The Lane Cove Council February 2024 Meeting will be held on Thursday, 22nd February 2024. This is the first meeting of the year.
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.
A Zoom meeting link will be emailed to your nominated email address.
A time limit of three (3) minutes per public forum address applies.
Listed below are the agenda items for the meeting.
Notices of Motion
Notice of Motion – Waxcaps – Lane Cove Bushland Park Recommendation
Councillor David Brooks-Horn; Councillor Katherine Mort; Councillor Scott Bennison has tabled a notice of motion seeking a report from Lane Cove Council that details the current state of the habitat in Lane Cove Bushland Park across its North, Central, and South areas, outlining the measures implemented to preserve the waxcap habitat in these regions and to provide information on the quantity and species of waxcaps observed during the last fruiting season in these specified areas.
ITC NOTE: An interesting fact is that Lane Cove Bushland Park is the only park listed on the Register of the National Estate in Lane Cove! It’s full of fungi, plants and animals! It’s one of ITC’s favourite bushwalks – read more here.
Notice of Motion – Community Room Hire Fee Review Recommendation
Councillor Flood has tabled a notice of motion asking councillors
A motion to investigate the feasibility of offering a wholly discounted rate for community groups booking Lane Cove Council-managed rooms and function spaces.
Councillor Flood notes:
Currently, Lane Cove Council offers a discounted rate to eligible local community groups for bookings in Council venues. However, the fees and charges associated with booking venues can still be significant for local groups without a significant source of income.
We have many local groups in the Lane Cove area whose primary purpose is to help make our community a better place. To allow these groups to continue to thrive, and to remove a potential financial barrier to organising meetings and events in the LGA, Lane Cove Council should investigate including an entirely fee free option for eligible local community groups – with a new fee schedule to be included in the next Council budget.
Policies such as this are not new. In May 2018, the Inner West Council announced a policy allowing local community groups and non-profits to book council venues free of charge. Similarly, in 2021, the City of Sydney also announced a full fee waiver for local community groups booking rooms and function spaces in the LGA. To be eligible, they simply had to be a community group that operated in their area or benefited residents, workers, or visitors.
Local community groups help to make Lane Cove a better place, and Council should look at ways in which we can better support the vital work being done by these groups. One obvious way to help would be to offer council venues – spaces that ultimately belong to the community, free of charge.
| RECOMMENDATION
That:- 1. Council investigate the budget impact of offering a fee-free option for local community groups hiring council rooms and venues; 2. The General Manager reviews the eligibility criteria of other metropolitan councils, including Sydney and the Inner West, and develops eligibility criteria for our LGA. 3. The new fee-free hire option for community groups should be included in the presentation of the Draft 2024/25 Budget when workshopped with Councillors. |
Notice of Motion – Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes) Recommendation
Councillor Katherine Mort, Councillor Scott Bennison, and Councillor David Brooks-Horn have tabled a motion for the Lane Cove Council to actively engage in the advocacy of initiatives aimed at addressing public health concerns associated with vaping products.
The notice of motion background notes state:
“In recent years, the sale of E-cigarettes (vapes) has rapidly gained momentum. What might have originally gained popularity and support as a means of allowing smokers to “kick the habit” has been used to hide a much more sinister marketing campaign. Cheap, flavoured, disposable nicotine vaping products have flooded the market. Research in both Australia and the United States has shown that over 80% of E cigarettes sold as non-nicotine products contain nicotine. Children as young as 12 or 13 are trying vapes for the first time today and teenagers have clearly been a group targeted by the industry.
All over Sydney young people are buying these products with no difficulty and stores that sell them are only a short walk from the schools they attend daily.
Numerous sources list possible side effects of nicotine in young people as changes in brain development, impaired attention, learning and memory difficulties and an increase in anxiety, stress and depression.
However, nicotine is not the only substance found in E-cigarettes. Studies have demonstrated some contain cleaning products, nail polish remover, insect and weed killer and diacetyl. Without regulation there is nothing to stop any substances at all being added. These substances and toxins are inhaled straight to the terminal area of the lungs, the alveoli where gas exchange occurs and changes that lead to chronic lung damage may occur.
There are no safe E-cigarettes just like there are no safe tobacco based cigarettes.”
Fairly obviously recruiting younger customers can lead to a lifetime of sales. Nicotine is highly addictive and with it an associated increase in numerous health issues. Research shows vaping increases the of likelihood of smoking cigarettes threefold.
The Australian Government has been blindsided by an aggressive industry that seeks to undo decades of effective tobacco control and replace it with a new and more insidious alternative.
On the 1st January, 2024 new Federal Government legislation banned the importation of all disposable E-cigarettes. This is a good start but further restrictions are imperative and need to be legislated urgently.”
| RECOMMENDATION
That Council resolve –
1. Write to the NSW Planning Minister, Hon Mr Paul Scully advocating for:- • Banning the sale of all E-cigarettes (vapes) other than at a pharmacy within 500 metres of any school. • The introduction of a Positive Licensing Scheme requiring notification and registration of all commercial premises which sell cigarettes and vaping products 2. Write to the Federal Health Minister, the Honourable Mark Butler expressing Lane Cove Council’s strong support for new legislation banning the sale of all E-cigarettes and requesting the introduction of these bills to federal parliament as a matter of urgency. The anticipated legislative changes include:- • cessation of the personal importation of vapes • ban on the importation of non-therapeutic vapes (Commenced 1st January, 2024) • requirement for therapeutic vape importers and manufacturers to notify the Therapeutic Goods Administration of their product’s compliance with the relevant product standards • requirement for importers to obtain a licence and permit from the Australian Government’s Office of Drug Control before the products are imported. • possible legislation to prevent domestic manufacture, advertisement, supply and commercial possession of non-therapeutic and disposable single use vapes to ensure comprehensive controls on vapes across all levels of the supply chain. 3. Lane Cove Council request that anticipated legislative changes outlined in Point 2 not be delayed until later in the year or be postponed as other issues gain more traction. In addition, we request increased funding to state governments to allow them to maintain strong enforcement and compliance policing. 4. Write to our Local Federal Member Ms Kylea Tink requesting her support for all legislation restricting and banning the sale of all vaping products and E-cigarettes other than with prescription. 5. Lane Cove Council notes the role the Tobacco Industry plays in advocating for less restrictive legislation and to oppose the influence of industry lobbyists on decision making. |
Officer Reports for Information
New South Wales Planning Reforms Recommendation
Unlike other councils, Lane Cove Council has not presented any background papers or maps discussing these reforms. A community forum will be held on 20 February 2024. Lane Cove Council has said that following the Community Meeting on 20 February 2024, a late report will be presented for the Council’s consideration, including a draft submission.
Officer Reports for Information
Bob Oval Campbell Upgrade Tender Recommendation
This report reviews tenders for the appointment of a contractor to carry out the construction of the Bob Campbell Oval upgrade works.
Lane Cove Council called tenders in accordance with Council’s Tender and Quotation Procedure for the construction and installation of the natural turf field and surrounding park infrastructure at Bob Campbell Oval. The Request for Tenders to procure this work was made via Vendor Panel on 13 November 2023 and closed on 15 January 2024. Council received eight tenders, five were complete and conforming. The Tender Panel has determined that Landscape Solutions P/L is the preferred contractor to undertake the Bob Campbell Oval upgrade works.
All tenders exceed the available funds for this project by circa $3M. The project cost includes a substantial cost increase for the amenities building and the inclusion of two playgrounds. It is recommended that the Council not accept any tender and that the General Manager be given delegated authority to negotiate with the preferred tenderer to reduce the project costs and modify the design in relation to the amenities building and provision of an off-leash dog facility at the northern end of the reserve in lieu of a playground.
It is not uncommon for the General Manager to be appointed to negotiate a contract with a preferred tenderer when a project exceeds budget. However, what is interesting in this agenda item is that the council proposes to include an off-lead dog park instead of a playground. The Bob Campbell Oval working committee did not propose an off-lead dog park.
The Officer’s report notes:
“There are potential savings to be achieved in the new amenities and storage building. There are also savings in rationalising the two playgrounds within the plans. Specifically, it is proposed to modify the design to replace the playground at the northern end with an off-leash dog facility. This change will also require the modification of the southern playground area to cater for all age groups.
A specific off-leash dog facility is recommended, given the standard of turf field being constructed. The costs submitted for the natural turf sportsfield component are over $1M. In comparison, the Council spent $500k to upgrade two turf sportsfields at Blackman Park (B3 and B4) using a similar turf variety proposed and inclusive of drainage and irrigation.
Council has continued to receive correspondence from sporting clubs about the deteriorating turf sportsfields where dogs have dug holes, defecated on the fields, and left sticks. This is an ongoing issue that sporting clubs and the community are struggling to resolve. Maintaining the natural turf sportsfield to the highest standard consummate with the money that has been invested, whilst dogs are allowed off-leash on the field, will not be possible. In turn, Council will not be able to achieve the level of use required to meet the community’s demand for sportsfields, which was the primary goal of the project.”
Correspondence was sent to ARPANSA and ACMA as per the resolution of the 21 September 2023 Council Meeting, and copies of the responses received have been made available for the information of the Council and the community.
Click here to read the background to the 5G review and Lane Cove Council resolution to engage and independent assessor to measure exposure to Electro Magnetic Radiation.
Council officers are currently arranging an online presentation to residents through ARPANSA and are also seeking quotes to engage an independent assessor to measure exposure to Electro Magnetic Radiation
Lane Cove Council are being asked to vote on the following:
| RECOMMENDATION
That Council: 1. Receives and notes the correspondence received from ARPANSA and ACMA regarding 5G Cell Towers. 2. Notes that officers are currently arranging an online presentation to residents through ARPANSA and a date will be advertised on Council’s website shortly. 3. Notes that quotes have been received from independent assessors to measure exposure to Electro Magnetic Radiation. 4. Write to Ms Kylea Tink, Member for North Sydney, requesting her support and funding for the works proposed in Point 3.C |
ITC Note: What is the next step after an independent assessor measures the EMR? Local councils cannot request the removal of 5G towers on the basis of their own testing.
Wildlife Protection Areas Recommendation
The Lane Cove Council is proposing to list its bushland reserves (areas zoned as C2 under the Local Environment Plan) as Wildlife Protection Areas (WPA’s) under the NSW Companion Animals Act 1998 to manage the impact of cats in bushland. At the ordinary Council meeting of 20th July 2023 the proposal for WPA’s was endorsed for community consultation.
For background information on this proposal – read our article here.
The Officer’s report notes:
“Council recommends the declaration of WPA’s in all areas zoned C2 under the Local Environment Plan (bushland reserves). This action will contribute to regional wildlife conservation and the rewilding of lost fauna in the LGA, all while ensuring the safety of pet cats. Additionally, this declaration aims to establish greater regional consistency with other NSROC councils.
To assist cat owners in transitioning their cats to stay out of bushland areas, during the initial implementation Council would have no plans to trap cats as the preferred option is to educate the community and assist them in taking responsibility for their pets. It is recommended that Council develop a targeted education campaign for areas surrounding bushland reserves. Should trapping be implemented then a formal process will be developed with priority given to cats being reunited with their owners along with the use of No Kill Shelters.
By embracing WPAs, Council not only aligns itself with our regional counterparts but also makes a substantial contribution by creating protected habitats for vulnerable and endangered fauna species. This move reflects a commitment to regional conservation efforts and demonstrates a proactive approach to safeguarding our diverse wildlife.”
| RECOMMENDATION
That Council: 1. Declare its bushland reserves (areas zoned as C2 under the Local Environment Plan) as Wildlife Protection Areas under the NSW Companion Animals Act 1998 to prevent cats from entering these areas. 2. Develop a targeted education campaign for areas surrounding bushland reserves, to assist cat owners in transitioning their cats to stay out of bushland areas. 3. Council commit to, should trapping of cats be required, developing a formal process to prioritise reuniting the cats with their owners and the exclusive use of No Kill Shelters if reuniting is not possible. |
Community Consultation Results on the Draft Swimming Pool Program Recommendation
This report provides consideration of the results following consultation in relation to Council’s Draft Swimming Pool Inspection Program. Council approved the exhibition of the Draft Swimming Pool Inspection Program at its meeting of 7 December 2023. The consultation commenced on 19 December 2023 and concluded on 6 February 2024. The public were invited to provide their feedback on the draft program via written submissions. In addition to being promoted via Council’s social media and eNewsletters, notice of the exhibition was included in Council’s January In Focus newsletter which is distributed to ratepayers via the quarterly rate notice. Two (2) submissions were received during the public exhibition period. It is recommended that the Council adopt the Draft Swimming Pool Inspection Program.
The Officer’s report notes:
There were two submissions received. One in support and one against the draft program. A copy of each submission has been circulated to Councillors in a Confidential Memo.
“The submission against the draft program claims that it does not comply with the Act and Regulations. As stated in the December report the draft program meets the requirements as set out in the Swimming Pool Act providing a framework for the Council to provide the program. Council staff in developing the program reviewed multiple council programs and the proposed program is consistent with them. The legislation does not include mandatory regular inspections of all pools, only pools in “tourist and visitor accommodation or more than 2 dwellings” have a mandatory regular inspection regime, e.g. every three years. In relation to domestic swimming pools in dwelling houses, if mandatory inspections were the expectation of the NSW Government it would have mandated a regular inspection regime within the legislation, instead, the legislation limits mandatory inspections to, on lease or sale of a property when a compliance certificate is required. Also, a mechanism for councils to charge a fee to undertake such inspections would have been included in the legislation, currently a council can inspect upon application by the owner, a council cannot require a compliance inspection be undertaken at regular intervals.”
No changes are recommended to the program post the consultation, the document at AT-1 has been reformatted to improve its visual aesthetics.
Councillor and Staff Interaction Policy Update, Managing Psychosocial Hazards in the Workplace Procedure Information and Proposed Amendments to the Code of Meeting Practice Recommendation
The purpose of this agenda it is to provide the Council with:
- an update on the progress of the Draft Councillor and Staff Interaction Policy,
- an insight into relevant documents as they relate to Work, Health and Safety generally and Managing Psychosocial Hazards in the Workplace more specifically, and
- an outline of recommended amendments to the Council’s adopted Code of Meeting Practice.
Public Forum Changes
The Lane Cove Council’s Officer reported noted
“With the aim of ensuring Council Meetings are run in a more effective and efficient manner and have the mental wellbeing of Councillors and staff foremost in mind, a number of changes are proposed to how Council Meetings are conducted:- .
- Reinstating the need for Councillors and staff to stand when speaking to better manage the flow and order of debate/discussion during Council meetings;
- Including a provision that limits public speakers to only speak once about a subject/item that is not on the published business paper agenda; and
- Move the Public Forum segment to another evening, separate from the Council Meeting (recommended to be the Monday evening before the Ordinary Council Meeting), to allow Council sufficient time for Council to transact business as outlined in the published agenda. In recent council meetings there has been considerable time dedicated to the public forum and the debate generally which had seen meetings finishing after the 11:00pm mandated finish time. In most cases this included the bulk adoption of items which is not ideal in terms of Council wishing to adequately consider each matter. By separating the meeting and forum, adequate time will be available for both the Public Forum and the Council Meeting. Ku-ring-gai Council conduct their Council Meeting Public Forum on a separate day from their actual Ordinary Council Meeting.
To give effect to items 1 and 2 above Council will need to amend the Code of Meeting Practice while item 3 can be implemented simply by a resolution of Council, as the Code of Meeting Practice is not prescriptive.
ITC Note: This is a major change to how Lane Cove Council meetings are run. Having the public forum before the council meeting makes residents feel part of the process. ITC has attended and spoken at nearly every public forum for the last ten years, and the public forum has taken less time than in other years; the reason for late meetings is due to an increase in foreshadowed motions and questions to staff from councillors.
Lane Cove Council can manage the public forum system by limiting the number of speakers on the same topic or only allowing residents from the Lane Cove Council area and adjoining suburbs to speak. For example, debate on the 5G issues involved numerous speakers from outside the Lane Cove Council area.
2023/24 Budget – Second Quarter ReviewRecommendation
Council Policies Review – Part 3 Recommendation
Memorial Seats and Trees Policy
This Policy details the circumstances in which the Council will provide the opportunity for public members to request and donate the cost of the installation of memorials in parks and reserves in commemoration of a person with an appropriate connection to the Lane Cove Local Government Area.
This policy has been reviewed with no amendments required.
Nature Strips: Mowing, Planting and Landscaping Policy
The purpose of this Policy is to confirm and recognise the community’s role in maintaining nature strips, ensure the mowing, planting and landscaping of nature strips contribute to the overall streetscape and amenity, define appropriate criteria for assessing requests by residents for Council assistance in mowing grassed nature strips, and define appropriate criteria for evaluating requests by residents to plant out nature strips.
This policy has been reviewed with administrative changes, including the removal of all recipients of the service, who are required to reapply annually to confirm eligibility. Applications forms will be sent out by Council and the service will be suspended if a response is not received.
Financial Assistance to Community Groups Policy
The purpose of this Policy is to assist in the development and provision of a range of community-based services which meet and are responsive to changes in the needs of people living and working in the Lane Cove Local Government Area, and which promote equitable outcomes in terms of access to services and quality of life for all residents.
This policy has been reviewed with no amendments required.
Smoke-Free Public Places Policy
This purpose of this policy is to document Council’s role in providing a smoke-free environment in specified public places, protecting members of the community from the health and social impacts of passive smoking and improve the amenity of the local area by reducing the amount of cigarette butt litter.
This policy has been reviewed with no amendments required.
Delivery Program and Operational Plan – 2023/24 Second Quarter Review. Recommendation
Delivery Program and Operational Plan – 2nd Quarterly Review – 2023-2024
Local Planning Panel – Expiration of Term Recommendation
The Department of Planning and Environment {DPE} have advised that the current term of the members of the Lane Cove Local Planning Panel (LCLPP) expires on 28 February 2024.
A Section 9.1 Planning Panel Direction was issued on 23 January 2024 by the Minister for Planning to extend existing panel members until 30 June 2024. This will allow time for the new expert members of the LCLPP to be established. The DPE has commenced work on the recruitment for new pools of Panel Chairs and expert members.
Three of the six existing community panel members have exceeded the six-year limit. As the establishment of new community members is a matter for Council, a separate recruitment process will need to be undertaken to recruit one new community representative, as a minimum of four is required.
| RECOMMENDATION
That:- 1. the report be received and noted; 2. Council advise the Department of Planning & Environment of the reappointments; 3. Council write to the departing Chair Mr. David Lloyd KC and express its appreciation for his work over a long period of time as the Chair of the Lane Cove Local Planning Panel and the former Lang Cove Independent Hearing An Assessment Panel; and 4. Council write to the departing expert members and community representatives and express its appreciation for their work on the Panel. 5. A recruitment process be undertaken for the selection of an additional community member. |
There is a mistake in the papers as the former Director of Planning, Michael Mason, is listed as a member of the panel. He is a Sydney North Local Planning Panel member and is not listed as a member on the council website here.
Councillor Conference Attendance Request – NSW ALGWA Conference 2024 Recommendation
RECOMMENDATION
That Council:
- Endorse the request by Councillors Kennedy and Southwood to attend the NSW ALGWA Conference 2024, hosted by the City of Ryde and
- Nominate any additional Councillors that may wish to attend the Conference.
Council Snapshot December 2023 and January 2024
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.
Below are some of the stats of interest for January 2024
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