agenda - attachments included · 12/15/2015 · actual year to date investment income to 30...

AGENDA

Notice is hereby given that an Ordinary Meeting of Council will be held at the Civic Centre, Dee Why on

Tuesday 15 December 2015

Beginning at 6:00pm for the purpose of considering and determining matters included in this agenda.

Rik Hart General Manager

Issued: 09/12/2015

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Agenda for an Ordinary Meeting of Council

to be held on Tuesday 15 December 2015

at the Civic Centre, Dee Why

Commencing at 6:00pm

ACKNOWLEDGEMENT OF COUNTRY

1.0 APOLOGIES

2.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

2.1 Minutes of Ordinary Council Meeting held 24 November 2015

3.0 DECLARATION OF PECUNIARY AND CONFLICTS OF INTEREST

4.0 PUBLIC FORUM

5.0 MAYORAL MINUTES

Nil

6.0 GENERAL MANAGER'S REPORTS ........................................................................ 2

6.1 Minutes of the SHOROC Incorporated Board Meeting held 25 November 2015 ....... 2

6.2 Minutes of the SHOROC Inc Annual General Meeting held 25 November 2015 ....... 3

6.3 Monthly Funds Management Report November 2015 ............................................... 4

7.0 COMMUNITY DIVISION REPORTS ....................................................................... 11

7.1 Wareham Reserve Frenchs Forest - Proposed Easement to Drain Water in favour of 31 Forest Way Frenchs Forest ................................................................. 11

7.2 Public Green Fees at Long Reef Golf Course ......................................................... 14

7.3 Warringah Recreation Centre - Live Life Get Active Request for Fee Waiving ........ 17

7.4 Draft - Amendment of 2015/16 Fees and Charges - Brookvale Oval Hire Fees ..... 20

8.0 ENVIRONMENT DIVISION REPORTS ................................................................... 23

8.1 Reporting Variations to Development Standards - State Environmental Planning Policy No. 1 - Develolpment Standards and Clause 4.6 of Warringah Local Environment Plan .......................................................................................... 23

8.2 Minutes of the Manly Lagoon Catchment Coordinating Committee Meeting held 30 July 2015 .................................................................................................... 26

8.3 Adoption of Water Management Policy ................................................................... 29

8.4 Adoption of Urban Forest Policy ............................................................................. 36

8.5 Submission to Aboriginal Land Claims 6166, 6136 and 6139 at Frenchs Forest and Belrose ............................................................................................................ 46

8.6 Junee Shire Council - Feasibilty Study into Information Technology Platform Proposal ................................................................................................................. 55

8.7 Bush Fire Prone Land Map Review Exhibition Results............................................ 57

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8.8 Delegated Authority to the Mayor – Christmas New Year Recess 2015/2016 ......... 60

8.9 Annual Review of GOV-PL 120 - Payment and Reimbursement of Expenses Incurred by, and Provision of Facilities to, The Mayor, Deputy Mayor and Councillors .............................................................................................................. 63

8.10 Minutes of Strategic Reference Groups ................................................................. 64

9.0 NOTICES OF RESCISSION

Nil

10.0 NOTICES OF MOTION ........................................................................................... 66

10.1 Notice of Motion No 23/2015 - Council Expenditure on Advertising on Local Government Reform ............................................................................................... 66

10.2 Notice of Motion No 24/2015 - Need for Reform of Affordable Housing SEPP ........ 67

11.0 QUESTIONS ON NOTICE ...................................................................................... 83

11.1 Question On Notice No 28/2015 - Funds Raised from Dee Why Beach Shed Kiosk ....................................................................................................................... 83

11.2 Question On Notice No 29/2015 - Expenditure on Implementing New W Logo in Warringah ........................................................................................................... 84

11.3 Question On Notice No 30/2015 - Inducements for Support of One Northern Beaches Campaign................................................................................................. 85

12.0 RESPONSES TO QUESTIONS ON NOTICE

Nil

13.0 MATTERS PROPOSED TO TAKE PLACE IN CLOSED SESSION ....................... 87

13.1 General Managers Performance Review 2015/16

13.2 RFT 2015/073 - Natural Environment Services Panel

13.3 RFT 2015/088 - Construction of Collaroy Accessibility Tourism Precinct - Stage 2

13.4 Update on the Manly Warringah Sea Eagles Outstanding Debts

13.5 RFT 2015/083 - Tramshed Arts & Community Centre Building Upgrade Works (Report not available at the time of publishing and will be circulated prior to the meeting)

13.6 RFT 2015/092 - Construction Services for Glen Street Cultural Hub Stage 2 - the New Library (Report not available at the time of publishing and will be circulated prior to the meeting)

13.7 Tree Preservation Order (Report not available at the time of publishing and will be circulated prior to the meeting)

14.0 REPORT OF RESOLUTIONS PASSED IN CLOSED SESSION

REPORT TO ORDINARY COUNCIL MEETING

ITEM NO. 2.0 - 15 DECEMBER 2015

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2.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

2.1 MINUTES OF ORDINARY COUNCIL MEETING HELD 24 NOVEMBER 2015

RECOMMENDATION

That the Minutes of the Ordinary Council Meeting held 24 November 2015, copies of which were previously circulated to all Councillors, be confirmed as a true and correct record of the proceedings of that meeting.



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6.0 GENERAL MANAGER'S REPORTS

ITEM 6.1 MINUTES OF THE SHOROC INCORPORATED BOARD MEETING HELD 25 NOVEMBER 2015

REPORTING MANAGER GENERAL MANAGER

TRIM FILE REF 2015/356054

ATTACHMENTS 1 Minutes of the SHOROC Inc Board Meeting held 25 November 2015 (Included In Attachments Booklet)

REPORT

PURPOSE

To report the decisions of the SHOROC Incorporated Board Meeting held 25 November 2015 as per attached Minutes of the SHOROC Inc Board Meeting held 25 November 2015 for the Council’s information.

REPORT

The Board of SHOROC Incorporated met at Long Reef on Wednesday 25 November 2015. Minutes from the SHOROC Incorporated Board Meeting are submitted for the Council’s consideration.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil

RECOMMENDATION OF GENERAL MANAGER

That Council note the Minutes of the SHOROC Incorporated Board Meeting held 25 November 2015.



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ITEM 6.2 MINUTES OF THE SHOROC INC ANNUAL GENERAL MEETING HELD 25 NOVEMBER 2015

REPORTING MANAGER GENERAL MANAGER


ATTACHMENTS 1 Minutes of the SHOROC Inc Annual General Meeting held 25 November 2015 (Included In Attachments Booklet)

REPORT

PURPOSE

To report the decisions of the SHOROC Incorporated Annual General Meeting held 25 November 2015 as per attached Minutes of the SHOROC Inc Annual General Meeting held 25 November 2015 for the Council’s information.

REPORT

The Board of SHOROC Incorporated met at Long Reef on Wednesday 25 November 2015. Minutes from the SHOROC Incorporated Annual General Meeting are submitted for the Council’s consideration.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil


That Council note the Minutes of the SHOROC Incorporated Annual General Meeting held 25 November 2015.



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ITEM 6.3 MONTHLY FUNDS MANAGEMENT REPORT NOVEMBER 2015

REPORTING MANAGER CHIEF FINANCIAL OFFICER


ATTACHMENTS 1 Application of Funds Invested

2 Councils Holdings as at 30 November 2015

3 Investment Portfolio at a Glance

4 Monthly Investment Income vs. Budget

5 Economic Notes

REPORT

PURPOSE

To report the balance of investments held as at 30 November 2015.

Certification – Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investments Policy number FIN-PL-215.

REPORT

The following attachments are provided as part of the Report:

1. Application of Funds Invested

2. Council’s Holdings as at 30 November 2015

3. Investment Portfolio at a Glance

4. Monthly Investment Income vs. Budget

5. Economic Notes

FINANCIAL IMPACT

Actual year to date investment income to 30 November 2015 was $1,149,681 compared to budgeted income of $1,092,124, a variance of $57,557.

POLICY IMPACT

The investment strategy was reviewed by our Investment Advisors Laminar Group Pty Ltd in August 2015. They confirmed that Council’s investment portfolio is prudently managed and consists of assets appropriate for a Local Government entity and fully comply with legislation and Investment Policy limits.

Performance over the 2015/16 financial year to date, November 2015, is strong having exceeded the benchmark: 3.04%pa vs. 2.47%pa. Council has been proactive in sourcing opportunities in the market whilst investing prudently and managing cash flow.


ITEM NO. 6.3 15 DECEMBER 2015

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That Council note:

A. The report indicating Council’s Funds Management position as at 30 November 2015.

B. The Certificate of the Responsible Accounting Officer and that the report be adopted.

ATTACHMENT 1 Application of Funds Invested


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Application of Investment Funds Description Value ($)

Restricted Funds:

Externally Restricted Section 94 Old Plan Section 94A Plan Contributions

13,467,539 6,860,136

Externally Restricted Reserves Unexpended Grants Domestic Waste

356,902 5,814,645

Internally Restricted Reserves Held to ensure sufficient funds are available to meet future commitments or specific objectives. Employee Leave Entitlements, Bonds & Guarantees, Compulsory Open Space Land Acquisitions, & Insurance.

9,491,387

Unrestricted Funds Funds Allocated to meet Current Budgeted Expenditure

64,913,791

Total

100,904,400

There has been an increase in the investments held of $10,819,794 which is in line with budgeted movements at this time of year.

Reconciliation of Cash Book

Description Value ($)

Council’s Cash Book balance 5,154,835

Kimbriki Bank balance 2,168,944

ATTACHMENT 2 Councils Holdings as at 30 November 2015


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Investments Funds Report - As at 30-Nov-15

Maturity date Face ValueCurrent

YieldBorrower

Standard &

Poor's RatingCurrent Value

Mortgage Backed Securities Investment Group

Weighted Avg Life * Face Value

22-Aug-22 1,401,414 2.7000 Emerald Series 2006-1 Class A AAA 1,100,113

1,401,414 1,100,113

Term Investment Group

01-Dec-15 1,000,000 2.9300 Bank of Queensland Ltd A2 1,000,000

03-Dec-15 2,000,000 3.5500 Bank of Queensland Ltd A2 2,000,000

07-Dec-15 1,000,000 3.1300 National Australia Bank Ltd A1+ 1,000,000




18-Dec-15 1,000,000 2.9000 Suncorp-Metw ay Ltd A1 1,000,000

04-Jan-16 1,000,000 3.2100 Commonw ealth Bank of Australia Ltd A1+ 1,000,000

04-Jan-16 2,000,000 3.0000 Bank of Queensland Ltd A2 2,000,000

08-Jan-16 1,000,000 3.1300 National Australia Bank Ltd A1+ 1,000,000






02-Feb-16 1,000,000 2.9500 Bendigo & Adelaide Bank Ltd A2 1,000,000

09-Feb-16 2,000,000 3.0000 National Australia Bank Ltd A1+ 2,000,000

10-Feb-16 1,000,000 2.8600 Westpac Banking Corporation Ltd A1+ 1,000,000

15-Feb-16 1,000,000 2.9100 Bank of Queensland Ltd A2 1,000,000

23-Feb-16 2,000,000 2.9000 Suncorp-Metw ay Ltd A1 2,000,000

26-Feb-16 1,000,000 2.8100 Commonw ealth Bank of Australia Ltd A1+ 1,000,000

02-Mar-16 1,000,000 2.9500 Bendigo & Adelaide Bank Ltd A2 1,000,000

07-Mar-16 1,000,000 4.0500 National Australia Bank Ltd A1+ 1,000,000

08-Mar-16 500,000 4.0700 National Australia Bank Ltd A1+ 500,000

14-Mar-16 2,000,000 2.9500 Suncorp-Metw ay Ltd A1 2,000,000


22-Mar-16 1,000,000 2.9500 Suncorp-Metw ay Ltd A1 1,000,000


04-Apr-16 2,000,000 2.8000 Suncorp-Metw ay Ltd A1 2,000,000

05-Apr-16 1,000,000 2.9000 National Australia Bank Ltd A1+ 1,000,000

10-Apr-16 1,000,000 2.8600 Westpac Banking Corporation Ltd A1+ 1,000,000

11-Apr-16 1,000,000 2.9100 Suncorp-Metw ay Ltd A1 1,000,000

19-Apr-16 1,000,000 2.8700 National Australia Bank Ltd A1+ 1,000,000

29-Apr-16 2,000,000 2.7900 Commonw ealth Bank of Australia Ltd A1+ 2,000,000

03-May-16 1,000,000 2.9000 National Australia Bank Ltd A1+ 1,000,000

09-May-16 1,000,000 2.8700 Suncorp-Metw ay Ltd A1 1,000,000

10-May-16 1,000,000 2.8600 Westpac Banking Corporation Ltd A1+ 1,000,000

17-May-16 2,000,000 2.9300 National Australia Bank Ltd A1+ 2,000,000

17-May-16 1,000,000 2.8600 Commonw ealth Bank of Australia Ltd A1+ 1,000,000

20-May-16 1,000,000 2.8500 Bank of Queensland Ltd A2 1,000,000

27-May-16 1,000,000 3.0000 Bank of Queensland Ltd A2 1,000,000

02-Jun-16 1,000,000 2.7700 Commonw ealth Bank of Australia Ltd A1+ 1,000,000




04-Jul-16 1,000,000 2.8000 Bank of Queensland Ltd A2 1,000,000

11-Jul-16 1,000,000 3.0000 Bendigo & Adelaide Bank Ltd A2 1,000,000

13-Jul-16 1,000,000 2.9200 Commonw ealth Bank of Australia Ltd A1+ 1,000,000

19-Jul-16 1,000,000 2.9500 Commonw ealth Bank of Australia Ltd A1+ 1,000,000



03-Aug-16 2,000,000 2.9500 Bendigo & Adelaide Bank Ltd A2 2,000,000



12-Aug-16 1,000,000 2.9200 Commonw ealth Bank of Australia Ltd A1+ 1,000,000

23-Aug-16 2,000,000 2.9500 Commonw ealth Bank of Australia Ltd A1+ 2,000,000

01-Sep-16 2,000,000 2.8500 Bendigo & Adelaide Bank Ltd A2 2,000,000

12-Sep-16 1,000,000 2.9100 Commonw ealth Bank of Australia Ltd A1+ 1,000,000



04-Oct-16 1,000,000 2.8000 Bank of Queensland Ltd A2 1,000,000

18-Oct-16 2,000,000 2.9400 Commonw ealth Bank of Australia Ltd A1+ 2,000,000

25-Oct-16 1,000,000 2.9500 Bendigo & Adelaide Bank Ltd A2 1,000,000

09-Nov-16 2,000,000 3.0000 Bendigo & Adelaide Bank Ltd A2 2,000,000

15-Nov-16 1,000,000 2.9300 Commonw ealth Bank of Australia Ltd A1+ 1,000,000

82,500,000 82,500,000

Term Investment Group & Cash Deposit Account

Rollover Date Face Value Current Rate Borrower Rating

Cash Account 2,229,060 1.8000 CBA (Business Saver) A-1+ 2,229,060

17-Jun-16 1,000,000 2.7500 CBA Term Deposit Kimbriki 35810609 AA- 1,000,000

10-Feb-16 8,002,228 2.9500 WBC Term Deposit Kimbriki 11-1208 AA- 8,002,228

26-Feb-16 2,501,992 2.9900 WBC Term Deposit Kimbriki 11-4185 AA- 2,501,992

01-Dec-15 3,571,008 1.5000 CBA Money Market Kimbriki 10162612 AA- 3,571,008

17,304,287 17,304,287

101,205,701 Closing Balance: 100,904,400 * Weighted Average Life is the anticipated date of repayment of Council’s full principal in mortgage backed securities based upon the expected repayment of a critical balance of underlying mortgages. It is calculated by professional actuaries and its use is market convention for securities such as these. Council’s investment policy recognises Weighted Average life dates as appropriate maturity dates for these securities

ATTACHMENT 3 Investment Portfolio at a Glance


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Portfolio Performance vs. 90 day Bank Bill Index over 12 month period.

✔ Council’s investment performance did exceed benchmark.

Monthly Income vs. Budget ✔ Council’s income from investments did

exceed monthly budget.

Investment Policy Compliance

Legislative Requirements ✔ Fully compliant

Portfolio Credit Rating Limit ✔ Fully compliant

Institutional Exposure Limits ✔ Fully compliant

Term to Maturity Limits ✔ Fully compliant

Investment Performance vs. Benchmark

Investment

Portfolio Return (%pa)*

Benchmark: Bloomberg AusBond

Bank Bill Index

Benchmark: 11am Cash Rate **

1 Month 2.96% 2.37% 2.00%

3 Months 2.98% 2.42% 2.00%

6 Months 3.08% 2.49% 2.00%

FYTD 3.04% 2.47% 2.00%

12 Months 3.30% 2.59% 2.15%

* Excludes cash holdings (i.e. bank account, loan offset T/Ds, and Cash Fund) ** This benchmark relates to Cash Fund holdings

ATTACHMENT 4 Monthly Investment Income vs. Budget


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Monthly Investment Income* vs. Budget

$ Nov 15 $ Year to Date

Investment Income 212,271 1,133,853

Adjustment for Fair Value 6,239 15,828

Total Investment Income 218,509 1,149,681

Budgeted Income 199,200 1,092,124

*Includes all cash and investment holdings

In November we have reflected a fair value increase of $6,239 in accordance with AASB 139 Financial Instruments: Recognition and Measurement. It is Council’s intention to hold these investments to maturity and as such no gain of principal will occur in these circumstances. These investments could have been classified as Held-to-maturity investments upon initial recognition under AASB 139 in which case no fair value adjustment would be required through profit or loss. When these investments reach maturity any fair value adjustment which has been taken up will be written back to the Profit and Loss Account.

ATTACHMENT 5 Economic Notes


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Economic Notes

Global economic readings continued to run on balance softer than expected with Quarter 3 GDP readings for

the US, Europe and Japan all missing market predictions. Monthly readings out of the US relating to October

have been a mixed-bag, although non-farm payrolls lifted strongly increasing the probability that the US

Federal Reserve (Fed) may start to lift its funds rate at its mid-December meeting. In China, Europe and

Japan the monetary policy focus is different from the US, looking at ways of providing more assistance to

boost weak economic growth. Australian economic readings have surprised mostly on the positive side of

expectations over the past month, especially local employment readings. The RBA has indicated that it sees

the economy showing signs of improvement and is inclined to leave the local cash rate unchanged, although

it still has capacity to ease policy further in need.

The consistent strength of labour market readings in the US makes it quite likely that the Federal Reserve

will lift the funds rate at its mid-December policy meeting and the balance of comments from senior Fed

officials, including the minutes of the Fed’s October policy meeting, is leaning that way. The next big issue

facing financial markets is the pattern and timing of Fed rate hikes beyond December.

In China, October economic readings still point to the economy struggling to find a base. International trade

data were worse than expected with exports down by 6.9% y-o-y and imports down 18.8% annually.

In Europe, Quarter 3 GDP growth was a touch disappointing at +0.3% quarterly, +1.6% annually, from +0.3%

and +1.2% in Quarter 2. Quarter 3 GDP growth was soft in Europe’s three big economies, Germany +0.3%;

France +0.3% and Italy +0.2%. Spain continued to grow faster than most, up 0.8%, continuing to provide

evidence that the hard hit periphery of Europe is showing signs of bouncing back. September retail sales and

industrial production were softer than expected and fell, respectively -0.1% and -0.3%. On a more positive

note Europe’s unemployment rate fell to a two-year low of 10.8% in October.

In Australia September and October economic readings have mostly taken a positive turn. Retail sales rose

by 0.4% in September after a similar increase in August. Home building approvals lifted by 2.2% in

September. The monthly trade deficit narrowed by more than expected to $A2.3 billion in September from

$A2.7 billion in August. Over the three months ending September the trade deficit narrowed by more than

$A2.5 billion and net exports will make a positive contribution to Quarter 3 GDP growth due early in

December. Employment growth was unexpectedly strong in October, up by 58,600 and bringing the

employment increase over the 12 months ending October to more than 300,000, or up by 2.7% year on year.

The unemployment rate fell unexpectedly in October to 5.9% from 6.2% in September.

Australia still faces a challenging economic environment. Housing activity is in the process of peaking.

Household income growth remains very low – annual wages growth was still a very low 2.3% in Quarter 3.

Mining investment spending will continue to decline for some time and mineral export prices continue to

decline.

The RBA is taking a wait-and-see approach to monetary policy and believes there is some evidence

economic activity is improving even though it downgraded its near-term growth and inflation forecasts in its

latest quarterly Monetary Policy Statement. Another reason that the RBA is waiting before changing the cash

rate is that it sees the effectiveness of monetary policy as being limited at very low interest rates.

Nevertheless the RBA still talks of lowering the cash rate further if demand is soft enough to need further

assistance. In this environment the cash rate is likely to stay low through 2016 extending in to 2017.

Portfolio Performance

The investment portfolio return for the month was 2.96% versus the AusBond Bank Bill Index return of

2.37%. For the financial year to date the portfolio return was 3.04% versus AusBond Bank Bill Index return of

2.47%.



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7.0 COMMUNITY DIVISION REPORTS

ITEM 7.1 WAREHAM RESERVE FRENCHS FOREST - PROPOSED EASEMENT TO DRAIN WATER IN FAVOUR OF 31 FOREST WAY FRENCHS FOREST

REPORTING MANAGER GROUP MANAGER BUILDINGS, PROPERTY AND SPATIAL INFORMATION


ATTACHMENTS 1 Draft Easement Plan

EXECUTIVE SUMMARY

PURPOSE

To consider a request, by an adjacent property owner, for an easement to drain water through a Council reserve (Wareham Reserve Frenchs Forest).

SUMMARY

The owner of 31 Forest Way Frenchs Forest (No. 31) has applied for development consent for a new boarding house at this location. The property is located on the low side of Forest Way, therefore, is required to adequately deal with the stormwater overflow generated from the development. No. 31 applied to Council to obtain an easement to drain water through Wareham Reserve (Council Community Land) for the installation of an underground stormwater drainage pipe for connection to Council’s underground stormwater drainage pipe in Wareham Reserve.

The proposed easement is illustrated in the attached Draft Easement Plan.

FINANCIAL IMPACT

The compensation amount for the proposed easement has been valued by an independent qualified valuer at $4,000 (excluding GST). However, in accordance with Council’s adopted Fees and Charges a minimum compensation fee to Council of $10,000 (excluding GST) for such an easement applies.

POLICY IMPACT

Nil

RECOMMENDATION OF DEPUTY GENERAL MANAGER COMMUNITY

That:

A. Council subject to Item C of this recommendation, authorise a 1 metre wide Easement to Drain Water and associated Positive Covenant, by underground pipe within Lot 38 DP215216 Wareham Reserve Frenchs Forest in favour of 31 Forest Way Frenchs Forest (Lot 8 DP 23064) for an amount in accordance with Council’s adopted Fees and Charges.

B. Council delegate authority to the General Manager to execute the necessary documentation in order to give effect to this resolution.

C. That all costs associated with the granting of the proposed easement and associated Positive Covenant as referred to in item A of this recommendation, including but not limited to, Council’s legal costs, GST if applicable, document registration and reinstatement of land post authorised drainage works, be funded by the applicant.



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REPORT

BACKGROUND

The owner of 31 Forest Way Frenchs Forest (No. 31) has applied for development consent for a new boarding house at this location. The property is located on the low side of Forest Way, therefore, is required to adequately deal with the stormwater overflow generated from the development.

Council’s policy on Stormwater Drainage from Low Level Properties PDS – POL 136 recommends obtaining a drainage easement over the downstream property to Council’s drainage infrastructure as a first option to deal with stormwater disposal.

The proposed easement is illustrated in the Draft Easement Plan attached to this report.

Section 46 (1) (a1) of the Local Government Act 1993 specifically allows for such easements over Community Land and Council has granted similar easements over other Council reserves in the past. The proposed easement will require that the stormwater drainage pipe be placed under the surface of the ground, therefore, the drainage pipe will have minimal impact on the use of the reserve after installation.

Rectification of the Council reserve following installation of the proposed stormwater drain pipe will be done by the applicant and the applicant will be required to submit an appropriate bond, prior to the commencement of construction, for works within the Council reserve. Ongoing maintenance obligations for the underground pipe by the owner of 31 Forest Way will be registered in a Positive Covenant over 31 Forest Way as a condition of granting the proposed easement.

The compensation amount for the proposed easement has been valued by an independent qualified valuer at $4,000 (excluding GST). However, in accordance with Council’s adopted Fees and Charges a minimum compensation fee to Council of $10,000 (excluding GST) for such an easement applies.

CONSULTATION

The application for Easement was publicly notified for a period of 28 days in accordance with Section 47 of the Local Government Act 1993 which included a Public Notice in The Manly Daily on 17 October 2015, notice on Council’s website, notice letters to surrounding property owners and notice signs at Wareham Reserve seeking public submissions. The submission period concluded on 16 November 2014. No objections to the proposed easement were received by Council during the notification period.

ATTACHMENT 1 Draft Easement Plan


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ITEM 7.2 PUBLIC GREEN FEES AT LONG REEF GOLF COURSE



ATTACHMENTS NIL

EXECUTIVE SUMMARY

PURPOSE

To consider an application from Long Reef Golf Club to increase their public green fees.

SUMMARY

Long Reef Golf Club wrote to Council on 23 October 2015 seeking an increase in public green fees.

Long Reef Golf Club last increased in their public green fees in 2012. The income generated by green fees has reduced over the three years to 2015, while the cost of maintaining and improving the course has increased.

Over the three years since the last increase in green fees, membership fees have increased by 5% and CPI has increased by 7.8%.

The Club has therefore requested Council’s consent to increase its green fees by approximately 10% in order to increase revenue and lessen the impact of rising costs. The Griffith Park Plan of Management requires council as the Lessor to only approve green fees rises that are reasonable. One of the key reasons that this valuable public land in Griffith Park is leased as a golf course is to ensure all residents and ratepayers (not just club members) can play golf at a reasonable price. In light of this, a 5% increase in line with membership increases has been recommended.

FINANCIAL IMPACT

Council will see a modest increase in the rent it receives for the lease as Council receives a base rent and an additional percentage of the lessee’s revenue.

POLICY IMPACT

Nil


A. That Council approve an increase in public green fees for Long Reef Golf Club Limited as per the table below:

18 Holes ($) 9/10 Holes

Pensioner

Concession

School Student

Concession

18 Holes 18 Holes 9 (10) Holes 9 (10) Holes 18 Holes 18 Holes

Weekday Weekend Weekday Weekend

52.5 63 31.5 40 21 21

B. That Long Reef Golf Club Limited be required to provide reasonable and appropriate notification of any approved increase to golf course users.



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REPORT

BACKGROUND

Long Reef Golf Club Limited has made a request for Council to consider an increase in the public green fees.

The last increase in public green fees was approved by Council in June 2012. Since that time the club has reported that the actual cost of maintaining and improving the course has increased.

During the period 2012 to 2015, club membership fees have increased by 5%, yet this has not resulted in an increase in the clubs’ revenue.

Table 1 sets out the current and proposed public green fees at Long Reef Golf Course compared with other clubs in Warringah and surrounding areas.

Table 1

Course Current Fees 18 Holes

($)

Current Fees 9/10 Holes

Current Fees

Pensioner Concession

Current Fees School Student

Concession

18 Holes 18 Holes 9 (10) Holes

9 (10) Holes

18 Holes 18 Holes

Weekday Weekend Weekday Weekend

Long Reef (Current)

50 60 30 38 20 20

Long Reef (Proposed)

55 65 33 40 22 22

Long Reef (Council

recommended)* 52.5 63 31.5 40 21 21

Mona Vale 29.50 to

42 65 32 35 32 7.5

Bayview 45 55 32 38 40 17.5

Wakehurst 43 49 27 27 25 25

Warringah 42 42 25 25 28 28

*Council recommended new fees - a 5% increase has been applied, in line with the increase in club membership fees.

CONSULTATION

The proposal was reviewed by Parks, Reserves and Foreshores staff who recommended an increase of 5% in line with the club’s rate of increase in club membership fees.

TIMING

Should Council approve the recommendation to increase the public green fees by 5%, the Long Reef Golf Club Limited intends to increase the public green fees upon giving reasonable and appropriate notification to its users.



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FINANCIAL IMPACT

Council will see an increase in the rent received for the lease as Council receives a base rent and an additional percentage of the lessee’s turnover.

POLICY IMPACT

There are three Council documents which need to be considered

1 Policy GOV-PL883 which allows for the increase in green fees for Council controlled golf clubs.

2. Council will consider public green fee increases for golf clubs in September/October of each year, with any increase to be effective from 1st January each year.

Should extenuating circumstances require, each Club may approach Council outside of this arrangement to receive special consideration for an increase in public green fees.

In this instance, given the last increase was three years ago, it is recommended that the increase be considered now.

2 The lease contains a clause:

3.9 Green Fees

(a) The green fees chargeable to members of the public shall not exceed those as fixed from time to time by the Lessor (acting reasonably).

(b) On the application of the Lessee, the maximum fees fixed under the preceding sub-clause may be varied from time to time by the Lessor (acting reasonably).

(c) The Lessee shall not be obliged to extend to public players the same privileges with regard to fees and charges and use of the Premises as in the case of its own members.”

3 Clause 6.3 Lease and licence purposes of Griffith Park Plan of Management 2011 states that:

green fees being set by Council at a reasonable rate for the public

In this instance, given the last increase was three years ago, it is recommended that Council consider to increase public green fees in accordance with Council’s recommended new fees, as outlined within this report.



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ITEM 7.3 WARRINGAH RECREATION CENTRE - LIVE LIFE GET ACTIVE REQUEST FOR FEE WAIVING



ATTACHMENTS NIL

EXECUTIVE SUMMARY

PURPOSE

To consider continuing to waive the fees payable by Live Life Get Active until 31 August 2016 for the futsal court hire at the Warringah Recreation Centre.

SUMMARY

Live Life Get Active (LLGA) has operated wellbeing programs at the Warringah Recreation Centre (WRC) since August 2014 - a program that has proved to be popular with the community. On average class sizes have been over 20 participants with many classes running at full capacity (30 participants). Positive health and fitness improvements have been reported as a result of the program, which also aligns with Council’s own Healthy Ageing Strategy, even though not all the participants fall into the seniors category. The program clearly provides members of the community with the opportunity to access free health and fitness programs and promotes the profile of the facilities at the Warringah Recreation Centre.

LLGA utilise the WRC futsal court, which is not normally used at this time of the day, so there is no foreseen loss of other potential additional revenue. It is proposed that in the instance that another paying group wish to book the facility, the LLGA Program will move to a grassed area in the WRC which does not have a hiring fee.

Further, it is recommended to also waive reserve fees should, for some unforseen reason, the program is required to move to a reserve area.

FINANCIAL IMPACT

The full amount that would be payable by LLGA for the court hire would total approx. $10,000, being a permanent booking fee ($50 per hour per court) x 5 days x 40 weeks x 1 court hire.

POLICY IMPACT

PL 640 Commercial Fitness Training Activities on Public Open Space and any other relevant legislation and strategic documents that guide the use of Warringah’s Open Space will be relevant.

This program strongly supports the objectives of the Warringah Council’s Ageing Strategy – Living Well Warringah.


That Council waive the court hire fees of approximately $10,000 for the Live Life Get Active organisation at the Warringah Recreation Centre until 31 August 2016.



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REPORT

BACKGROUND

In early 2014, Council received a proposal from the Live Life Get Active (LLGA) program (formerly known as Surf Life Active) to run a fitness camp in Warringah. In response, at the Ordinary Council meeting on 27 May 2014, the Council resolved to:

A. Approve sponsoring the Surf Life Active program for $15,000 (ex GST) for a 40 week trial

B. Approve the waiving of $3,600 in fees for parks/reserves for the program

C. Direct that the program targets the over 55 years age demographic in line with the ‘Living Well Warringah’ Strategy

After further consultation with staff and with LLGA, it was decided that the Warringah Recreation Centre was the most appropriate location. At the 5 August 2014 extraordinary meeting, the Council resolved to:

“Approve the additional waiving of $9,000 in fees for court hire at the Warringah Recreation Centre for the LLGA Program.”

It was also reported to the Council that Community Services would be funding an additional $1,000 so that yoga could be included in the offering – totalling a $16,000 investment to be funded from the Community Services budget and outside of Council’s Annual Grants Program.

Program Information

Live Life Get Active offer free health, fitness and nutritional education online and in various parks to adults across Australia. They provide this service through local government and corporate sponsorship.

Live Life Get Active have been holding various styles of free fitness classes each week day from 9:30am for 45 minutes on a futsal court at the Warringah Recreation Centre. These sessions are run by qualified and insured personal trainers who are also qualified in first aid and CPR.

The approved pilot program was due to conclude on 20 August 2015 and as the end of the trial period was nearing, Council staff met with LLGA representatives on 22 July to discuss the future of the program in Warringah. A number of options were discussed, including LLGA seeking corporate sponsorship to fund another camp and the possibility of charging participants a small fee, as there was no evidence to suggest that the participants could not afford such a cost.

In the light of the fact that council did not have budgeted funding of $16,000 to continue financially supporting the LLGA program and it did not specifically target senior residents LLGA were informed that council could no longer financially underwrite the program.

Since that time LLGA has continued to operate classes at the Warringah Recreation Centre. LLGA CEO Amanda King has informed council that this has been a popular fitness camp and they are keen to continue its funding it with their own resources. All they require is an in kind fee waiver for the use of the WRC.

The program does assist in helping residents access information and training to live a healthier lifestyle and would warrant council support for an in kind fee waiver for the use of the WRC facilities.

FINANCIAL IMPACT

The full amount that would be payable by LLGA for the court hire would total approx. $10,000, being a permanent booking fee ($50 per hour per court) x 5 days x 40 weeks x 1 court hire.



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POLICY IMPACT

PL 640 Commercial Fitness Training Activities on Public Open Space and any other relevant legislation and strategic documents that guide the use of Warringah’s Open Space will be relevant.

This program strongly supports the objectives of the Warringah Council’s Ageing Strategy – Living Well Warringah.



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ITEM 7.4 DRAFT - AMENDMENT OF 2015/16 FEES AND CHARGES - BROOKVALE OVAL HIRE FEES



ATTACHMENTS NIL

EXECUTIVE SUMMARY

PURPOSE

To endorse for public notification the recommended amendment of the 2015/16 Fees and Charges, to incorporate hire fees for the use of Brookvale for NRL competition and trial matches where no other agreement is in place.

SUMMARY

The Manly Warringah Sea Eagles terminated their licence agreement for the use of Brookvale Oval on 16 October 2015, and as such have no agreement to use Brookvale Oval for the 2016 season. Despite this, the NRL has scheduled ten competition matches at Brookvale Oval for the 2016 season.

Under the previous licence agreement, the Manly Warringah Sea Eagles paid a licence fee of $375,000 + GST, plus a $1 infrastructure levy for all General Admission attendees.

Council recommends that hire fees for NRL competition and trial matches should be included in Council’s 2015/16 Fees and Charges as follows:

a) Permitted Use – NRL competition matches, NRL trial matches and other NRL related activities. All other usage must be approved by Council in writing prior to occupation.

b) Area Available for Hire – For NRL competition and trial matches, the entire facility will be covered by the fee. For lower grade and junior matches within the Booking Period, the playing surface, grand stands, change rooms and FB1 kiosk will be covered by the fee.

c) Booking Period – five days. All other usage outside of the Booking Period will trigger a new booking (as per Council’s Fees and Charges).

d) Booking Fee - $45,000 + GST. A $2,000 + GST per day charge will be applied for each additional day of use over and above the Booking Period, including time spent rectifying any non-compliance of Council’s Bump In/Bump Out procedure. A new NRL competition match or trial match will constitute another Booking Period.

e) Other Costs –

i. Utilities (power, water etc) - $2,000 per Booking Period (includes floodlighting)

ii. Operational staffing costs – Council staff are available to assist the hirer at any time with operational issues at the following prevailing rates:

Council Officer - $100 per hour

Senior Council Officer - $150 per hour

iii. Cleaning and rubbish collection – at the hirers expense

iv. On call plumber and electrician – at the hirers expense



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f) Cash Bond – 20% of the Booking Fee, which will be drawn down by Council to rectify any non-compliance with Bump In/Bump Out procedure.

g) Revenue Derived from Brookvale Oval Usage - Council recommends that the hirer should receive all income derived from their usage, including ticket sales (general admission, corporate tickets and memberships), television rights, signage revenue and food and beverage revenue.

FINANCIAL IMPACT

The net impact to Council is within budget parameters

POLICY IMPACT

Nil


A. That Council endorses, subject to compliance with the requirements of the Local Government Act 1993:

a) New hire fees for Council’s 2015/16 Fees and Charges to be publicly exhibited for 28 days for National Rugby League competition and trial matches at Brookvale Oval, and reported back to Council.

b) That proposed hirers will be subject to further terms and conditions of hire within a separate document.

B. That Council only accept bookings for National Rugby League competition and trial matches if all hire fees are paid in full (Booking Fee, Cash Bond and cost for Utilities) prior to the Booking Date.



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REPORT

BACKGROUND

The Manly Warringah Sea Eagles terminated their licence agreement for the use of Brookvale Oval on 16 October 2015.

Under the previous licence agreement, the Sea Eagles paid an Occupation Fee of $375,000 + GST in monthly installments from February through to October. In addition, the Sea Eagles paid a $1 infrastructure levy for all General Admission attendees.

Under the previous licence agreement, MWSE receive the income from their usage, including ticket sales (general admission, corporate tickets and memberships), television rights, signage revenue and food and beverage revenue.

Warringah Council returns an annual net operating loss of approximately $200,000 per annum for the facility, before the impact of capital renewals costs are incurred.

CONSULTATION

Council will notify the Community of the proposed Fees and Charges under the provisions of the Local Government Act.

TIMING

The proposed hire fees are scheduled to commence immediately following Council’s endorsement.

FINANCIAL IMPACT

The net impact to Council is within budget parameters.

POLICY IMPACT

Nil



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8.0 ENVIRONMENT DIVISION REPORTS

ITEM 8.1 REPORTING VARIATIONS TO DEVELOPMENT STANDARDS - STATE ENVIRONMENTAL PLANNING POLICY NO. 1 - DEVELOLPMENT STANDARDS AND CLAUSE 4.6 OF WARRINGAH LOCAL ENVIRONMENT PLAN

REPORTING MANAGER DEVELOPMENT ASSESSMENTS MANAGER


ATTACHMENTS NIL

EXECUTIVE SUMMARY

PURPOSE

To report to Council variations to development standards granted under State Environmental Planning Policy No.1 – Development Standards (SEPP 1) or under Clause 4.6 of the Warringah Local Environment Plan (WLEP) 2011 as required by the NSW Department of Planning and Environment.

SUMMARY

During the period 1 July 2015 and 30 September 2015, the following variations were granted:

Nil variations under State Environmental Planning Policy No.1 – Development Standards

16 variations under Clause 4.6 of Warringah Local Environment Plan 2011.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil

RECOMMENDATION OF DEPUTY GENERAL MANAGER ENVIRONMENT

That Council note:

A. The report identifying all State Environmental Planning Policy No.1 variations granted between 1 July 2015 and 30 September 2015, and

B. The report identifying all Clause 4.6 of the Warringah Local Environment Plan variations granted to Development Applications between 1 July 2015 and 30 September 2015.



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REPORT

SEPP 1 Variations Granted

No SEPP 1 variations were granted between 1 July 2015 and 30 September 2015 inclusive.

Clause 4.6 Variations Granted

The following applications had a Clause 4.6 variation granted between 1 July 2015 and 30 September 2015 inclusive.

App. No. Address Proposal Clause 4.6 Development Standard

% of variation

Determined by

Mod2015/0058 1085 & 1087 Pittwater Road & 1 Eastbank Avenue Collaroy

Residential - Alterations and additions

4.3 Height of buildings

9.5

Delegated Authority

DA2014/1321

11 Farnell Street Curl Curl



13.27

Delegated Authority

DA2015/0329

5 Curl Curl Parade Curl Curl



8.94

Delegated Authority

DA2015/0412

9 Karabah Place Frenchs Forest



8.2 Delegated Authority

DA2015/0428

24 Lincoln Avenue Collaroy



15 Delegated Authority

DA2015/0437

39 Parkes Street Manly Vale



20 Delegated Authority

DA2015/0438

131 Victor Road Dee Why




DA2015/0464

65 Keldie Street Forestville



10.94

Delegated Authority

DA2015/0171

20 Lancaster Crescent Collaroy

Residential - Single new detached dwelling



DA2015/0442

1 Florence Avenue Collaroy




DA2015/0446

13 Wonga Street North Balgowlah




DA2015/0353

92 &94Ocean Street Narrabeen

Residential - New multi unit


12.94

Delegated Authority



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DA2014/1369

4 Niangala Close Belrose

Commercial/Retail/Office 4.3 Height of buildings

75.18

Delegated Authority

DA2015/0301

20 Roger Street Brookvale

Mixed


14.5

Delegated Authority

DA2015/0431

1, 3 & 4Lae Place Allambie Heights

Subdivision only

4.1 Minimum subdivision lot size

6.6

Delegated Authority

DA2015/0764

20 Surf Road North Curl Curl

Subdivision only

4.1 Minimum subdivision lot size

28.47

Delegated Authority



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ITEM 8.2 MINUTES OF THE MANLY LAGOON CATCHMENT COORDINATING COMMITTEE MEETING HELD 30 JULY 2015

REPORTING MANAGER GROUP MANAGER NATURAL ENVIRONMENT


ATTACHMENTS 1 Manly Lagoon Catchment Coordinating Committee Minutes of meeting 20150730 - Revised following amendments (Included In Attachments Booklet)

EXECUTIVE SUMMARY

PURPOSE

To report the minutes of the Manly Lagoon Catchment Coordinating Committee meeting held 30 July 2015.

SUMMARY

Councillor Heins represented Warringah Council. Councillor Burns chaired the meeting and represented Manly Council with Councillor Bingham. Reporting of these minutes has been delayed due to correction of the recommendations and subsequent endorsement by committee members.

The key items discussed at this meeting were:

Innovative Research within Manly Lagoon

Manly Lagoon Floodplain Risk Management Study and Plan

Manly West Park Sediment Basin Project

Revisiting the Manly Lagoon Integrated Catchment Management Strategy Action Matrix

Funding Opportunities for future Manly Creek restoration projects

Threats to Manly Warringah War Memorial Park

Addiscombe Road Contaminated Site Monitoring

The minutes of the previous meeting held 30 April 2015 were confirmed by the Committee.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil


That Council note the Minutes of the Manly Lagoon Catchment Coordinating Committee meeting held on 30 July 2015.



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REPORT

BACKGROUND

The main function of the Manly Lagoon Catchment Coordinating Committee (MLCCC) is as an advisory body to both Warringah and Manly Councils on matters concerning the management of Manly Lagoon and its catchment. Membership of the Committee comprises representatives from the elected Councils of Warringah and Manly, local community, State Government and Council Officers. Meetings are held quarterly. Councillor Heins represented Warringah Council. Councillor Hugh Burns chaired the meeting and represented Manly Council along with Councillor Bingham. Reporting of these minutes has been delayed due to correction of the recommendations and subsequent endorsement by Committee members at the meeting of 29 October 2015.

The key issues discussed at this meeting are summarised below:

Innovative Research within Manly Lagoon

Mr Turnbull provided a presentation on upcoming works to rehabilitate a section of Brookvale Creek adjacent to Warringah Golf Course, and scientific research being conducted within Manly Lagoon.

The collaborative research project between Warringah Council, the University of Western Sydney (School of Health and Science) and the NSW Office of Environment and Heritage aims to determine whether oysters can be used to restore water quality and enhance biodiversity of eutrophic lagoons.

Manly Lagoon Floodplain Risk Management Study and Plan

Mr Turnbull provided an update on the Manly Lagoon Floodplain Risk Management Study. While slightly delayed, floor level survey estimates are progressing and flood damage assessments are continuing, with delivery of the final plan on schedule.

Manly West Park Sediment Basin Project

Mrs Femia provided an update on the Sediment Basin, constructed in lower Burnt Bridge Creek, upstream of Manly Golf Course. The sediment basin has been constructed using sheet piling and bracing. The next stage of works will take place when a response to the funding variation request is received from OEH Grants Unit.

Revisiting the Manly Lagoon Integrated Catchment Management Strategy (ICMS)

Dr Lambert suggested to the committee that the Manly Lagoon Integrated Catchment Management Strategy (2004) should be reviewed. Technical staff from both Councils will meet to assess the ICMS Action matrix and update it where required.

Funding Opportunities for future Manly Creek restoration projects

The priority of a restoration project for Manly Creek was discussed. The Committee was informed that grants are available from a variety of agencies for restoration/rehabilitation projects in the catchment. These grants are open to any organisation, community group or individual, a web link was provided.

Threats to Manly Warringah War Memorial Park

The Committee expressed their concern over a range of potential developments in catchment bushland areas. The expansion proposal of Manly Vale Public School, potential sale of Sydney Water land in Seaforth and the proposed lease of land at the Warringah Aquatic Centre were discussed in relation to the potential loss of native bushland and its significance to the War Memorial Park.



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Addiscombe Road Contaminated Site Monitoring

Mr Stuart provided an update on plans to undertake groundwater sampling for the first part of the Voluntary Management Plan and the allocation of funding from Manly Council’s 2015/16 Environment Levy.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil



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ITEM 8.3 ADOPTION OF WATER MANAGEMENT POLICY

REPORTING MANAGER GROUP MANAGER NATURAL ENVIRONMENT


ATTACHMENTS 1 Water Management Policy (Included In Attachments Booklet)

2 Building Over and Adjacent to Constructed Council Drainage Systems and Easements Policy PAS-PL 130 (Included In Attachments Booklet)

3 On-site Stormwater Detention Rainwater Reuse Policy PAS-PL 100 (Included In Attachments Booklet)

4 Removal of Private Trees Threatening Council Stormwater Pipes ENV-PL 415 (Included In Attachments Booklet)

5 Stormwater Drainage Policy ENV-PL 410 (Included In Attachments Booklet)

6 Stormwater Drainage from Low Level Properties PDS-POL 136 (Included In Attachments Booklet)

7 Water Sensitive Urban Design Policy - STR-PL 820 (Included In Attachments Booklet)

8 Water Sensitive Warringah Strategic Plan (Included In Attachments Booklet)

EXECUTIVE SUMMARY

PURPOSE

To report on the outcomes of the public exhibition of the draft Water Management Policy, and to seek Council’s endorsement to adopt the Water Management Policy and rescind six superseded policies.

SUMMARY

At the Ordinary Council meeting of the 27 October 2015, it was resolved:

“That Council place the draft Water Management Policy on public exhibition for a period of 28 days”.

In response, the draft Policy was publicly exhibited from 28 October 2015 until 25 November 2015.

The draft Policy was advertised in a number of locations including the Your Say Warringah webpage, twice in the Manly Daily “Warringah Update”, twice in the Warringah Matters newsletter, emailed to 7500 community members within the Warringah Engagement Update and hardcopies placed at Civic Centre and Dee Why Library.

A total of five community submissions and two staff submissions were received with minor amendments made to the draft policy in response.

FINANCIAL IMPACT

Nil

POLICY IMPACT

This report creates one overarching Water Management Policy and rescinds six superseded policies.



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That Council:

A. Adopt the Water Management Policy

B. Rescind the following six policies that have been incorporated into the Water Management Policy:

1. Building Over or Adjacent to Constructed Council Drainage Systems and Easements Policy PAS-PL 130.

2. Onsite Stormwater Detention Rainwater Reuse for Single Residential Dwellings Policy PAS-PL 100.

3. Removal of Private Trees Threatening Council Stormwater Pipes Policy ENV-PL 415

4. Stormwater Drainage for Low Level Properties Policy PDS-POL 136

5. Stormwater Drainage Policy ENV-PL 410

6. Water Sensitive Urban Design Policy STR-PL 820A



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REPORT

BACKGROUND

A review of Council’s existing water management policies has highlighted that having multiple water related policies does not provide a clear, consistent or effective framework for sustainable water management in the LGA. In addition, many existing policy provisions are out-dated and do not meet current best practice.

The draft Water Management Policy aims to improve clarity for residents and developers by centralising six current water related policies into one policy. The draft Policy reflects current best management practices; defines a clear set of triggers to identify when particular development controls apply; and encompasses all forms of water (stormwater, wastewater, groundwater, drinking water and rainwater), some of which are not reflected in Council’s current policies. The draft Policy also supports the implementation of the Water Sensitive Warringah Strategic Plan.

At the Ordinary Council meeting of 27 October 2015, it was resolved:

“That Council place the draft Water Management Policy on public exhibition for a period of 28 days”.

In response, the draft Policy was publicly exhibited from 28 October 2015 until 25 November 2015.

The draft Policy has been amended in response to the submissions. Change are noted in green text, bold and underlined.

CONSULTATION

The draft Policy was placed on public exhibition of following the Council meeting of 27 October 2015 for a period 28 days that ended on 25 November 2015.

The draft Policy was advertised in the following locations:

Your Say Warringah website. The page had a total of 189 visits from 160 visitors with documents downloaded 124 times.

Manly Daily “Warringah Update”, 31 October 2015 & 21 November 2015

Warringah Matters - 6 November 2015 & 10 November 2015

Emailed to 7500 community members within the Warringah Engagement Update on 19 November 2015 (1500 Your Say Warringah members and 6000 email engagement members).

Hard copies at Warringah Council Civic Centre & Dee Why Library 27 October 2015 – 25 November 2015.

In response, Council received five community submissions and two staff submissions. The table below provides a summary of the submissions and Council’s response to each.



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Sub-mission Submission Summary Council Response Section

1 Point 1:

Concern that Council’s Policy was inhibiting the legal right of a person to use their rainwater tank for drinking water supply.

Point 1:

The intention of this clause is to prevent backflow issues and not to inhibit the use of rainwater for potable purposes. The section has been updated to clarify this.

Section updated.

7.1.2 - Rainwater Tanks (pg. 10)

2 Point 1:

Requests that all catchments of Narrabeen Lagoon be required to comply with the higher Group A & B water quality requirements as some parts of the catchment are

Point 2:

Requests that water quality measures be requirements rather than targets.

Point 3:

Requests Policy mention ongoing coordination with Sydney Water for sewer overflows.

Point 1: Table 4 has been updated so that a single set of targets apply across the LGA. This will be much clearer to applicants and will satisfy the issue raised in this submission as it applies the higher standard. This is consistent with the approach of other councils including Ku-ring-gai Council which shares similar geology to the Warringah area. Table 4 updated.

Point 2:

The use of the word “target” in the Policy is considered interchangeable with the term “requirement”.

However, where the term “target” is used has been replaced by the word “requirement” to improve clarity. Section updated.

Point 3:

This is not relevant to the draft Policy. No change to Policy required.

Table 4 – General Stormwater Quality Performance Targets (pg. 13)

3 Point 1:

Concern that the Policy was forcing residents downstream/adjoining a development to consent to an easement.

Point 2:

Concern about adequate drainage in the street.

Point 1:

The Policy does not force any person to obtain an easement, or agree to an easement on their property.

The creation of easement must be by mutual agreement by all concerned parties, or alternative options must be sought by the applicant. No change to Policy required.

Point 2:

This issue is not relevant to the Policy but rather a stormwater infrastructure matter. Staff have contacted the respondent directly to investigate the capacity issues in her street.

No change to Policy required.

5.1 - General (c) (pg. 7)



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4 Point 1:

Due to the environmental impact associated with increase in impervious surfaces, requests developments with an impervious area greater than 40% to be subject to water quality requirements.

Point 1:

It is considered feasible to apply the water quality requirements for subdivision resulting in the creation of two (2) lots where the impervious area of 40% is exceeded, however is not feasible on highly constrained sites such as small lot/high density commercial allotments. Table 2 has been updated to satisfy this submission. Table 1 updated

Table 1 (pg. 5)

5 Point 1:

Concerned about the site area where water quality controls apply, increased density and impervious area of residential development and that simple water quality measures should be included for single lots.

Point 2:

Add the following text to Section 5 -

Disposal of Stormwater

Prevent / reduce pollution in

waterways

Avoid adverse impacts on

downstream waterways Point 3: Include: Adjacent to National Parks, bushland in public reserves, and areas zoned for environmental protection in Table 2.

Point 1:

The draft policy required a development site to be at least 2500 m

2 before water

quality controls apply. Based on the submission, the site area is now 1000 m

2

for all developments, except single lot residential development. Impervious area for all developments is now only allowed to be increased by 50m

2 before controls

apply.

In addition, where the impervious area of a site exceeds 40% for a subdivision (resulting in the creation of two (2) lots), water quality requirements will now apply.

Single residential developments over $50,000 are also generally required to install a rainwater tank under the BASIX scheme. Rainwater tanks improve water quality and are considered appropriate for single residential development. Definition for Single Lot Residential Development and Site Area have been clarified to be consistent to the Warringah Local Environment Plan 2011. Table 1, 2 & Definitions updated.

Point 2:

Section 5 updated to include words to this effect. Section updated.

Point 3: As with submission 2, Table 4 has been updated so that a single set of targets apply across the LGA (at the higher standard).

Table 1 & 2 (pg.5) & Section 17 – Definitions (pg. 24)

Section 5

Disposal of

Stormwater

(pg. 7)




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Point 4:

Concerned about discharge in environmentally sensitive catchments and the catchment groupings of the Warringah Creek Management Study are too broad to identify specific sites which would affect environmentally sensitive land within a Group C catchment.

Point 5

The performance targets should relate to the condition of the waterway and the appropriate water quality criteria rather than the percentage reduction compared with the proposed development without treatment.

Point 6

Monitoring and controls are required re the use of groundwater to ensure that the water table does not decline dramatically and the use of groundwater is sustainable

Point 7

Observations that water sensitive urban design measures would have been preferable to improve urban amenity and the environment.

Point 8 The current policies have much

Developments discharge into National Parks, bushland and public reserves, waterways and the like, are also required to comply with sections 5.4 (pg. 9) and 8.4 (pg.17) which details specific measures to mitigate direct impacts such as erosion and scour to downstream areas. Requirements include the use of level spreaders and infiltration systems.

Table 4 updated

Point 4:

As with submission 2, Table 4 has been updated so that a single set of targets apply across the LGA (at the higher standard).

Table 4 updated

Point 5

For development in close proximity to sensitive environments such as wetland, water quality controls in Table 3 (pg. 13) do not use a percentage reduction criteria, but rather are to demonstrate no impact on the receiving environment (refer section 8.1.1).

No change to policy required

Point 6

The draft Policy does provide monitoring and discharge requirements, however as the author notes the licensing of groundwater discharge is the responsibility of the NSW Office of Water.

A minor amendment has been made to reference the water quality discharge provisions in Section 8.3 – Erosion, Sediment and Pollution Controls.

Section 8.2 updated

Point 7

Section 5.1 has been updated to refer to water sensitive urban design.

Section 5.1 updated

Point 8 The draft Policy provides a clear and concise framework that provides a clear alignment from the requirements to the over-arching principles. The detailed



Section 8.2 – Groundwater Management (pg. 15)

Section 5.1 – General (pg. 7)

Section 2 – Principles (pg. 4)



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more detailed information relating to the purpose, policy and principles.

information in existing policies have been retained and transferred to the technical specifications which are referenced by the Policy. The intention was to ensure the overarching policy provides clear and concise direction, with references to more detail if required. No change to Policy required

6 (staff)

Heading 7.1 – Water Conservation & Reuse was omitted from Table 1 in error. Now re-instated as originally intended.

Heading in Table 2 refers to Section 8.3 – Erosion, Sediment and Pollution Controls. This should refer to 8.1 Stormwater Quality. References corrected.

Table 1 and 2 updated Table 1 (pg. 5)

Table 2 (pg. 6)

7

(staff)

Minor wording changes to 7.2 to improve clarity

Section 7.2 updated Section 7.2 – On-site Sewage Management

TIMING

Nil

FINANCIAL IMPACT

Nil

POLICY IMPACT

This report creates one overarching Water Management Policy and rescinds six superseded policies.



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ITEM 8.4 ADOPTION OF URBAN FOREST POLICY

REPORTING MANAGER GROUP MANAGER PARKS RESERVES & FORESHORES


ATTACHMENTS 1 Draft Urban Forest Policy

EXECUTIVE SUMMARY

PURPOSE

To present the draft Urban Forest Policy to Council for adoption.

SUMMARY

An urban forest is defined as the totality of trees and shrubs on all public and private land in and around urban areas (including bushland, parkland, gardens and street trees) and is measured as a canopy cover percentage of the total Warringah local government area. Urban forestry is the planned, systematic and integrated management of urban trees.

The Warringah community is fortunate in having a unique living environment characterised by its bush and beach. The urban forest is an integral part of this landscape. The Warringah local government area is ranked third highest amongst urban council areas in NSW for tree canopy coverage, which is a very good result. However, Council faces an issue over the next decade as street trees and private trees planted during the creation of subdivisions from the 1950s to 1980s begin to reach the end of their lives. This aging will accelerate the number of tree removals as public authorities and private land holders seek to mitigate risk of branch and tree failures. Currently the best practice approach to dealing with these issues is the urban forestry approach.

To this end Council developed a draft Urban Forest Policy to make a clear statement that Council values its urban forest and intends to utilise an urban forestry approach to its management. Council engaged the community on the draft Urban Forest Policy earlier in 2015, the results of which are summarised in the body of this report.

The next step will be to develop an Urban Forest Strategy which will include actions and tools to achieve the objectives of the Policy. This document will be developed in 2016 – 2017.

FINANCIAL IMPACT

The preparation of the Urban Forest Strategy has been budgeted for in 2016 – 2017.

POLICY IMPACT

To implement the Urban Forest Policy a strategy will be developed in 2016 - 2017.


That Council adopt the Urban Forest Policy.



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REPORT

BACKGROUND

An urban forest is defined as the totality of trees and shrubs on all public and private land in and around urban areas (including bushland, parkland, gardens and street trees) and is measured as a canopy cover percentage of the total Warringah local government area. Urban forestry is the planned, systematic and integrated management of urban trees.

The Warringah community is fortunate in having a unique living environment characterised by its bush and beach. The urban forest is an integral part of this landscape. The Warringah local government area is ranked third highest amongst urban council areas in NSW for tree canopy coverage, which is a very good result. However, Council faces an issue over the next decade as street trees and private trees planted during the creation of subdivisions from the 1950s to 1980s begin to reach the end of their lives. This aging will accelerate the number of tree removals as public authorities and private land holders seek to mitigate risk. Currently the best practice approach to dealing with these issues is the urban forestry approach.

Urban forestry is the planned, systematic and integrated approach to managing the urban forest. The principles of urban forestry can be broadly broken down into the following:

Planned Management – An urban forest strategic plan is fundamental to achieving the optimal development and quality of the urban forest.

Systematic Management – Adequate resources are invested and these are managed effectively and efficiently.

Integrated Management – All relevant stakeholders must work in an integrated manner to achieve the best outcomes for urban areas.

The benefits of this approach is that rather than looking at trees as individual trees with no economic value and managing trees on a reactive basis, Council will manage the trees as a network of assets consistent with the management of other Council assets which will allow for better decision making, reduction in reactive maintenance costs and better environmental, social and design outcomes.

A healthy urban forest is vital for a sustainable natural environment and healthy communities. The Local Government and Shires Association of NSW states in their Urban Forest Policy (2003) that urban forests provide “scientifically proven and quantified benefits including energy conservation, reduction of atmospheric contaminants, enhanced property values, reduction in storm water run-off and increases in social well-being”. In addition in 2015 the ‘European Centre for Environment and Human Health’ University of Exeter Medical School highlighted that “there is a growing body of evidence that suggests that time spent in natural environments can improve physical and mental health”.

Risks to Council’s Urban Forest

The future of Warringah’s urban forest is particularly precarious at present due to a variety of factors including:

Ageing tree resource, resulting from bulk planting of like species of trees during the establishment of subdivisions in the latter part of the last century. This means that a large percentage of the urban forest is declining at a similar rate. This will lead to an increase in tree removals over the next decade.

Infrastructure managers are seeking to remove trees to mitigate risks to infrastructure and reduce exposure to insurance claims.

Minimal efforts to accommodate trees in the built environment.



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Urban consolidation impacting on existing trees and reducing available space for tree planting.

New South Wales Rural Fire Service 10/50 Vegetation Clearing Code of Practice for the State will in all likelihood lead to the removal of more private trees than previously.

Consequences of allowing the trend to continue

The loss of urban forest may:

Increase the risk of slope destabilisation (environmental consequence).

Increase urban heat island impacts (environmental consequence).

Reduce carbon sequestration (environmental consequence).

Decrease stormwater absorption (environmental consequence).

Decrease habitat corridors (environmental consequence).

Increase heating and cooling costs (economic consequence).

Reduce property values due to decreased aesthetic appeal (economic consequence).

Reduce the ability to absorb air pollution leading to potential health issues (social impact).

Impact on well-being (social impact).

The increasing deficit between removals and plantings will also increase the time and the cost to restore canopy levels to pre-existing levels.

Other risks

Besides the consequences listed above, there are a number of risks associated with not taking a more systematic asset management approach. These include but are not limited to:

Increased number of tree failures if the canopy is allowed to decline without intervention.

Increased costs in reactive management of trees if systematic renewal of urban forest is not undertaken resulting in higher risks to private and public infrastructure and greater costs.

Increased risk of failure and increased costs of maintenance and renewal of public infrastructure if an integrated approach to tree management is not adopted.

How will the Draft Urban Forest Policy arrest and reverse this decline?

The draft policy states that Council will set a sustainable target for canopy coverage through the development of the Urban Forest Strategy. It proposes to do this through adopting the urban forestry approach to managing trees in Warringah.

Council can facilitate this through incorporating urban forestry principles in relevant planning documentation, developing good policy and procedures, and taking an asset management approach to tree management. These practices, and actions to facilitate them, will be incorporated in an Urban Forest Strategy if this policy is adopted. .

This approach will provide infrastructure managers, strategic planners and Council with the tools to be able to maintain the urban forest whilst mitigating risk to infrastructure and facilitating more sustainable development.



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Implementing the Draft Urban Forest Policy

The following are considered key actions that will lead to the successful implementation of the Urban Forest Policy, if adopted:

Implement cultural change throughout the organisation to integrate the management of trees into asset management and planning rather than viewing it as separate activity. This is exemplified through the table below:

Work on ways to influence private development and landholders to recognise the value of trees for the reasons outlined above.

Develop an Urban Forest Strategy which includes:

a) Identifying key challenges and issues that need to be addressed including:

a. Competition for space

b. Climate change

c. Urban heat island effect

d. Pests and diseases

e. Aging tree population

f. Community expectations

g. Risk management

b) More detailed canopy analysis to better understand where we need to focus planting strategies.

c) Detailed analysis into land use and ownership to better understand who can assist with implementation.

d) Assessing usage of current green spaces to identify planting opportunities



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e) Development of an implementation action plan to address challenges and:

a. Increase canopy cover

b. Improve urban forest diversity

c. Increase community knowledge and engagement

d. Introduce frequent monitoring and reporting on proactive asset management regimes such as planting and canopy monitoring

CONSULTATION

The draft Urban Forest Policy (Policy) was on public exhibition from 12 February 2015 until 12 March 2015. In this time the draft Policy was displayed on Your Say Warringah and in hard copy form at each library and Council’s Customer Service Centre. The following activities were conducted to make people aware of the policy:

Advertisement in Warringah Update on 14 and 28 February and 7 March 2015

Notification to subscribers to Council Community Engagement Register

Prominent placing on Council’s Community Engagement webpage

Two Community drop-in sessions were held on 26 February 2015, which six people attended and another on 3 March 2015 which 10 people attended.

The activity on Your Say Warringah included:

220 site visits

406 unique page views (that means people clicked around the site 406 times – i.e. people looked at more than one page)

63 document downloads and

Seven online submissions in addition to four submissions received via traditional mail.

A number of issues were raised in the 11 submissions that were received. These are summarised in the table below:

Issue Number of submissions addressing this issue

Response

Support for draft Policy 11 Supported noted

Policy does not do enough to support native tree and shrub plantings

2 It is implicit within the principles that endemic species of trees are very important to health of urban forest. However the Policy is broad and seeks to promote a wide variety of trees that are appropriate for developed urban spaces as well. No change to Policy.

Increase education around the issues raised in the Policy

4 Increasing education will be a key plank in achieving the goals set in the Policy. Specific education programmes will be developed further through the development of the Urban Forest Strategy. An easy win will be promoting



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Issue Number of submissions addressing this issue

Response

council’s programme to replace street trees, if the local residents will help establish the new trees. An additional principle has been added to the Policy to reflect this important point.

It is unclear what land in the LGA the Policy applies to

2 The Policy has been amended to include making it clear what areas of the LGA the Policy applies to.

Rural Bushfire Service 10/50 code will make it impossible to achieve the goals in the Policy

2 The RFS 10/50 code has allowed for private trees to be removed within 10 metres a domestic residence. There have been many removals on private land under the 10/50 code of practice however the percentage of removals under this code are immaterial when considering the canopy coverage for the entire Local Government Area. No change to Policy.

Risk has not be adequately addressed in regard to Council plantings in streets

1 Council has modified its practices in regards to species selection for street trees. These changes in practice will be codified in the Urban Forest Strategy. It is also inherent in the management of trees as assets that species selection, location, adjacent infrastructure etc. is all considered in managing the risk of any new plantings. No change to Policy.

Weed management 2 Weed management is an important function of Council however it is not within the scope of the Urban Forest Policy. No change to Policy.

Managing decline of private trees

3 Managing the decline of private tree canopy is one of Council’s biggest challenges. These trees account for over half the total canopy. As part of the Urban Forest Strategy actions will be developed to encourage trees to be protected or integrated into developments and in worst case scenarios, offset planting elsewhere in the Local Government Area. No change to Policy.

Concern of timeframe for restoration of canopy

1 The timeframe specified in the Policy reflects that even if all trees that are removed were replaced immediately there is a lag in time before the new tree matures to a point where its canopy has the same extent as the removed tree.

Internal Consultation

Concurrently with the public exhibition of the draft Urban Forest Policy staff from Roads, Traffic and Waste, Natural Environment, Strategic Planning, Buildings, Property and Spatial Information and



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Development Assessment and Compliance were consulted. This consultation process has resulted in a number of amendments, which include:

Rewording the canopy target principle from setting a specific target to “set a sustainable canopy coverage target through the development of the Urban Forest Strategy.” This reflects concerns about the practicality of the previous target

Providing more emphasis on the urban forest’s crucial role in providing habitat corridors

Including a principle that enables Council to compel private developers to offset any public tree lost as a result of their development.

Urban Forest Strategy

Council will commence the development of the Urban Forest Strategy in July 2016 with the aim to complete the Strategy by June 2017. The principles of the policy will be used to commence changes to current practices for the management of trees immediately.

FINANCIAL IMPACT

The preparation of the Urban Forest Strategy has been budgeted for in 2016 – 2017.

POLICY IMPACT

To implement the Urban Forest Policy a strategy will be developed in 2016 - 2017.

ATTACHMENT 1 Draft Urban Forest Policy


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ITEM 8.5 SUBMISSION TO ABORIGINAL LAND CLAIMS 6166, 6136 AND 6139 AT FRENCHS FOREST AND BELROSE

REPORTING MANAGER GROUP MANAGER STRATEGIC PLANNING


ATTACHMENTS 1 Submission regarding Aboriginal land claims 6166, 6136 and 6139 at Frenchs Forest and Belrose

EXECUTIVE SUMMARY

PURPOSE

To seek endorsement of the attached submission to the Aboriginal Land Claim Investigation Unit of the NSW Department of Primary Industries in response to three Aboriginal Land Claims, two at Frenchs Forest and one at Belrose.

SUMMARY

Council has been invited by the Aboriginal Land Claim Investigation Unit of the NSW Department of Primary Industries to provide comment on three Aboriginal Land Claims, two in Frenchs Forest (6139 and 6136) and one in Belrose (6166). The claims were made by the Metropolitan Local Aboriginal Land Council (MLALC) in 1997 and 1998.

Council is supportive of unused and unrequired Crown land being vested in Aboriginal Land Councils for the benefit of Aboriginal communities, as per the Aboriginal Land Rights Act 1983 (NSW). Council could find no reasonable grounds to object to claims 6166 and 6136. However, Council proposes to object to claim 6139 at Frenchs Forest on the grounds that the land is needed for the continued public purposes of public open space and nature conservation. Claim 6139, on the corner of Aquatic Drive and Fitzpatrick Avenue East at Frenchs Forest (Map 1 Aboriginal land claim 6139 at Frenchs Forest), adjoins land at Warringah Aquatic Centre and Aquatic Reserve, and forms part of the surrounding public open space network, including Manly Warringah War Memorial Park. The land also contains Duffys Forest Endangered Ecological Community.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil


That Council endorse the submission to the Aboriginal Land Claim Investigation Unit of the NSW Department of Primary Industries, which raises no objection to claims 6166 (Belrose) and 6136 (Frenchs Forest), however objection is raised to claim 6139 (Frenchs Forest).



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REPORT

BACKGROUND

Aboriginal Land Rights Act 1983 (NSW)

The preamble of the Aboriginal Land Rights Act 1983 (NSW) (the Act) recognises that: land in NSW was traditionally owned and occupied by Aboriginal people; land is of spiritual, social, cultural and economic importance to Aboriginal people; that it is fitting to acknowledge the importance land has for Aboriginal people and the need for land; and it is accepted that as a result of past Government decisions the amount of land set aside for Aboriginal people has been progressively reduced without compensation.

The purpose of the Act is:

a) to provide land rights for Aboriginal persons in NSW

b) to provide for representative Aboriginal Land Councils in NSW

c) to vest land in those Councils

d) to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils, and the allocation of funds to and by those Councils

e) to provide for the provision of community benefit schemes by or on behalf of those Councils.

Claims to Crown lands

According to Section 36 of the Act, claimable Crown lands include lands that:

f) are able to be lawfully sold or leased, or are reserved or dedicated for any purpose, under the Crown Lands Consolidation Act 1913 or the Western Lands Act 1991

g) are not lawfully used or occupied

h) do not comprise lands which, in the opinion of the Crown Lands Minister, are needed or likely to be needed as residential lands

i) are not needed, or likely to be needed for an essential public purpose

j) do not comprise lands that are the subject of an application for a determination of native title (other than a non-claimant application that is an unopposed application) that has been registered in accordance with the Commonwealth Native title Act

k) do not comprise lands that are the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act) (other than an approved determination that no native title exists in the lands).

The Minister for Lands and Water (the Minister) can choose to grant part of the land being claimed if the whole is deemed to be not claimable. If the land claimed is deemed likely to be needed in whole or in part for an essential public purpose, the Minister can still choose to grant the land with a condition attached in the form of a covenant, easement or another form. If the likely essential public purpose is for nature conservation then the land may be granted with the provision that it be leased back under Part 4 of the National Parks and Wildlife Act 1974. In exceptional circumstances, the Minister may acquire land by agreement or compulsory processes to satisfy the objectives of the Act.



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Funds acquired through the sale of land that Aboriginal Land Councils have successfully claimed, form a fundamental component of the finances required to support services and programs in other areas of Aboriginal affairs such as housing, employment and health.

Lands that cannot be claimed

a) lands that have been vested in a private third party, such as an individual or corporation (including a statutory or Ministerial corporation)

b) lands that have been dedicated or reserved as a National Park, State Conservation Area, regional park or nature reserve under the National Parks and Wildlife Act 1974

c) lands that are Crown or public roads

d) lands that have been dedicated or reserved as a State Forest, timber reserve or flora reserve under the Forestry Act 1916.

Land in Warringah owned by MLALC

According to Council’s records, the MLALC currently own 47 properties in the Warringah area.

Outstanding Aboriginal land claims in Warringah

There are approximately 300 outstanding Aboriginal Land Claims in Warringah. The claims have been made by either the NSW Aboriginal Land Council or MLALC. The claims date back to 1997, however, the majority (271) were made by MLALC in November and December 2009.

Council’s avenue to object to an Aboriginal land claim

There are limited grounds on which a Council can object to a claim being granted. These include, that at the date the claim was made, the land was:

lawfully used or occupied;

needed or likely to be needed for an essential public purpose.

A public purpose could include, for example, future residential lands or nature conservation.

Aboriginal Land Claim 6139, Frenchs Forest (Map 1 Aboriginal land claim 6139 at Frenchs Forest)

Council proposes to object to the granting of this Aboriginal Land Claim at Lot 2780 DP 46992, Frenchs Forest, on the following grounds:

The land lies in close proximity to the Warringah Aquatic Centre, Aquatic Reserve and Manly Warringah War Memorial Park and forms an integral part of the existing open space network.

The subject land lies within the Investigation Area for the Hospital Precinct Structure Plan (Hospital PSP). Although not complete, the Hospital PSP is considering the potential for an increase in density and population in this area. Retaining all existing public open space is important to ensuring the continued provision of essential public open space in the area.

According to Warringah Local Environment Plan 2011 (WLEP 2011), this land is zoned E2 Environmental Conservation. It contains Duffys Forest Endangered Ecological Community, 95% of which remains intact and in good condition. Development opportunities within this zone are significantly limited. This land should be retained for the essential public purpose of nature conservation.



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Council has no information to suggest that the land was lawfully used or occupied at the time the claim was made on 11 November 1997.

Aboriginal Land Claim 6136, Frenchs Forest (Map 2 Aboriginal land claim 6136 at Belrose)

Council could find no reasonable grounds for objecting to the granting of Aboriginal Land Claim 6136 at Lot 5 Section 149 DP 238985 - 18 Grattan Crescent, Frenchs Forest. According to WLEP 2011, the land is currently zoned R2 Low Density Residential. It is located at the southern extremity of the identified Area of Influence for the Hospital PSP. Given that the Hospital PSP is not complete, Council is unable to provide any definitive comments in relation to the future zoning/ use of this land.

The boundary adjoins Garigal National Park, although there are no known significant environmental values associated with the site.

This land had previously been reserved for aviation purposes, however, the Australian Air League relinquished its trusteeship in 1993 due to the Trust’s inability to obtain grants to build on the land. Council has no information to suggest that the land was lawfully used or occupied at the time the original claim was made on 11 November 1997 or when a subsequent claim was made on 25 November 2009.

Council has no identified current or future need for this land, other than to ensure that any future development is in line with Warringah’s planning controls.

Aboriginal Land Claim 6166, Belrose (Map 3 Aboriginal land claim 6166 at Belrose)

Council could find no reasonable grounds to object to the granting of Aboriginal land claim 6166 at Lot 2225 DP 752038 at Belrose. The land lies in the C8 Belrose North Locality of the Warringah LEP 2000, given that it was deferred from the operation of WLEP 2011 pending a further strategic review. In January 2015 the Department of Planning and Environment directed Council to prepare a planning proposal for Oxford Falls Valley and Belrose North and directed the land to be zoned RU4 Primary Production Small Lots.

Council has no identified current or future need for this land, other than to ensure that any future development is in line with Warringah’s planning controls.

Council has no information to suggest that the land was lawfully used or occupied at the time the claim was made on 24 June 1998.

CONSULTATION

The following Council business units have provided input into the submission: Natural Environment; Strategic Planning; and Buildings Property and Spatial Information.

TIMING

The submission to the Aboriginal Land Claim Investigation Unit of the NSW Department of Primary Industries is due by 19 December 2015. An extension was granted until this date to allow the submission to be endorsed by Council at its meeting on 15 December 2015.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil



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Map 1 Aboriginal land claim 6139 at Frenchs Forest

Map 2 Aboriginal land claim 6136 at Belrose



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Map 3 Aboriginal land claim 6166 at Belrose

ATTACHMENT 1 Submission regarding Aboriginal land claims 6166, 6136 and 6139 at

Frenchs Forest and Belrose


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16 December 2015

Amanda Duffy Acting Senior Case Manager Aboriginal Land Claim Investigation Unit Department of Primary Industries [email protected]

a) Our Ref: 2015/339235

Dear Ms Duffy

Submission to Aboriginal land claims 6166, 6136 and 6139

Thank you for your request for comment on the above mentioned Aboriginal Land Claims that fall within the Warringah Local Government Area. As per your email on 27 October 2015, an extension was granted for Council to make a submission by 19 December. This was to allow the submission to be endorsed at the 15 December Council meeting.

I can confirm that Council has no information available to suggest that any of the Lots were lawfully used or occupied at the date the claims were made. However, I trust that the Aboriginal Land Claim Investigation Unit have other means available to confirm this.

Please find further comments below on each of the land claims. In summary, Council has no objection to the granting of claims 6166 and 6136. However, Council does object to the granting of claim 6139. Please see further details below.

Land Claim 6139 at Frenchs Forest

Lot 2780 DP 46992 at Frenchs Forest lies within the Investigation Area for the Hospital Precinct Structure Plan (Hospital PSP) which is currently being prepared by Warringah Council. This is a major precinct plan being designed around the new Northern Beaches Hospital that is currently being built. At present, the draft Hospital PSP is not complete and hence no definitive comments in relation to the likely future zoning/ use of the subject land can be provided. However, the potential for an increase in density and population is being considered as part of the project.

The land is subject to the provisions of Warringah LEP 2011 and is zoned E2 Environmental Conservation. The objectives of the zone are based around the protection, management and restoration of areas of high ecological, scientific, cultural or aesthetic value. As such development opportunities within the zone are significantly limited.

The land contains native vegetation listed as Duffys Forest Endangered Ecological Community, 95% of which remains intact and in good condition. The site is considered to be of high conservation significance and a priority 1 wildlife corridor linking large bushland areas to the north and south.

The land lies in close proximity to the Warringah Aquatic Centre, Aquatic Reserve and Manly Warringah War Memorial Park. It forms part of the surrounding public open

mailto:[email protected]




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space (active and passive) network. Based on the currently identified high ecological conservation value of the land and its proximity to key recreation areas, Council seeks continued retention of the land for the community’s benefit and enjoyment as an integral part of the existing open space network.

Hence, Council does not support claim 6139 on the basis that the subject land is needed for the continued and future essential public purposes of public open space and nature conservation.

Land Claim 6166 at Belrose

Lot 2225 DP 752038 at Belrose is subject to the provisions of Warringah LEP 2000 and is deferred from the operation of Warringah LEP 2011. It lies in the C8 Belrose North Locality. Council, in conjunction with the Department of Planning and Environment, is currently undertaking a strategic review of Oxford Falls Valley and Belrose North with a view to bringing the C8 Belrose North and B2 Oxford Falls Valley Localities under the jurisdiction of Warringah LEP 2011.

The review is not complete. However, in January 2016 the Department of Planning and Environment directed Council to prepare a Planning Proposal for Oxford Falls Valley and Belrose North, and directed that the subject land is to be zoned RU4 Primary Production Small Lots.

The subject site is represented by native vegetation, 80% of which remains intact and in good condition. The bushland is considered to be of moderate to high conservation significance based on the presence of known and potential threatened species habitat. The Eastern Pygmy Possum was been recorded on the subject site in 2013. The land also forms part of a priority 1 wildlife corridor linking eastern and western portions of Garigal National Park and other associated bushland. Therefore future develop of the site will be subject to a high degree of environmental constraints.

The subject land does not lie within the Hospital PSP. It lays adjacent to land that is generally privately owned and developed. From a strategic land use planning perspective, Council does not raise an objection to claim 6166. This position is prefaced on the basis that any future use of the land is carried out in accordance with the relevant planning controls for Warringah.

Land Claim 6136 at Frenchs Forest

Lot 5 Section 149 DP 238985 - 18 Grattan Crescent Frenchs Forest - is subject to the provisions of Warringah LEP 2011 and is zoned R2 Low Density Residential. It is located at the southern extremity of the identified Area of Influence for the Hospital PSP. At present, the draft Hospital PSP is not complete and hence no definitive comments in relation to the likely future zoning/ use of this land can be provided.

The land lies at the southern extent of the (predominantly) low density residential area of Frenchs Forest, within an area that is generally privately owned and developed. The rear boundary of the subject land adjoins Garigal National Park, however, there are no significant environmental values associated with this site.

From a strategic land use planning perspective, Council does not raise an objection to claim 6136. This position is prefaced on the basis that any future use of the land is carried out in accordance with the relevant planning controls for Warringah.




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I trust that the information provided is of interest to the investigative process. In summary, Warringah Council has no objections to claims 6166 and 6136. However, Council does object to the granting of claim 6139 at Frenchs Forest on the grounds that the land is needed for the continued essential public purposes of public open space and nature conservation.

Council looks forward to learning of the outcome of this investigation. Should you require any further information or clarification please feel free to contact me.

Yours faithfully

Rik Hart General Manager



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ITEM 8.6 JUNEE SHIRE COUNCIL - FEASIBILTY STUDY INTO INFORMATION TECHNOLOGY PLATFORM PROPOSAL

REPORTING MANAGER CHIEF INFORMATION OFFICER


ATTACHMENTS NIL

REPORT

PURPOSE

To report back to Council following Council Resolution 347/13 regarding the feasibility of Warringah Council hosting Junee Shire Council on its information Technology Platform.

BACKGROUND

In early 2013 the General Manager of Junee Shire Council, Mr James Davies visited Warringah Council. In discussions with Council staff, they investigated various ways Warringah Council could assist Junee Shire Council in the development of IT and systems information structures and to forge a close relationship between our Councils. In October 2013, Mayor Regan met the Mayor of Junee Shire Council, Ms Lola Cummins to discuss the issue further.

On 17 December 2013, Warringah Council resolved to explore funding opportunities with the State Government to conduct a feasibility study for Warringah Council to host / provide IT systems to Junee Shire Council (& potentially other Councils).

On 25 August 2014, Warringah Council engaged iPlatinum to conduct a feasibility study for Warringah Council providing a hosted IT solution to Junee Shire Council (and potentially other Councils on the same model).

iPlatinum investigated three deployment models as below:

New Council installation on infrastructure at Junee

Junee system installed on-premise at Warringah Council

Cloud Solution

CONCLUSION

iPlatinum concluded that:

“Cost will be a significant factor as it will be an impost on council(s) from a dollars perspective to facilitate access to this solution under all three models. Whilst this cloud model is deemed to be the most cost effective it will impact Junee financially, significantly more than council is currently outlaying for their existing on premise solution.”

The General Managers of both Junee Council and Warringah Council decided not to proceed at this time.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil



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That Council note the Junee Shire Council feasibility study on its Information Technology Platform Proposal.



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ITEM 8.7 BUSH FIRE PRONE LAND MAP REVIEW EXHIBITION RESULTS

REPORTING MANAGER GROUP MANAGER STRATEGIC PLANNING


ATTACHMENTS 1 Council Report dated 23 June 2015 Public Exhibition of the Draft Warringah Bush Fire Prone Land Map (Included In Attachments Booklet)

2 Submission Summary (Included In Attachments Booklet)

3 Updated Draft Warringah Bush Fire Prone Land Map 2015 (Included In Attachments Booklet)

4 Updated Draft Bush Fire Prone Land and Buffer Modifications Map (Included In Attachments Booklet)

EXECUTIVE SUMMARY

PURPOSE

To report the results of the exhibition of the draft Warringah Bush Fire Prone Land Map 2015 and seek Council’s endorsement for its certification.

SUMMARY

At its meeting on 23 June 2015, Council resolved to exhibit the draft Warringah Bush Fire Prone Land Map 2015 as per attached map.

The draft Map was exhibited from 27 June 2015 to 10 August 2015. A total of 32 submissions were received, with 19 submissions requesting further land be removed from the map. Following analysis of the submissions, it is proposed to remove a total of 2.8 hectares of land (38 lots) from the draft Map. The draft Map has been updated to reflect the proposed changes as per attached Updated Draft Warringah Bush Fire Prone Land Map 2015. The changes do not require re-exhibition of the draft Map.

Certification of Bush Fire Prone Land Maps is a responsibility of the Commissioner of the Rural Fire Service. The Warringah Bush Fire Prone Land Map 2015 will take effect upon certification.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil


That Council endorse the updated draft Warringah Bush Fire Prone Land Map 2015 and submit the map to the Commissioner of the Rural Fire Service for certification.



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REPORT

BACKGROUND

At its meeting on 23 June 2015, Council considered a report outlining the purpose of the Warringah Bush Fire Prone Land Map 2010, and the statutory requirement to review it every five years (attachment 1). Council resolved to place the draft Warringah Bush Fire Prone Land Map 2015 (draft Map) on exhibition and invite comment from the community.

CONSULTATION

The draft Map was placed on exhibition from 27 June 2015 to 10 August 2015. The following activities were undertaken to publicise the exhibition and engage with the community:

Manly Daily advertisement

Letters to owners and occupiers affected by the draft Map (11,000 letters)

Your Say Warringah Page

Two community information sessions (Terrey Hills and Forestville).

The webpage received approximately 600 visits and the community information sessions attracted approximately 350 community members.

Consideration Of Submissions

A total of 32 submissions were received as per attached Submissions Summary. The submissions were categorised as follows:

19 submissions requested additional land to be removed from the map

7 submissions requested land management (eg clearing) of nearby properties

6 submissions requested additional information (eg confirmation of classification of land).

Ten site visits and a review of current aerial imagery was undertaken to assess the submissions. The review resulted in several adjustments to the boundaries of the bushfire prone land map. Two larger changes were made at the following locations:

Oxford Falls Valley Road and Iris Street: Land was determined to be developed and fragmented to the extent that it did not meet the size criteria for inclusion on the map

Forest Way and Oates Place: Vegetation buffer between Forest Way and the residential area was measured and found not to meet the width criteria for inclusion on the map.

The draft Map has been updated to reflect these changes as per attached Updated Draft Warringah Bush Fire Prone Land Map 2015.

A comparison map has been created to show the changes that are recommended as a result of the exhibition as per attached Updated Draft Bush Fire Prone Land and Buffer Modifications Map. In total, 2.8 hectares of land is proposed to be removed from the draft Map (3.26 hectares removed and 0.46 hectares added). This will remove an additional 38 lots, with no lots being added. Consequently, re-exhibition of the amended draft map is not required.

Update to Relevant Guidelines

On 4 November 2015, the RFS released Guide to Bush Fire Prone Land Mapping Version 5a (2015) (Guide). The Guide is an update to Guide to Bush Fire Prone Land Mapping (2014), used by Council to prepare the draft Map.



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Due to the importance of not delaying the review of the draft Map, the RFS has agreed that Council should proceed with the draft Map in its current form and not incorporate the new Guide. Instead, Council will review the Map within 3 years and incorporate the requirements of the new Guide at that time. This is authorised by section 6.3 of the Guide.

Next Steps

The certification of the Commissioner of the RFS is required for the Map to take effect. Upon Council’s endorsement, the updated draft Map will be submitted to the RFS for review and certification.

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil



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ITEM 8.8 DELEGATED AUTHORITY TO THE MAYOR – CHRISTMAS NEW YEAR RECESS 2015/2016

REPORTING MANAGER DEPUTY GENERAL MANAGER ENVIRONMENT


ATTACHMENTS NIL

EXECUTIVE SUMMARY

PURPOSE

To grant delegated authority to the Mayor over the 2015/2016 Christmas New Year recess period in accordance with Council Policy GOV-PL125 - Decisions/ Delegations during Christmas/ New Year Recess.

SUMMARY

Each year, in accordance with Council Policy GOV-PL125, Council considers granting delegated authority to the Mayor over the Christmas/ New Year recess period. Granting the Mayor delegated authority under GOV-PL 125 will allow the Mayor the authority to make decisions where required in the Council’s absence.

It is proposed that this delegation be granted for the 2015/2016 recess period commencing from 16 December 2015 following the last Council Meeting held on 15 December 2015 and ceasing on 15 February 2016 the day prior to the first Council Meeting scheduled on 16 February 2016.

FINANCIAL IMPACT

Nil

POLICY IMPACT

The proposal is in accordance with Council Policy GOV-PL125 - Decisions/ Delegations During Christmas/ New Year Recess.


That Council, pursuant and subject to the limitations of Section 377 of the Local Government Act, authority grant to the Mayor to make such decisions and authorise work as provided by Policy GOV-PL125 - Decisions/ Delegations during Christmas/ New Year Recess during the 2015/2016 Christmas New Year recess being 16 December 2015 to 15 February 2016 inclusive.



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REPORT

BACKGROUND

The objective of Council Policy GOV-PL125 - Decisions/ Delegations During Christmas/ New Year Recess is to make provision for decisions to be made on important or urgent Council matters during the Christmas/New Year recess. In previous years Council has granted delegated authority to the Mayor and the Deputy Mayor (in the Mayor’s absence) over the Christmas/New Year recess period in accordance with this policy.

Council Policy GOV-PL125 delegates authority to the Mayor and Deputy Mayor (in the Mayor’s absence) to:

make decisions which would otherwise be made by the Council

authorise any work which, in the Mayor’s opinion, is urgent and does not exceed $10,000.

The Policy includes the following provisions:

the delegated authority is subject to the limitations pursuant to Section 377 of the Local Government Act 1993

any decisions made under this delegation must be reported to the Council at its first meeting in February.

The delegation to the Mayor over the Christmas/New Year recess period is consistent with the provisions of Section 226 of the Local Government Act, 1993, which states, in part, that the role of the Mayor is:

“to exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council”.

It is important to note that the following powers, duties or functions cannot be delegated under Section 377 of the Local Government Act and can only be exercised by the Council as a body corporate and through resolution:

the appointment of a general manager

the making of a rate

a determination under section 549 as to the levying of a rate

the making of a charge

the fixing of a fee

the borrowing of money

the voting of money for expenditure on its works, services or operations

the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment)

the acceptance of tenders which are required under this Act to be invited by the Council

the adoption of an operational plan under section 405

the adoption of a financial statement included in an annual financial report

a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6



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the fixing of an amount or rate for the carrying out by the Council of work on private land

the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work

the review of a determination made by the Council, and not by a delegate of the Council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979

the power of the Council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194

a decision under section 356 to contribute money or otherwise grant financial assistance to persons

a decision under section 234 to grant leave of absence to the holder of a civic office

the making of an application, or the giving of a notice, to the Governor or Minister

this power of delegation

any function under this or any other Act that is expressly required to be exercised by resolution of the Council.

TIMING

The recess period is taken to commence the day after the last Council meeting on 16 December 2015 and conclude on Monday 15 February 2016. In accordance with Council’s Code of Meeting Practice, the last Council Meeting in 2015 will be held on 15 December 2015. The recess period would therefore be 16 December 2015 to 15 February 2016.

POLICY IMPACT

The proposal is in accordance with Council Policy GOV-PL125 - Decisions/ Delegations during Christmas/ New Year Recess.

FINANCIAL IMPACT

Nil



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ITEM 8.9 ANNUAL REVIEW OF GOV-PL 120 - PAYMENT AND REIMBURSEMENT OF EXPENSES INCURRED BY, AND PROVISION OF FACILITIES TO, THE MAYOR, DEPUTY MAYOR AND COUNCILLORS

REPORTING MANAGER EXECUTIVE ASSISTANT - ENVIRONMENT


ATTACHMENTS 1 Payment and Reimbursement of Expenses Incurred by, and Provision of Facilities to, the Mayor, Deputy Mayor and Councillors (Included In Attachments Booklet)

REPORT

PURPOSE

To review GOV-PL 120 Policy for Payment and Re-imbursement of Expenses Incurred by, and Provision of Facilities to, the Mayor, Deputy Mayor and Councillors in accordance with Section 252 of the Local Government Act 1993.

REPORT

Section 252 of the Local Government Act requires, in part, that within five months after the end of the financial year, a Council must adopt a policy concerning the payment of expenses incurred by, and the provision of facilities to, the Mayor, Deputy Mayor and Councillors in relation to discharging the functions of civic office.

A review of the policy has been undertaken, and relevant staff across the Council have been consulted in this process. No changes to the Policy are proposed. The Policy must still be placed on public exhibition and the results reported back to Council. The Policy will return to Council for adoption in early 2016.

FINANCIAL IMPACT

Nil

POLICY IMPACT

The Policy will go on public exhibition following Warringah’s consultation matrix prior to adoption by Council.


That GOV-PL 120 Payment and Re-imbursement of Expenses Incurred by, and Provision of Facilities to The Mayor, Deputy Mayor and Councillors be placed on public exhibition for 28 days and the results reported back to Council.



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ITEM 8.10 MINUTES OF STRATEGIC REFERENCE GROUPS

REPORTING MANAGER DEPUTY GENERAL MANAGER ENVIRONMENT


ATTACHMENTS 1 Draft Minutes of the Vibrant Connected Communities SRG Meeting held on 17 November 2015 (Included In Attachments Booklet)

2 Draft Minutes of the A Connected Environment SRG Meeting held on 17 November 2015 (Included In Attachments Booklet)

3 Draft Minutes of the Environment, Conservation and Overall Sustainability Strategic Reference Group meeting held 18 November 2015 (Included In Attachments Booklet)

4 Draft Minutes Open Space and Recreation SRG Meeting held 18 November 2015 (Included In Attachments Booklet)

REPORT

PURPOSE

To report the minutes of the four Strategic Reference Group (SRG) meetings held in November 2015.

SUMMARY

At these meetings strategic workshops and project updates were presented to the groups.

In accordance with the SRG Guidelines the draft minutes of the meetings are reported to Council and the following documents are now presented:

Strategic Reference Group Meeting Date

A Connected Environment 17 November – Draft Minutes

Vibrant Connected Communities 17 November – Draft Minutes

Environment, Conservation and Overall Sustainability

18 November – Draft Minutes

Open Space and Recreation 18 November – Draft Minutes

FINANCIAL IMPACT

Nil

POLICY IMPACT

Nil

RECOMMENDATION OF DEPUTY GENERAL MANAGER ENVIRONMENT DIVISION REPORTS

That Council note the draft minutes and notes from the following meetings:

A. A Connected Environment Strategic Reference Group meeting held on 17 November 2015.

B. Vibrant Connected Communities Strategic Reference Group meeting held



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17 November 2015.

C. Environment, Conservation and Overall Sustainability Strategic Reference Group meeting held 18 November 2015.

D. Open Space and Recreation Strategic Reference Group meeting held 18 November 2015.



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10.0 NOTICES OF MOTION

ITEM 10.1 NOTICE OF MOTION NO 23/2015 - COUNCIL EXPENDITURE ON ADVERTISING ON LOCAL GOVERNMENT REFORM


ATTACHMENTS NIL

Submitted by: Councillor Vincent De Luca OAM

MOTION

1. That this Council notes with concern:

A. The excessive expenditure of ratepayers' money by Warringah Council amounting to $226,657.81 on advertising and other material in pursuance of a one northern beaches.

B. The use of the Warringah Council Mayoral Column and other Warringah Council publications, for criticising other Councils and Mayors of adjoining Councils.

C. Warringah Council Media Releases claiming that should Warringah Council be divided into two Councils children will lose their child care places and the new Hospital will be in jeopardy.

2. That this Council resolves that all advertising and expenditure on the amalgamation campaign cease and that Council staff are not to participate in the amalgamation campaign.

FUNDING SOURCE

No funds are required for affecting this Motion.



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ITEM 10.2 NOTICE OF MOTION NO 24/2015 - NEED FOR REFORM OF AFFORDABLE HOUSING SEPP


ATTACHMENTS 1 Sydney Morning Herald Article 2 How Liveable is Your Suburb? (Extract from Sydney Morning

Herald Article)


MOTION

A. That this Council notes with concern:

1. That despite 800 objections, Warringah Council's WDAP recommended approval of the proposed Affordable Housing Development at Grover Avenue, Cromer, two votes to one.

2. The WDAP relied upon legal advice submitted by the developer in order to overcome strict compliance with the SEPP.

3. The dissenting comments of the Community Representative on the Panel:

"Although the subject land is suitable for the development of an 8 unit boarding house

in terms of site area and dimensions (frontage and depth) its location in the midst of an established, and essentially single residential community, is totally inappropriate from both a community and planning perspective.

Of principal concern is the fact that the proposed development will position up to 16 persons on a single residential lot; most of whom will almost certainly be ‘transient’, with little or no long term commitment to the established community. If the business model proves successful in terms of client demand it could give rise to similar developments nearby, with the further erosion of the existing community fabric. Such an outcome would be contrary to a principal aim of the WLEP 2011 to ‘Protect and enhance the residential use and amenity of existing residential environments’".

4. The Australian Housing and Urban Research Institutes previous submission on the legislation:

"Where possible buildings should conform to existing planning controls and not ‘pioneer’ a building type"

5. The Law Society of NSW submission to the Government about the Affordable Housing SEPP:

"The AHSEPP ought to be amended so as to ensure that such incentive schemes are only implemented after appropriate consideration is given to the types of development permitted in the particular zone as well as issues such as density, location, and design. This will ensure that development is suitable for that area and that the amenity of neighbouring properties is not adversely affected".

B. That this Council resolves to write to the NSW Premier, The Hon Mike Baird MP and NSW Minister for Planning, The Hon Dr Rob Stokes MP, calling for the NSW Government to:

1. Urgently review the Affordable Housing SEPP and amend the legislation so that

http://www.ahuri.edu.au/downloads/publications/EvRevReports/AHURI_Final_Report_No211_Understanding_and_addressing_community_opposition_to_affordable_housing_development.pdf#page=168

http://www.ahuri.edu.au/downloads/publications/EvRevReports/AHURI_Final_Report_No211_Understanding_and_addressing_community_opposition_to_affordable_housing_development.pdf#page=168



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appropriate consideration is given to local planning controls, the types of development permitted in the particular zone as well as issues such as density, location, and design and adverse effects on adjoining residences and local communities.

2. Amend the legislation to give Councils the power to compel an applicant to pay for certain independent studies and independent legal advice (as determined by the consent authority) on issues of concern to the assessing officer of the consent authority.

3. Amend the legislation that all Affordable Housing must be within 250m of an hourly public transport service, a shopping centre, doctor and chemist.

4. The consent authority and/or decision maker must have regard to public interest considerations.

FUNDING SOURCE

I have been advised by staff that this motion can be carried out within current operational budget.

ATTACHMENT 1 Sydney Morning Herald Article


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ATTACHMENT 2 How Liveable is Your Suburb? (Extract from Sydney Morning Herald Article)


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11.0 QUESTIONS ON NOTICE

ITEM 11.1 QUESTION ON NOTICE NO 28/2015 - FUNDS RAISED FROM DEE WHY BEACH SHED KIOSK


ATTACHMENTS NIL


QUESTION

What are the total amount of funds raised and payable to Warringah Council since the Dee Why Beach Shed Kiosk commenced operations?



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ITEM 11.2 QUESTION ON NOTICE NO 29/2015 - EXPENDITURE ON IMPLEMENTING NEW W LOGO IN WARRINGAH


ATTACHMENTS NIL


QUESTION

In view of the answer at the last Council meeting regarding my question as to total costs in implementing the new W logo in Warringah, what are the total Operational and Capital costs to date on to put the W logo on any sign/building/items etc.



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ITEM 11.3 QUESTION ON NOTICE NO 30/2015 - INDUCEMENTS FOR SUPPORT OF ONE NORTHERN BEACHES CAMPAIGN


ATTACHMENTS NIL


QUESTION

Noting the offer on Warringah Council's website of a free 2016 Northern Beaches car parking sticker to those that write on why they desire one Northern Beaches Council, what other inducements has Warringah Council offered to Sporting/Community organisations and individuals, if any, to support the Warringah Council's proposal for one Northern Beaches Council?



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13.0 MATTERS PROPOSED TO TAKE PLACE IN CLOSED SESSION

RECOMMENDATION

A. That, in accordance with the requirements of Section 10 of the Local Government Act 1993 as addressed below, Council resolve to close the meeting to the public to consider and discuss:

a Item 13.1 General Managers Performance Review 2015/16 on the basis that it involves the receipt and discussion of personnel matters concerning particular individuals (other than councillors) 10A,10B and 10D of the Local Government Act 1993 (as amended) and Council's Code of Meeting Practice, this report is recommended to be considered in closed session on the following grounds:

Matters to be Discussed During Closed Session - Section 10D Consideration of General Managers Performance Review 2015/16 Grounds on which Matter Should be Considered in Closed Session – Section 10A(2) (a) personnel matters concerning particular individuals (other than councillors) Reason Why Matter is being considered in Closed Session and Contrary to Public Interest – Section 10B

To preserve the relevant confidentiality, privilege or security of such information.

b Item 13.2 RFT 2015/073 - Natural Environment Services Panel on the basis that it involves the receipt and discussion of commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it [10A(2)(d(i)) Local Government Act 1993].

This report discusses the appointment of contractors to a Council procurement panel and the disclosure of this matter in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information would prejudice the commercial position prospective suppliers.

c Item 13.3 RFT 2015/088 - Construction of Collaroy Accessibility Tourism Precinct - Stage 2 on the basis that it involves the receipt and discussion of commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it [10A(2)(d(i)) Local Government Act 1993].

This report discusses commercial information of a confidential nature and the disclosure of this matter in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information would prejudice the commercial position of the company who supplied information.

d Item 13.4 Update on the Manly Warringah Sea Eagles Outstanding Debts on the basis that it involves the receipt and discussion of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business [10A(2)(c) Local Government Act 1993]; and advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege [10A(2)(g) Local Government Act 1993].

This report discusses matters pertaining to licence payment fees and Council’s legal and financial position on this and the disclosure of these matters in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information would put Council at a commercial disadvantage with the licencee and reveal confidential legal advice in respect of recovery action.



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e Item 13.5 RFT 2015/083 - Tramshed Arts & Community Centre Building Upgrade Works on the basis that it involves the receipt and discussion of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business [10A(2)(c) Local Government Act 1993].

(d(i)) commercial information of a confidential nature that would, if disclosed, prejudice

the commercial position of the person who supplied it

This report discusses commercial information and the disclosure of this matter in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information would prejudice the confidentiality, privilege or security of such information

f Item 13.6 - RFT 2015/092 - Construction Services for Glen Street Cultural Hub Stage 2 - the New Library on the basis that it involves the receipt and discussion of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business [10A(2)(c) Local Government Act 1993]; and commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it [10A(2)(d(i)) Local Government Act 1993].

This report discusses commercial information and the disclosure of this matter in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information would prejudice the confidentiality, privilege or security of such information

g Item 13.7 - Tree Preservation Order on the basis that it involves the receipt and discussion of advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege [10A(2)(g) Local Government Act 1993].

This report discusses a matter for litigation and the disclosure of this matter in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information would contravene privacy

B. That the resolutions made by the Council in Closed Session be made public after the conclusion of the Closed Session and such resolutions be recorded in the Minutes of the Council Meeting.

agenda - attachments included · 12/15/2015 · actual year to date investment income to 30...

Documents