Agenda

 

 

Notice is hereby given that a Ordinary Northern Beaches Council Meeting will be held in the Council Chambers at the Civic Centre, Dee Why on

 

Tuesday 18 March 2025

 

Beginning at 6.00pm for the purpose of considering and determining matters included in this agenda.

 

 

 

Scott Phillips
Chief Executive Officer


 

 

OUR VISION

Delivering the highest quality service valued and trusted by our community

 

 

OUR VALUES

Trust Teamwork Respect Integrity Service Leadership

 

 

OUR OBLIGATIONS

I swear/solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of the Northern Beaches and the Northern Beaches Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

 


Northern Beaches Council Meeting - 18 March 2025

ORDER OF BUSINESS

 

1.0         ACKNOWLEDGEMENT OF COUNTRY

2.0         Apologies and applications for leave of absence and remote attendance

3.0         Confirmation of Minutes of Previous Meetings

3.1         Minutes of the Ordinary Northern Beaches Council Meeting held on 18 February 2025...................................................................................................................................... 5

4.0         disclosures of interest

5.0         Public Forum AND PUBLIC ADDRESS 

6.0         Items Resolved by Exception

7.0         Mayoral Minutes.................................................................................................. 7

7.1         Mayoral Minute No 3/2025 - NSW Government – Low and Mid Rise Housing Policy 7

8.0         Chief Executive Officer's Division Reports........................................... 10

8.1         Northern Beaches Council Discretionary Fund - Quarterly Report........................... 10

9.0         Corporate Services Division Reports..................................................... 13

9.1         Review of Various Policies......................................................................................... 13

9.2         Monthly Investment Report - January 2025............................................................... 16

9.3         Motions for the Australia Local Government Association (ALGA) Conference 2025 and ALGA election funding priorities................................................................................. 28

10.0       Community and Recreation Division Reports....................................... 34

10.1       Public Exhibition - Proposal to Establish Alcohol Free Zones................................... 34

11.0       Environment and Open Space Division Reports................................... 39

11.1       Outcome of Public Exhibition - Renaming Proposal Old Reub Hudson Oval to Panucci Field............................................................................................................................ 39

11.2       Minutes of the Northern Beaches Bush Fire Management Committee held 5 March 2024, 4 June 2024 and 3 September 2024.......................................................................... 43

12.0       Planning and Place Division Reports

Nil

13.0       Transport and Assets Division Reports................................................. 47

13.1       Outcome of Public Notice for the Proposed Lease and Licence of a Cafe at Dee Why Beach Reserve (deferred from 18 February 2025 Council meeting)....................................... 47

14.0       Notices of Motion.............................................................................................. 51

14.1       Notice of Motion No 44/2024 - E-Bikes and E-Scooters (deferred from 10 December 2024 and 18 February 2025 Council meeting)..................................................................................... 51

14.2       Notice of Motion No 45/2024 - Service Reviews (deferred from 10 December 2024 and 18 February 2025 Council meeting)......................................................................................... 53

14.3       Notice of Motion No 3/2025 - Opportunities to Relocate Manly Environment Centre (deferred from 18 February 2025 Council meeting)................................................................. 54

14.4       Notice of Motion No 4/2025 - Organisational Savings and Funding Measures (deferred from 18 February 2025 Council meeting)..................................................................................... 55

14.5       Notice of Motion No 5/2025 - Services Provided by Northern Beaches Council (deferred from 18 February 2025 Council meeting).............................................................................. 56

14.6       Notice of Motion No 8/2025 - Condemnation of Modern Slavery - Amending the Procurement and Contracts Policy............................................................................. 57

14.7       Notice of Motion No 9/2025 - Ethical and Socially Responsible Investments – Amending the Investment Policy................................................................................................. 59

14.8       Notice of Motion No 11/2025 - Lack of Infrastructure on the Northern Beaches for the NSW Government's Development Increases............................................................ 60

15.0       Questions with Notice..................................................................................... 62

15.1       Question With Notice No 3/2025 - Expenditure on Libraries..................................... 62

15.2       Question With Notice No 4/2025 - Status of Request for Hockey Fields.................. 63

16.0       Responses to Questions................................................................................. 64

16.1       Response to Question With Notice No 2/2025 - Food and Alcohol Expenses......... 64

17.0       matters proposed to take place in closed session........................ 65

17.1       RFT 2024/194 - Digital Parking Permit System

17.2       RFT 2024/046 - Lease of Childcare Centre - 28 Sloane Crescent, Manly Vale

17.3       RFT 2024/197 - South Curl Curl Boardwalk

17.4       RFT 2025/004 - Construction of a New Sporting Amenity Building at Pittwater Rugby Park, Warriewood

17.5       RFT 2024/143 - Management Agreement – Sydney Lakeside Holiday Park

17.6       Notice of Motion No 10/2025 - Glen Street Theatre – Use of Former Sorlies Space

18.0       Report of Resolutions Passed in Closed Session


northern beaches council MEETING - 18 March 2025

1.0      ACKNOWLEDGEMENT OF COUNTRY

As a sign of respect, Northern Beaches Council acknowledges the traditional custodians of these lands on which we gather and pays respect to Elders past and present.

2.0      Apologies AND applications for leave of absence AND REMOTE ATTENDANCE

In accordance with Part 6 of the Code of Meeting Practice, Council will consider apologies, requests for leave of absence, and requests to attend meetings remotely via audio-visual link.

3.0        Confirmation of minutes

3.1         Minutes of the Ordinary Northern Beaches Council Meeting held on 18 February 2025

Recommendation

That the minutes of the Ordinary Northern Beaches Council Meeting held on 18 February 2025, copies of which were previously circulated, be confirmed as a true and correct record of the proceedings of that meeting.

 

4.0      disclosures of interest

In accordance with Part 17 of the Code of Meeting Practice, all Councillors must disclose and manage any conflicts of interest they may have in matters being considered at the meeting.

A Councillor who has a pecuniary interest in any matter with which Council is concerned, and who is present at a meeting of Council at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable.

The Councillor must not be present at, or in sight of, the meeting:

a.         at any time during which the matter is being considered or discussed, or

b.         at any time during which Council is voting on any question in relation to the matter.

A Councillor who has a significant non-pecuniary conflict of interest in a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.

A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why the conflict is not significant and does not require further action in the circumstances.

5.0      Public Forum AND PUBLIC ADDRESS

In accordance with Part 5 of the Code of Meeting Practice, residents, ratepayers, applicants or other persons may request to address Council in relation to any one matter related to the general business of Council but not the subject of a report on the agenda (Public Forum) and no more than two matters listed for consideration on the agenda (Public Address).

6.0      Items Resolved by EXCEPTION

In accordance with Part 14 of the Code of Meeting Practice, items that are dealt with by exception are items where the recommendations contained in the staff reports in the agenda are adopted without discussion.

 

 


Item 7.1 Northern Beaches Council MEETING - 18 March 2025

7.0      Mayoral Minutes

 

ITEM 7.1

Mayoral Minute No 3/2025 - NSW Government – Low and Mid Rise Housing Policy

 

PURPOSE

The purpose of this mayoral minute is to seek a resolution to write to the NSW Premier and Minister for Planning and Public Spaces to request the NSW Government urgently address the additional infrastructure requirements arising from the Low and Mid-Rise Housing Policy.

 

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Description automatically generated

Sue Heins

MAYOR

RECOMMENDATION

That Council:

1.       Note the commencement of Stage 2 of the NSW Government’s Low and Mid-Rise Housing reforms on 28 February 2025.

2.       Note the significant impacts that the additional density and unplanned population growth will have on traffic, public transport and provision of other essential services across the Northern Beaches.

3.       Write to the NSW Minister for Transport to urgently address the Northern Beaches’ public transport system that is critically failing to meet the needs of our residents and local workforce and request significant and immediate Government investment to address existing service reliability, and further investment to ensure the bus network can service the additional population growth caused by the Low and Mid-Rise Housing Policy.

4.       Write to the NSW Premier and Minister for Planning and Public Spaces calling on the NSW Government to urgently address the public transport and other infrastructure requirements arising from the unplanned growth caused by the Low and Mid-Rise Housing Policy.

 


 

BACKGROUND

On 28 February 2025, Stage 2 of the NSW Government’s Low and Mid-Rise Housing Reforms commenced.

The policy is expected to deliver up to 112,000 homes over the next 5 years in 171 town centres, train and light rail stations across metropolitan Sydney, the Central Coast, Illawarra-Shoalhaven and Hunter regions.

Across the Northern Beaches, the new controls will apply to all residential zoned land within a 800 metre walking distance of 9 town centres:

·        Balgowlah Stockland Shopping Centre

·        Dee Why Town Centre

·        Forestville Town Centre

·        Forestway Shopping Centre

·        Frenchs Forest Precinct (Warringah Road)

·        Manly Town Centre

·        Manly Vale Town Centre

·        Mona Vale Town Centre

·        Warringah Mall Shopping Centre

The Low and Mid-Rise Housing Reforms are a ‘one size fits all’ set of planning controls that apply equally to all 171 affected areas.

The reforms change building heights and dwelling types that are permitted within the 800m zone of nominated town centres, with the extent of change depending on the existing zoning of land.

The new controls allow residential flat buildings up to 22 metres (6 storeys) and shop-top housing up to 24 metres (6 storeys) in R3 Medium Density Residential zones within 400 metres of nominated town centres, and for R3 zoned land between 400 metres and 800 metres from the town centre, apartments up to 17.5 metres (4 storeys).

For land zoned R1 Residential General and R2 Low Density Residential within 800 metres of the nominated town centres, residential flat buildings, multi dwelling housing (townhouses, terraces and manor houses) up to 9.5 metres (2-3 storeys) are allowed.

Whilst Northern Beaches Council shares the Government’s aim to support sustainable growth and increase the diversity of housing options to accommodate first home buyers, downsizers, key workers and those in need of affordable housing, we are disappointed with the blunt way the new rules will be applied across NSW.

The housing reforms have effectively rezoned thousands of properties across the Northern Beaches overnight. They will deliver many thousands more homes than have been envisaged in Council’s strategic plans, including Towards 2040 – Local Strategic Planning Statement and Local Housing Strategy.

There will be significant change to the built form and character of large parts of the Northern Beaches given the reforms introduce housing types not currently allowed under our local planning controls. The new rules override our local planning rules, and there are provisions that restrict Council’s ability to refuse applications that meet the new standard planning controls, such as height, floor space ratio and lot size.

The NSW Government has persisted with the one-fits-size-fits-all approach to these reforms and we have not seen a plan for investment in the infrastructure and services upgrades required to manage the significant growth these reforms bring. Traffic, public transport and other community services will be impacted, and the NSW Government needs to provide information about how this will be ameliorated. 

The Government has offered no financial support, or even acknowledgment, of the burden imposed on councils to now plan for, fund and deliver the significant additional infrastructure for their communities.

The only form of public transport on the Northern Beaches are buses, and they are failing to meet the needs of our residents and local workforce. Current challenges include chronic bus driver shortages, an ageing fleet of bendy buses, inadequate B-Line services and chronic unreliability in scheduled services, particularly during peak hour demand. A substantial increase in population without first addressing the chronic issues with public transport will be disastrous.

Significant and immediate investment by the NSW Government in public transport infrastructure on the Northern Beaches is required to address the existing and future pressures.

With these reforms now imposed, it is imperative the NSW Government step up and invest in local infrastructure, transport and services to ameliorate the impacts this increase in density will have on our community.

 

TRIM file ref

2025/141127

Attachments

Nil

 

 


Item 8.1 Northern Beaches Council MEETING - 18 March 2025

8.0      Chief Executive Officer's Division Reports

 

ITEM 8.1

Northern Beaches Council Discretionary Fund - Quarterly Report

 

Purpose

The purpose of this report is to provide an update on the recipients and projects that have received an allocation from the Northern Beaches Council Discretionary Fund during the past quarter.

Executive Summary

·        The Northern Beaches Council Discretionary Fund (Fund) provides the opportunity for the Mayor and Councillors to respond to requests for financial assistance from local individuals and community groups.

·        The Fund is governed in accordance with the Northern Beaches Council Discretionary Fund Policy (Policy).

·        The Policy allows Council to support local individuals and community groups through small financial donations, including for activities that further develop their education or sporting endeavours at a representative level.

·        The Policy requires that details of payments be reported quarterly to Council.

·        For the period 5 December 2024 to 11 March 2025, payments totalling $6,000 have been allocated from the Fund to The Spanish Community Care Association Inc., Koori Kids Pty Ltd, Balgowlah Suns Auskick Junior AFL Club, Spoke to A Bloke Inc. and five local residents (including one resident organising the Cheers 20th Anniversary Luncheon for Seniors).

·        There is an annual budget of $30,000 for the Fund, with an amount of $7,500 remaining in the Fund after these payments.

RECOMMENDATION

That Council note payments totalling $6,000 have been allocated from the Northern Beaches Council Discretionary Fund for the period 5 December 2024 to 11 March 2025.

 


 

Background

The Northern Beaches Council Discretionary Fund Policy (Policy) supports individuals and community organisations through small financial donations. It also provides assistance to local residents, including for activities that further develop their education or sporting endeavours at a representative level. The Policy requires recipient and project details to be reported quarterly to Council. This report only includes allocations that have been finalised.

The maximum amount which may be allocated to an individual or community organisation is $1,000 and only one payment can be made to an individual or community organisation within the same financial year.

All requests to the Northern Beaches Council Discretionary Fund are submitted to the Mayor, Deputy Mayor or a Councillor with the CEO to certify that the allocation is made in accordance with the Policy and that the funds are available. The table below includes the name of the Councillor who put forward the discretionary fund application.

Discussion

For the period 5 December 2024 to 11 March 2025 payments from the Northern Beaches Council Discretionary Fund totaling $6000 have been made, as shown in the table below.

Recipient

Description

Allocation

Supported by Councillor **

Spanish Community Care Association Inc.

Financial assistance towards the cost of their community meetings to reduce social isolation for Spanish women in the community

$1,000

 

Koori Kids Pty Ltd

Financial assistance towards 2025 NAIDOC Week School Initiative

$750

 

Local Resident *

Financial assistance towards participating in the United Nations Youth Australia Young Diplomats Tour (2025)

$500

 

Local Resident *

Financial assistance towards representing Manly Warringah Touch Football Team at State Tournament – February 2025

$250

 

Local Resident *

Financial assistance towards representing Manly Warringah Touch Football Team at State Tournament – February 2025

$250

 

Local Resident*

Financial assistance towards representing Manly Warringah Touch Football Team at State Tournament – February 2025

$250

 

Balgowlah Suns Auskick Junior AFL Club Inc.

Financial assistance towards the 4th Annual 'Big Freeze' event to raised awareness and funds for Motor Neurone Disease research

$1,000

 

Local Resident*

Financial assistance towards the 20th Anniversary of the Cheers Luncheon for Seniors

$1,000

Deputy Mayor Robins

Spoke to a Bloke Inc.

Financial assistance towards a Gala Day charity event at Cromer Park raising funds for Men’s Mental Health programs

$1,000

Cr De Luca, OAM

* individual recipients’ details are not included in this report for privacy reasons.  All residents in receipt of funds are verified as residents
   of the Northern Beaches.
**As per resolution of 26 September 2023. Indicates application put forward by a Councillor rather than directly to Office of the Mayor

Consultation

Requests for the Northern Beaches Council Discretionary Fund are submitted to the Mayor, Deputy Mayor or Councillor and the Chief Executive Officer for approval in accordance with the policy

Timing

The Policy requires a quarterly report to be presented to Council.

Financial Considerations

The recommendations in this report do not result in any change to the existing Council budget. The funds allocated are provided from the existing annual budget of $30,000 for the Northern Beaches Discretionary Fund.  An amount of $8,500 remains in the fund.  No funding will be provided outside of the allocated budget in each financial year.

Governance and Risk Considerations

Payments allocated under the Northern Beaches Council Discretionary Fund have satisfied the requirements of the Policy. The next quarterly report is intended to be tabled to the Ordinary Council meeting on 17 June 2025.

Environmental Considerations

The monies in the Northern Beaches Council Discretionary Fund can be used in connection environmental matters.

Social Considerations

The Northern Beaches Council Discretionary Fund supports individuals and community organisations and provides assistance to local residents, including for activities that further develop their education or sporting endeavours at a representative level.

Link to Strategy

This report relates to the Community Strategic Plan Outcomes and Goals:

·        Community and belonging - Goal 7 Our diverse community is supported to participate in their chosen cultural life.

·        Community and belonging - Goal 8 Our community feels safe and supported.

·        Partnership and participation - Goal 22 Our Council builds and maintains strong partnerships and advocates effectively on behalf of the community.

 

Reporting team

CEO

TRIM file ref

2025/045442

Attachments

Nil

 

 


Item 9.1 Northern Beaches Council MEETING - 18 March 2025

9.0      Corporate Services Division Reports

 

ITEM 9.1

Review of Various Policies

 

Purpose

The purpose of this report is to seek adoption of one Northern Beaches Council policy.

Executive Summary

·        Council’s Policy Framework (Framework) outlines the strategic principles for certain corporate documents including Council policies.

·        Council is progressively reviewing all corporate documents covered by the Framework.

·                The Social Sustainability Policy has been reviewed and is recommended to be adopted with minor changes to maintain currency.

RECOMMENDATION

That Council adopt the Social Sustainability Policy.

 


 

Background

Council adopted a Policy Framework (Framework) at the Ordinary Council meeting held on 28 November 2023. The Framework provides the strategic principles for all Council policies and sets out the governance arrangements for the establishment and review of Council policies and other internal facing corporate documents.

All existing Council policies and other relevant internal corporate documents are progressively being reviewed in accordance with the settings of the Framework which provide that Council policies:

·        provide high level strategic direction, are linked to Council’s Community Strategic Plan (CSP) and/or are required by relevant legislation and have community focus and/or significant public interest

·        will, where appropriate, adopt and implement relevant model NSW Government policies which have been prepared for local government, rather than establish discrete Council policies on the same topic

·        will not simply duplicate or re-state legislative requirements but, where appropriate, may expand on Council’s application of legislation.

The Framework provides that Tier 1 documents (Council policies) are governed by resolution of the elected Council, and the management of Tier 2 and 3 documents are the operational responsibility of the Chief Executive Officer.

Discussion

Social Sustainability Policy

In 2021 Council adopted the Social Sustainability Policy to provide the overarching framework for Council and the community to work together to maximise the quality and effectiveness of community development services and contribute to achieving the vision in the Community Strategic Plan.

Following a scheduled review of the policy it was found to be operating effectively and remains consistent with Council’s Policy Framework. Some minor administrative changes are proposed to the policy (Attachment 1) which are highlighted for ease of reference.  The changes update references to documents and the titles of NSW Government departments to maintain currency and do not alter the policy position.

 

CONSULTATION

While Council’s Policy Framework encourages involvement by the community in developing and reviewing its policies, it acknowledges that consultation may not be required in all circumstances, such as where a policy is to be re-adopted or is consistent with a model policy provided by the NSW Government.

Noting the administrative amendments proposed to the Social Sustainability Policy are minimal, a formal 28-day exhibition process is not considered necessary to support Council in its consideration of the re-adoption of this policy.  This policy underwent public exhibition in 2021.

Financial Considerations

The recommendations of this report do not result in any change to the existing Council budget.

Governance and Risk Considerations

The recommendations of this report are in line with Council’s Policy Framework. The Framework provides for an improved governance outcome for the management of Council policies.

Environmental Considerations

There are no environmental impacts to consider in respect of the recommendations of this report.

Social Considerations

Policies are an important tool for Council to communicate its strategic direction to the community and provide visibility of the governance framework in line with Council’s key Community Strategic Plan outcome of Good Governance.

Link to Strategy

This report relates to the Community Strategic Plan Outcome and Goal:

·        Good governance - Goal 19 Our Council is transparent and trusted to make decisions that reflect the values of the community.

 

Reporting team

Governance & Risk

TRIM file ref

2025/045516

Attachments

1    Draft Social Sustainability Policy (Included In Attachments Booklet)

 

 


Item 9.2 Northern Beaches Council MEETING - 18 March 2025

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ITEM 9.2

Monthly Investment Report - January 2025

 

Purpose

The purpose of this report is to provide details of all money that Council has invested under section 625 of the Local Government Act 1993 (Act).

Executive Summary

·        In accordance with section 212 of the Local Government (General) Regulation 2021 (Regulation), the Responsible Accounting Officer must provide Council with a written report on a monthly basis setting out details of all money that Council has invested under section 625 of the Act.

·        The Responsible Accounting Officer has certified that the investments listed in the report have been made in accordance with the Act, the Regulation and Council’s Investment Policy.

·        As at 31 January 2025, Council had total cash and investments of $213,478,096 comprising:

Trading Accounts

$2,667,492

Investments

$210,810,604

·        The portfolio achieved a return of 0.410% for the month of January, which was 0.030% above the benchmark AusBond Bank Bill Index return of 0.380%.

·        The weighted average interest rate of the portfolio at month end is 4.97% compared to 4.99% for the prior month.

·        Total investment income year to date to January 2025 was $6.6 million compared to the current budget of $6.5 million.

RECOMMENDATION

That Council note the Investment Report as at 31 January 2025, including the certification by the Responsible Accounting Officer.

 


 

Background

In accordance with section 212 of the Local Government (General) Regulation 2021 (Regulation), a report setting out the details of money invested must be presented to Council on a monthly basis.

The report must also include certification as to whether or not the investments have been made in accordance with the Local Government Act 1993, the Regulation and Council’s Investment Policy.

The details of the report (the key aspects of which are in the Executive Summary) are set out below, together with the Responsible Accounting Officer’s certification.

CERTIFICATION – RESPONSIBLE ACCOUNTING OFFICER

I hereby certify that the investments listed in this report have been made in accordance with section 625 of the Local Government Act 1993, section 212 of the Local Government (General) Regulation 2021 and existing Investment Policies – Caroline Foley, Chief Financial Officer.

INVESTMENT REPORT

Investment Balances


 

*Rating is based on a private rating advised by the issuer to Council’s Investment Advisors.


Portfolio Analysis

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Institutional Credit Framework – Compliance with Investment Policy Requirements

Clause 4.2.2 of Council’s Investment Policy requires that the exposure to an individual institution be restricted by their credit rating so that single entity exposure is limited, as detailed in the table below:

S&P Long Term Rating*

S&P Short Term Rating*

Maximum %

Portfolio Complies with Policy?

AAA

(incl. government guaranteed deposits)

A-1+

50%

Yes

AA+

AA

AA-

A+

A-1

40%

Yes

A

A-

A-2

30%

Yes

BBB+

BBB

BBB-

A-3

10%

Yes

Unrated**TCorp Funds

Unrated**

5%

Yes ($Nil)

Unrated***ADIs

Unrated***

$250,000

Yes ($Nil)

*        Or Moody’s / Fitch equivalents

**          Unrated Category is restricted to eligible managed funds such as the NSW Treasury Corporation Hour Glass Facilities

***         Unrated ADIs Category is restricted to those ADIs that are under the Australian government guarantee scheme and limited to maximum $250,000 per unrated ADI.


 

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Overall Portfolio Credit Framework – Compliance with Investment Policy Requirements

Clause 4.2.1 of Council’s Investment Policy requires that the total percentage exposure within the market to any particular credit rating category be limited, as detailed in the table below:

S&P Long Term Rating*

S&P Short Term Rating*

Maximum %

Portfolio Complies with Policy?

AAA

(incl. government guaranteed deposits)

A-1+

100%

Yes

AA+

AA

AA-

A+

A-1

100%

Yes

A

A-

A-2

80%

Yes

BBB+

BBB

BBB-

A-3

30%

Yes

Unrated**

Unrated**

5%

Yes ($Nil)

*        Or Moody’s / Fitch equivalents

**          Unrated Category is restricted to eligible managed funds such as the NSW Treasury Corporation Hour Glass Facilities and ADIs covered by the government guarantee scheme.


 

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Term to Maturity Framework – Compliance with Investment Policy Requirements

Clause 4.2.4 of Council’s Investment Policy requires Council’s investment portfolio is to be invested within the following maturity constraints:

Overall Portfolio Term to Maturity Limits

Portfolio Complies with Policy?

Portfolio % <1 year

Min 40%

Max 100%

Yes

Portfolio % >1 year ≤3 year

Min 0%

Max 60%

Yes

Portfolio % >3 year ≤5 year

Min 0%

Max 30%

Yes

 

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Investment Performance vs Benchmark

a)      Portfolio Return vs Benchmark

Investment Portfolio Return *

Benchmark: AusBond Bank Bill Index

1 Month

0.410%

0.38%

3 Months

1.249%

1.12%

FYTD

2.933%

2.63%

12 Months

5.153%

4.48%

*   Excludes trading account balances

Council’s Investment Advisors have stated this form of portfolio reporting conforms to global investment performance standards and that these standards say that periods below 12 months should not be annualised.

The above table shows a comparison of Council’s investment portfolio return to the benchmark. Council’s Investment Advisor, Laminar Capital, has created an accumulation index for the portfolio which increases each month by the portfolio internal rate of return to enable meaningful comparison to the benchmark AusBond Bank Bill index, which is an accumulation index.

The Bloomberg AusBond Bank Bill Index is engineered to measure the Australian money market by representing a passively managed short term money market portfolio. This index is comprised of 13 synthetic instruments defined by rates interpolated from the RBA 24-hour cash rate, 1M BBSW, and 3M BBSW.

The portfolio achieved a return of 0.410% for the month of January which was 0.030% above the benchmark AusBond Bank Bill Index return of 0.38%. For the past 12 months the portfolio achieved a return of 5.153% which was 0.673% above the benchmark AusBond Bank Bill Index return of 4.48%.

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b)      Portfolio Interest Rate vs Benchmark

Weighted Average Portfolio Interest Rate (%pa) *

Average

RBA Cash Rate

1 Month

4.97%

4.35%

3 Months

4.98%

4.35%

6 Months

5.00%

4.35%

FYTD

5.03%

4.35%

12 Months

5.10%

4.35%

*   Excludes trading account balances

The above table shows the weighted average interest rate of the portfolio as at month end. This is an average of all the interest rates that each term deposit is earning. It is the current earning rate of the portfolio, and this information is useful as it shows how the earning rate is changing each month in line with changes in market interest rates. Each time a term deposit matures during the month it is being reinvested at current interest rates. To facilitate meaningful comparison, the weighted average interest rate of the portfolio is compared to the average Reserve Bank of Australia Cash Rate for the same period.

The weighted average interest rate of the portfolio is 4.97% compared to 4.99% for the prior month. For the past 12 months the weighted average interest rate of the portfolio was 5.10% compared to the average Reserve Bank of Australia Cash Rate of 4.35%.

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Investment Income* vs Budget

 

Year to Date
$

Investment Income

6,624,663

Adjustment for Fair Value

17,760

Total Investment Income

6,642,423

                        

 

Budgeted Income

6,458,814

*Includes all cash and investment holdings

 

 

 

 




Statement of Compliance

Portfolio Performance vs 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

 

Restricted cash, cash equivalents and investments

At the end of January 2025 total cash & investments were $213,478,096 and were made up of the following reserve allocations.

Allocation of Funds

Amount ($)

Percentage

Externally Restricted

$58m

27.2%

Internally Restricted

$83m

39.0%

Total Restricted

$141m

66.2%

Unrestricted

$72m

33.8%

Total

$213m

100.0%

 

Financial Considerations

Actual investment income for the period from 1 July 2024 to date was $6,642,423 compared to budgeted income of $6,458,814, a positive variance of $183,609 as a result of both a higher than anticipated level of investments and higher investment interest rates.

Governance and Risk Considerations

A revised Investment Policy was adopted by Council at its meeting on 26 July 2022. The Policy is reviewed annually by the Audit, Risk and Improvement Committee. It was reviewed by the Committee at its meeting in December 2024, and no changes to the Policy were proposed.

Council’s Investment Policy and Strategy was reviewed in September 2024 by Council’s Investment Advisors, Laminar Capital Pty Ltd, who confirmed that the current policy “remains consistent with the Ministerial Investment Order and guidelines issued by the Chief Executive (Local Government), Department of Premier and Cabinet” and that they “do not recommend any changes to the list of approved investments or credit limit frameworks”.

Environmental Considerations

Council’s investments are managed in accordance with Council’s Investment Policy. Council’s Investment Policy requires consideration of environmental responsibility when making investment decisions.

Social Considerations

Council’s investments are managed in accordance with Council’s Investment Policy. Council’s Investment Policy requires consideration of social responsibility when making investment decisions.

Link to Strategy

This report relates to the Community Strategic Plan Outcome and Goal:

·        Good governance - Goal 19 Our Council is transparent and trusted to make decisions that reflect the values of the community.

 

Reporting team

Finance

TRIM file ref

2025/099292

Attachments

Nil

 

 


Item 9.3 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 9.3

Motions for the Australia Local Government Association (ALGA) Conference 2025 and ALGA election funding priorities

 

Purpose

The purpose of this report is to recommend motions to the 2025 National General Assembly of Local Government (2025 NGA), convened by the Australian Local Government Association (ALGA) and support ALGA’s campaign for federal election funding priorities.

Executive Summary

·        The 2025 NGA is a forum for councils across Australia to discuss current and emerging issues facing the sector.

·        The ALGA 2025 NGA will be held in Canberra from 24 to 27 June 2025.

·        The ALGA is inviting motions for consideration and the theme of the 2025 NGA will be ‘National Priorities Need Local Solutions’.

·        It is suggested that Council submit the attached motions for the 2025 NGA.

·        In the lead up to the federal election, ALGA is advocating for additional federal funding to support councils to play a bigger role in delivering local solutions to national priorities.

·        ALGA has requested all Australian councils participate in this campaign.

RECOMMENDATION

That Council:

1.       Submit the following motions to the Australian Local Government Association (ALGA) for consideration at the 2025 National General Assembly of Local Government:

a.    Candidate Safety in Local Government Elections

b.    Built environment in response to climate change

c.    Comprehensive action to tackle plastic waste.

2.       Support the national federal election funding priorities identified by the ALGA.

3.       Support and participate in the Put Our Communities First federal election campaign.

4.       Write to the local federal members of Parliament, all known election candidates in local federal electorates and the President of ALGA expressing support for ALGA’s federal election funding priorities.

 


 

Background

The ALGA 2025 NGA will be held in Canberra from 24 to 27 June 2025. The assembly is a forum for councils across Australia to discuss current and emerging issues facing the sector.

The ALGA is inviting motions for consideration. Motions passed at the assembly inform ALGA’s strategic direction and national advocacy agenda. Motions for the general assembly first require the endorsement of Council and are to be submitted to ALGA by 31 March 2025. Motions will therefore require a resolution of Council no later than the March Council meeting. 

The theme of the 2025 NGA will be ‘National Priorities Need Local Solutions’. ALGA is seeking motions that align with this theme and identify opportunities for councils to deliver local place-based solutions. To assist in developing motions, the ALGA has released a discussion paper.

Criteria for motions

To be eligible for inclusion in the ALGA National General Assembly business papers, motions must:

1.       be relevant to the work of local government nationally

2.       not be focused on specific jurisdiction, location or region – unless the project or issue has major implications

3.       be consistent with the themes of the NGA

4.       complement or build on the policy objectives of your state and territory local government association

5.       be submitted by a council which is a financial member of their state or territory local government association

6.       propose a clear action and outcome, i.e. call on the Australian Government to act on something

7.       not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members, or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

8.       address issues that will directly improve the capacity of local government to deliver services and infrastructure for the benefit of all Australian communities

9.       not seek to advance an outcome that would result in a benefit to one group of councils to the detriment of another

10.     be supported by sufficient evidence to support the outcome being sought and demonstrate the relevance and significance of the matter to local government nationally.

Motions must commence with the following wording: This National General Assembly calls on the Australian Government to…

DISCUSSION

It is recommended that Council submit the following motions to the 2025 NGA:

1.       Candidate safety in Local Government Elections

Background:

 

The purpose of this motion is to encourage advocacy for a change in legislation due to safety concerns for Local Government candidates who as of the last local government election have to disclose a home or work street address on any material authorised for distribution of advertising, particularly noting recent violent attacks on Members of Parliament and their offices.

 

Motion:

 

This National General Assembly calls on the Australian Government for legislative reform to ensure Local Government candidates safety by removing the requirement to have a street address on campaign material which poses a significant safety risk to candidates, their families, and others.

2.       Built environment in response to climate change

Background

          The purpose of this motion is to broaden the advocacy agenda in relation to climate       change.

          Motion

          This National General Assembly calls on the Australian Government to advocate:

1.       To implement NatHERS 7-star energy ratings to apply to multi-residential buildings 5 storeys and under.

2.       To accept and implement the National Construction Code (NCC) 2022 Liveable (accessible) Housing provisions to be applicable to all residential dwellings, consistent with other states and territories.

3.       Comprehensive action to tackle plastic waste

Background

The purpose of this motion is to promote advocacy for more responsible management of plastics in the Australian economy, to help protect our wildlife, waterways, food chain and environment and increase the public’s confidence in the recycling system. 

Motion

This National General Assembly calls on the Australian Government for legislative and policy reform to:

1.       Develop a program to phase out the use of ‘difficult to recycle’ plastics such as soft plastics and polystyrene.

 

2.       Develop and implement a national product stewardship scheme for plastics, where organisations that make and sell plastics also take responsibility for managing adverse impacts.

 

3.       Support the plastic recycling sector by:

a.   providing an appropriate level of funding to help build infrastructure to recover valuable materials from recyclable plastics.

b.   developing sustainable markets for recovered plastics.

ALGA advocacy initiative for the 2025 Federal Election Campaign

Working in conjunction with its member state and territory associations, ALGA has developed a framework and resources for a national advocacy campaign that will run in the lead up to the next federal election.

Based around the tagline of ‘Put Our Communities First’, their goal is to secure additional federal funding that will support every council to play a bigger role delivering local solutions to national priorities.

All Australian councils have been asked to participate in this campaign to ensure a coordinated approach that will deliver the best possible outcomes.

The Put Our Communities First campaign will advocate for new federal funding to be distributed to all councils on a formula-basis, similar to the Commonwealth’s Roads to Recovery Program, or the previous Local Roads and Community Infrastructure Program.

This is intended to ensure that every council and community benefits, and it supports local decision making based on local needs.

ALGA has developed free campaign resources that can be adapted and used by all councils to ensure a consistent and effective approach.

Participating in a national advocacy campaign does not preclude Council from advocating on additional local needs and issues, but it will strengthen the national campaign and support all 537 Australian local governments.

The 5 national funding priorities have been determined by the ALGA Board – comprised of representatives from each of Australia’s state and territory local government associations – and align with key national priorities.

These 5 funding priorities are:

·     $1.1 billion per year for enabling infrastructure to unlock housing supply

·     $500 million per year for community infrastructure

·     $600 million per year for safer local roads

·     $900 million per year for increased local government emergency management capability and capacity

·     $400 million per year for climate change adaptation.

ALGA has provided further information on each of these funding priorities as shown below.

Housing enabling infrastructure

A lack of funding for enabling infrastructure – including roads, and water and sewerage treatment connections and facilities – is a significant barrier to increasing housing supply across the country.

Research from Equity Economics found that 40 per cent of local governments have cut back on new infrastructure developments because of inadequate enabling infrastructure funding.

This research also shows that achieving the National Housing Accord’s housing targets would incur an additional $5.7 billion funding shortfall on top of infrastructure funding gaps already being felt by councils and their communities.

A five year, $1.1 billion per annum program would fund the infrastructure that is essential to new housing developments, and Australia reaching its housing targets.

Community Infrastructure

ALGA’s 2024 National State of the Assets report indicates that $8.3 billion worth of local government buildings and $2.9 billion worth of parks and recreation facilities are in poor condition and need attention.

Introduced in 2020, the Local Roads and Community Infrastructure Program supported all councils to build, maintain and upgrade local facilities, with $3.25 billion allocated on a formula basis.

This program had a significant impact, driving an almost $1 billion improvement in the condition of local government buildings and facilities; and a $500 million per year replacement fund would support all councils to build, upgrade and revitalise the community infrastructure all Australians rely on.

Safer Roads

Councils manage more than 75% of Australia’s roads by length, and tragically more than half of all fatal road crashes in Australia occur on these roads.

In 2023 the Australian Government announced that it would double Roads to Recovery funding over the forward estimates, providing councils with an additional $500 million per year.

However, recent independent research by the Grattan Institute highlighted a $1 billion local government road maintenance funding shortfall, meaning there is still a significant funding gap.

Providing local government with $600 million per year tied to road safety programs and infrastructure upgrades would support all councils to play a more effective role addressing Australia’s unacceptable road toll.

Climate adaptation

Local governments are at the forefront of grappling with climate impacts as both asset managers and land use decision makers.

However, funding and support from other levels of government has failed to keep pace, placing an inequitable burden on councils and communities to fund this work locally.

A $400 million per year local government climate adaptation fund would enable all councils to implement place-based approaches to adaptation, delivering local solutions to this national challenge.

Emergency management

Fires, floods and cyclones currently cost Australia $38 billion per year, and this is predicted to rise to $73 billion by 2060.

Australian councils play a key role preparing for, responding to and recovering from natural disasters, but aren’t effectively funded to carry out these duties.

The Government’s $200 million per year Disaster Ready Fund is significantly oversubscribed, especially considering the scale and cost of disaster mitigation projects.

Numerous national reviews – including the Colvin Review and Royal Commission into Natural Disaster Arrangements – have identified the need for a significant uplift in local government emergency management capability and capacity.

A $900 million per year fund would support all councils to better prepare their communities before natural disasters, and more effectively carry out the emergency management responsibilities that have been delegated to them.

Timing

Should Council proceed to resolve to submit these or any other motions to the 2025 NGA, the motions must then be lodged with ALGA by 31 March 2025.

Financial Considerations

Funding to support the submission of motions and attendance to the 2025 NGA is included in the existing budget.

Governance and Risk Considerations

There are no significant governance or risk considerations relating to this report. Council complies with the ALGA conference rules with regards to motions. 

Environmental Considerations

The subject of this report has no adverse environmental implications for Council.

Social Considerations

The recommendations in this report will have a positive social outcome for the community. These motions advocate for local needs and seek to help inform decision making and policies that improve social outcomes such as community safety.

Link to Strategy

This report relates to the Community Strategic Plan Outcomes and Goals:

·        Good governance - Goal 19 Our Council is transparent and trusted to make decisions that reflect the values of the community.

·        Good governance - Goal 20 Our Council is proactive, and efficiently and effectively responds to, and delivers on, the evolving needs of the community.

 

Reporting team

Governance & Risk

TRIM file ref

2025/100328

Attachments

Nil

 

 


Item 10.1 Northern Beaches Council MEETING - 18 March 2025

10.0    Community and Recreation Division Reports

 

ITEM 10.1

Public Exhibition - Proposal to Establish Alcohol Free Zones

 

PURPOSE

The purpose of this report is to seek Council’s approval to publicly exhibit the proposals to establish and re-establish Alcohol Free Zones (AFZs) across the Northern Beaches for a period of up to 4 years from 1 September 2025 to 31 August 2029. 

Executive Summary

·        To support police and rangers manage alcohol related antisocial behaviour, Council is able to declare road related areas (e.g. public roads, footpaths and car parks) throughout the Local Government Area as Alcohol Free Zones (AFZs).

·        The principal objective of an AFZ is to prevent antisocial and criminal behaviour caused by the consumption of alcohol in public areas, to improve public safety.

·        Council is reviewing 19 existing AFZs due to expire between 31 August 2025 and 30 June 2026 to align all zones and reduce resourcing costs associated with reviews.

·        AFZs differ from Alcohol Prohibited Areas (APAs) which are applicable in parks, reserves and beaches and are addressed under section 632A of the Local Government Act 1993. A review of all APAs was undertaken and endorsed by Council in May 2024 (Resolution 128/24).

·        Comprehensive assessment of existing AFZs has been conducted in consultation with Police, including a review of incident data and analysis in alignment with the requirements of the relevant legislation and Ministerial Guidelines.

·        This report seeks to publicly exhibit a proposal to establish 5 AFZs with altered boundaries (Avalon, Collaroy, Mona Vale, Newport Zone A and Newport Zone B) and to re-establish 6 existing AFZs (Brookvale, Church Point, Dee Why, Freshwater, Manly, and Narrabeen) for up to 4 years, from 1 September 2025 to 31 August 2029. This includes consolidation of separate AFZs in Mona Vale and Narrabeen, with 6 AFZs not proposed for re-establishment.

·        All proposals have been assessed as meeting the required criteria and must be publicly exhibited for at least 30 days to seek community feedback before they can be established as an AFZ.

RECOMMENDATION

That Council undertake public consultation, in accordance with section 644A of the Local Government Act 1993 and the Ministerial Guidelines on Alcohol Free Zones 2009, in relation to:

1.       The proposed establishment of Alcohol-Free Zones in Avalon, Collaroy, Mona Vale, Newport Zone A and Newport Zone B for the period of 1 September 2025 to 31 August 2029 (outlined in Attachment 1 to this report).

2.       The proposed re-establishment of the Alcohol-Free Zones in Brookvale, Church Point, Dee Why, Freshwater, Manly and Narrabeen for the period of 1 September 2025 to 31 August 2029 (outlined in Attachment 1 to this report).


 

Background

The process for establishing and re-establishing Alcohol Free Zones (AFZs) is detailed in sections 644, 644A, 644B, 644C and 646 of the Local Government Act 1993, and the associated Ministerial Guidelines on Alcohol Free Zones 2009 (Ministerial Guidelines). The legislation and Ministerial Guidelines require that any establishment or re-establishment of AFZs must involve consultation with Police and a public consultation process inviting representations or objections for a period of at least 30 days.

AFZs enable Council to prohibit the consumption of alcohol in road related spaces. The principal objective of an AFZ is to prevent disorderly behaviour caused by the consumption of alcohol in public areas, improve public safety and reduce crime (Ministerial Guidelines). Once established, an AFZ may remain in force for up to 4 years during which time drinking alcohol is prohibited 7 days a week, 24 hours a day in that zone.

AFZs can only be established for public roads and parts of public roads (e.g. adjacent footpaths) and public car parks. They differ from Alcohol Prohibited Areas (APAs) which are applicable in parks, reserves and beaches and are addressed under Section 632A of the Local Government Act 1993. A review of all APAs was undertaken and endorsed by Council in May 2024 (Resolution 128/24).

AFZs allow police and rangers to empty or otherwise dispose of alcohol if a person is drinking, if there is reasonable cause to believe the person is about to drink or has recently been drinking alcohol in a designated AFZ.

All 19 existing AFZs across the Northern Beaches are due to expire between 31 August 2025 and 30 June 2026. These AFZs are being reviewed in one process to provide consistency for community members and to reduce resourcing costs.

Discussion

A comprehensive assessment of all existing AFZs has been conducted. This involved analysis of background information, reports to Council, Police enforcement data and insights into street drinking and related crime relating to each individual AFZ. This information was assessed against the requirements of the legislation and Ministerial Guidelines with attention to where incidents are currently occurring and whether there has been some movement in activity as our community evolves over time.

The following table provides a summary of proposals against each existing AFZ:

Existing AFZ

Establish AFZ as is for a period of up to 4 years from 1 September 2025

Establish AFZ with altered boundaries, for a period of up to 4 years from 1 September 2025

AFZ not be re-established after expiry of current AFZ

Avalon

(CBD and surrounds)

ü

Belrose A

(Streets bounding Lionel Watts Park)

ü

(expires 31/8/25)

Belrose B

(Streets bounding Wingara Reserve)

ü

(expires 31/8/25)

Brookvale

(Pittwater Road: Warringah Mall bus stops)

ü

Church Point

(Pittwater Road: Cargo wharf to Church Point Reserve carpark)

ü

Collaroy

(Pittwater Road: adjacent to licensed premises)

ü

Cromer

(Fisher Road adjacent to James Morgan Reserve)

ü

(expires 31/8/25)

Dee Why

(CBD to the beach)

ü

Forestville

(Forestville Shopping Centre across to Warringah Road)

ü

(expires 31/8/25)

Freshwater A

(Shopping centre across to beach)

ü

Freshwater B

(Adjacent to Freshwater A and Harbord Diggers)

ü

(expires 30/11/25)

Manly

(CBD and bounding Ivanhoe Park)

ü

Mona Vale A

(CBD and surrounding streets and across to beach)

 

ü

Mona Vale

Mona Vale B

(Bounding Seabeach Retirement Village)

Narrabeen A

(Pittwater Road: Bridge to Goodwin Street)

 

ü

Narrabeen

Narrabeen B

(Wellington Street carpark)

Newport Beach

(CBD and along to end of beach carpark)

ü

Newport Zone A

Newport Residential

(around The Newport and across to Barrenjoey Road)

ü

Newport Zone B

Palm Beach

(Ocean Beach Road: From Palm Beach Road to rock pool)

ü

(expires 30/11/25)

TOTAL

6

5

6

 

 

This report seeks to publicly exhibit a proposal to establish 5 AFZs with altered boundaries (Avalon, Collaroy, Mona Vale, Newport Zone A and Newport Zone B) and to re-establish 6 existing AFZs (Brookvale, Church Point, Dee Why, Freshwater, Manly, and Narrabeen) for up to 4 years, from 1 September 2025 to 31 August 2029. This includes consolidation of separate AFZs in Mona Vale and Narrabeen, with 6 AFZs not proposed for re-establishment. Maps and a detailed summary for each existing AFZ are provided to support Council’s decision making (Attachment 1).

The commander of the Northern Beaches Police Area Command has advised support of these proposals (Attachment 2).

Proposals to establish existing AFZs were assessed as continuing to experience antisocial behaviour relating to the consumption of alcohol in road related areas and that their existing boundaries are well placed to support ongoing enforcement. Proposals to establish AFZs with altered boundaries are the result of an assessment that antisocial activity associated with street drinking has either reduced or mobilised in those areas and boundary changes are required to address that movement.

It is proposed to re-establish the existing Narrabeen A and B AFZs as a single Narrabeen AFZ, consolidate the existing Mona Vale A and B AFZs as a single Mona Vale AFZ with altered boundaries, and to rename the existing Newport Beach and Newport Residential AFZs into a Newport Zone A and Zone B, with altered boundaries.

Existing AFZs not proposed for re-establishment do not meet the criteria for establishment of an AFZ in accordance with the Ministerial Guidelines. They are not currently coming to the attention of Council as hotspots for inappropriate street drinking and Police data does not indicate that public use of the existing AFZ has been compromised by street drinkers over the 3 years.

Consultation

Northern Beaches Police Area Command has been consulted in the development of the proposed AFZs (Attachment 2)

To re-establish the proposed AFZs or establish new AFZs, section 644A of the Local Government Act 1993 and the Ministerial Guidelines require Council to undertake a public consultation process that involves:

·        publishing a notice in a manner that the council is satisfied is likely to bring the notice to the attention of members of the public in the area as a whole or in a part of the area that includes the zone concerned, inviting representations or comments within 30 days

·        sending a copy of the proposal to the Northern Beaches Police Area Commander

·        sending a copy to liquor licensees and secretaries of clubs of premises that border on, or adjoin, or are adjacent to the proposed AFZ

·        sending a copy of the proposal to any known organisation representing or able to speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse group within the local area.

In addition to these requirements, it is also proposed to:

·        erect signage in the proposed locations inviting submissions from the community

·        distribute proposals via Council’s Have Your Say engagement newsletters.

A resolution of Council is sought to commence public consultation on this proposal.

Through the engagement undertaken in the development of the Northern Beaches Community Safety Plan and Better Together Social Sustainability Strategy, the community identified a reduction in alcohol related anti-social behaviour in public spaces as a means of achieving increased safety. Broad community engagement suggests a high level of concern about alcohol related antisocial behaviour in public spaces and the impact of that behaviour on personal safety when walking and using public transport at night. 

Timing

A number of AFZs subject to this report will expire on 31 August 2025.  Any approved AFZ must be signposted, and the public notified at least 7 days in advance of an AFZ being established or re-established.

If Council resolves to proceed as recommended in this report, the public consultation process will be implemented in accordance with section 644A of the Local Government Act 1993 and the Ministerial Guidelines, inviting representations or comments within at least 30 days. Submissions will be reviewed, and a further report presented to Council, detailing the outcomes of the community engagement.

Financial Considerations

The draft 2025/26 operational budget includes $41,548 for the signage works. This will be used for the replacement of existing signage once the AFZs are enacted and the removal of signage where AFZs will not be re-established. 

Governance and Risk Considerations

The establishment of AFZs are governed by sections 644, 644A, 644B, 644C, 646 of the Local Government Act 1993 and the Ministerial Guidelines.

Community safety is identified as a strategic risk to the Northern Beaches. The Community Safety Plan contains actions that will address identified community safety and crime prevention priorities of the community, mitigating the strategic risks posed. An action to conduct a full review of alcohol restricted zoning is included in the Plan.

Environmental Considerations

The establishment and re-establishment of AFZs is unlikely to have any discernible environmental impacts.

Social Considerations

The recommendations in this report will have positive social outcomes for the community through providing police and rangers with a tool to enforce alcohol restrictions in locations with evidence of anti-social behaviour related to irresponsible street drinking.

Council is committed to ensuring that open spaces are high quality, safe, accessible and facilitate the healthy and active lifestyle that is important to the Northern Beaches community. 

To improve public safety AFZs are established in public roads, footpaths and public carparks to reduce disruptive and anti-social behaviour, as well as alcohol-related crime in public places. They often work in partnership with APAs, which relate to parks and reserves. 

Link to Strategy

This report relates to the Community Strategic Plan Outcome and Goal:

·        Community and belonging - Goal 8 Our community feels safe and supported.

 

Reporting team

Community, Arts & Culture

TRIM file ref

2025/055097

Attachments

1    Summary of Assessments - Alcohol Free Zone Review (Included In Attachments Booklet)

2    Police response to initial assessments (Included In Attachments Booklet)

 


Item 11.1 Northern Beaches Council MEETING - 18 March 2025

11.0    Environment and Open Space Division Reports

 

ITEM 11.1

Outcome of Public Exhibition - Renaming Proposal Old Reub Hudson Oval to Panucci Field

 

Purpose

The purpose of this report is to present the outcome of the public exhibition of the proposal to rename Old Reub Hudson Oval at John Fisher Park as Panucci Field and seek adoption of the proposal.

Executive Summary

·        Council has received a request from the family of the late Francesco Panucci to rename Old Reub Hudson Oval at John Fisher Park, North Curl Curl as Panucci Field in recognition of the contributions he and his family made to the socio-cultural heritage of the local area. 

·        In the 1940s, Francesco Panucci owned land on which the oval is located and established a market garden here and sponsored Italian immigrants to the Northern Beaches.

·        The land was aquired by Council in 1970 to provide public open space for the area and it later became part of the Reub Hudson Sporting Complex at John Fisher Park (which was named to recognise Reub Hudson’s contributions to sport).

·        There are 2 sportsfields at John Fisher Park named after Reub Hudson, Old Reub Hudson Oval and the adjoining Reub Hudson Oval - the Hudson family have indicated they have no objection to renaming Old Reub Hudson Oval on the understanding that the Reub Hudson Oval name is retained.

·        Following a review of the request and consultation with the Geographical Names Board of NSW the naming proposal was publicly exhibited from 5 September 2024 to 6 October 2024.

·        The majority of the 98 submissions received were supportive of the naming proposal.

·        Based on the feedback received it is recommended to rename Old Reub Hudson Oval at John Fisher Park, North Curl Curl to Panucci Field, request approval of the Geographical Names Board of NSW and retain the name of the adjoining Reub Hudson Oval.

RECOMMENDATION

That Council:

1.       Endorse the proposal to rename Old Reub Hudson Oval at John Fisher Park, North Curl Curl to Panucci Field.

2.       Submit an application to the Geographical Names Board of NSW to rename Old Reub Hudson Oval at John Fisher Park, North Curl Curl to Panucci Field.

3.       If approved by Geographical Names Board of NSW, install signage at the field in consultation with the Panucci and Hudson families.

4.       Note that the name of the adjoining field ‘Reub Hudson Oval’ will be retained.

 


 

Background

Council has received a request from the family of the late Francesco Panucci (1887-1970) to consider renaming Old Reub Hudson Oval at John Fisher Park, North Curl Curl (Attachment 1) as Panucci Field (the request). The Panucci family aims to recognise the socio-cultural contributions made by Francesco Panucci to the local area.

In the 1940s, Francesco Panucci owned land at what is now known as John Fisher Park (including the oval), established a market garden here and sponsored Italian immigrants to the Northern Beaches. Sponsorship included providing ‘maintenance guarantees’ such as accommodation, employment and support until they were able to support themselves. At that time, Italian and Chinese market gardens and sponsorship arrangements were common in the Curl Curl, Brookvale and Dee Why areas which contributed greatly to the rich multi-cultural and social history of the Northern Beaches.

The Panuccis’ land was aquired by Council in 1970 to implement its planning scheme to provide more open space for the area and later became part of the Reub Hudson Sporting Complex at John Fisher Park (which was named to recognise Reub Hudson’s contributions to sport).

One olive tree from the Panucci family’s orchard remains outside the John Fisher Park Creative Space, and in 2003 a plaque was placed under this tree to highlight its historical significance. The gardens at the Creative Space are also known as Panucci Gardens.

There are 2 sportsfields at John Fisher Park named after Reub Hudson, Old Reub Hudson Oval and the adjoining Reub Hudson Oval (Attachment 1). The Hudson family have been consulted and indicated they have no objection to renaming Old Reub Hudson Oval on the understanding that the Reub Hudson Oval name is retained.

Discussion

The Naming our Reserves, Facilities and Roads Policy (Council Policy) and the Geographical Names Board of NSW Policy - Place Naming (GNB Policy) applies to this request.

The Council policy indicates that:

·        naming of reserves to honour individuals can be considered if, among other things, they have been deceased for at least a year and made a highly significant contribution to the specific area or community

·        naming proposals are to be publicly exhibited for community comment

·        naming geographical features and facilities on Council land requires Council approval.

The GNB policy indicates that:

·        ‘Ownership of land is not in itself grounds for the application of an owner’s name’ and that for the allocation of personal names ‘…such persons shall have had a long-term association with the area, or have made a significant contribution to the area...’

·        naming geographical features such as parks and reserves requires GNB approval

·        naming of facilities within a reserve does not require GNB approval.

The request to rename Old Reub Hudson Oval as Panucci Field (the naming proposal) aligns with the Council policy and the GNB policy.

Consultation

As advised to Councillors on 2 September 2024, following the assessment of the request, feedback from the Hudson family and the GNB, the naming proposal was publicly exhibited from 5 September and 6 October 2024.

Public exhibition and the opportunity to provide feedback was promoted via temporary signs on-site, letters to nearby homes, Council’s e-mail newsletter, stakeholder emails and a Your Say online project page. Feedback was collected through an online form and by email.

During the public exhibition period 98 submissions were received. The majority of submissions and comments supported the proposal. The key themes arising from the submissions and staff responses are presented in Table 1 below. A detailed summary of submissions can be found in the Community Engagement Report at Attachment 2.

Table 1. Public Exhibition of the proposal to rename Old Reub Hudson Oval as Panucci Field: Key Themes and Responses

Theme

Summary – What we heard: issues, suggestions, requests and other considerations raised

Response

The naming proposal is a fitting tribute to Francesco Panucci.

 

The majority of submissions supported the proposal because it honours the contributions made by Francesco Panucci to the local area and his support for Italian immigrants.

This naming proposal aligns with the Council and the GNB naming policies. It is considered that the naming proposal is appropriate given the significant social and cultural contributions made by Francesco Panucci to the local area.

There are currently 2 adjoining ovals that are named after Reub Hudson.

There was support for having 2 distinct names for the ovals currently known as Reub Hudson Oval and Old Reub Hudson Oval.

Clearly defined names will assist the community to identify the correct oval, particularly for visiting sports teams. It also provides an opportunity to recognise not one but 2 local people of merit.

Retain the existing name or rename after another sportsperson.

A small number of submissions expressed a preference to retain its existing name, or another sportsperson’s name.

The majority of comments supported the naming proposal.

The adjoining sportsfield will retain the name Reub Hudson Oval. The Hudson family have no objection to the naming proposal.

Preference for a First Nations name

A small number of submissions expressed a preference for a First Nations name.

The majority of comments supported the naming proposal.

This naming proposal aligns with the Council and the GNB naming policies. It is considered that the naming proposal is appropriate given the significant social and cultural contributions made by Francesco Panucci to the local area.

 

Timing

Should the naming proposal and the recommendations within this report be approved by Council:

·        An application will be made to the GNB to approve the renaming of Old Reub Hudson Oval as Panucci Field.

·        Should the GNB approve the name:

-        a sportsfield sign and an interpretative sign will be developed and installed in consultation with the Panucci and the Hudson families and an offer for arranging a formal naming ceremony made. Council will also take the opportunity to update the signs for Reub Hudson Oval and Denzil Joyce Oval

-        the Curl Curl Lagoon Friends and sport groups across the Northern Beaches that regularly use the field will be informed.

Financial Considerations

Should the naming proposal be approved by Council and the GNB, new signs will be installed at the field. The cost of these signs is estimated to be in the order of $4,000. There are funds available in the 2024/25 Parks and Open Space operational budget to meet the costs of signage and a naming ceremony (should this be required).

Governance and Risk Considerations

This naming proposal aligns with Council’s Naming our Reserves, Facilities and Roads Policy and the GNB Policy – Place Naming.

The background information provided by the Panucci family about Francesco Panucci has been verified by Council staff through historic records and maps and is consistent with the submissions received by the descendants of Italian immigrants who were sponsored by Francesco Panucci.

The implementation of the new name, if approved, would involve updates to Council’s webpage and spatial information system, informing users and new signage. The GNB would add the reserve name to its mapping database.

Environmental Considerations

There are no environmental considerations arising from the recommendations of this report.

Social Considerations

This naming proposal is considered a fitting way to recognise the significant contributions made by Francesco Panucci and family who enriched the local area economically, culturally and socially.

The name Reub Hudson Oval, which adjoins Old Reub Hudson Oval, is to be retained.

Link to Strategy

This report relates to Council’s Naming Our Reserves, Facilities and Roads Policy and to these Community Strategic Plan 2040 Outcomes and Goals:

·        Good governance - Goal 19 Our Council is transparent and trusted to make decisions that reflect the values of the community.

·        Partnership and participation - Goal 21 Our community is engaged in decision making processes.

 

Reporting team

Parks & Open Space

TRIM file ref

2024/668236

Attachments

1    Map of the Proposed Panucci Field at John Fisher Park (Included In Attachments Booklet)

2    Community Engagement Report - Proposed renaming - Old Reub Hudson Oval to Panucci Field (Included In Attachments Booklet)

 

 


Item 11.2 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 11.2

Minutes of the Northern Beaches Bush Fire Management Committee held 5 March 2024, 4 June 2024 and 3 September 2024

 

Purpose

The purpose of this report is to provide the confirmed minutes of the Northern Beaches Bush Fire Management Committee (BFMC) meetings held on 5 March 2024, 4 June 2024 and 3 September 2024.

Executive Summary

·        The BFMC consists of a range of agencies and stakeholders including the fire authorities, land managers and community organisations, and is responsible for coordinating bush fire management throughout the Northern Beaches.

·        Ordinary meetings of the BFMC were held on 5 March 2024 and 4 June 2024, the minutes of which were adopted at the BFMC meeting held on 3 September 2024 and circulated to Council on 4 November 2024.

·        A further ordinary meeting of the BFMC was held on 3 September 2024, the minutes of which were adopted at the BFMC meeting held on 3 December 2024 and circulated to Council on 24 January 2025.

·        A number of coordinated programs and hazard reduction initiatives from the 2023/24 and 2024/25 financial years were discussed at these meetings and a summary of matters relevant to Council is included in this report.

·        The minutes adopted by the BFMC are included as attachments to this report and are reported for noting, with no action sought from Council.

RECOMMENDATION

That Council note:

1.       The confirmed minutes of the Northern Beaches Bush Fire Management Committee meetings held on 5 March 2024, 4 June 2024 and 3 September 2024.

2.       Meeting minutes do not seek action from Council.

 


 

Background

The Northern Beaches Bush Fire Management Committee (BFMC) area comprises 23,525 hectares, of which Council has care, control and management of approximately 13% of the land. The remainder of the area is managed by NSW National Parks and Wildlife Service (NPWS) (46%), private tenure (36%), or by other government agencies (5%).

Under the Rural Fires Act 1997 landowners are responsible for managing bush fire risk on their land. The BFMC consists of a range of agencies and stakeholders such as the fire authorities, land managers and community organisations. The BFMC is responsible for coordinating bush fire management across the Local Government Area (LGA) and Council actively participates in the Committee and its sub-committees.

Ordinary BFMC meetings are held quarterly, and the release of final minutes takes some time due to the preparation process. This process includes the draft minutes from each meeting being prepared by the Executive Officer and NSW Rural Fire Service (RFS) staff which are then circulated to member agencies for review. At the subsequent meeting, any changes proposed by member agencies are discussed and agreed, and the BFMC moves to accept and adopt the minutes. Once adopted, the final minutes are released by the Executive Officer.

Discussion

BFMC Meeting – 5 March 2024

An ordinary meeting of the BFMC was held on 5 March 2024, the minutes of which were adopted at the BFMC meeting held on 3 September 2024. The Executive Officer provided the final minutes to Council on 4 November 2024 and a copy is attached to this report (Attachment 1).

Matters discussed at the meeting relevant to Council included the following:

·        Acceptance of minutes, matters arising and correspondence in/out

·        Hazard reduction program update

·        Bush Fire Risk Management Plan (BFRMP) update

·        Ignition Prevention Plan (IPP) update

·        Fire Access and Fire Trail Plan (FAFT) update

·        General business.

BFMC Meeting – 4 June 2024

An ordinary meeting of the BFMC was held on 4 June 2024, the minutes of which were adopted at the BFMC meeting held on 3 September 2024. The Executive Officer provided the final minutes to Council on 4 November 2024 and a copy is attached to this report (Attachment 2).

Matters discussed at the meeting relevant to Council included the following:

·        Acceptance of minutes, matters arising and correspondence in/out

·        Hazard reduction program update

·        Bush Fire Risk Management Plan (BFRMP) update

·        Ignition Prevention Plan (IPP) update

·        Fire Access and Fire Trail Plan (FAFT) update

·        General business.

 

BFMC Meeting – 3 September 2024

An ordinary meeting of the BFMC was held on 3 September 2024, the minutes of which were adopted at the BFMC meeting held on 3 December 2024. The Executive Officer provided the final minutes to Council on 24 January 2025 and a copy is attached to this report (Attachment 3).

Matters discussed at the meeting relevant to Council included the following:

·        Acceptance of minutes, matters arising and correspondence in/out

·        Hazard reduction program update

·        Bush Fire Risk Management Plan (BFRMP) update

·        Ignition Prevention Plan (IPP) update

·        Fire Access and Fire Trail Plan (FAFT) update

·        General business.

Financial Considerations

The recommendations of this report pose no financial impact on Council. Funding to support bush fire management is included in existing operational budgets and supported by RFS grants annually.

Governance and Risk Considerations

The BFMC is conducted in accordance with the governance arrangements outlined in the Rural Fires Act 1997. Council’s participation in the BFMC also satisfies the relevant requirements of Council’s Bush Fire Management Policy 2021.

Environmental Considerations

The initiatives and actions of the BFMC may have an environmental impact. The impact is assessed in accordance with the requirements of the relevant legislation including the Rural Fires Act 1997. Council continues to work with its BFMC partners to encourage due consideration of the environment in bush fire hazard reduction initiatives and to promote ecological/low intensity burns within the LGA.

Social Considerations

The subject of this report will have a positive impact on social outcomes for some members/ groups of the community. The BFMC provides valuable information and advice relating to risk and the safety of the community to support their resilience. It includes participation and engagement with several key state agency stakeholders. Council works with the fire agencies through this Committee to facilitate community preparedness before and during the bush fire season.

Link to Strategy

This report relates to the Community Strategic Plan Outcomes and Goals:

·        Protection of the environment - Goal 1 Our bushland, coast and waterways are protected for their intrinsic value.

·        Protection of the environment - Goal 2 Our environment is resilient to natural hazards and climate change.

 

 

Reporting team

Environment & Resilience

TRIM file ref

2025/056838

Attachments

1    Minutes of the Bush Fire Management Committee Meeting held 5 March 2024 (Included in Attachments Booklet)

2    Minutes of the Bush Fire Management Committee Meeting held 4 June 2024 (Included in Attachments Booklet)

3    Minutes of the Bush Fire Management Committee Meeting held 3 September 2024 (Included in Attachments Booklet)

 

 


Item 13.1 Northern Beaches Council MEETING - 18 March 2025

13.0    Transport and Assets Division Reports

 

ITEM 13.1

Outcome of Public Notice for the Proposed Lease and Licence of a Cafe at Dee Why Beach Reserve

 

NOTE: This item was listed on the agenda but not dealt with at the 18 February 2025 Council meeting.

Purpose

The purpose of this report is to inform Council of the outcome of the public notice and seek Council approval, in accordance with sections 47(5) - (9) of the Local Government Act 1993, to apply to the Minister for Local Government for consent to grant a lease and licence to operate the café at Oaks Avenue and The Strand, Dee Why Beach Reserve.

Executive Summary

·        Council is intending to release a public tender for a lease and licence to operate the café at Oaks Avenue and The Strand, Dee Why Beach Reserve, which is on land comprised in Part Lot 1 DP94791 and Lot 3 Sec 11 DP 6953, for a proposed term of up to 15 years.

·        Public notice of the proposal to grant a lease and a licence for a café at Oaks Avenue and The Strand, Dee Why Beach Reserve, was given in accordance with section 47 of the Local Government Act 1993 from 14 November 2024 to 19 December 2024 which resulted in a total of 7 submissions, including a submission by way of objection.

·        Council is required to consider the submissions duly made to it in respect of the proposed lease and licence during the public notice period and the table in this report has been prepared to assist Council’s consideration of the submissions received.

·        The Local Government Act 1993 provides that, if a person has made a submission by way of objection to the proposal, a council must not grant a lease or licence in respect of community land for a period exceeding 5 years except with the consent of the Minister for Local Government. Accordingly, should Council wish to grant the lease and licence, Council will need to apply to the Minister for consent to do so.

·        Whilst an objection against the proposal was received from one community member, having regard to all relevant circumstances, it is recommended that Council seek the consent of the Minister to grant the lease and licence.

RECOMMENDATION

That Council:

1.       Note it has considered all submissions in respect of the proposal to grant lease and licence agreement to operate the café at Oaks Avenue and The Strand, Dee Why Beach Reserve, which is on land comprised in Part Lot 1 DP94791 and Lot 3 Sec 11 DP 6953 for up to 15 years.

2.       Apply to the Minister for Local Government in accordance with section 47 of the Local Government Act 1993 for consent to grant the lease and licence for the café.

3.       Delegate authority to the Chief Executive Officer to do all things necessary to give effect to this resolution including execute all necessary documentation.

 


 

Background

The current lease for the Dee Why Beach Shed Café, which is located on community land owned by Council comprised in Part Lot 1 DP94791 and Lot 3 Sec 11 DP 6953, will terminate on 18 March 2025.

It is proposed to release a public tender for the operation of the café and Council, in accordance with the requirements of the Local Government Act 1993, has given public notice of its intention to grant a lease and licence for the café for a term up to 15 years upon the completion of the tender process.

Public notice of the proposal to grant the lease and licence was given in accordance with section 47 of the Local Government Act 1993 from 14 November 2024 to 19 December 2024, which resulted in 7 submissions including a submission by way of objection.

Council is required to consider the submissions duly made to it in respect of the proposed lease and licence. The table in this report has been prepared to assist Council’s consideration of the submissions received in respect of the proposed lease and licence. Further details, including the submissions received, are included in the public notification summary report found in the attachment to this report.

The Local Government Act 1993 provides that, if a person has made a submission by way of objection to the proposal, a council must not grant a lease or licence in respect of community land for a period exceeding 5 years except with the consent of the Minister for Local Government.  Accordingly, should Council wish to grant the lease and licence, Council will need to apply to the Minister for consent to do so.

Whilst a submission by way of objection against the proposal was received from one community member, having regard to all relevant circumstances, it is recommended that Council seek the consent of the Minister to grant the lease and licence.

Consultation

Through the notification period, a total of 7 submissions were received. Whilst the majority of submissions received were positive, there was a submission by way of objection that was not in support of the proposal and another that was supportive upon the condition that there was no further intensification. A full account, and the submissions received are included in the public notification summary report found in the attachment to this report.

The submissions by theme are summarised below along with Council staff responses.

Findings

Theme

What we heard

Council response

Positive Community Sentiment

Positive feedback on the café’s contribution to the community.

There is enthusiasm for a lease renewal, with hopes for a refreshed venue and improved offerings.

The proposed lease and licence is recommended for progression by staff.

Operating Hours

There was one submission preferring to keep operating hours as is, and another advocating for an extension in operating hours until 9.00pm.

Current operating hours are until 5.00pm, Monday to Sunday as per the development consent conditions.

While some Council beachside cafés have extended operating hours beyond 5.00pm any change in operating hours would require a modification to the development consent.

Future building works and expanded operations

Opposing views were raised in relation to expansion of outdoor seating, building works, and an increase to cafe patrons.

The publicly exhibited lease and licence plan area does not consider an expansion or alteration of the proposed dining footprint. Any future proposed change to this area would need to be publicly notified.

The roof is part of the lease area but remains non-trafficable. Any proposal to activate it would require Council approval and potentially a modification to the development consent.

The current development consent limits the number of seated patrons to 20, and any expansion to this would require a modification to the consent.

Considerations for future tender business operator

In addition to the expanded operations considered above there was a suggestion to provide a longer lease term to warrant significant capital investment of up to $1million from a future operator.

While the Local Government Act 1993 allows leases and licences up to 30 years (with Minister consent), Council staff consider this location is unsuitable for significant expansion or intensification of operations. A lease and licence term of up to 15 years provides adequate tenure for reasonable capital investment.

Noise disturbance

One submission advised that noise disturbances from delivery trucks have been experienced.

Noise complaints are managed by Council’s Environmental Compliance team under the Protection of the Environment Operations Act 1997 and the Environmental Planning & Assessment Act 1979. Existing development consent conditions under the Planning and Assessment Act restrict delivery hours to: Monday–Friday, 6.30am–8.00pm, and weekends, 8.00am–8.00pm. These conditions will continue under any new lease.

Investigations are undertaken into noise complaints in accordance with Council’s Compliance and Enforcement Policy

Discontinuation of cafe

One submission requested that Council not re-lease the premises as a café and requested that the premises be returned to storage for surf lifesaving purposes.

The current authorised use of the site is a café. The site was repurposed as a café over a decade ago and it is recommended that its current use continue.

Timing

The current operator has not yet provided formal notice to terminate the agreement at its conclusion being 18 March 2025. If the existing operator opts for a monthly extension, pending the outcome of the tender process for a new lease and licence, the lease termination could potentially be aligned with the new agreement to maintain revenue.

The granting of the new lease and licence agreements for the café and restaurant is subject to the Ministerial approval, and the outcome of the upcoming tender.

Financial Considerations

The recommendations in this report will result in revenue generation for Council. It is proposed that under the future lease and licence the tenant will undertake fitout upgrades at its cost and provide rental income to Council.

Governance and Risk Considerations

As the proposed lease and licence term exceeds 5 years and an objection was received during public notification, the consent of the Minister for Local Government is required under section 47 of the Local Government Act 1993 to enter into the proposed agreement.

If the Minister’s consent is provided, a tender will be released to the market. The lease and licence are intended to be granted to the successful tenderer for up to 15 years who will be sourced through the open market tender process.

Environmental Considerations

The environmental impacts of the proposed use of the land have been previously assessed and approved, with the development consent granted.

If the lease and licence were to proceed, in addition to the current development consent conditions which impose limitations on trading hours, deliveries and patrons, terms of the agreement would be included regarding disposal of rubbish, keeping the premises clean and will require adherence to Council policies, including the Single Use Plastic Policy and Waste Minimisation for Functions and Events Policy, and ensuring sustainable practices.

Social Considerations

The recommendations in this report maintain social outcomes for the community through its continued use as a local café, supporting community enjoyment and engagement.

Link to Strategy

This report relates to the Community Strategic Plan Outcomes and Goals:

·        Good governance - Goal 19 Our Council is transparent and trusted to make decisions that reflect the values of the community.

·        Good governance - Goal 20 Our Council is proactive, and efficiently and effectively responds to, and delivers on, the evolving needs of the community.

 

Reporting team

Property, Buildings & Beach Services

TRIM file ref

2025/119780

Attachments

1    Public Notice Summary Report - Dee Why Beach Shed (Included In Attachments Booklet)

 

 


Item 14.1 Northern Beaches Council MEETING - 18 March 2025

14.0    Notices of Motion

 

ITEM 14.1

Notice of Motion No 44/2024 - E-Bikes and E-Scooters

 

NOTE: This item was listed on the agenda but not dealt with at the 10 December 2024 and 18 February Council meeting.

COUNCILLOR DE LUCA OAM SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Note:

a.       the NSW Government has announced plans to legalise e-scooters as part of its new E-micromobility Action Plan

b.       continued concerns in our community as to the safety risks and lack of proper regulation of riders of both e-bikes and illegal e-scooters that are currently being ridden yet not yet legal

c.       that on 13 May 2023 NSW Police Traffic and Highway Patrol Command Northern Sydney Sector raised the need for tighter regulations on e-bikes at the launch of an e-bike safety campaign in Manly and yet no significant progress has occurred on regulatory reform.

2.       Write to the Premier, Leader of the Opposition, Ministers and Shadow Ministers for Transport and Roads and all local State MPs calling for proper legislation on:

a.       speeding of e-bikes on roads, and their presence on footpaths and shared paths

b.       the need for education, a licensing, registration and mandatory 3rd party insurance system for all riders of e-bikes

c.       that the use of e-bikes be prohibited for those under 16 years of age

d.       the carrying of more than one passenger on e-bikes be prohibited and fines and other penalties be introduced for contravention of this requirement

e.       more significant fines and penalties for the altering of e-bike systems to prevent the requirement for pedalling or preventing top speed controls

f.       setting an appropriate maximum size and weight of an e-bike to reduce risks to pedestrians

g.       legislative reforms that enable local government to have adequate compliance and enforcement powers to prohibit e-bikes in certain areas, fine riders and owners for contravention of the law and impound e-bikes where contravention of any law is apparent.

3.       Write to the Premier, Leader of the Opposition, Ministers and Shadow Ministers for Transport and Roads and all local State MPs opposing the legalisation of e-scooters until a proper regulatory scheme and issues raised in (2) above are properly addressed.

BACKGROUND FROM COUNCILLOR DE LUCA OAM

Opposition to the State Government’s announcement to legalise e-scooters and need for better regulation of e-bikes.

 

TRIM file ref

2025/119823

Attachments

Nil

 

 


Item 14.2 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.2

Notice of Motion No 45/2024 - Service Reviews

 

NOTE: This item was listed on the agenda but not dealt with at the 10 December 2024 and 18 February 2025 Council meeting.

NOTE: Councillor Hackman advised this notice of motion is to be withdrawn.

 

TRIM file ref

2025/119861

Attachments

Nil

 

 


Item 14.3 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.3

Notice of Motion No 3/2025 - Opportunities to Relocate Manly Environment Centre

 

NOTE: This item was listed on the agenda but not dealt with at the 18 February 2025 Council meeting.

COUNCILLORS GLANVILLE AND HARVEY SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council provide a report to Councillors within 6 months regarding:

1.      Opportunities and benefits to relocating the Manly Environment Centre to a more visible location.

2.      Options for engaging the community on Manly Environment Centre ‘2.0’ on what services it would like to see the Manly Environment Centre provide.

3.      At a high level, the potential costs of different options for relocating the Manly Environment Centre.

4.      Potential sources of funding for relocating the Manly Environment Centre to a new community space, including any unspent ‘environmental levy’ funds from former Manly Council, possible grant sources and development contributions.

5.      Any high-level options for the Manly Environment Centre to generate income (for example, hosting corporate groups or school groups).

 

BACKGROUND FROM COUNCILLORS GLANVILLE AND HARVEY

The Manly Environment Centre (MEC) was an innovative creation of the former Manly Council and community environmentalists, to be a ‘drop in’ shop front for community members and researchers interested in environmental issues, which developed many environmental initiatives (which continue to this day and have expanded post-amalgamation).  Such a drop-in location could provide a source for the community to ‘drop in’ to find out reliable information about sustainable living, recycling, waste reduction, electrification, installing solar electricity and the like.

The original location was vacated, and the resources at MEC are currently in a space at the top of Manly Library. While MEC has been able to continue to do good work, it would be ideal for the original vision of a ‘drop in’ location to be realised.

Reinvigorating the MEC may also provide opportunities for it to generate income, for example, hosting corporate groups or school groups.

It is noted that former Manly Council had an environmental levy, which has unspent funds.

 

TRIM file ref

2025/119879

Attachments

Nil

 

 


Item 14.4 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.4

Notice of Motion No 4/2025 - Organisational Savings and Funding Measures

 

NOTE: This item was listed on the agenda but not dealt with at the 18 February 2025 Council meeting.

NOTE: Councillor Hackman advised this notice of motion is to be withdrawn..

 

TRIM file ref

2025/119895

Attachments

Nil

 

 


Item 14.5 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.5

Notice of Motion No 5/2025 - Services Provided by Northern Beaches Council

 

NOTE: This item was listed on the agenda but not dealt with at the 18 February 2025 Council meeting.

NOTE: Councillor Beaugeard advised this notice of motion is to be withdrawn.

 

TRIM file ref

2025/136264

Attachments

Nil

 

 


Item 14.6 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.6

Notice of Motion No 8/2025 - Condemnation of Modern Slavery - Amending the Procurement and Contracts Policy

 

COUNCILLOR HRNJAK SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Reaffirm its condemnation of acts of modern slavery in the strongest possible terms:

a.       Note that modern slavery has an horrific personal impact on the millions of people subjected to it around the world.

b.       Note that Northern Beaches Council has an ethical, reputational and financial imperative to act to prevent modern slavery in all its forms, and to set the highest standards of accreditation, compliance and reporting as a result; and that safeguarding human rights is important to long-term Council risk mitigation and sustainability, and that we will use reasonable endeavours to act to do this in our operations internally as well as with our outsourced providers and supply chains.

c.       Request the Chief Executive Officer be satisfied that the current Procurement and Contracts Policy reflect these aspirations; apply reasonable endeavours to explore options and budget settings for setting best practice targets for modern slavery compliance, performance and reporting on modern slavery risks in its own operations and supply chains; explore reasonable options and budget settings for seeking best practice modern slavery accreditation and bring any necessary amended policy back to Council for consideration reflecting these changes.

2.       Further amend the Procurement and Contracts Policy to:

a.       except where it is inconsistent with applicable legislation, State or Federal Government policy, include the following definitions of modern slavery:

i.        trafficking in people – the recruitment, harbouring and movement of persons for the purposes of exploitation through modern slavery. This includes sexual exploitation, forced labour or services and slavery and practices similar to slavery

ii.       slavery – when a person exercises power of ownership over another

iii.      servitude – a situation where an individual’s freedom is significantly restricted, for example they are not free to stop working or to leave their place of work

iv.      forced labour – where violence or other methods (for example accumulation or debt, retention of identity papers) are used to coerce victims to work

v.       and forced marriage – where an individual is forced or deceived into marrying.

b.       Capture risk of procurement from disputed territories and conflict areas in Council’s ethical sourcing and fair trade practices, noting that these regions often have higher modern slavery risks. 

3.       Where it is reasonably evident for Council to have knowledge, avoid procurement from vendors and contractors that may involve environmentally and socially harmful activities, defined as: production of pollutants, toxins and greenhouse gases (coal, oil, and gas); habitat destruction, especially destruction of forests and marine eco-systems; nuclear power; uranium mining; abuse of human rights and labour rights; involvement in bribery/corruption; production or supply of armaments; and manufacture of alcohol, tobacco, or gambling products.

4.       For the purpose of this Motion, ‘reasonable knowledge’ or ‘reasonable endeavours’ means guidance from, and consistent with the adopted position of Local Government NSW, Local Government Procurement, the State Government or the Federal Government.

 

BACKGROUND FROM COUNCILLOR HRNJAK

It is important for ratepayers to have confidence that their money is not being used to do business with nation states or businesses engaged in human rights violations and other unethical practices such as modern slavery. Compliance with the Modern Slavery Act 2018 is a reporting requirement of all councils and this motion aims to aspire towards best practice regulation of our modern slavery risk mitigation efforts as determined by Council’s CEO.

Inclusion of modern slavery definitions and socially harmful activities in the Procurement and Contracts Policy seeks to further clarify who Council chooses to engage with and aims to reflect the values of our community.  

 

TRIM file ref

2025/149788

Attachments

Nil

 

 


Item 14.7 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.7

Notice of Motion No 9/2025 - Ethical and Socially Responsible Investments – Amending the Investment Policy

 

COUNCILLOR HRNJAK SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council receive a report on the implications of:

1.       Amending its Investment Policy to explicitly avoid investments that may involve environmentally and socially harmful activities, defined as: production of pollutants, toxins and greenhouse gases (coal, oil and gas); habitat destruction, especially destruction of forests and marine eco-systems; nuclear power; uranium mining; abuse of human rights and labour rights; involvement in bribery/corruption; production or supply of armaments; and manufacture of alcohol, tobacco, or gambling products.

2.       Committing to prioritise environmentally and socially responsible investments (ESRIs), including through adopting the highest feasible minimum percentage requirement as determined by staff and the Chief Financial Officer; ESRI status may be in respect of the individual investment, the issuer of the investment, or both and should be endorsed by an accredited environmentally and socially responsible industry body or institution.

 

BACKGROUND FROM COUNCILLOR HRNJAK

It is important for ratepayers to have confidence that their money is not being used to invest in environmentally or socially harmful activities. Our community considers the environment a top concern and expects Council to take reasonable steps to avoid investments that may support these activities.

 

TRIM file ref

2025/149664

Attachments

Nil

 

 


Item 14.8 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 14.8

Notice of Motion No 11/2025 - Lack of Infrastructure on the Northern Beaches for the NSW Government's Development Increases

 

COUNCILLOR DE LUCA OAM SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council

1.       Note:

a.       the new controls will apply to all residential zoned land within 800 metres walking distance of:

·           Balgowlah Stockland Shopping Centre

·           Dee Why Town Centre

·           Forestville Town Centre

·           Forestway Shopping Centre

·           Frenchs Forest Precinct (Warringah Road)

·           Manly Town Centre

·           Manly Vale Town Centre

·           Mona Vale Town Centre

·           Warringah Mall Shopping Centre

b.       there are new heights and dwelling types permitted within the 800 metres zone

c.       residential flat buildings (up to 22 metres) and shop-top apartments (up to 24 metres) - both up to 6 storeys - will be permissible in R3 Medium Density Residential zones within 400 metres of each nominated town centre; for land zoned R3 that is between 400 metres – 800 metres from each town centre, apartments up to 4 storeys (17.5 metres) will be permitted; for land zoned R1 General Residential and R2 Low Density Residential within 800 metres of each town centre, residential flat buildings up to 9.5m (2-3 storeys) will be permitted on sites with a minimum lot size of 500sqm

d.       multi-dwelling housing (townhouses, terraces, and manor houses) up to 9.5 metres high (2–3 storeys) will be permitted in R1 General Residential and R2 Low Density Residential areas within 800 metres of each nominated town centre; this will be a significant change for these areas in the former Pittwater and Waringah local government areas as these kinds of dwellings are not permitted under current rules

e.       a key aspect of the new controls is the introduction of new ‘non-discretionary’ development standards

f.        these new non-discretionary controls will override Northern Beaches’ local planning controls and Council will not be able to refuse applications that comply with the new standards

g.       the NSW Government’s changes do not require any contribution for long term or permanent affordable housing

h.       there is no current plan for additional infrastructure, transport, services or funding nor has the Government made any announcements regarding the previous proposed Northern Beaches Tunnel, the Wakehurst Parkway, Mona Vale Road and the Spit Bridge

i.        because of lack of public transport, commuters have recently been required to queue for undue lengths of time and find alternative transport to travel outside the Northern Beaches.

2.       Write to the NSW Premier, the Minister for Planning, the Minister for Transport, the Leader of the Opposition, and Shadow Ministers requesting the State Government’s development increases for the Northern Beaches be abandoned until  additional infrastructure is built, transport and other services introduced and proper funding for the Northern Beaches for public benefit is allocated by the Government for future infrastructure and services to cope with increased population.

 

TRIM file ref

2025/168929

Attachments

Nil

 

 


Item 15.1 Northern Beaches Council MEETING - 18 March 2025

15.0    Questions with Notice

 

ITEM 15.1

Question With Notice No 3/2025 - Expenditure on Libraries

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

I refer to correspondence from a constituent and Council’s response (ref: 2025/121040).

1.       Is the constituent’s analysis correct that Northern Beaches Council’s libraries have the highest capital expenditure (excluding buildings) of all similar sized councils in NSW? If not, which councils of similar size are expending more funds (excluding buildings)?

2.       Has Council completed a feasibility study to reduce the number of library locations post amalgamation?

3.       Has Council quantified the savings that could be achieved through any consolidation?

4.       What is Council’s libraries 5-year plan given patterns of greater digital content, less physical content, reducing membership and other trends?

5.       What level of cost reduction does the plan, if any, for libraries achieve in FY 24/25 25/26 26/27 27/28 28/29?

 

TRIM file ref

2025/150130

Attachments

Nil

 

 


Item 15.2 Northern Beaches Council MEETING - 18 March 2025

 

ITEM 15.2

Question With Notice No 4/2025 - Status of Request for Hockey Fields

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

I refer to the advice at a previous Council meeting from the Executive Manager of Parks and Open Space that Council has found a location for a new hockey field:

1.       What is the status of the matter and when will this come to fruition?

2.       Has Council investigated Centres of Excellence, e.g. The Hills?

3.       How much will it cost?

 

TRIM file ref

2025/174417

Attachments

Nil

 

 


Item 16.1 Northern Beaches Council MEETING - 18 March 2025

16.0    Responses to Questions

 

ITEM 16.1

Response to Question With Notice No 2/2025 - Food and Alcohol Expenses

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

1.       Why are funds, pursuant to the Councillor Expenses and Facilities Policies being used for staff at Council meetings (aren’t they covered under a separate Award with a meal allowance) and for events other than Council meetings and briefings?

2.       For each year since amalgamation, can I please have a list of each meeting, briefing and event and the respective cost for each in view of the Chief Financial Officer’s email on Friday 7 February 2024 titled ‘Media Questions and Responses’.

3.       Which person or persons for each respective Council meeting or briefing since amalgamation authorised the use of public funds for payment for alcohol to be purchased for Councillors and whose credit card/expense reimbursement was this charged to for each Council meeting or briefing?

RESPONSE:

1.       Only meals for councillors are costed to the allocation under the Councillor Expenses and Facilities Policy and reported within the Annual Report each year. In the 2023/24 financial year this amount was $17,777.

2.       Council does not hold transaction information at this level of detail.

3.       Alcohol is not purchased on credit card or through expense reimbursement. The CEO’s permission is required to serve / consume alcohol after meetings.

 

TRIM file ref

2025/095438

Attachments

Nil

 

 


ITEM 17.0 – Northern beaches council meeting - 18 March 2025

17.0     matters proposed to take place in closed session

RECOMMENDATION

That:

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

a.     Item 17.1 RFT 2024/194 - Digital Parking Permit System 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/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commercial in confidence information.

b.     Item 17.2 RFT 2024/046 - Lease of Childcare Centre - 28 Sloane Crescent, Manly Vale 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/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commercial in confidence information.

c.     Item 17.3 RFT 2024/197 - South Curl Curl Boardwalk 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/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commerical in confidence information.

d.     Item 17.4 RFT 2025/004 - Construction of a New Sporting Amenity Building at Pittwater Rugby Park, Warriewood 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/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commercial in confidence information.

e.     Item 17.5 RFT 2024/143 - Management Agreement – Sydney Lakeside Holiday Park 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/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commercial in confidence information.

f.     Item 17.6 Notice of Motion No 10/2025 - Glen Street Theatre – Use of Former Sorlies Space 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]; and commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council [10A(2)(d(ii)) Local Government Act 1993].

This report discusses/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commerical in confidence information.

2.       The resolutions passed by 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.

 

18.0     report of resolutions passed in closed session

In accordance with Part 15 of the Code of Meeting Practice, resolutions passed during a meeting, or a part of a meeting, that is closed to the public must be made public by the chairperson as soon as practicable. The resolution must be recorded in the publicly available minutes of the meeting.