learn’ and other initiatives;
6. Explore ways that ensure that the decision-making process of every motion or report to council is considered within the context of;
7. Environmental Sustainability (including Climate Emergency);
8. Equity, Inclusion, Wellbeing and Human Rights;
9. Economic and Cultural Development;
10. Operational/Budget Impacts (noting that value for money is more than the price paid);
11. Legal and Risk Implications
12. Commit to putting staff/Lane Cove Council forward for the next Cities Power Partnership awards.

Officer Reports for Determination

Consultation Results for Closure of Canberra Avenue Recommendation    

As per the July 2023 Council resolution, community consultation was undertaken for the partial closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park.

The report also considers the proposal in the strategic context of Council’s St Leonards South Planning Proposal and Crows Nest 2036 plan and concludes that integration of road space into Newlands Park supports Council’s vision to create a high-amenity urban residential precinct near the existing St Leonards Rail and future Crows Nest Sydney Metro Stations, while providing community infrastructure, public open space and pedestrian networks.

Further to this, the St Leonards South facilities Matrix approved in October 2020 as part of the St Leonards South Landscape Master Plan depicts the required and desirable facilities to be included in a park. desirable facilities such as toilets, multipurpose courts and fitness stations which further enhance amenity and social wellbeing require additional space.

From the consultation, Council identified two key themes, Traffic & Parking and Open Space. A breakdown of these key themes has been addressed in the report.

While some existing residents may view the closure as a potential loss or disadvantage in terms of traffic, the benefits of providing additional open space far outweigh the issues identified by respondents.

The closure of Canberra Avenue is an opportunity to maximise open space and will be a part of a well-planned network of parks which will benefit current and future residents of St Leonards south alike.

The officer’s report recommends the part closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park.

The impacted residents do not agree with the Council’s report and the following issues have been raised:

Open Space

The Council report references the community demand for open space in the precinct.  The council has not provided any evidence or statistics on the use of the existing Newlands Park.

The plan seeks to justify an increase in the area of Newlands Park in order to provide amenities in the park, such as fitness equipment, basketball hoops etc, that the Council believes will increase usage.

St Leonards residents already have access to these facilities in Wadangarri Park and Gore Hill Oval and wil have use of similar features in a new park running between Park and Berry.  Residents want passive green space, and the existing park is sufficient in this regard.

Traffic

Council has dismissed the communities traffic concerns which are not just a question of volume but also afety due to an inappropriately located intersection of Duntroon and River.

Residents want to know if Transport for NSW has been consulted and if the proposal has been reviewed by the Lane Cove Council’s Traffic Committee.

14 Gay St – Results of Investigations and Options for Future Use Recommendation   

14 Gay Street, Lot A DP 360196 was acquired by Council in March 2023 the property was then classified as Operational Land to allow Council time to determine the most appropriate use for the site.

To determine the most appropriate uses for the property Council engaged a number of consultants to provide professional assessments. It has been determined that there is a suitable tree sensitive building footprint on the top portion of the site and that the existing building should be demolished.

The officer’s report is recommending the community now be consulted on three options for the property:

1)   Sub-divide the property into 2 lots with the rear portion of the site being zoned as Bushland and the front portion of the site being zoned as residential land with a best practice sustainable demonstration dwelling that would ultimately be sold to offset the land acquisition cost.

2)   Sub-divide the property into 2 lots with the rear portion of the site being zoned as Bushland and the front portion of the site being zoned as residential land with two ‘micro houses’ (dual occupancy) that can be used permanently as affordable housing.

3)   The entire lot is zoned as Bushland.

Background

Lane Cove Council purchased a 2,801 square meter block to bolster its bushland portfolio.  The block is located at 14 Gay Street, Lane Cove North, and was purchased as part of the Council’s Bushland Expansion Program and connects to the existing Stringybark Creek Reserve.  The property includes mature trees, such as Sydney Blue Gums, Sydney Red Gums, Blackbutts, and Turpentines.  The property backs onto the Harry Howard bushwalk area – read our article here.

The land is currently in a residential zone with an Environmental Protection Layer.

Proposed Sale of Drainage Reserve- Morrice Street and Tambourine Bay Road Recommendation   

Following enquiries by residents, the Council wrote to the property owners of 1-61 Morrice Street and 22-50 Tambourine Bay Road, seeking their Expression of Interest to purchase part of the Drainage Reserve (the Reserve) which runs at the rear of their properties (Lot 165 DP 656253).

The Reserve measures approximately 411m2 and is 2m wide. Council has identified boundary irregularities in properties abutting the site whereby Council’s land has been incorporated without consent into a property for the owner’s exclusive use, this report seeks a determination as to how Council can reinstate boundaries in a fair and equitable manner.

Available options include:-

1. Property owners purchase a part of the Reserve to the rear of their property;
2. Council issue a licence for occupancy of part the of the Reserve to the rear of their property;
3. Council issue notices to vacate the Reserve and re-establish boundary fences;

The Office’s Report recommends that subject to a minimum of 50% of the relevant owners agreeing to purchase the  Reserve, the Council proceed with the sale of the land and should the minimum 50% threshold not be achieved, the Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership.

Background

The Council-owned reserve is classified as Operational Land that was created to provide access for and / or upgrade of existing underground drainage services to the properties at 1-61 Morrice Street and 22-50 Tambourine Bay Road. Ultimately. The drainage reserve was ultimately not utilised and is surplus to Council’s requirements.

Commencing  in 2021, Council received unsolicited proposals to purchase the part of the Reserve at the rear of a number of properties.

Consequently, and prior to any further consideration, Council sought to understand the broader level of interest amongst the property owners abutting the reserve by inviting

Expressions of Interest for the land. Council received 22 yes responses from a total of 30, noting the number of property owners engaged was 46.

As part of the EOI documentation, to provide some idea of price pending a formal land valuation, Council estimated the market value of developable land at $4,000m2 against which Council would offer the purchaser a 50% discount to “market”, in light of its restricted development potential. Costs for the surveying and legal costs were estimated at $5000, and would be in addition to the land purchase price.

Council has received a total of 22 yes responses, some of which are what can be described as a “competing interest”, in that the rear- neighbouring property owner also expressed an interest in acquiring the same part of the Reserve.

Blackman Park Synthetic Sports Field Replacement Recommendation   

At the September 2023 Council Meeting it was resolved to commence the process for the replacement of the two Blackman Park synthetic fields immediately and a report be submitted to the next Council Meeting on the program and funding options for completion in the current 23/24 financial year.

The Office’s report provides a delivery program that can deliver the project in the 2023/24 financial year and confirms that Council has sufficient uncommitted funds in the Capital Works Reserve to complete the project.

It is proposed to split the project into two separate contracts. The first contract will be to remove and recycle the existing surface and the second contract will be to install a new best practice synthetic surface.

The proposed program for the delivery is tabled below; from specifications through to awarding contracts and estimated completion of works.

Table 1. Proposed program for the delivery from 10 October 2023

As reported in the September Council Meeting the project is estimated to cost in the vicinity of $2.4M. To allow for a small contingency it is recommended to provide $2.5M for the project.

Funding for the synthetic resurfacing of Blackman Park is recommended to be sourced from Council’s Capital Works Reserve, which was the intended funding source for the original timeframe of the 2024/25 budget. This Reserve has sufficient uncommitted funds available to complete these works during the 2023/24 financial year.

The program provides an indication of 26 weeks to complete the project to resurface the Blackman Park synthetic fields and Council has sufficient uncommitted funds in the Capital Works Reserve to commit $2.5M to complete the project in the 2023/24 financial year.

Traffic Committee – September 2023 Recommendation   

Bay Street Greenwich

Council has a received a submission from the Greenwich Flying Squadron (GFS) to consider the installation of the following. • An accessible parking space in Bay Street to assist the community visiting Bayview Park, Bay Street Wharf and GFS • Alter existing ‘No Stopping’ zone to ‘No Parking’ zone until 11:00 am on the garbage collection days or ‘No Stopping’ zone and ‘No Parking’ zone (2pm-10pm, Wednesdays)

Burns Bay Road near Poolwerx

Council is proposing to alter the existing ‘2-hour Parking’ zone (8:30am-6pm; Mon-Fri; 8:30am12:30pm; Sat) to ‘Loading’ zone (7am-9am; Mon-Fri); and ‘30 min Parking’ zone (9am-6pm; MonFri; 8:30am-12;30pm; Sat) on the south side of Burns Bay Road east of Ross Smith Road. This proposal is to facilitate the loading of goods to Poolwerx and to provide better parking turnover to customers.

Kenneth Street near Lane Cove Tennis Club and The Diddy

Council is proposing to alter the existing ‘2-hour Parking’ zone (8:30am-6pm; Mon-Fri) to ‘30min Parking’ Zone (8:30am-6pm; Mon-Sun) on the westside of Kenneth Street at Northwood Road, Longueville. The proposal is to provide a better parking turnover to a proposed coffee shop in Kenneth Street.

Blackman Park Skate Park Demolition and Construction Recommendation    

Council called for tenders in accordance with Council’s Tender and Quotation Procedure for the demolition and construction of a new skate park at Blackman Park, Lane Cove West. This report provides details on the tender process conducted and recommends that the tender from Convic Pty Ltd be accepted.

As the tendered sum of $1.039M is greater than the adopted budget of $1M for the project, the General Manager was unable to exercise delegated authority to accept the tender. To address this, in addition to the Council awarding the tender it is further recommended that a budget increase of $150,000 be approved, to be funded from the Capital Works Reserve, which has sufficient funds for this purpose.

Blackman Park Skatepark design

Council Policies Review Recommendation    Mnute

The Officer’s report recommends readoption, of the following policies as part of the first tranche of policies that will be reviewed over the balance of the Council term:

• Equal Employment Opportunity Policy
• Health and Safety Policy
• Events Management Policy
• Financial Hardship Policy

Annual Financial Statements – Year Ended 30 June 2023 Recommendation   

Following completion of the annual external audit, Council’s Annual Financial Statements for the year ended 30 June 2023 are presented to Council for adoption and subsequent lodgement with the Office of Local Government by 31 October 2023. It is recommended that Council adopt the Annual Financial Statements and invite the Audit Office of NSW and auditors Grant Thornton Australia to attend the next Council meeting in November 2023 to present the Auditors Report.

• • 2022/23 Annual Financial Statements
  • Statement by Councillors and Management – Annual Financial Statements

Additional 2023 Local Government NSW Conference Voting Delegate for Motions Recommendation   

At the Lane Cove Council September meeting, three voting delegates were nominated for motions before the 2023 LGNSW Annual Conference – Councillors Bennison, Roenfeldt and Flood.

Lane Cove Council has now been advised based on a recalculation of voting rights, that our number of voting delegates for the motions has changed from 3 to 4, but Council’s voting rights for the LGNSW board elections remains at 3 voting delegates.

Council has until the 27th of October to nominate the 4th delegate. It is recommended that Council nominate an additional Councillor as a voting delegate for motions only.

Pecuniary Interest Returns 2023 Recommendation    

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

Officer Reports for Information

Council Snapshot September 2023    

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.