Lane Cove Council July 2024 Meeting

    The Lane Cove Council July 2024 Meeting will be held on Thursday, 18th July 2024.  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.

    Council meetings are live-streamed and viewable via the webcast on this website.

     

    Listed below are the agenda items for the meeting.

    Mayoral Minutes


    Mayoral Minute – Implications of Budget Rejection: How Would Lane Cove Council Manage Financial and Operational Risks?

    The Mayor notes three councillors voted against the adoption of the budget papers. He further notes that if budget papers were not approved, the council could not function fiscally and pay its debts when they are due. The Mayor also noted that the council could be put into administration if the budget is not approved.

    ITC asked the three councillors who voted against the budget for a comment on why they did not vote in favour of adopting the budget.

    Councillor Flood

    “I was disappointed to see this Mayoral Minute. As Councillors, we have a responsibility under the Local Government Act to make considered and well informed decisions, as active members of the governing body. I voted against adopting the budget as I felt we were not given adequate information to make an informed decision in relation to the approval of an approximately $6 million dollar overrun for the sport and recreation project.

     

    “Prior to the June meeting, myself and Councillor Southwood had asked for this item to come separately to council for a formal decision, with more information on detailed quotes, costings and any opportunities to save costs and minimise budget overruns. During the course of the meeting we sought to amend the item to allow additional time for this information to be made available, suggesting an Extraordinary Meeting be called to address the item if needed. This was rejected.
    “I will not be pushed into supporting something where I do not feel I have adequate information to hand. $6 million dollars is a large sum of money, and there will be significant opportunity costs for our community as a result of this budget overrun. It is not a decision that I wanted to take lightly, and I’m disappointed to see this mischaracterisation of my actions from the Mayor. I take my responsibilities to our community seriously and stand by my position on the budget papers.”

     

    Councillor Bryla

    “As councillors, we are obligated to gain information from the General Manager to a level that assists us in making necessary decisions. One of these decisions is to manage our council’s money and assets for the community’s current and long-term needs.

    There were gaps in the information provided that concerned me and raised the questions to which I was not given answers.

    In addition questions were asked to senior staff members in relation to governance on the night, the answer to these questions confirmed along with my due diligence prior to the meeting that I was not able to vote yes to the budget as it was reported.”

    Councillor Southwood

    “I wish to respond to the Mayoral Minute.

    As a Councillor I am required to make considered and informed decisions.

    I feel that the Mayoral Minute fails to acknowledge my responsibility to satisfy myself that I have adequate information to support a proposal before me.

    From the time I became aware, in April, of the likely scale of the Sport and Recreation budget overrun, I felt that Councillors had a responsibility to fully understand the reasons for the increase.

    Furthermore, I understood that the increase would need to be specifically authorised in a resolution of Council, given the original delegation to the General Manager to execute a contract to an approved $75 million budget.

    The proposed 2024/25 budget left many community members (and Councillors) disappointed by what they felt was inadequate (or no)  funding for projects they regarded as important.

    When I saw the proposal in the June business papers to include a $6 million figure increase in the LTFP to cover an increase in Sport and Recreation project costs (noting that the project contingency was also to be extinguished), I felt that I could not approve this significant increase without a full understanding of the reasons for the increase.

    I felt that I could not support a $6 million increase in the LTFP to cover the Sport and Recreation budget overrun, whilst seeing other worthy projects miss out.

    It became apparent during the course of the June meeting that there would be no opportunity to delay approval of the LTFP to allow for a meeting to be convened to explore the reasons for the budget overrun.

    In the absence of an appropriately convened meeting to discuss the background to the project budget overruns and, if so resolved, to approve the increased funding, I was unable to support the 2024/25 budget.”

    Notices of Motion

    Notice of Motion – Support for Local Women’s Refuge and Families in Need through Community Collaboration Recommendation

    Councillors Scott Bennison, David Roenfeldt, Andrew Zbik; David Brooks-Horn; and Katherine Mort are asking councillors to vote on the following:

    1.   Investigate a process to identify houses that are empty when development applications are lodged, and contact the owners or developers to seek agreement to facilitate free temporary access to the houses before they are demolished as part of the new development; and

    2.   Organise a roundtable discussion with interested parties to support a comprehensive coordinated network to increase the assistance available to women and families in need.

    This motion refers to community groups becoming more involved in assisting Women & Children First who manage Delvena Women’s Refuge.

    ITC readers would be aware that ITC works extensively with Delvena Women’s Refuge to provide them with the targetted resources they need.

    ITC presented the following information at the Lane Cove Council’s public forum on Monday night:

    “I am pleased to see the Delvena motion. I want to alert you to the community work being done at the moment by a dedicated network of volunteers who help out Delvena by providing food, clothing, and other essential items.

    Every two months, I (Jacky Barker, founder of ITC) and Mandy Ambler from C3 Church meet with Michelle Povach, acting CEO of WCF. We discuss what is needed, and then Mandy and I go away and speak to our contacts to assist Delvena. Jillan Batt from Sydney Community Services used to attend some meetings.

    In 2023, after WCF had success with pop-up houses in the Northern Beaches, we discussed adopting the same approach in Lane Cove. I contacted local real estate agents and discussed WCF paying rent, and we were successful in obtaining rental accommodation—which is still being used by Delvena families.

    If Delvena needs anything, they contact me, and I put a call out on ITC, and within hours, they usually have what they need due to our dedicated readers. I have also worked with Tania Mace from Rotary to assist with special projects, and Rotary is terrific.

    In December last year, Delvena had a fundraising drive to assist women over the Christmas break. ITC readers donated $2500 in two days, and the donations were tax deductible as they have DGR status so they don’t need to go through a community group.

    I also arranged for Anthony Roberts’ office to provide assistance. Anthony and two of his staff members, Rory Burke and Simon Kenderes, put together flat pack packaging (which you need a Phd to do), then came back to paint and do other handyman work around Delvena and are now on speed dial.

    We have also arranged free painting by local painters Multistyle Painting and Decorating.

    Just today I contacted for Nickys Kid’s Town to organise free child care for a Delvena mother.

    I am telling you all this so you know the informal network of dedicated people.  If the Council is arranging a roundtable discussion, I ask that those individual volunteers who have worked long hours helping Delvena be included, not just recognised community groups.

    Arranging accommodation for homeowners or developers during renovation is a good idea in principle.

    However I cannot see from the discussion paper if you have approached developers to see if this is feasible –  having worked with developers in my previous life as a solicitor I would suggest that there would be many issues in allowing a tenant into a property before development – including insurance and public liability, the need for a property manager, and the fact that tenancy laws and notices given to vacate a premises would be an issue.

    A house that is unoccupied due to demolition, etc., may not be the most appropriate place for a family. It may have been let go or not maintained due to the impending demolition, and there can be mould or damp issues.

    I know that the council has limited staff and resources. A better approach is to contact local real estate agents and ask them to recommend properties. They also know when a person is looking for a short-term rental during renovations.”

    Notice of Motion – Support for New Legislation and Stricter Regulation of Strata Management Companies. Recommendation    

    Councillor Scott Bennison, Councillor David Brooks-Horn and Councillor Katherine Mort are asking councillors to vote on the following:

    That Council write to the NSW Minister for Better Regulation and Fair Trading, The Honourable Anoulack Chanthivong endorsing the review and strengthening of the legislation governing Strata Management Companies and Strata Managers and request the new legislation:-

    1. significantly increase the accountability and transparency required of Strata Management companies and consider within the legislation the rights of individual owners to take action against strata managers where appropriate; and
    2. instead of allowing commissions to strata and property services companies for any purpose, the payment of commissions should be band (sic) entirely from service providers, consistent with the view of the Royal Commission into banking which held that the conflict of payment of commissions is too great to overcome and service should be rendered on a fee for service only basis.

    Notice of Motion – St Michael’s School – “Kiss and Ride” upgrade Recommendation

    This motion seeks the Council’s support for a revised design of the Longueville Road “Kiss and Ride” and crossing outside St Michael’s Primary School to be sent to the Traffic Committee for their approval and that this project be considered for inclusion in the 2025/26 Budget, with completion as early as possible.

    St Michael’s Catholic Primary School at 181-187 Longueville Road Lane Cove was established over 100 years ago.  The school has over 525 students from Kindergarten to year 6. Overall, 40% of students coming from families where their language background is other than English.

    The school’s “Kiss and Ride” zone on Longueville Road currently holds a maximum of 3 cars.  Many parents or carers drive their children to and from the school for many reasons while others catch buses or walk. The morning drop off and afternoon pickup can cause traffic issues and safety concerns for the children. Many cars queue down Alpha Road and into Austin Street.  An increase in the quantity of available spaces of the “Kiss and ride” zone would increase the speed of the children being dropped off and picked up. Therefore, reducing congestion for local residents and safety issues of the school children.

    To increase the capacity of the “Kiss and Ride” zone, Council’s traffic officers have previously created a design at the front of St Michael’s School . The design proposes moving the pedestrian crossing to allow for the extra ‘kiss and ride’ space for parents. This project has not gone to the Traffic Committee nor is included in the current year’s budget. The design has been shown and explained to the Principal of St Michael’s Catholic Primary School and was received with a more than favourable response.

    That:-

    1.   Council’s design for a revised Longueville Road “Kiss and Ride” and crossing outside St Michael’s Primary School be sent to the Traffic Committee for their approval or suggested changes; and

    2.   Council consider the project for inclusion in the 2025/26 Budget, with completion as early as possible unless an opportunity arises for completion this financial year through grant funding.

     

    Notice of Motion – Proposed Review to support the reporting and delivery of Major Projects Recommendation  

    Councillors Bridget Kennedy and Kathy Bryla have tabled a notice of motion asking councillors to recommend that Council request its Audit, Risk and Improvement Committee (ARIC) to review the Council’s existing Project Management Framework and from the start of the new council term for major projects over $5 million (or an amount advised by ARIC), utilise the detailed project status report template developed by Willoughby Council to provide monthly reports to the governing body.

    Councillors are being asked to vote:

    That Council:-

    1. Request that ARIC review Council’s existing Project Management Framework process (noting it was last reviewed in 2018), leveraging off the recent work undertaken by Willoughby Council (including their development of a standardised template for project status reports) with consideration given to how we could achieve improvements on managing and delivering major projects and reporting on risk, programme and financing,
    2. Notes that high-level reporting of Major Projects is currently provided to ARIC quarterly but that this three-month delay and current lack of detail could reduce proactive management of risk, as the information is historic;
    3. Notes that the monthly snapshot and Council websites  provides similar high-level project reporting to the public on projects and quarterly budgetary changes are included in the quarterly budget review; and
    4. From the start of the new council term, for major projects over $5 million (or an amount advised by ARIC), utilise the detailed project status report template developed by Willoughby Council to provide monthly reports to the governing body to ensure the governing body has all the information required to make timely and informed decisions in regards to risk and budget involved in the procurement and delivery of Major Projects and real-time reporting to Councillors on risk, and use of contingency of 50%.

    Notice of Motion – Affirmation of Council Commitment to an Inclusive Society Recommendation

    Councillor Merri Southwood has tabled a notice of motion asking for a commitment to the following:

    “The social cohesion of our society is being challenged both within Australia and overseas.

    It is important that members of the Lane Cove community are assured that they are part of an inclusive community that recognises and respects the right of community members to observe a religious faith of their choosing.

    It is also important that Lane Cove Council and its Councillors, by statement and conduct, demonstrate their commitment to the vision, mission and guiding principles outlined above.”

    Notice of Motion – Damage, Removal or Theft of Electoral Material during Local Government Elections Recommendation

    Councillor Merri Southwood has tabled a notice of motion asking about damage, removal or theft of Electoral Material during Local Government Elections 2024.

    Councillor Southwood has noted:

    In the lead up to the local government elections held on 4 December 2021, electoral material of some candidates was removed, stolen or damaged.

    This was particularly prevalent on the evening leading up to election day.

    The material removed, stolen or damaged included corflutes, A-frames and banners.

    Some candidates arrived at polling booths on election day to find their electoral material had been removed or damaged, including but not limited to, the slashing of banners, removal of banners and disposal in bushes and removal of corflutes from A-frames and replacement with corflutes of other candidates.

    “Given that the next local government election is to take place on 14 September 2024, it is appropriate that current Councillors make a statement of condemnation of the behaviour that occurred in relation to the removal, theft or damage of electoral material in the conduct of the local government election on 4 December 2021.”

    Notice of Motion – Bus Service Changes Lane Cove Recommendation  

    Councillor Flood has tabled the following notice of motion:

    That Council:-

    1. Update the existing portal for lodging reports on late and cancelled bus services to include specific feedback on the impact of the upcoming route changes. This will allow the Council to gather detailed information on the effects of these changes (once implemented in August) and advocate for better service outcomes for our community; and
    2. Write to Transport for NSW expressing the following:
    3. The importance of maintaining and improving current service levels to avoid reduced accessibility and increased travel complexity for residents.
    4. Concerns over the negative impact of changing transport modes on public transport usage, emphasizing the need to encourage public transport use to reduce emissions, congestion, and travel costs.
    5. The potential risks posed to older adults and school children due to the need for multiple bus changes and navigating dangerous intersections.
    6. Reiterating Lane Cove Council’s opposition to the privatisation of bus services and endorsing the Legislative Council Inquiry’s recommendation to reverse the privatisation of Sydney metropolitan bus services, including Region 7.

    Notice of Motion – Developing a Transition Plan to Remove Poker Machines from Council Owned Venues Recommendation    

    Councillor Flood has tabled a notice of motion, that if approved could eventually see the removal of poker machines from The Longueville Sporting Club (aka The Diddy) and the Lane Cove Bowling Club.

    The recommendation is that Council :-

    1. Develop a simple gambling harm reduction policy that aims to:
    2. Phase out poker machines on council owned property (as property lease agreements come up for renewal)
    3. Phase out gambling advertising on council-owned property,
    4. Initiate preliminary conversation with the current leaseholders for the two council owned venues which currently house poker machines to begin discussions on possible steps towards becoming pokie-free venues – to help develop a supported transition plan.
    5. In the interim, encourage the operators to display and actively promote harm minimisation support services as an immediate initiative; and
    6. Investigate opportunities to expand on council’s existing work to support and collaborate with organisations caring for people with gambling addictions and their families including GambleAware North Sydney and Central Coast (which covers the Lane Cove LGA), and other local providers. For example, this could include:
    7. Helping direct residents to practical support webinars and workshops run by existing gambling support services (through formal or informal referrals)
    8. Offering council venues for free to host gambling support meetings/events/workshops
    9. Sharing gambling addiction campaign materials from the Department of Liquor and Gaming to help increase awareness of gambling harms and to broaden the reach of these important campaigns.

    Notice of Motion – Community E-Shuttle for Lane Cove Recommendation    

    Councillors Flood and Kennedy have tabled the following notice of motion

    That Council conduct preliminary investigations into the feasibility, cost, and logistics of introducing a community e-shuttle, or regular shuttle bus service within the Lane Cove LGA. This study should consider:

    •  Potential routes covering key residential, commercial, recreational areas, and transport hubs.
    • Scheduling that aligns with peak usage times and maximizes accessibility.
    • Estimated costs and potential funding sources, including grants and partnerships, sponsorship from local shops, optional small donations from bus users etc.
    • opportunities for collaboration with other LGAs (e.g. Willoughby)
    • Feasibility of running this as a free service or by donation to keep costs for users minimal; and

    In 2017, In the Cove ran a survey to gauge interest in a Lane Cove Commuter Bus.

    The response to our survey was that 94.12% of respondents favour a commuter bus.   You can read our article here.  The results were presented to Lane Cove Council.   Council did not proceed with a commuter bus as they said it was too expensive to run.  At the time ITC was disappointed, as we did not feel all funding options (like sponsorship had been exhausted).

    Notice of Motion – Food Organics and Garden Organic (FOGO)/Waste Updates Recommendation

    Councillor Bridget Kennedy has tabled a motion asking for FOGO collections to be made a priority.   Read our article here on the FOGO trial that was carried out in 2023.

    That Council:-

    1. Give the highest priority to researching and implementation of a Council-wide food collection service given the mandate, noting that there will be penalties for those who do not comply with introducing FOGO in by 1 July 2030; and
    2. Notes that Council is continuing work with NSROC in implementing regional waste programs and initiatives and that in the next 12 month will be conducting research to prepare for the NSW Government mandate for food collection services by 2030;
    3. Provide an update on:
    4. Staff Bin Trim Assessor training, and progress on implementation on core components of the Bin Trim Networks Program;
    5. The NSROC Regional Organics Implications Study;
    6. Specifics on when the site specific Resource Recovery Order and Exemption trial to permit the use of Woodlawn Organic Outputs (WOO) in the rehabilitation of tailings dams at the Woodlawn Zinc Copper mine is planned to be terminated (if prior to 2030); and
    7. That the new incoming Council are briefed on our regional waste practices and position, including FOGO, and offered a visit to nearby innovative FOGO waste processing solutions such as the GoTerra Soldier Fly Lavae food waste processing plant at Barangaroo.

    Update

    14 Gay Street – Future Use and Management Recommendation    Minute   

    Lane Cove Council purchased 14 Gay Street Lane Cove North, a 2,801 square meter block, to bolster its bushland portfolio. The block was purchased as part of the Council’s Bushland Expansion Program and connects to the existing Stringybark Creek Reserve. The property was purchased for $3,333,000 plus acquisition costs.

    Lane Cove Council listed the following options out for public comment:

    • Subdivide the block and construct a best-practice sustainable home that can be used as a demonstration home before ultimately being sold to recoup part of the land acquisition costs
    • Subdivide block and build two ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing
    • Dedicate the entire site to Bushland. i.e. rezone entire site to C2.

    Lane Cove North Residents Association believe the whole site should be classified as bushland and put together a 24-page document on why the land is important bushland.  Read the background here.

    The officer’s report recommends:

    That Council adopt Option 1 – Subdivide the block and construct a best practice sustainable home and:

    1. The property be subdivided into 2 lots, Lot 1 to compromise the bushland area of 2,188m2 and Lot 2 to compromise the proposed residential area of 615 m2.
    2. Lot 1 be classified as Community Land under the Local Government Act.
    3. Council in the next general LEP update rezone the bottom portion of Lot 1 to C2 and the upper portion RE1, to allow for the bushland buffer zone to be located entirely within Lot 1.
    4. Council consider as part of the 2025/26 budget the construction of a best practice sustainable home on Lot 2 that can be used as a demonstration home before ultimately being sold to recoup part of the land acquisition costs.

    The Lane Cove Council’s officer report noted:

    “In total 432 responses were received from the consultation. Of these 155 responded via the survey on the “Have Your Say” page on Council’s website and 247 responded directly via email.

    The survey results showed that 81% of respondents favoured Option 3 – Dedicating the site to bushland. Furthermore, the survey results indicated that if the property wasn’t retained entirely as bushland, then the next most preferred option was Option 1 where the lot is subdivided and a single sustainable dwelling is constructed.”

    “The community’s desire to maximise the creation of additional bushland is understood and the consultation results reflected this. Council has a proven track record of acquiring new bushland and this is demonstrated by the more than 14,000m2 of bushland that Council has acquired over the past 14 years.

    While the consultation indicated there is strong support for keeping the entire property as bushland the survey comments and written submissions show that a proportion of the respondents were under the impression that the other proposed options would involve development works on the entire site or that a large number of trees were proposed to be removed. In fact, none of the options proposed the removal of any of the native trees on the site and Options 1 and 2 protect 78% and 73% of the site respectively. In regard to the issue of potential over development, Options 1 and 2 proposed the construction of a single dwelling or two micro houses on a lot that already has a dwelling.”

    On Monday, 15 July 2024, at the Lane Cove Council public forum, 24 out of 27 speakers spoke in favour of making 14 Gay St  Lane Cove North all bushland.    Numerous speakers noted that the council had ignored the views of 81% of the people who responded and made assumptions that residents only voted for Option 3 has they were not aware there was already an unoccupied house on the block and council would not remove native trees if they built on the block.

     

    Officers Report for Information

    Lane Cove North Speed Reduction Proposal Recommendation  

    The Lane Cove North Speed Reduction Project was successfully nominated for grant funding under the Safe Speeds in High Pedestrian Activity Areas program.

    Following the successful grant application, Consultation Plans were developed, and consultation was carried out between 22 December 2023 and 18 February 2024.

    The overall proposal received majority support from consulted residents (63%).

    The proposal was referred to the March 2024 Traffic Committee where the Committee also requested amendments to the proposal.

    Following these amendments, the Final Concept Plans were also circulated to members of the Traffic Committee. No comments were received from the members of the Traffic Committee.

    A report attached to the council papers (click here)  proposes that Council, subject to detailed design, commence construction of the Lane Cove North Speed Reduction proposal as per the Final Concept Plans included in AT-2 – click here to see the designs.

    That Council:

    • Subject to detailed design and as per the Final Concept Plans included in AT-2, commence construction for the Lane Cove North Speed Reduction proposal for the following treatments:
    • Continuous footpath treatments on Willandra Street, Mindarie Street, Girraween Avenue at the intersection with Mowbray Road;
    •  Continuous footpath treatments on Elizabeth Parade, Arding Street, Canberra Street at the intersection with Centennial Avenue;
    • Speed humps along the local streets outlined in the locality plan;
    •  Raised pedestrian crossing on Helen Street at Goodlet Reserve;
    • 2 metre parking lanes and 3 metre travel lanes on Karilla Avenue between Centennial Avenue and Kurri Street to ensure Karilla Avenue appears narrow to reduce speed;
    •  A raised pedestrian crossing on Karilla Avenue at its intersection with Centennial Avenue and remove existing pedestrian refuge;
    •  Rumble strip on Karilla Avenue at the intersection with Kurri Street;
    •  Pedestrian refuge on Burley Street at the intersection with Pacific Highway;
    • Raised pedestrian crossing on all approaches of the Mindarie Street/Kullah Parade/Hatfield Street intersection;
    • All associated signage and line markings.

    Further amendments to Parts C, J & S of Council’s DCP – Public Exhibition Recommendation

    The purpose of this agenda item is to outline the results of community consultation for a proposed amendment to the Lane Cove Development Control Plan (DCP), particularly Parts C (Residential Development), J (Landscaping and Tree Preservation) and S (Environmental Sustainability). Changes include:

    1. Removing the control on pool heating systems (in Part C) as this is a direct conflict with state policy,
    2. Rewording the tree preservation guidelines (in Part J) to make it consistent with Council’s existing policies and approach and
    3. Rewording some of the objectives in Part S to reflect the focus on human health better.

    The Lane Cove Council has banned gas appliances in new developments and renovations. The ban also applied to pool heaters, although State Policy allows gas pool heaters.  The ban will stay, however gas heating of pool heaters will be allowed.

    Read more about the ban on gas here.

    Only this week, Willoughby City Council tried to introduce the same gas ban, but the motion was defeated. Several Willoughby City Councils were concerned that the gas ban would impact the local Asian community, which uses gas for cooking with woks.

    5G Cell Towers – Update Recommendation    

    Following discussion at its Ordinary Council Meeting on 22 February 2024, the Council resolved to take the following action:

     

    1. Receive and note the correspondence received from ARPANSA and ACMA regarding 5G Cell Towers.
    2. Note that officers are currently arranging an online presentation to residents through ARPANSA and a date will be advertised on Council’s website shortly.
    3. Note 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.

    The Officer’s report notes:

    “Following confirmation of the cost required to complete the independent assessment, a letter was sent to the Member for North Sydney, Ms Kylea Tink MP, to request support and funding. Council is yet to receive a response from the Member, despite several emails being sent in recent months.

    Conclusion

    Council has been forwarded a copy of an online presentation that was recently provided to Northern Beaches Council. Council officers have expressed a desire for ARPANSA to provide an online presentation for Lane Cove residents and are continuing endeavours with the Member for North Sydney, Ms Kylea Tink MP, to fund the cost of an independent assessor to measure exposure to Electro Magnetic Radiation in specific areas within the Lane Cove area.”

    Read our article here on the background to the 5G vote in February 2024.  Councillor Rochelle Flood was the only councillor to vote against the recommendation mentioned above.

    ITC asked Kylea Tink’s office for a comment on the request for funding.

    Kylie Tink said:

    “While I understand some in the community have concerns about the roll out of 5G, it is important that all Australians know their safety is always paramount in the minds of anyone involved in the federal government and that, in this context, the Australian Radiation Protection and Nuclear Safety Agency has reviewed the technology thoroughly and has deemed it to be safe. Given this, it would not be appropriate for the federal government to second guess this determination by funding a single community to do their own research. If the Lane Cove Council believes the research is necessary, it is their prerogative to initiate and fund it using their own financial resources and I look forward to them sharing the results of the work they undertake.”

    RECOMMENDATION

    That Council:

    1. Receives and notes the update provided in this report; and
    2. Notes that officers are currently progressing arrangements with ARPANSA to provide an online presentation to Lane Cove residents.

    Request by Owner for Council to purchase C2 zoned land at 347A Burns Bay Road, Lane Cove West Recommendation    

    The owner of land zoned C2 – Environmental Conservation at 347a Burns Bay Road, Lane Cove West, has requested Council give consideration to the purchase of the land for open space at a price of $1.8m.  The land is one of 24 lots identified by Council for acquisition and will contribute to continuous public foreshore access and protecting and enhancing bushland. The Officer’s report recommends that the Council proceed with the purchase.

    The Lane Cove LEP 2009 includes land identified for acquisition as follows:-

    • Land for local open space (C2) = 21 lots
    • Land for regional open space (C2) = 3 lots

    These lots are zoned C2 – Environmental Conservation zone as they are areas that contain high ecological, scientific, cultural or aesthetic values. Council is authorised under clause 5.1 of the LEP to acquire the identified property under the Land Acquisition (Just Terms Compensation) Act 1991 or alternatively direct purchase if the property is available for public sale.

    The property is a battle axe shaped property (see image below), which comprises a former residence (currently in a poor state of repair) and garden area, which interrupts the continuous public foreshore access and bushland vegetation along the Lane Cove River. Unlike previous properties acquired in the Burns Bay area, the entire land, except the battle-axe access handle, is zoned C2. There is no R2 residential zoned land that can be subdivided and resold. The battle-axe access handle is at a gradient to provide suitable public access to the foreshore bushland. Council staff support the acquisition of the land.

    At the public forum on 17 July 2024, numerous people queried the acquisition of this land as they could not see how the public could use the bushland.

    Council Policies Review – Part 5 Recommendation

    The purpose of this agenda item is for Council to review and consider the re-adoption of the following policies as part of the ongoing policy review for the Council Term, which will extend throughout the remainder of this term:

    • Council Records and Archives Policy,
    • Risk Management Policy
    • Sister Cities Policy

    Note Gunnedah is a sister city of Lane Cove.

    Appointment of Additional Youth Advisory Group Member Recommendation   

    Council received a report at the 23 March 2024 Ordinary Council Meeting on the appointment of a Youth Advisory Group and the need to continue to recruit young people for this advisory committee.

    This agenda item presents an additional nomination from Chloe Champion for the Youth Advisory Group, for endorsement by Council.

    Council Decision Making and use of Council Resources prior to the 2024 Local Government Election Recommendation    

    The Local Government elections are scheduled for Saturday, 14 September 2024. The Office of Local Government recently released a publication titled “Pre-election guide for Councils”, dated April 2024. The officer’s report summarises the pertinent aspects of the guide, including the use of Council resources, the distribution of council publications and council decision making leading up to the election. It is recommended that the report be received and noted.

    Under the Regulation, councils are required to assume a “caretaker” role in the four weeks preceding the election day (see section 393B).

    The caretaker restrictions are designed to prevent outgoing councils from making major decisions that will bind the new council or limit its actions.

    The caretaker period for the 2024 Local Government elections commences on Friday 16 August 2024 and ends on Saturday 14 September 2024.

    During the caretaker period, councils, general managers, and other delegates of councils (other than a joint regional planning panel, a local planning panel or the Central Sydney Planning Committee) must not exercise the following functions:

    • enter into any contract or undertaking involving an expenditure or receipt by the council of an amount equal to or greater than $150,000 or 1% of the council’s revenue from rates in the preceding financial year (whichever is the larger)
    • determine a “controversial development application”, except where a failure to make such a determination would give rise to a deemed refusal, or such a deemed refusal arose before the commencement of the caretaker period, or
    • appoint or reappoint the council’s general manager (except for temporary appointments).

    Audit, Risk and Improvement Committee (ARIC) – Terms of Reference Recommendation    Minute   

    The ARIC Terms of Reference are being up dated and will include the following:

    • Objectives of the Committee
    • Independence of the Committee
    • Authority of the Committee
    • Composition and Tenure
    • Roles of Members
    • Responsibilities of Members
    • Conduct
    • Standards
    • Workplans
    • Assurance Reporting
    • Administrative Arrangements, and
    • A Schedule of the Committee’s Responsibilities, including
      • Audit
      • Risk, and
      • Improvement

    Council Snapshot – June 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.

    Below are some of the stats of interest for June 2024.