Lane Cove Council October 2024 Meeting

The Lane Cove Council October 2024 Meeting will be held on Thursday, 24th October 2024 at 7.00 pm.

This is the first ordinary council meeting where general business will be discussed since the 2024 council elections.  Lane Cove’s new Mayor is Councillor Merri Southwood – you can read more about her here.

Have Your Say – Be Part of the Process

Members of the public can address councillors for three (3) minutes per person (in-person or online) during the public forum segment of the Ordinary Council Meeting. Register by using this online form no later than midnight, on the day prior to the Ordinary Council Meeting.

The public forum provides an opportunity to make a statement. It is not a forum for debate or response from Councillors.

You can submit a written submission via email to [email protected] 

Written submissions are to be received by Council no later than midnight, on the day prior to a Council Meeting (maximum 500 words).

You must ensure the subject line of your submission is as follows: Written Submission for Council Meeting – Insert Date – Insert Subject

Listed below are the agenda items for the meeting.

Notices of Motion

Notice of Motion – Lane Cove North Neighbourhood Shops Recommendation    

Councillors Little and Roenfeldt have tabled a notice of motion addressing the need for a neighbourhood centre in Lane Cove North.   Their motion includes the following statement:

“A potential site for a neighbourhood centre was identified at 25-29 Mindarie Street in 2021, an appropriate location given its central location within the precinct, its location opposite Mindarie Park, the need to redevelop the aging housing assets on the site, and its ownership by the NSW State Government agency Homes NSW (formerly Land and Housing Corporation). Homes NSW are proposing to redevelop 618-624 Mowbray Road and 25-29 Mindarie Street. The proposal includes 86 apartments, 43 social housing units, 43 affordable housing units, and no commercial spaces.

It is recommended that Council urgently seek to meet with the NSW Housing Minister, Homes NSW, the NSW Department of Planning, Infrastructure and Housing, and Willoughby City Council regarding the need for a neighbourhood centre and seek its inclusion in the proposed redevelopment of 25-29 Mindarie Street Lane Cove North.”

In October 2021, former Councillor Andrew Zbik tabled a motion recommending Lane Cove Council write to landowners within the Lane Cove North area who own land zoned R4 and who have not yet lodged a Development Application, asking if they have any interest in developing a neighbourhood centre concept.   This motion was defeated. The councillors for the motion were Councillors Vissel, Zbik and Morris.  Against the Motion were Councillors Palmer, Strassberg, Bennison, Brent and Brooks-Horn (only Councillor Bennison is a current councillor). Read more here.

In the past, Willoughby City Council has not been supportive of a new neighbourhood centre and the Willoughby City Council’s Draft Local Centres Strategy to 2036 explored the possibility of creating a new centre in West Chatswood (including a centre on Mowbray Road/Hinker Ave); however, it was resolved not to proceed with West Chatswood centre in the Final Local Centres Strategy based on feedback received.

Councillors are being asked to vote on the following resolution:

RECOMMENDATION   That:-   1.   Council commits to the provision of Affordable & Social Housing and acknowledge the lodgement of the State Significant Development Application [SSDA} by Homes NSW for the land in Mindarie Street Lane Cove North, 2.   Council write to the Mayor of Willoughby Council requesting a meeting to ascertain their views on the inclusion of commercial spaces in the Mindarie Street Proposal to support the local area; 3.   The General Manager write and request an urgent meeting with the Hon. Rose Jackson, NSW Housing Minister and Homes NSW to seek a review into the Mindarie Street proposal for the inclusion of commercial space in the proposed development; and 4.   The General Manager include in the next LEP review a study to identify possible sites for neighbourhood shops in the Lane Cove North precinct.

 

Notice of Motion – Progression of Expanded Newlands Park Masterplan, including elements such as a Water Play Park Recommendation 

Councillors Little and Roenfeldt have tabled a notice of motion relating to Newlands Park in the St Leonards South Area.  Lane Cove Council resolved to close Canberra Avenue in November 2025 to extend the park area.   Councillors Little and Roenfeldt recommend developing a masterplan for Newlands Park in consultation with the community.  They have suggested that the park may be suitable for a small water play park.

They are asking councillors to vote on the following resolution:

RECOMMENDATION   That Council: 1.         Commit to the development and delivery of a Newlands Park Masterplan that incorporates the land from the partial closure of Canberra Avenue; 2.         Requests the General Manager to table at the 2025 Corporate Planning Weekend and the February meeting of Council (or as soon as practicable thereafter) a proposed program for the development and delivery of the Newlands Park Master Plan, including but not limited to:- a.   appropriate community consultation; b.   design development; c.   Council endorsement of the Master Plan. 3.         Advise the Hon Paul Scully MP, Minister for Planning and Public Spaces, Hon Rose Jackson Minister for Housing that it is Council’s intention to develop a Master Plan for Newlands Park and explore opportunities for financing its implementation

 

Notice of Motion – Affordable Council Run Childcare Recommendation    

Councillor Flood has tabled a notice of motion for the council to investigate further Lane Cove Council’s capability of using council-owned facilities to provide affordable council-run childcare.

Lane Cove Council currently operates Kindy Cove Child Care Centre and leases council-owned premises to commercial operators such as The Lane Cove West Montessori Academy in Waterview Drive and other council-owned premises to parent-run organisations such as Lane Cove Occasional Care.

In April 2024, Lane Cove Council officers prepared a report on the potential operating models for two childcare centres the council will receive as part of a voluntary planning agreement from developments in St Leonards South. They will be provided with the premises and Lane Cove Council will lease them out to an operator.

The report suggested that the principle of competitive neutrality was a key reason preventing the council from taking on the management of two new facilities.

Competitive neutrality is the principle that a public sector business or agency should not have a competitive advantage over the private sector solely because of its government ownership. Public sector businesses should compete with private sector businesses equally (competitively neutral).

Councillor Flood, in her notice of motion, notes:

“While general comments and background on competitive neutrality principles were provided, there has been no analysis of the applicability of these principles with regards to the operation of early childhood education centres in Lane Cove.”

“In their 2022 submission to the IPART review of competitive neutrality principles and the National Competition Policy, Local Government NSW  said that:

Councils undertake few activities that would be considered business activities. Few if any are undertaken with the primary purpose of generating income although many operate on a cost recovery process.

Where councils do undertake activities that some may consider to be business activities councils are largely responding to Community Service Obligations, market failure and gaps in service availability, community needs and demands or to support regulatory responsibilities.”

“When it comes to things like the provision of early childhood education, councils can and should operate as a service provider – not with a primary profit motive, but to ensure the needs of our community are met. We have a large number of local families with young children looking for affordable childcare options. Kindy Cove is currently the only childcare centre both owned and operated by Lane Cove Council, and it is in high demand with affordable fees and quality education for children. We could be doing more in this space, and we should fully investigate what options are available to us in terms of providing this crucial service. ”

“Research shows that children who participate in quality early childhood education programs are more likely to arrive at school equipped with the social, cognitive and emotional skills they need to help them to continue learning. These benefits extend well beyond primary school. Higher levels of educational success, employment and social skills have all been linked to moderate levels of participation in quality early childhood education.”

“Experts have found that despite the overwhelming benefits, Australian children are still missing out on early education. A report published by the Murdoch Children’s Institute in January 2022 found that almost half of all Australian children enrolled in early childhood education, were not enrolled for the recommended number of hours (15 hours per week recommended) to obtain the full benefit. These numbers are even worse for disadvantaged groups.”

“Furthermore, families have expressed concerns that the new subsidies introduced late last year are already being eroded – with high operating costs and limited places driving up fees.”

“Council can play a part in ensuring vulnerable groups and local low-income families have access to affordable quality early childhood education. In order to do this, we should seek independent advice on the applicability of competitive neutrality principles to the provision of early childhood education in our LGA.”

Councillor Flood is asking councillors to vote on the following recommendation:

RECOMMENDATION   That Council:-   1.   Seek independent advice on the applicability of competitive neutrality principles to the operation of early childhood education facilities in the Lane Cove LGA, with a view to determining whether we are constrained by this principle, or if we have broader discretion. 2.   Provide a report with this independent advice to a council workshop for further discussion on the capability of council to provide affordable childcare facilities for local families. 3.   Table the independent advice at a council meeting for consideration. 4.   Delay the release of the tender documents for the operation of the Early Childhood Centre at 13-19 Canberra Ave, St Leonards until points 1 – 3 have been completed.

 

Notice of Motion – Blackman Park Master Plan Recommendation

Councillor Caleb Taylor has tabled a notice of motion seeking a review of the Blackman Park Masterplan to identify areas within the park for future enhancement and ensure it meets the community’s current and future needs. The proposed review would include a community consultation process, allowing residents and stakeholders to contribute their insights and suggestions.

Councillor Taylor notes:

“There is now limited unutilised space available within the park, however there are several potential projects that have been identified to further improve Blackman Park:-

1. Multipurpose clubhouse: A shared facility for sporting organisations and community events.
2. Ninja Warrior exercise course: An engaging fitness-focused obstacle course for all ages.
3. Pickleball courts: Dedicated spaces for this growing sport.
4. Outdoor exercise equipment: Enhancements to existing public gym equipment to promote outdoor fitness.
5. Upgraded playground: Enhancements to existing play facilities.
6. Bike and scooter track: A dedicated track to improve safety and accessibility.
7. Expanded parking: Increased parking capacity to better accommodate growing park use.

In particular, the multi-purpose amenities/clubhouse has been a vison of the sporting clubs for many years.”

Clubs using the lower fields for organised sport have raised with ITC that children must cross the car park to use the toilets.

Councillor Taylor is asking Councillors to vote on the following:

RECOMMENDATION   That:- 1.   Council undertake a review of the Masterplan to identify areas within the park for future enhancement to ensure it meets the current and future needs of our community; and 2.   Seek community consultation to gather input from residents, associations, local sporting groups and other relevant stakeholders on the proposed areas within the park for future improvements, including facilities, activities, and other features for the park.

 

Notice of Motion – Recognition of Lane Cove Swim Club Recommendation 

Councillor Bennison has tabled a notice of motion asking councillors to approve a resolution that the Council write to the Lane Cove Swimming Club and congratulate them on their achievement of being named Swimming Australia 2024 Club of the Year.  You can read more about Lane Cove Swimming Club being named Swimming Australia’s 2024 Club of the Year here.

Officers Report for Determination

Proposed Sale of Drainage Reserve – Morrice Street and Tambourine Bay Road – Final Report Recommendation  

A drainage reserve 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. The drainage reserve was ultimately not utilised and is surplus to the Council’s requirements.

Lane Cove Council received an unsolicited offer in July 2021 to purchase a small section of the drainage reserve.

Lane Cove Council subsequently invited Expressions of Interest for the section of land behind all properties adjoining the Reserve in August 2021 and received 22 ‘yes’ responses from a total of 30, noting the number of property owners engaged was 46.

It was 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 market and development potential. Costs for the surveying and legal costs were estimated at $5,000 per property in addition to the land purchase price.

Included within the ‘yes’ responses were a number of “competing interest(s)”, whereupon the rear-neighbouring property owner also expressed an interest in acquiring that same part of the drainage reserve. To address this, and other issues a forum was held with property owners, Councillors and staff on 12 March 2024 to identify a way forward.

Councillors are being asked to vote on the following resolution:

RECOMMENDATION That Council: 1.         Receive and note the report; 2.         Proceed with sale of the Reserve land with those respondents who have agreed in-principle to Council’s terms at $2,000m2 plus administrative costs; 3.         Issue a Notice to any property owner occupying the reserve to vacate including structures and the re-establishment of boundary fences to their rightful location. Alternatively, an owner may enter a lease with Council (lessee shall absorb legal fees) to continue their occupancy of the Reserve; and 4.         Delegate Authority to the General Manager to execute all the relevant contractual documentation.

 

Office of Local Government NSW – Councillor Conduct and Meeting Practices Discussion Paper Recommendation   

The Councillor Conduct Framework (Framework) is under review to facilitate and support local decision-making.

When releasing the draft Framework, the Office of Local Government (OLG) noted:

“It is intended that the revised Framework will be based on the following principles of change:

• Council leadership and decision making is paramount
• Freedom of speech is fundamental
• Transparency and accountability are maintained
• Issues are dealt with at the most immediate or local level
• A strong and proportionate local government regulator
• Justice is timely and proportionate
• Significant penalties should only be imposed by a judicial or quasi-judicial body”

The OLG is seeking feedback on its discussion paper on the proposed changes from the community, key stakeholders, and the local government sector.

Read the discussion paper here.

Laen Cove residents can comment on the draft framework, and submissions will be accepted until the Close of Business on Friday, 15 November 2024.

One of the reforms raised in the discussion paper aims to promote transparency and address the corruption risks identified by the Independent Commission Against Corruption (ICAC) that can arise from a lack of transparency. The draft framework proposes that councils will no longer be permitted to hold pre-meeting briefing sessions in the absence of the public.

Lane Cove Council holds council briefing sessions before each Ordinary General Council Meeting.  These briefing sessions are not open to the public and minutes of the briefing session are not available to the public.   A list of matters discussed at councillor briefings is not disclosed to the public (see for example, Woolongong City Council which provides details of the issues disguised at a councillor briefing)

It is noted in the Lane Cove councillor’s office report:

“Whilst Council officers fully support transparency and ensuring that decisions are not made by Council during private briefings, the total banning of briefing sessions is considered an extraordinary measure and unnecessary. The example used in the paper relates to briefings on development applications. Councils in metropolitan Sydney play no role in development applications so the relevance to corruption risk has already been eliminated.

A typical Councillor workshop / briefing involves presentations on the more complex matters relating to upcoming Council agenda items, providing opportunities for staff and Councillors to discuss matters or for Councillors to ask questions. Many issues which a Councillor is required to consider are complex and without the opportunity to have a briefing from staff, a Councillor is forced to develop their understanding entirely from the report to the meeting. At all government levels, politicians (the governing body) receive briefings from the staff (the administrative body) as the staff have the technical knowledge on matters. To remove the opportunity would be a retrograde step to ensuring informed decision making.”

Councillors are being asked to vote on the following resolution:

RECOMMENDATION That Council endorse the contents of this report for the purposes of preparing a submission on the matter and lodging the submission with the OLG on or before 15 November 2024.

 

Traffic Committee – September 2024 Recommendation    Minute   

• • Agenda of Traffic Committee – Tuesday, 17 September 2024
  • Minutes of Traffic Committee – Tuesday, 17 September 2024 for Council Meeting

The Lane Cove Traffic Committee Meeting was held on Tuesday 17 September 2024.

Agenda Items were as follows:

1. Confirmation of the Minutes Traffic Committee meeting – 16 July 2024
2. St. Michaels School – Relocate the existing pedestrian crossing on Longueville Road, north of Alpha Road, Lane Cove
3. River Road West – No Parking opposite William Edward Street
4. Birrahlee Pre-school, Lane Cove – Parking in front of the gate to the school
5. Tambourine Bay Rd and Coxs Ln, Lane Cove – Light traffic only (No Trucks over 3t)
6. Longueville Road – Austin Street (scrambled intersection), Lane Cove
7. New Year’s Eve celebrations 2024 at Manns Point, Greenwich Peninsula – TMP and TCP for the event
8. Regulatory Signposting and Linemarking
9. River Road, Greenwich – Proposed shared user path

Item 2

Item 3

 

Item 4

 

Item 5

TAMBOURINE BAY RD AND COXS LN, LANE COVE – LIGHT TRAFFIC ONLY

Lane Cove  Council is seeking approval from Transport for NSW (TfNSW) to designate Tambourine Bay Road and Coxs Lane as a light traffic route between River Road and Epping Road by installing ‘No Trucks’ signs (R6-10-2) at key entry points.

This proposal aims to address ongoing resident complaints regarding noise and speeding trucks using these residential streets as a shortcut.

The TfNSW representation provided the following information for Council to follow if they want the Tambourine Bay Road – Coxs Ln corridor declared as a ‘No Truck Route’. Lane Cove Council is required to submit a Traffic Management Plan for TfNSW’s approval.

Item 6

Lane Cove Council has received a petition from residents requesting that Transport for NSW (TfNSW) convert the traffic signals at Longueville Road and Austin Street intersection into a ‘scrambled intersection’ for pedestrians. This would involve stopping traffic from all directions, allowing pedestrians to cross in any direction, including diagonally.

The Committee resolved:

That Council:-

1. Acknowledges the responses from TfNSW that:

• TfNSW will increase the pedestrian phase to 12-seconds, from 8-seconds
• TfNSW does not agree to make the Longueville Rd/Austin Street intersection a Scrambled Crossing because the warrant for scramble crossing is that the intersection must have four or more approaching legs – they are not warranted on a 3-legged intersection.

2. The TfNSW extend green walk time from 8-secs, to 12-secs, and monitor the progress.

3. The head petitioner be advised

Item 7

It was resolved to seek approval for the road closures and implementation of the Traffic Management Plan (TMP) and associated Traffic Control Plan (TCP) for the 2024 New Year’s Eve celebration at the Greenwich Peninsula.

The 267 will stop at St Leonards Railway station and not continue down Greenwich Road after the last 267 bus down Greenwich Rd terminates at Greenwich Wharf, at 6:10pm. It will be the last bus allowed through the 6:00pm road closure on Greenwich Road.

The road closures are the same as last year.

Item 9 

This report discusses the proposed construction of a shared path along River Road, from the New Sport and Recreation Centre (180 River Road, Lane Cove Country Club) to Greenwich Public School (150 River Road), forming part of a critical missing link between Lane Cove and St Leonards. The project is designed to improve pedestrian and cyclist safety, promote sustainable transportation, and enhance connectivity in the local area. The shared path will cater to the increasing demand for safe, active transport routes while addressing safety concerns in a section of River Road with recorded incidents.

OFFICER RECOMMENDATION

That Council:-

1. Approves the construction of the Shared User Path along River Road, with the required excavation works and safety improvements.

2. Continues community engagement and provides updates during the construction process.

Council Nominations for Sydney North Planning Panel Recommendation    

Lane Cove Councillors are being asked to appoint Council expert panel member listed below as representatives to the Sydney North Planning Panel.

 

RECOMMENDATION That Council: 1.  Notes the report and appoints the following members to the SNPP:- ·    Mr Eugene Sarich ·    Ms Vivienne Albin ·    Mr Michael Mason ·    Ms Lisa Trueman 2.         Advise the Sydney North Planning Panel Secretariat accordingly.

 

Lane Cove Cenotaph Relocation Recommendation    

At the April 2024 meeting, Council received a notice of motion in relation to the relocation of the Lane Cove Cenotaph.

The officer report provides options for Council to consider relocation and information on consultation, potential costs, and next steps.

The Lane Cove Cenotaph is a rectangular altar made of dark grey granite. On its front face it is engraved with a gold wreath which is inscribed with the words “Lest we forget”.  It is located on the corner of Longueville Road and Austin Street next to the Lane Cove Library.  Adjoining the Cenotaph is also a small memorial that is associated with the site.

In the past, commemorative services were held on the footpath in front of the Cenotaph. Due to increasing popularity of the services, ANZAC Day services following the Centenary Commemorations, were initially moved to the Lane Cove Plaza and then to The Canopy. Remembrance Day, however, remains in the Plaza as it does not attract the same number of attendees. To accommodate wreath laying, a temporary Cenotaph is erected in the Plaza or at the foot of The Canopy stage. The wreaths and tributes are subsequently relocated to the Cenotaph in its current location by young participants representing local schools and service Groups.

At the April 2024 meeting, Council received a motion in relation to the possible relocation of the Lane Cove Cenotaph and it was resolved that Council:

“1. Work with Lane Cove RSL Sub Branch to identify other possible locations for the Cenotaph, including the garden bed to the left of The Canopy’s stage, which is more prominent than the current location.

2. that a report be prepared for Council with locations, costs and procedures required to move the Cenotaph; and
3. commence work on this resolution when resource capacity permits.”

Three options have been tabled:

1. Remain near the Lane Cove Library;
2. Place near The Canopy Stage
3. Place at the top of The Lane Cove Plaza

Councillors are being asked to vote on the following:

RECOMMENDATION That Council: 1.         Receive and note the options detailed in the report about Lane Cove Cenotaph relocation; and 2.         Make a decision on the preferred option for the location of the Lane Cove Cenotaph.

 

General Purpose Financial Statements for the year ended 30 June 2024 Recommendation

Councillors are asked to vote on the following resolution:

RECOMMENDATION   That Council:-   1.   Adopt the General Purpose Financial Statements for the year ended 30 June 2024 (AT-1);   2.   In accordance with Section 413(2)(c) of the Local Government Act, 1993, authorise the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer to sign the ‘Statement by Councillors and Management’ (AT-2) for the General Purpose Financial Statements and lodge them, together with the Auditor’s Reports, with the Office of Local Government by 31 October 2024;   3.   Note that the General Purpose Financial Statements will be placed on Council’s website for public comment; and   4.   Invite the Audit Office of NSW to attend the Council meeting of 21 November 2024 to present the Auditor’s Reports.

 

Pecuniary Interest Returns 2024 Recommendation   

Councillors are being asked to vote on the following resolution

RECOMMENDATION   That Council note the report and tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2023 to 30 June 2024.

Councillor representation on Council Advisory Committees and External Organisations for 2024-25 Recommendation    

This agenda item is to allocate councilors to the different advisory commitees.

If you would like to be on an advisory committee, Lane Cove Council will in November be asking for expressions of interests to sit on the following committees:

• Bicycle Advisory Committee
• Bushland Advisory Committee
• Community Dog Advisory Committee
• Lane Cove Festival Advisory Committee
• Lane Cove Public Art Advisory Committee
• Sporting Club Advisory committee
• Sustainability Advisory Committee
• Youth Advisory Group
• New Advisory Committee (subject to Council endorsement) related to social inclusion

Councillors are being asked to vote on the following resolution:

 

RECOMMENDATION   That Council:-   1.       determine Councillor representation on these advisory committees, internal committees, and external committees for the period up to September 2026; 2.       endorse the creation of the new advisory committee to address social inclusion; 3.       confirm whether to proceed with a Dog advisory committee or Companion Animals advisory committee; 4.       adopt the template charter to be applied to all Council advisory committees; and 5.       call for expressions of interest for community members for the various advisory committees.

 

Officers Report for Information

Council Snapshot – August/September 2024 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.