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 20 May 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 - 20 May 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 15 April 2025... 6

4.0         disclosures of interest

5.0         Public Forum AND PUBLIC ADDRESS 

6.0         Items Resolved by Exception

7.0         Mayoral Minutes.................................................................................................. 8

7.1         Mayoral Minute No 5/2025 - Vale David Hay MBE...................................................... 8

8.0         Chief Executive Officer's Division Reports

Nil

9.0         Corporate Services Division Reports..................................................... 10

9.1         Quarterly Review - March 2025................................................................................. 10

9.2         Monthly Investment Report - March 2025.................................................................. 23

9.3         Revocation of the Advertising and Advertisements and A-frame signs and Merchandise Offered for Sale policies............................................................................................. 35

9.4         Suspension of the Alcohol Free Zone in Manly Corso for Rise Manly 2025............. 38

10.0       Community and Recreation Division Reports....................................... 42

10.1       Community Safety Advisory Committee - Confirmed Minutes of 13 February 2025, 14 November,15 August and 16 May 2024.................................................................... 42

11.0       Environment and Open Space Division Reports................................... 45

11.1       Public Exhibition - Draft Memorials and Naming Honours Policy.............................. 45

11.2       Public Exhibition - Draft Seaforth Oval Reserve Plan of Management..................... 49

11.3       Public Exhibition - Draft Climate Change Policy........................................................ 53

11.4       Retention of Environment & Open Space Policies.................................................... 57

12.0       Planning and Place Division Reports....................................................... 60

12.1       Fire & Rescue NSW Inspection Report - Sturdee Parade, Dee Why........................ 60

12.2       Fire & Rescue NSW Inspection Report - Pacific Parade Dee Why........................... 64

12.3       Development Control Plans Amendment - Low and Mid-Rise Housing.................... 68

12.4       Outcome of Public Exhibition of a Draft Planning Agreement - 16 Macpherson Street, Warriewood (VPA2023/0001)..................................................................................... 76

13.0       Transport and Assets Division Reports................................................. 83

13.1       Provision of Public Electric Vehicle Charging Infrastructure..................................... 83

13.2       Review of the Beach Parking Permit Policy............................................................... 92

13.3       Public Exhibition of draft Land Dealings Policy.......................................................... 95

14.0       Notices of Motion.............................................................................................. 98

14.1       Notice of Motion No 16/2025 - Election Signs on Public Property and Land............ 98

14.2       Notice of Motion No 17/2025 - Action to progress a community park at former Harbord Diggers carpark.......................................................................................................... 99

14.3       Notice of Motion No 18/2025 - Opposition to the changes to Freshwater Senior Campus.................................................................................................................................. 101

14.4       Notice of Motion No 19/2025 - Vale Richard Gordon.............................................. 103

14.5       Notice of Motion No 20/2025 - Vale The Honourable David Hay MBE................... 105

14.6       Notice of Motion No 21/2025 - Place based planning investigation for Manly Vale and Forestville................................................................................................................. 106

14.7       Notice of Motion No 22/2025 - Northern Beaches Energy Efficiency Committee... 107

15.0       Questions with Notice................................................................................... 108

15.1       Question With Notice No 12/2025 - Future dredging of Narrabeen Lagoon........... 108

15.2       Question With Notice No 13/2025 - Safer Neighbourhoods program..................... 109

15.3       Question With Notice No 14/2025 - Number of residences and businesses by Post Code paying rates.............................................................................................................. 110

15.4       Question With Notice No 15/2025 - Flooding Ramsay Street, Collaroy.................. 111

15.5       Question With Notice No 16/2025 - Cost of vehicles for management and staff.... 112

16.0       Responses to Questions............................................................................... 113

16.1       Response to Question With Notice No 5/2025 - Council’s cash and investment portfolio during COVID........................................................................................................... 113

16.2       Response to Question With Notice No 6/2025 - Code of Meeting Practice............ 115

16.3       Response to Question With Notice No 7/2025 - Mayoral Credit Card/Staff Credit Card/s used for the Mayor.................................................................................................... 116

16.4       Response to Question With Notice No 8/2025 - Chief Executive Officer’s Credit Card 117

16.5       Response to Question With Notice No 9/2025 - Review and authorisation of expenditure on Mayor (or their staff’s) and Chief Executive Officer’s (or their staff’s) credit cards 118

16.6       Response to Question With Notice No 10/2025 - Approval of purchase of alcohol for the Mayor and Councillors at or after Council meetings and briefings.......................... 119

16.7       Response to Question With Notice No 11/2025 - Ranger Attendance at Council Meetings 2025.......................................................................................................................... 120

17.0       matters proposed to take place in closed session...................... 121

17.1       Exemption from Tender Process for Council's Business Papers Management System

17.2       Audit, Risk and Improvement Committee - Recruitment

17.3       RFQ2024/145 - Supply and Implementation of a Library Management System

17.4       Proposed acquisition of land for open space purposes at Avalon Beach

18.0       Report of Resolutions Passed in Closed Session


northern beaches council MEETING - 20 May 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 15 April 2025

Recommendation

That the minutes of the Ordinary Northern Beaches Council Meeting held on 15 April 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 - 20 May 2025

7.0      Mayoral Minutes

 

ITEM 7.1

Mayoral Minute No 5/2025 - Vale David Hay MBE

 

PURPOSE

The purpose of this mayoral minute is to acknowledge the sad passing of David Hay MBE who will be remembered as an outstanding and highly regarded member of our community.  He was in every sense of the word a true gentleman who served our community and the people of NSW.

A close-up of a signature

Description automatically generated

Sue Heins

MAYOR

RECOMMENDATION

That Council:

1.       Acknowledge the enormous contribution made by the late David Hay MBE.

2.       Send its condolences to the Hay family.

 


 

BACKGROUND

 

It was with great sadness that we learned of the passing of David Hay and our thoughts are with his family at this time.

David will be remembered for his passion and commitment to Manly.  He grew up in Manly and worked in the family businesses in Manly before moving into local politics where he served 23 years as an alderman of Manly Municipal Council. This included 6 terms as Mayor and 8 terms as Deputy Mayor. He was such an integral part of the Manly community, not just as a local himself but in his service to his community.

His dedication to Manly continued when he also served 2 terms (1984-1991) as the State Member for Manly and was appointed the Minister for Local Government and Minister for Planning from 1988 to 1991. This service was extraordinary, but it did not stop there. We all know he was, of course, a great supporter of his wife, Jean Hay AM who like David had a great passion for the Manly community and served on Manly Council as a councillor and Mayor from 1987 to 2016.

David will be remembered by past and present members of the Manly Rotary Club, Manly Life Saving Club, where he also gave of his time, and for his service on the Board of the Royal Far West Children’s Service.

In recognition of his dedication and commitment to his community, David was awarded The Order of the British Empire – Member (Civil) on 2 June 1973 for his services to the community.

I will always remember in November last year, when the ‘Jean Hay AM Playground’ was officially opened, David was right there by Jean’s side along with their beautiful family.  It was wonderful they were able to share this special day together and I believe the playground is just near where they first met.

David was an extraordinary man and will be very much missed by many. Our thoughts are with his family, his friends and so many in the community at this very sad time.

On behalf of my fellow Councillors and the Northern Beaches community, I extend our deepest sympathies.

 

 

TRIM file ref

2025/329368

Attachments

Nil

 

 


Item 9.1 Northern Beaches Council MEETING - 20 May 2025

9.0      Corporate Services Division Reports

 

 

ITEM 9.1

Quarterly Review - March 2025

 

Purpose

The purpose of this report is to present financial and service performance results for the period ended 31 March 2025 and provide a progress report on the expenditure from the $36.1 million Stronger Communities Fund (SCF) provided by the NSW Government.

Executive Summary

·        The operating result for the financial year is forecast to decrease by $4.6 million to a surplus of $33.9 million (which includes grants and contributions for capital purposes).

·        Favourable adjustments to the forecast result are primarily related to restricted funds and future commitments, and therefore do not improve Council’s long term financial outlook with an underlying operating deficit of $3.2 million forecast for the 2024/25 financial year.

·        The operating result, excluding capital grants and contributions, is forecast to improve by $5.1 million to a surplus of $7.1 million, primarily due to an improvement in Kimbriki’s operating result largely due to a waste levy refund ($1.3m), rephasing of expenditure on a multi-year project to replace Council’s core operating systems ($1.0m), higher levels of staff vacancy rates in IT and library services ($0.9m), additional income from road permits ($0.8m) and investments ($0.6m) and lower domestic waste costs ($0.5m).

·        As previously reported, Council is still not anticipated to meet all the Office of Local Government’s asset performance benchmarks due to the rising costs of maintaining and renewing assets compared with the available funding to complete this work.

·        Strengthening the underlying position in the future is essential to addressing long-term financial sustainability concerns and is the subject of an application currently with the Independent Pricing and Regulatory Tribunal for a special variation to increase rates.

·        Capital expenditure is forecast to decrease by $15.9 million to $94.1 million for the full financial year, primarily due to projects rephased to future financial years.

·        Construction costs for the Warriewood Community Centre have increased in order to comply with SafeWork NSW requirements for working in the presence of friable asbestos. As a result, $1.5 million in funding has been reallocated within the existing budget to accommodate these additional expenses.  

·        Of the 166 actions relating to operational and capital projects in Council’s 2024/25 Operational Plan, the majority (80%) are progressing on schedule including 34 completed, while 86% of the 36 performance measures have met or are approaching their targets.

·        Work is continuing on Council’s remaining Stronger Communities Fund projects (being Wakehurst Parkway flood mitigation and Connecting Northern Beaches Coast Walk pathway).

RECOMMENDATION

That Council:

1.       Note the Quarterly Report on Service Performance for the period ended March 2025.

2.       Note the March 2025 Quarterly Budget Review Statement.

3.       Approve the changes to the Current Forecast in the March 2025 Quarterly Budget Review Statement, including:

a.       a decrease in the forecast surplus from continuing operations, which includes capital grants and contributions, of $4.618 million to $33.909 million.

b.       a decrease in capital expenditure of $15.854 million to $94.129 million.

4.       Note the Quarterly Report on expenditure of funds from the Stronger Communities Fund for the period ended March 2025.

 

 


 

Background

Northern Beaches Council’s Operational Plan 2024/25 was adopted on 25 June 2024. The Operational Plan is for the period 1 July 2024 to 30 June 2025.

The Quarterly Budget Review Statement is a regular progress report against the Operational Plan 2024/25. It has been prepared in accordance with the requirements of the Local Government (General) Regulation 2021 (section 203) and essential element 4.9 of the Integrated Planning and Reporting Guidelines (September 2021), namely that the Responsible Accounting Officer report quarterly on a budget review statement and the Chief Executive Officer report at least every 6 months on the principal activities.

The Quarterly Budget Review Statement provides reporting to adequately disclose Council’s overall financial position as well as provide sufficient information to enable informed decision making while ensuring transparency.

The Quarterly Report on Service Performance discloses the progress of key services in the delivery of projects and against performance measures.

This report includes updates for the period ended 31 March 2025 on:

·        service performance

·        financial performance and position, contracts and recommended changes to the budget

·        outcomes delivered from the $36.1 million Stronger Communities Fund.

Discussion

Overview of service performance

A report on Council’s service performance is provided at Attachment 1. This is a comprehensive report on Council’s 166 operational and capital projects, 36 service performance measures, 7 workload measures and service highlights across our 16 key services.

A summary of progress towards achieving Council’s performance targets and delivering operational and capital projects below.

 

Performance measures

Overall 86% of performance measures were either met or approaching the target. Measures tracking behind are due to a decrease in demand for the service in the quarter (Meals on Wheels, Vacation Care and Home Library Service), availability of Family Day Care providers and suspension of the invasive pest animals program while a review is conducted.

 

Measures tracking behind:

·      No. of invasive pest animals controlled to protect native flora and fauna

·      No. of Meals on Wheels services

·      No. of children attending Family Day care programs

·      No. of children attending Vacation Care programs

·      No. of Home Library Service customers

 

Operational project progress

Of the 58 operational projects, 86% are complete or progressing on schedule.

For the 5 projects behind and 3 not proceeding the delays are caused by third-party influences, project complexities, reallocation of staff resources to more urgent community needs, higher cost estimate for the project and extended community engagement.

Target: 80% complete/on schedule as at 30 June 2025

Projects that are not proceeding:

·      Install lighting and irrigation at Freshwater High School sportsfield

·      Plan and deliver parking technology and infrastructure across the area

·      Develop a Parking Plan to support the Transport Strategy

     One project was completed this quarter, as shown below, with a cumulative total of 10 projects completed to date this year:

·    Living in Place and State of Wellbeing Report which was published in March 2025

Capital project progress

Of the 108 capital projects, 76% are progressing on schedule.

For the 20 projects behind schedule and 6 projects not proceeding the delays are due to extended consultation and stakeholder engagement, higher cost estimates for the project, reallocation of funds for urgent works, design delays, dependencies on other projects, site conditions, third-party influences, and further information being sought from third parties.

Target: 80% complete/on schedule as at 30 June 2025

Projects that are not proceeding:

·      Terrey Hills Emergency Services Headquarters

·      Smart Parking infrastructure project

·      Dee Why Beach Secure Bike Storage

·      Pittwater Golf Driving Range, Warriewood Renewal Works

·      Creative Arts Space - Mona Vale Design Works

·      Terrey Hills Rural Fire Station

4 projects were completed this quarter, as shown below, with a cumulative total of 24 projects completed to date this year.

 

·      Acquisition of 32 Rabbett Street, Frenchs Forest

·      Playground renewal program – upgrades to 8 playgrounds and a further 5 reaching planning/procurement stages for delivery in 2025/26

·      Emergency Buildings Works Program - works at Duffys Forest Rural Fire Brigade

·      Investment Properties Works Program – works were complete on a property in Bangaroo Street, North Balgowlah so it could be re-let.

 

 


 

Stronger Communities Fund (SCF) 

Attachment 3 outlines the progress of projects funded by the NSW Government’s SCF. Work is continuing on the remaining projects, being Wakehurst Parkway flood mitigation and Connecting Northern Beaches Coast Walk pathway.

Overview of Financial Performance

Responsible Accounting Officer Budget Review Statement

The following statement is made in accordance with section 203(2) of the Local Government (General) Regulation 2021:

It is my opinion that the Budget Review Statement for Northern Beaches Council for the period ending 31 March 2025 indicates that Council’s projected financial position at 30 June 2025 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

- Caroline Foley, Chief Financial Officer, Northern Beaches Council.

Responsible Accounting Officer Statement on Long Term Financial Outlook

My opinion above, that Council’s projected financial position as at 30 June 2025 will be satisfactory, does not extend to future financial years.

In my opinion, the financial outlook forecast in the draft Long-Term Financial Plan 2025-2035 without a Special Variation (Scenario 2) is unsatisfactory based on the following factors impacting future years:

1.       Repeated operating deficits excluding capital grants and contributions.

2.       Insufficient unrestricted cash levels from 30 June 2026 to maintain day-to-day liquidity and manage the financial impact of shocks.

3.       An asset renewal and maintenance backlog issue that will grow exponentially without intervention.

Recommended remedial action to address this unsatisfactory financial outlook:

·           Council is well advanced in responding to these financial challenges. In February 2025 Council applied to the Independent Pricing & Regulatory Tribunal (IPART) for a Special Variation for a phased increase in rates income over the next 3 years alongside undertaking a number of actions set out in the Productivity Journey and Improvement Plan.

- Caroline Foley, Chief Financial Officer, Northern Beaches Council.

Income Statement – progress and forecast changes

The attached Quarterly Budget Review Statement (QBRS) provides an overview of Council’s progress against the annual budget at the end of the March 2025 quarter and provides explanations for major variations that result in recommendations for budget changes.

For the 9 months to 31 March 2025, the operating result (including capital grants and contributions) is $16.1 million ahead of budget.

Income is $2.3 million ahead of budget, primarily due to road permits ($1.0m), parking fine income ($0.8m) and investments ($0.6m). Operating expenditure is $13.9 million lower than budget primarily due to the phasing of costs for projects including IT projects and the replacement of the Council’s core operating systems along with higher levels of staff vacancies and lower waste disposal costs.

The operating result (including capital grants and contributions) for the financial year is forecast to decrease by $4.6 million to $33.9 million for the full year. Income is forecast to decrease by $8.6 million (primarily due to the revised timing for the recognition of capital expenditure related grants) while operating expenses will decrease $4.0 million.

The operating result (excluding capital grants and contributions) for the financial year is forecast to improve by $5.1 million to a $7.1 million surplus. The favourable change in the result is largely driven by an increase in Kimbriki’s result ($1.3 million) mainly due to a waste levy refund, the rephasing of expenditure for a multi-year project to replace Council’s core operating systems ($1.0 million), increased staff vacancy rates in IT and library services ($0.9 million), additional revenue from road permits ($0.8 million) and investments ($0.6 million), as well as lower domestic waste costs ($0.5 million).

These overall movements are summarised in the table below, under the ‘Recommended Changes’ column.

Operating budget as at 31 March 2025 – annual budget and actual result to date summary:

 

Annual*

Year to date

 $’000

ORIGINAL Budget

REVISED Budget

Recommended changes

CURRENT Forecast

Actual

YTD
Budget

Variance

Income

452,085

466,308

(8,634)

457,673

410,757

408,471

2,287

1%

Operating expenses

(424,886)

(427,781)

4,017

(423,764)

(300,727)

(314,582)

13,855

4%

Surplus / (Deficit)

27,219

38,526

(4,618)

33,909

110,030

93,888

16,142

(17%)

Surplus / (Deficit) before Capital Grants & Contri

(5,125)

2,044

5,101

7,145

90,288

72,776

17,512

(24%)

* Original Budget (adopted June 2024), Revised Budget (adopted February 2025) and Current Forecast (proposed for adoption in this report)

Attachment 2, titled ‘Quarterly Budget Review Statement - March 2025’, provides additional information on the proposed changes to the budget.

Income Year to Date (YTD) Analysis

Income at the end of March 2025 is $410.8 million which is $2.3 million above the forecast. The principal reasons for this variance are outlined in the following table.

Income as at 31 March 2025 – Variance to Approved YTD Budget:

YTD Variance $’000

Details – Favourable / (Unfavourable)

281

Rates and Annual Charges

 

·      Higher domestic waste income due to additional property services

 

609

User Charges & Fees

 

·      Stronger than anticipated income:

Planning and building regulatory $0.9m

Restorations charges $0.4m

·      Lower than anticipated income:

Glen Street Theatre ($0.3m) due to the timing of ticket sales

Vacation care ($0.3m)

640

Investment Fees and Revenues

·      Higher returns on investments

1,819

Other Revenue

·      Higher income including:

Parking fines $0.8m

Sun run ticket sales $0.3m

 

(167)

Grants and Contributions – Operating Purposes

·     Generally consistent overall with the YTD forecast. Some grants are behind schedule while others are ahead along with the timing of natural disaster relief payments.

(1,370)

Grants and Contributions – Capital Purposes

·     Development contributions are higher than expected $1.0m.

·     Timing of revenue recognition of grants to match expenditure of funds including:

Queenscliff Headland access ramp ($0.9m)

Frenchs Forest precinct park upgrades ($0.7m)

New traffic facilities ($0.5m)

Warringah Recreation Centre ($0.4m)

Connecting Communities cycleway and footpaths programs $1.2m

150

Other Income

 

·      Higher rental income for leased properties.

 

324

Gain on disposal of assets

 

·     Timing of proceeds on sale of plant & equipment.

2,287

TOTAL INCOME VARIANCE – YTD ACTUALS WITH YTD BUDGET

 

Operating Expenses Year to Date (YTD) Analysis

Total operating expenses at the end of March 2025 are $300.7 million, which is $13.9 million less than forecast. The principal variances are outlined in the following table.

Operating expenses as at 31 March 2025 – Variance to Approved YTD Budget:

YTD Variance

$’000

Details – Favourable / (Unfavourable)

3,717

Employee Benefits and Oncosts

·      Primarily due to vacancies and extended staff leave in Property & Facilities, Environment & Resilience, Library Services, Digital & Information Technology and Early Learning which has been partly offset by contractors including agency personnel.

229

Borrowing Costs

 

·      Higher YTD unwinding of the asset remediation discount to increase the landfill remediation provision (undertaken to reflect the present value of the estimated future expenditure to remediate the Kimbriki landfill).

 

6,883

Materials and Services

 

·      Timing of works:

o    IT and communications $1.9m (incl core system replacement)

o    Environment and floodplain $1.1m (incl grant funded projects)

o    Roadworks $0.9m

o    Recreation & Sportsfields $0.4m

·      Lower waste disposal costs $0.8m

 

2,116

Depreciation and Amortisation

 

·      Phasing of depreciation costs ahead of actual costs due to the timing of capitalisation.

911

Other Expenses

·      Kimbriki waste levy refund $1.0m

13,855

TOTAL OPERATING EXPENSES VARIANCE - YTD ACTUALS WITH YTD BUDGET

 

 

Capital Budget Statement

Capital expenditure is forecast to decrease by $15.9 million to $94.1 million.

Capital budget as at 31 March 2025 – annual budget and actual result to date summary

 

Annual*

Year to date

 $’000

ORIGINAL
Budget

REVISED Budget

Recommended changes

CURRENT Forecast

Actual

YTD

Budget

Variance

New Works

56,405

67,815

13,118

54,697

34,856

39,305

4,449

11%

Renewal

Works

42,858

42,168

2,736

39,432

24,222

28,855

4,633

16%

Total Capital Expenditure

99,263

109,983

15,854

94,129

59,078

68,160

9,082

13%

* Original Budget (adopted June 2024), Revised Budget (adopted February 2025), Current Forecast (proposed for adoption in this report)

Proposed variations to the capital expenditure budget are outlined in Attachment 2 ‘Quarterly Budget Review Statement - March 2025’ and includes:

·        $3.0m Active transport corridor project – rescheduled to allow for additional community engagement.

·        $2.0m Connecting Communities – cycleways program – rephased into 2025/26 financial year

·        $1.6m Planned stormwater renewal works – rephased into 2025/26 financial year

·        $1.5m Church point new infrastructure – rescheduled to allow for additional community consultation.

Capital Expenditure Year to Date (YTD) Analysis

Expenditure on capital works for the 9 months ended 31 March 2025 is $59.1 million against a year-to-date budget of $68.2 million.


 

The principal variances in expenditure versus the year-to-date budget are as follows:

YTD Variance $’000

Details – Favourable / (Unfavourable) YTD Variance

4,449

Capital Expenditure – New Projects

 

·      Primarily due to projects behind schedule including Kimbriki future cell development $1.1m, Warriewood Valley Community Centre $0.9m, Active transport corridor project $0.7m.

 

 4,663

Capital Expenditure – Renewal Projects

·      Primarily due to projects behind schedule including the major plant renewal $1.4m and the road resheeting program $0.8 and planned stormwater renewal works $0.6m.

9,082

TOTAL CAPITAL EXPENDITURE VARIANCE – YTD ACTUALS WITH YTD BUDGET

Further information on the progress of capital projects is available within Attachment 1 ‘Quarterly Report on Service Performance’.

Warriewood Community Centre update   

Construction of the Warriewood Community Centre is in progress and due for completion in the 2025/26 financial year. Maximising the community’s access and enjoyment of this regional multi-purpose facility will deliver on a key strategic direction in Council’s Community Centres Strategy and the Warriewood Valley Release Area Development Contribution Plan.

Management of the new Warriewood Community Centre will be in accordance with Council’s pricing methodology and Community Centres Policy, with proposed fees outlined in Council’s draft 2025/26 Fees and Charges document for consideration by Council at the June 2025 meeting.

Construction of the new centre has been impacted by the extent of asbestos encountered on the site being greater than anticipated, necessitating additional remediation and management measures. To comply with legislative and SafeWork NSW requirements for working in the presence of friable asbestos, specific work methods are necessary, leading to increased construction costs for the Warriewood Community Centre. Remediation works have been done under the supervision of an independent licensed asbestos assessor and in accordance with the remediation management plan prepared by an external specialist. As a result, $1.5 million in funding has been reallocated within the existing budget to accommodate these additional expenses.  

Warriewood Community Centre and associated land improvements – budget funding sources and variation:

Actual to 30 June 2024

2024/25

2025/26

TOTAL

$'000

$'000

$'000

$'000

Development contributions - s7.11 Warriewood Plan

1,317

5,386

-

6,703

Development contributions - s7.12 Northern Beaches Plan

3,247

1,348

-

4,596

Grant

-

50

-

50

Loan

-

9,935

515

10,450

General revenue

70

1,159

-

1,229

Variation required

-

689

851

1,540

TOTAL PROJECT

4,635

18,567

1,366

24,568

The variation to the 2024/25 budget of $0.689 million has been incorporated into this quarter review, funded by a revision of the budget to renew Sommerville Bridge which is now anticipated to require less funding than originally anticipated. The balance of $0.851 million is proposed to be funded by working capital in the 2025/26 financial year.


 

 

Cash and Investments

The balance of cash and investments as at 31 March 2025 was $226 million. The projected balance on 30 June 2025 is $190 million of which $57 million is unrestricted cash (Kimbriki $7m million and Northern Beaches $50m which includes $10m for projects rephased to future years).

Cash and investments – as at 31 March 2025

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Further information is available on cash and investments within Attachment 2 ‘Quarterly Budget Review Statement - March 2025’ to this report.

Financial Performance Measures

The financial performance measures indicate that Council will meet the Office of Local Government benchmarks for financial management.

 

 

Forecast result

Forecast indicator

 

Benchmark

 $ '000

 

30/6/2025

30/6/2025

 

 

1. Operating Performance

 

 

 

 

 

Total continuing operating revenue1 excluding capital grants and contributions less operating expenses

 

6,794

1.58%

>0%

Total continuing operating revenue1 excluding capital grants and contributions

 

430,478

1. Excludes fair value adjustments, reversal of revaluation decrements and net gain on sale of assets.

This ratio measures Council’s ability to contain operating expenditure within operating revenue. It is important to distinguish that this ratio focuses on operating performance and hence capital grants and contributions, fair value adjustments, net gain on sale of assets and reversal of revaluation decrements are excluded.

For the 2024/25 financial year, the forecast result has improved primarily due to favourable adjustments related to restricted funds and future commitments.

 


 

 

 

 

Forecast result

Forecast indicator

 

Benchmark

 $ '000

 

30/6/2025

30/6/2025

 

 

2. Unrestricted Current Ratio

 

 

 

 

 

Current assets less all external restrictions

 

162,640

2.39x

>1.5x

Current liabilities less specific purpose liabilities

 

68,132

The Unrestricted Current Ratio is specific to local government and is designed to represent a Council’s ability to meet short term obligations as they fall due. Restrictions placed on various funding sources (e.g., development contributions and domestic waste income) complicate the traditional current ratio used to assess liquidity of businesses as cash allocated to specific projects is restricted and cannot be used to meet a Council’s other operating and borrowing costs – these funding sources are removed from this ratio.

For the 2024/25 financial year, the forecast result will continue to meet the benchmark.

Timing

The Quarterly Budget Review Statement meets the requirements of the Local Government Act 1993 and Local Government (General) Regulation 2021 (section 203), namely that Council report quarterly on a budget review statement, and at least every 6 months on the principal activities of its Operational Plan.

Financial Considerations

The operating surplus (which includes capital grants and contributions) for the financial year is forecast to decrease by $4.6 million to a surplus of $33.9 million. Excluding capital grants and contributions the result for the year is forecast to improve by $5.1 million, from a surplus of $2.0 million, to a surplus of $7.1 million.

The improved result is primarily due to an improvement in Kimbriki’s operating result ($1.3m), rephasing of expenditure on the replacement of core operating systems ($1.0m), higher levels of staff vacancy rates in IT and library services ($0.9m), additional income from road permits ($0.8m) and investments ($0.6m) and lower domestic waste costs ($0.5m).

There are several restrictions on funds within the operating result. When these are removed, the underlying operating result is forecast to be a deficit of $3.2 million (compared to the previous forecast of a deficit of $5.1 million).

Underlying result

$m

Surplus / (deficit) excluding capital grants and contributions

7.1

Less:

Interest on restricted Council funds

(3.3)

Domestic Waste net depreciation

(1.9)

   Stormwater Charge net opex

(2.0)

   Special Rates

(0.2)

   Externally restricted grants (net)

0.3

Kimbriki (less dividend)

(1.6)

Mona Vale Cemetery

0.2

Gain on the disposal of assets

(0.4)

Projects rephased from 2023/24 & early payment of Financial Assistance Grant

6.2

Developer contribution funded operating projects

0.9

Recovery of natural disaster expenditure incurred in prior years

(3.2)

Projects rolled over to future years and insurance recovery payment

(5.3)

Underlying surplus / (deficit)

excluding restricted funds, rollovers and disaster funding for prior years

(3.2)

Capital expenditure is forecast to decrease by $15.9 million to $94.1 million.

Council does not have sufficient funding available to meet key asset performance benchmarks this financial year. Both the asset renewal and maintenance ratios will not meet the benchmark as infrastructure cost increases have significantly outpaced growth in income.

An example of cost pressures in recent years is the significant increase in the Emergency Services Levy, which increased from $6.2 million 2 years ago to $8.9 million in 2024/25. Looking ahead to 2025/26, Council faces a further 6.2% increase, bringing the levy to $9.4 million, nearly double the 3.8% rate peg for the same period. IPART will consider this issue in future rate pegs. Notably, Northern Beaches Council has the highest Emergency Services Levy in NSW, paying nearly $2 million more than the second-highest contributor, Central Coast Council.

Strengthening the Council’s position in the future is a priority, with Council resolving on 28 January 2025 to apply to IPART for a Special Variation to increase rates over the next 3 years. IPART are currently considering Council’s application.

Governance and Risk Considerations

The Quarterly Budget Review Statement meets the statutory reporting requirements for progress at the end of the quarter i.e. implementation of the Operational Plan and Council’s overall financial position. It is provided to enable informed decision making while also ensuring transparency on Council’s governance.

Environmental Considerations

The report provides progress on implementing the Operational Plan which includes a range of projects to protect and enhance our natural environment including by managing our coast, bush and biodiversity; implementing catchment management initiatives; and a variety of on-ground works and education in our urban and natural settings.

Social Considerations

The report discloses progress on implementing the Operational Plan. This includes the continued delivery of services and capital works that support our community and economy. These initiatives will have a positive social and economic impact on the community.

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

2025/191809

Attachments

1    Quarterly Operational Plan Progress - March 2025 (Included In Attachments Booklet)

2    Quarterly Budget Review Statement - March 2025 (Included In Attachments Booklet)

3    Stronger Communities Funds - March 2025 (Included In Attachments Booklet)

 

 


Item 9.2 Northern Beaches Council MEETING - 20 May 2025

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ITEM 9.2

Monthly Investment Report - March 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 March 2025, Council had total cash and investments of $227,458,152 comprising:

Trading Accounts

$2,510,063

Investments

$224,948,089

·        The portfolio achieved a return of 0.40% for the month of March, which was 0.05% above the benchmark AusBond Bank Bill Index return of 0.35%.

·        The weighted average interest rate of the portfolio at month end is 4.88% compared to 4.86% for the prior month.

·        Total investment income year to date (YTD) to March 2025 was $8.4 million compared to the current YTD budget of $7.9 million.

·        Council and its subsidiary, Kimbriki Environmental Enterprises, agreed to the ‘Closure Fund’ ($20 million) transferring from Kimbriki to Council on 31 March 2025. The funds are restricted for the future closure and post closure management of the Kimbriki landfill site, and it is anticipated management of the fund through Council will strengthen investment returns, in turn reducing Council’s future financial risk.

RECOMMENDATION

That Council note the Investment Report as at 31 March 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.

Council and its subsidiary, Kimbriki Environmental Enterprises, agreed to the ‘Closure Fund’ ($20 million) transferring from Kimbriki to Council on 31 March 2025. The purpose of the Closure Fund is to set aside funds for the closure and post closure management of the Kimbriki landfill site, and the funds are restricted for that purpose. It is anticipated management of the fund through Council will strengthen investment returns, in turn reducing Council’s future financial risk.

 


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 (Authorised Deposit-taking Institution) 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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Environmental and Social Considerations

Portfolio investments: Fossil Fuel vs Non-Fossil Fuel Banks:

Portfolio Summaries

Fossil Fuel Lending ADIs

Non-Fossil Fuel Lending ADIs

As at 31 Mar 2025

51.8%

48.2%

 

Investment Performance vs Benchmark

a)      Portfolio Return vs Benchmark

Investment Portfolio Return *

Benchmark: AusBond Bank Bill Index

1 Month

0.400%

0.35%

3 Months

1.199%

1.07%

FYTD

3.757%

3.34%

12 Months

5.093%

4.46%

*   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 0.40% for the month of March which was 0.05% above the benchmark AusBond Bank Bill Index return of 0.35%. For the past 12 months the portfolio achieved a return of 5.093%, which was 0.633% above the benchmark AusBond Bank Bill Index return of 4.46%.

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b)      Portfolio Interest Rate vs Benchmark

Weighted Average Portfolio Interest Rate (%pa) *

Average

RBA Cash Rate

1 Month

4.88%

4.10%

3 Months

4.90%

4.18%

6 Months

4.95%

4.27%

FYTD

5.00%

4.29%

12 Months

5.04%

4.31%

*   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 4.88% compared to 4.86% for the prior month. For the past 12 months the weighted average interest rate of the portfolio was 5.04% compared to the average Reserve Bank of Australia Cash Rate of 4.31%.

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Investment Income* vs Budget

 

Year to Date
$

Investment Income

8,398,429

Adjustment for Fair Value

18,414

Total Investment Income

8,416,843

                        

 

Budgeted Income

7,921,866

*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 March 2025 total cash & investments were $227,458,152 and were made up of the following reserve allocations.

Allocation of Funds

Amount ($)

Percentage

Externally Restricted

$59m

26.1%

Internally Restricted

$86m

37.9%

Total Restricted

$145m

64.0%

Unrestricted

$82m

36.0%

Total

$227m

100.0%

 

Financial Considerations

Actual investment income for the period from 1 July 2024 to date was $8,416,843 compared to budgeted income of $7,921,866, a positive variance of $494,977 as a result of both a higher than anticipated level of investments and higher investment interest rates. The current budget for the full year is $9,747,419 in investment income.

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

2025/270583

Attachments

Nil

 

 


Item 9.3 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 9.3

Revocation of the Advertising and Advertisements and A-frame signs and Merchandise Offered for Sale policies

 

Purpose

The purpose of this report is to seek the revocation of 2 policies of the former councils.

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 Advertising and A-Frame Signs Policy and Merchandise Offered for Sale Policy have been reviewed and are proposed to be revoked as they are no longer required under the Policy Framework.

 

RECOMMENDATION

That Council revoke the:

1.       Advertising and Advertisements Policy

2.       A-Frame Signs and Merchandise Offered for Sale 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 require 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

Advertising and Advertisements Policy

This policy (Attachment 1) is not required and deals with matters which are subject to the application for use of Council land and or buildings (assets) like any other application.

Revocation of this policy does not change Council’s ability to regulate advertising on its land, or land or assets it manages, nor does revocation automatically allow for advertising previously prohibited under the policy. Advertising is also regulated under:

·        Environmental Planning and Assessment Act 1979 (NSW)

·        Local Government Act 1993 (NSW)

·        Public Health (Tobacco) Act 2008 (NSW) - s16.1 (prohibits tobacco advertising)

·        State Environmental Planning Policy (Industry and Employment) 2021.

Placing items on land or assets owned and managed by Council requires the permission of Council. Revoking the policy does not prevent Council from prohibiting the placement of unauthorised obstructions in a public place.

Should advertising be placed on Council land or assets without authority from Council, Council has the ability to issue fines and remove the items.

A-frame Signs and Merchandise Offered for Sale Policy

This policy (Attachment 2) is not required and deals with matters which are subject to the application for use of Council land like any other application.

Revocation of this policy does not change Council’s ability to regulate advertising on its land, or land it manages, nor does revocation automatically allow for advertising previously prohibited under the policy. Advertising is also regulated under:

·        Environmental Planning and Assessment Act 1979 (NSW)

·        Local Government Act 1993 (NSW)

·        Public Health (Tobacco) Act 2008 (NSW) - s16.1 (prohibits tobacco advertising)

·        State Environmental Planning Policy (Industry and Employment) 2021.

Placing items on land owned and managed by Council requires the permission of Council. Revoking the policy does not prevent Council from prohibiting the placement of unauthorised obstructions, including fixed A-frame signs as well as merchandise offered for sale in a public place.

Should A-frames or other items be placed on Council land without authority from Council, Council has the ability to issue fines and remove the items.

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.

It is not proposed to undertake public consultation for the policies intended to be revoked.

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.

The Framework provides an improved governance outcome for 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

2025/291710

Attachments

1    Advertising and Advertisements Policy (Included In Attachments Booklet)

2    A-frame Signs and Merchandise Offered for Sale Policy (Included In Attachments Booklet)

 

 


Item 9.4 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 9.4

Suspension of the Alcohol Free Zone in Manly Corso for Rise Manly 2025

 

Purpose

The purpose of this report is to request that Council suspend part of the Alcohol Free Zone on The Corso in Manly to accommodate the operation of a temporary licensed activation as part of the local winter business support event, Rise Manly.

Executive Summary

·        Rise Manly is a new 10 day and night winter destination event, delivered in partnership with the Manly Business Chamber that will showcase the diversity of local business offerings and promote visitor experiences in Manly from 20 - 29 June 2025.The event is designed to support local businesses during the quieter winter season.

·        The event program is being curated from activations and offerings that have been procured from an open expression of interest process to local businesses and also includes a range of installations and activities delivered by Council.

·        A local business has proposed to deliver a temporary licensed activation and entertaining space to complement the event program on The Corso, similar to other temporary licensed activations delivered as part of previous Manly Jazz and Taste of Manly festivals.

·        The temporary liquor licensed activation would operate under a third-party operator from 11am – 10pm daily from Friday 20 - Sunday 29 June 2025.

·        As the proposed temporary liquor licensed activation on The Corso is situated within an Alcohol Free Zone, it requires a Council resolution to suspend the operation of part of the Alcohol Free Zone.

·        Northern Beaches Police Area Command Licensing Unit have been engaged to seek their endorsement which is required for the operation of the temporary liquor licensed activation in the proposed area on The Corso. That process is independent of Council’s consideration of the temporary suspension of the Acohol Free Zone.

 

RECOMMENDATION

That Council:

1.       Suspend operation of part of the Alcohol Free area on Manly Corso (as shown in Attachment 1) from 11am – 10pm on Friday 20 June 2025 – Sunday 29 June 2025.

2.       Authorise the Chief Executive Officer to do all things necessary to give effect to the suspension referred to in Item 1 above, including the publication of notices of suspension as required under section 645 of the Local Government Act 1993.

3.       Staff continue to work with Northern Beaches Police Area Command Licensing Unit in relation to the safe management of the area during the suspension.

 


 

Background

Following the review and consultation on the previous Taste of Manly destination event, a new event program has been created in consultation with the Manly Business Chamber and the Manly Foreshore Syndicate. This group is comprised of several high profile hospitality businesses in Manly including, MJC Group, The Boathouse Group, Artemus Group and The Steyne Hotel.

The new event is a 10 day and night winter festival showcasing the diversity of businesses and visitor experiences in Manly. The event program will run from 20 – 29 June 2025 and is focused on promoting local businesses and increasing visitation during the quieter winter season, and will be delivered using the existing event budget.

The 10 day program is being curated from an open expression of interest that saw over 50 different offerings being proposed by local businesses.

Council is also delivering a range of activities including light installations, family play spaces and art displays for visitors to enjoy.

The winter business support program is being marketed across a range of channels to promote the profile of Manly as a great destination to enjoy all year round.

This destination winter event is designed to support and promote local businesses, increase visitation and visitor spending in Manly and further enhance Manly’s reputation as a destination for great entertainment and hospitality.

Discussion

In order to continually improve the visitor experience and attract visitors, a local business is proposing to deliver a temporary licensed activation as part of the Rise Manly event program on The Corso in Manly.

It is designed to create an area where people can enjoy the open space of The Corso, listen to live music and socialise with friends and family. The objective is to add a unique element to the event that will attract new visitors and encourage people to stay longer in Manly.

The temporary licensed activation would occupy a space of approximately 14 metres x 40 metres on Manly Corso, in front of the New Brighton Hotel (see Attachment 1).

The activation would sell alcoholic and non-alcoholic beverages, in line with Responsible Service of Alcohol requirements. To achieve this, a resolution of Council is required to temporarily suspend the Alcohol Free Zone in this area to allow the sale and consumption of alcohol.

Under the provisions of section 645(1) of the Local Government Act 1993, Council ‘may, at the request of any person or body or of its own motion, suspend the operation of an alcohol-free zone by publishing a notice of the suspension in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned’.

The proposed temporary liquor licensed activation would operate under a third-party operator from 11am - 10pm from Friday 20 June 2025 – Sunday 29 June 2025.

Staff are also currently working with the Northern Beaches Police Area Command Licensing Unit to seek their endorsement for the temporary liquor licence activation, this is independent of Council’s consideration of the temporary suspension of the Alcohol Free Zone.

Historically, Council’s Manly Jazz event has hosted other activations like the Jazz Garden in 2024 and the pop-up wine garden that was first trialled in 2014 and continued annually until 2019, with no incidents reported by Police.

Consultation

Council is working with Northern Beaches Police Area Command Licencing Unit and will continue to collaborate with them and the selected temporary licensed activation operator to ensure the safe operation of the activity during the Rise Manly event program.

Timing

Rise Manly will take place from Friday 20 – Sunday 29 June 2025. The temporary licensed activation would be permissible to operate under a liquor licence of a third-party operator from 11am – 10pm daily, however, the hours of operations may be less but not more than the approved restrictions.

Due to the event timing in June 2025, the endorsement of Council is required at the May Council meeting to allow sufficient time to manage a third-party operator to plan and deliver the activation for the event.

Financial Considerations

The recommendations of this report pose no financial impact on Council. The event program, Rise Manly 2025 is being funded by Council existing budget and from the Manly Business Levy, in collaboration with the Manly Business Chamber.

Governance and Risk Considerations

Council is working closely with Northern Beaches Police Area Command Licensing Unit to establish the parameters and conditions in which a third party operator could run a temporary licensed activation during the Rise Manly event program.

The selected operator would be required to submit a risk assessment and will be subject to the authority of Police and liquor licensing requirements to ensure the responsible service of alcohol.

It would also be a condition of the agreement to operate the temporary licensed activation, that the operator must comply with directions from Police or Council to cease operations for any reason to ensure public safety. This may include a liquor license breach or an alcohol-related incident.

There have been no alcohol-related incidents recorded by Police or Council resulting from the suspension of the Alcohol Free Zone for the purpose of a temporary licensed activation at this location in previous years.

The event program will be evaluated and success will be measured according to economic and social indicators.

 Environmental Considerations

The subject of this report has no adverse environmental implications for Council. The event will be compliant with Council’s waste management plan and no single use plastics policy.

Social Considerations

The recommendations in this report will have a positive social outcome for the community by:

·        Expanding cultural events and creative opportunities, to enable social interaction/cohesion and stimulate wellbeing, enhancing and extending opportunities for sustainable tourist economy throughout the area.

·        Facilitating active, safe, and welcoming centres for residents and visitors during the day and into the evening.

·        Facilitating collaboration between businesses and government on projects.

·        Promoting local businesses and Sydney’s premier beach destination through the traditionally quieter winter months.

Link to Strategy

This report relates to the Events Strategy 2018-2023 Outcomes and Goals:

·        Goal 1: Support a diverse and exciting annual events program that is welcoming, inclusive, safe and that adds value to the Northern Beaches community.

·        Goal 2: Activate our town centres and villages to reflect community aspirations, create vibrancy and enhance our sense of place.

·        Goal 3: Boost the economic and tourism benefits of events in key destinations.

·        Goal 4: Work in partnership with event organisers in a customer focused manner to promote the delivery of events.

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

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

·        Community and belonging - Goal 9 Our community is inclusive and connected.

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

 

Reporting team

Community Engagement & Communications

TRIM file ref

2025/329689

Attachments

1    Suspension of the Alcohol Free Zone in Manly CBD Area - Site Map - Rise Manly 2025 (Included In Attachments Booklet)

 

 


Item 10.1 Northern Beaches Council MEETING - 20 May 2025

10.0    Community and Recreation Division Reports

 

 

ITEM 10.1

Community Safety Advisory Committee - Confirmed Minutes of 13 February 2025, 14 November,15 August and 16 May 2024

 

Purpose

The purpose of this report is to present the minutes of the Community Safety Advisory Committee meetings held on 13 February 2025, 14 November, 15 August and 16 May 2024 for noting.

Executive Summary

·        The Community Safety Advisory Committee is a committee of Council, established to provide guidance to Council on community safety issues impacting the Northern Beaches.

·        The meetings also provided the quarterly Police and Environmental Compliance reports.

·        Due to an administrative oversight the minutes of 3 previous meetings were not reported to Council for noting, however all actions arising from those minutes were completed by staff in a timely manner after each meeting.

·        The minutes of the Community Safety Advisory Committee meetings were confirmed by the Committee on the following dates:

-        13 February 2025 at the meeting of 8 May 2025

-        14 November 2024 at the meeting of 13 February 2025

-        15 August 2024 at the meeting of 14 November 2024

-        16 May 2024 at the meeting of 15 August 2024.

RECOMMENDATION

That Council note the minutes of the Community Safety Advisory Committee meetings held on 13 February 2025, 14 November 2024, 15 August 2024 and 16 May 2024.

 


 

Background

This Community Safety Advisory Committee (Committee) meets 4 times per year to provide guidance to Council on crime prevention and community safety issues impacting the Northern Beaches. The Committee monitors the implementation of the Community Safety Plan and informs actions within the Plan.

The meeting held on 13 February 2025 included discussion on graffiti management and the review of Alcohol Free Zones.

The meeting held on 14 November 2024 included presentations from the following Chairs of local interagencies and networks on key community safety issues impacting their networks and customers across the Northern Beaches:

·        Northern Beaches Domestic Violence Network

·        Northern Beaches Liquor Accord

·        Northern Beaches Youth Interagency

·        Northern Sydney Housing and Homelessness Interagency

·        Northern Sydney Community Network

Discussion at the November meeting also included a proposed development of Manly Wharf and State Government actions in relation to e-bikes.

The meeting held on 15 August 2024 included an overview of the Person-Centred Emergency Preparedness (P-CEP) Program and an update on the activities of the Local Drug Action Team and Community Drug Action Team. Discussion also occurred on a range of community safety related issues in the Manly area.

The meeting held on 16 May 2024 included discussion on housing and homelessness issues, including the 2024 Street Count and local housing options.

Due to an administrative oversight, the reporting of the minutes of November, August and May 2024 meetings were not included on the Council agenda papers for noting. Staff have since noted and included the previous minutes in this report and adjusted the administrative process to ensure this does not occur again. It is noted that the actions recorded in each of the meeting minutes were completed by staff in a timely manner after each meeting.

The meetings also provided the quarterly Police and Environmental Compliance reports.

The minutes of the Community Safety Advisory Committee meetings were confirmed by the Committee at the dates below:

·        13 February 2025 at the meeting of 8 May 2025

·        14 November 2024 at the meeting of 13 February 2025

·        15 August 2024 at the meeting of 14 November 2024

·        16 May 2024 at the meeting of 15 August 2024.

Consultation

Council seeks the guidance of the Committee on issues relating to the development of Council strategies and services aimed at enhancing and improving community safety.

Timing

Draft Minutes are confirmed at the following Committee meeting, prior to being reported to Council.

Financial Considerations

Funding to support the Committee is included in the adopted operational budget.

Governance and Risk Considerations

The Committee is conducted according to Council’s governance framework and adopted terms of reference.

Environmental Considerations

The subject of this report does not present matters that will create adverse environmental impacts for Council.

Social Considerations

The Committee provides valuable advice relating to social and community-based outcomes. It includes involvement and engagement with a broad range of stakeholders.

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

2025/261287

Attachments

1    Minutes - Community Safety Advisory Committee - 13 February 2025 (Included In Attachments Booklet)

2    Minutes - Community Safety Advisory Committee - 14 November 2024 (Included In Attachments Booklet)

3    Minutes - Community Safety Advisory Committee - 15 August 2024 (Included In Attachments Booklet)

4    Minutes - Community Safety Advisory Committee - 16 May 2024 (Included In Attachments Booklet)

 

 


Item 11.1 Northern Beaches Council MEETING - 20 May 2025

11.0    Environment and Open Space Division Reports

 

ITEM 11.1

Public Exhibition - Draft Memorials and Naming Honours Policy

 

Purpose

The purpose of this report is to seek Council’s endorsement to publicly exhibit the draft Memorials and Naming Honours Policy.

Executive Summary

·        A draft Memorials and Naming Honours Policy has been prepared to provide an integrated framework for the consideration of proposals for memorials and naming of reserves, geographical features, facilities and roads at suitable sites on Council land.

·        Memorial policies from the former councils remain in force, and these policies are inconsistent as they reflect differing approaches for managing community requests to install memorial structures and memorial plaques on Council land.

·        Given the inconsistency of the memorial policies and constant requests for memorials, a revised and integrated memorials policy is required.

·        A review has been undertaken of Council’s memorial and related policies and practices, policies of other councils and of research related to memorialisation.

·        The findings of this review include that combining the management of naming and memorial proposals would be more effective and efficient than separate approaches – the findings and responses are outlined in this report.

·        A draft Memorials and Naming Honours Policy has now been prepared for public exhibition and community feedback.

·        Should this draft policy ultimately be adopted the following policies will be recommended for revocation:

-        Naming our Reserves Facilities and Roads Policy 2019

-        Former Manly - Outdoor Furniture Dedication Policy R50

-        Former Pittwater - Plaques in Parks and Reserves Policy No 157

-        Former Warringah - Memorials, Plaques and Naming of Assets Policy PL 360

 

RECOMMENDATION

That the draft Memorials and Naming Honours Policy be placed on public exhibition for a minimum of 28 days with the outcome reported to Council.

 

 


 

Background

Council adopted the Naming our Reserves, Facilities and Roads Policy (Attachment 2) in 2019 and it is due to be reviewed. Memorials including memorial seats are currently managed under the 3 former councils’ policies:

·        Former Manly - Outdoor Furniture Dedication Policy R50 (Attachment 3)

·        Former Pittwater - Plaques in Parks and Reserves Policy No 157 (Attachment 4)

·        Former Warringah - Memorials, Plaques and Naming of Assets Policy PL 360 (Attachment 5)

The principles for the management of memorials and naming honours are not aligned through these 4 polices and a review of all 4 has been undertaken with a view to harmonising and revising the principles to reflect current best practice, consistency for the community and alignment with the NSW Geographic Names Board guidelines.

Discussion

The draft Memorials and Naming Honours Policy (draft Policy, Attachment 1) is based on a policy review and consultation with the following findings:

·        There are over 700 memorials (the vast majority are memorial seats with memorial plaques) in public spaces on Council land.

·        Each year Council receives over 70 requests for memorial seats with memorial plaques. Most requests propose cliff top reserves or coastal locations, the majority of which are considered to be at capacity.

·        Memorials can provide important places for reflection, healing and connection. Nonetheless, public amenity may be impacted from visual reminders of death in public spaces.

·        Research has identified that establishing memorials at locations of death by suicide may increase the risk that vulnerable people view this as an option. Young people have been found to be particularly susceptible to this situation.

·        The current naming policy requires a compliant naming application to be reported to Council twice, initially to endorse public exhibition, and again to report the outcomes of the exhibition.

·        Proposals to recognise politicians through naming are not generally supported by the community and would not be progressed by staff unless otherwise resolved by Council.

·        Combining the management (and principles) of naming and memorial proposals would be more effective and efficient than separate approaches.

In response to the outcomes of the review and feedback received, the draft policy proposes, among other things, the following:

·        Supporting meaningful, respectful and discreet ways to accommodate memorials at suitable public spaces on Council land.

·        Locations for a memorial are to be: public spaces on Council land, sites that do not unreasonably affect the community’s access and enjoyment of that site, areas not at capacity with memorials and infrastructure and land not known to be a suicide location.

·        Council’s preferred form of memorial is a memorial tree without a plaque.

·        The installation of a memorial seat will only be considered in a location where there is an identified need for such a seat. These locations would be published for members of the community to choose from.

·        Applicants would be responsible for memorial seat costs. Council will arrange the provision, installation and general maintenance.

·        The requirement to seek Council’s endorsement to publicly exhibit compliant naming proposals will be removed. This will enable a more efficient response to the customer and remove some burden from Council business.

·        Individuals nominated for recognition through memorials and naming are to be deceased and have been a resident of the Northern Beaches.

The draft policy would not apply to:

·        memorials approved and/or installed by Council prior to the date of adoption of the policy.

·        memorial and naming applications received prior to the date of adoption of this policy - these applications may be assessed and implemented up to 12 months after the date of adoption of this policy under the prior relevant policies.

·        naming land or facilities for the purpose of sponsorship, advertising or revenue raising.

·        memorials proposed on Council owned and managed land where the primary use is memorialisation, for example, cemeteries, columbaria, war memorials, memorial gardens or the like.

·        proposals submitted for consideration under Council’s Public Art Policy.

·        interior of buildings on Council land.

·        temporary memorials.

Consultation

To assist with the preparation of the draft policy consultation was undertaken with staff and community agencies including Lifeline Northern Beaches and Lifeline Australia. Feedback received assisted in the compilation of this draft policy.

If the recommendation in this report is endorsed, the draft policy will be made available for public exhibition for a minimum of 28 days. Council would encourage feedback through an online Have Your Say webpage, as well as electronic newsletters and emails sent to stakeholders, which include community agencies. Feedback would be collected through an online form, letters and emails.

Timing

At the conclusion of the public exhibition period the community feedback received will be reviewed and a community engagement report prepared. The findings of the review will inform the final draft policy. The community engagement report and final draft policy will then be reported to Council for consideration.

Financial Considerations

There are funds available in the Parks and Open Space Operational Budget to meet the costs to publicly exhibit the draft policy.

Governance and Risk Considerations

The draft Policy has been developed in accordance with Council’s Policy Framework NB-P-01. As required, the draft policy provides high level strategic direction. The policy framework also requires a Council resolution to adopt the draft policy and to revoke the current memorial and naming policies.

Should this draft policy ultimately be adopted by Council the following policies will be proposed to be revoked:

·        Naming our Reserves Facilities and Roads Policy 2019

·        Former Manly - Outdoor Furniture Dedication Policy R50

·        Former Pittwater - Plaques in Parks and Reserves Policy No 157

·        Former Warringah - Memorials, Plaques and Naming of Assets Policy PL 360

Environmental Considerations

Planting of memorial trees supports the direction of the adopted Tree Canopy Plan and will help in improving canopy coverage over time.

Social Considerations

Applicants with a compliant memorial proposal will be encouraged to purchase a memorial tree without a plaque. Applicants may also be asked to consider alternatives such as paying tribute to a loved one through a private ceremony or other meaningful event.

Staff who manage requests for memorial and naming requests will continue to communicate with sensitivity when working with people experiencing grief.

Link to Strategy

This report relates to Council’s Tree Canopy Plan 2023 and these Community Strategic Plan 2040 Outcomes and Goals:

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

·        Community and belonging - Goal 9 Our community is inclusive and connected.

·        Housing, places and spaces - Goal 12 Our community has access to spaces that enable healthy and active living and allow for a broad range of creative, sporting and recreational opportunities to be enjoyed.

 

Reporting team

Parks & Open Space

TRIM file ref

2024/270026

Attachments

1    Memorials and Naming Honours Policy (Draft) (Included In Attachments Booklet)

2    Naming our Reserves Facilities and Roads Policy 2019 (Included In Attachments Booklet)

3    Former Manly - Outdoor Furniture Dedication Policy R50 (Included In Attachments Booklet)

4    Former Pittwater - Plaques in Parks and Reserves Policy No 157 (Included In Attachments Booklet)

5    Former Warringah - Memorials, Plaques and Naming of Assets Policy PL 360 (Included In Attachments Booklet)

 

 


Item 11.2 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 11.2

Public Exhibition - Draft Seaforth Oval Reserve Plan of Management

 

PURPOSE

The purpose of this report is to seek Council’s endorsement to publicly exhibit the draft Seaforth Oval Reserve Plan of Management.

Executive Summary

·        A draft Seaforth Oval Reserve Plan of Management (draft PoM) has been prepared to enable Council to improve sport and recreation opportunities, to better meet community needs and to incorporate additional Crown land into Seaforth Oval Reserve (the Reserve), and is provided at Attachment 1.

·        The Reserve is highly valued by the community as a place for sport, recreation and community activities and is located on Crown land managed by Council adjacent to Garigal National Park.

·        To help Council understand our community’s views about the Reserve, community engagement was undertaken between 25 August and 27 September 2023 with the feedback (Attachment 2) used to guide the preparation of the draft PoM.

·        Proposed actions in the draft PoM include improvements to sports, community and park facilities, carparking and internal roads and bushland management and a new intermediate to advanced level bike park.

·        In accordance with the Local Government Act 1993 and the Crown Land Management Act 2016 the draft PoM was referred to the NSW Department of Planning, Housing and Infrastructure which has provided its consent for Council to publicly exhibit the draft PoM.

 

RECOMMENDATION

That the draft Seaforth Oval Reserve Plan of Management be placed on public exhibition for a minimum of 42 days in accordance with the Local Government Act 1993 with the outcome reported to Council.

 


 

Background

A draft Seaforth Oval Reserve Plan of Management (draft PoM) has been prepared (Attachment 1) to enable future improvements at Seaforth Oval Reserve (the Reserve) and to meet current legislative requirements.

The Reserve:

·        is located on Crown land managed by Council adjacent to Garigal National Park

·        is highly valued by our community as a place for sport, recreation and community activities

·        has a long sport and recreation history with football, cricket, little athletics, school sport and other sports and community activities undertaken here for many years

·        includes a sportsground (fringed by bushland) and facilities including the Seaforth Oval Community and Sporting Pavilion (the Pavilion), lit sportsfields, natural and synthetic turf cricket wickets, cricket nets, playground, ½ basketball court, a dog off-leash area (on the sportsground) and carparking and internal roads.

The draft PoM has been prepared in accordance with the the Local Government Act 1993 (LG Act) and the Crown Land Management Act 2016 (CLM Act).

Proposed actions in the draft PoM include improvements to sports and park facilities, the Pavilion, carparking and internal roads and bushland management and a new intermediate to advanced level bike park.

The Minister administering the CLM Act has granted Council a licence over an additional piece of adjacent Crown land for the proposed bike park. This Crown licence will remain in place until Council is appointed Crown land manager for the additional Crown land which is anticipated to occur in the near future.

Land categories

The land categories of Park, Sportsground and Natural Area Bushland for the Reserve were approved by Council at its meeting on 30 April 2024 (Resolution 107/24) and subsequently approved by the Minister administering the CLM Act on 21 August 2024.

Having regard to the relevant guidelines under the LG Act, the draft PoM also proposes the categories of Park and Natural Area Bushland for the additional Crown land for which Council is proposed to be appointed Crown land manager and which have been included in the draft PoM. In reviewing the draft PoM, the NSW Department of Planning, Housing and Infrastructure (DPHI) did not raise any concern with this proposed categorisation. The formal categorisation process for the additional land will be undertaken following Council’s appointment as Crown land manager.

Discussion

The draft PoM outlines a vision and proposes actions to meet current and future community needs. Proposed actions are subject to confirmation of funding and obtaining all required environmental, planning or other approvals. Key actions in the draft PoM include:

·        Design and construct an intermediate to advanced level bike park - following research into site options and community consultation, the creation of an intermediate to advanced level bike park at the Reserve was included as an action in Council’s Open Space and Outdoor Recreation Strategy and Action Plan (2022). This action also addresses part of Council Resolution 285/20 (at Council’s meeting on 27 October 2020) for a new bike park site in the local area around Seaforth.

·        Review the Reserve’s carparking and internal roads and increase parking capacity, and improve safety (for vehicles and pedestrians) and traffic flow particularly at busy times.

·        Consider new sports facilities and improvements to existing sports facilities, including upgrade of sportsfield playing surfaces and more storage for sports groups.

·        Consider new park facilities and improvements to existing facilities including to upgrade the basketball court, playground, trails and new bubblers, park furniture, dog waste bag dispensers and water bowls, and fencing to improve safety.

·        Consider minor upgrades to the Pavilion including to the amenities.

·        Improved bushland management.

·        Authorisation of leases, licences and other agreements for use of the Reserve.

Development of the draft PoM and the proposed actions was guided by relevant Council strategic directions and feedback received from the consultation outlined in the section below.

Consultation

To help Council understand our community’s views about the Reserve an idea gathering stage of consultation was undertaken from 25 August and 27 September 2023. During this period 512 submissions were received. Key themes arising from the analysis of the feedback received include:

·        strong support for the proposed bike park along with concerns about possible anti-social behaviour and impact on parking

·        traffic and parking issues, in particular at busy times and requests for improvements and increased parking capacity

·        requests for improvements to sports and park facilities and the Pavilion and protection of flora and fauna and more planting.

Details on the feedback received and staff responses can be found in the Community Engagement Report provided at Attachment 2.

Public exhibition

Section 38 of the LG Act requires Council to give public notice of the draft PoM, including exhibition for at least 28 days, and a period of at least 42 days after the first day of public exhibition during which submissions may be made to Council.

Should the recommendation within this report be adopted, the draft PoM will be placed on public exhibition for a minimum of 42 days, during which community feedback will be sought.

The opportunity to provide feedback would be promoted via temporary signs at the Reserve, letters to nearby residents, emails to key stakeholders, an online Have Your Say web page, book-a-call (where a booking can be made to speak to staff over the phone) and Council’s electronic newsletters and social media platforms. Feedback would be collected through an online form, letters and emails.

An easy-read version of the draft PoM will be available on the Have Your Say web page as part of the document library for the public exhibition.

A public hearing is not required because no land category changes are proposed in the draft PoM.

Timing

Should Council resolve to exhibit the draft PoM, it is anticipated that consultation would commence within 4 to 6 weeks. The outcomes of the public exhibition of the draft PoM along with a final draft PoM will be reported to a Council meeting following a review of the community feedback received.

Financial Considerations

The cost to publicly exhibit the draft PoM can be met from the 2024/2025 Parks and Open Space operational budget.

The proposed actions within the final draft PoM are unfunded until confirmed in Council’s Delivery Program for operational and capital funding. Funding for these proposed actions would be considered as required during the annual process for developing Council’s Delivery Program. State and Federal Government grants and other grants will also be sought to funds these actions.

Governance and Risk Considerations

In accordance with the LG Act and CLM Act the draft PoM was referred to DPHI which has provided its consent for Council to publicly exhibit the draft PoM.

Council is awaiting being appointed Crown land manager of additional Crown land which has been included in the draft PoM. The PoM will not be recommended for adoption until after this has occurred.

Pursuant to section 41 of the LG Act, should the draft PoM subsequently be adopted, it will amend the Plan of Management for Seaforth Oval, Keirle Park and Tania Park (2004) such that it will no longer apply to the Reserve and instead will be amended and replaced by the draft PoM in respect of this land.

Environmental Considerations

The draft PoM seeks improved environmental outcomes at the Reserve. All required environmental assessments will be undertaken and environmental approvals obtained when implementing actions from the draft PoM.

A Review of Environmental Factors has been completed for the proposed bike park which will be reviewed as required before deciding to proceed to construction.

Social Considerations

The feedback collected during community consultation indicates that the Reserve is highly valued by our community as a place for sport, recreation and community activities.

Link to Strategy

This report relates to these Community Strategic Plan 2040 Outcomes and Goals:

·        Housing, places and spaces - Goal 12 Our community has access to spaces that enable healthy and active living and allow for a broad range of creative, sporting and recreational opportunities to be enjoyed.

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

 

 

This report also relates to relevant actions and principles within the Sportsgrounds Strategy 2017 and the Let’s Play! Open Space and Outdoor Recreation Strategy and Action Plan - December 2022 including the proposed construction of an intermediate to advanced level bike park at the Reserve.

 

Reporting team

Parks & Open Space

TRIM file ref

2024/269188

Attachments

1    Draft Seaforth Oval Reserve Plan of Management (Included In Attachments Booklet)

2    Community Engagement Report - Seaforth Oval Reserve Plan of Management (Stage 1) (Included In Attachments Booklet)

 

 


Item 11.3 Northern Beaches Council MEETING - 20 May 2025

+

 

ITEM 11.3

Public Exhibition - Draft Climate Change Policy

 

Purpose

The purpose of this report is to seek Council's endorsement to publicly exhibit the draft Climate Change Policy.

Executive Summary

·        The Northern Beaches local government area is particularly vulnerable to impacts associated with climate change and this is projected to increase in future years.

·        Proactively managing Council’s assets, functions and services helps to strengthen community and environmental resilience to these impacts, including those associated with significant weather events.  

·        Climate change and sustainability policies from the former councils remain in force.

·        The draft Climate Change Policy has been prepared to update and replace the current policies and guide the integration of climate change mitigation and adaptation action across Council’s assets, functions and services.

·        This draft Policy complements Council's adopted plans and strategies and is consistent with NSW, Australian and international frameworks. 

·        It is recommended that the draft Policy is publicly exhibited for community feedback for a minimum of 28 days with a further report to be brought to Council on the outcomes of the exhibition.

RECOMMENDATION

That the draft Climate Change Policy be placed on public exhibition for a minimum of 28 days with the outcome reported to Council.

 


 

Background

The NSW State Disaster Mitigation Plan makes clear that the Northern Beaches local government area is exposed to a range of climate change risks that are expected to increase over time. These risks include increasingly severe and complex impacts associated with coastal hazards and flooding, and more frequent extreme weather, bush fires, high winds, heatwaves and drought.

Such impacts can go beyond these physical hazards, creating challenges and driving changes across the community, natural environment and economy. Recent bush fire, storm and flooding events have directly impacted the local Northern Beaches community, through property damage and increased clean-up, repair and insurance costs, as well as causing stress, fatigue and uncertainty.

To better support our community, Council is committed to taking strong action to address climate change through the adoption of the Environment and Climate Change Strategy (2019), Resilience Strategy (2022) and in accordance with the Climate Emergency Declaration in 2019. This commitment to act is also reflected through Council’s Community Strategic Plan goals and the Local Strategic Planning Statement planning priorities.

The draft Climate Change Policy (Policy) complements these adopted strategies and actions, and has been developed to replace the climate related aspects of these 5 current policies from the former councils:

·           Carbon Neutral Policy – C06 (former Manly) (Attachment 2)

·           Environmental Sustainability Policy – STR PL 830 (former Warringah) (Attachment 3)

·           Sustainability Policy – No164 (former Pittwater) (Attachment 4)

·           Ethical Charter – Sustainability Policy – E40 (former Manly) (Attachment 5)

·           Climate Change Policy – No176 (former Pittwater) (Attachment 6)

The 5 current policies present an inconsistent approach to addressing climate change and sustainability and an updated and consolidated policy is required. The sustainability elements in the above policies have largely been integrated into our other operational policies (e.g. procurement, financial investment, asset management) or are included in more detail in relevant strategies. As such they are likely to be repealed following the adopting of a new harmonised climate change policy.

Discussion

The draft Policy provides principles to consistently guide the integration of climate change mitigation and adaptation action across Council’s assets, functions and services. The draft Policy focuses on the broader framework, while operational details are addressed in internal determinations and public-facing guidelines.

The draft Policy seeks, among other things, to:

·           adopt a proactive and adaptive approach, informed by the best available science

·           ensure that mitigative and adaptive action in response to climate change is incorporated into strategic and resourcing plans, across the management and operation of Council’s assets, functions and services and through Council’s systems and frameworks

·           ensure that greenhouse gas emission targets remain current, that appropriate action is being taken, along with relevant monitoring for Council operations and the community

·           define the range of emission scenarios that are to be included when managing Council’s assets and services and when developing studies, management plans and in land use planning

·           identify and manage climate change risks throughout Council’s systems and frameworks

·           work with community and stakeholders to reduce emissions, address climate risks and enhance resilience

·           consider options for existing development and land uses that may be impacted by future climate change

·           advocate for action to reduce the causes, risks and impacts of climate change.

The draft Policy applies to officials of Northern Beaches Council and will be implemented across Council assets, functions and services.

The draft Policy has been developed to align with NSW, Australian and International climate frameworks, following:

·           a review of current policies, legislation, and climate reports

·           consultation with staff from across Council.

The draft Policy principles will be reviewed following the release of future relevant reports, including the Intergovernmental Panel on Climate Change reports, to ensure currency and consistency.

Consultation

The draft Policy was developed in consultation with staff from a range of business units across Council.

Should the recommendation within this report be endorsed, the draft Policy will be publicly exhibited for a minimum of 28 days. Council will encourage feedback in accordance with the Community Engagement Framework.

Timing

At the conclusion of the public exhibition period the community feedback received will be reviewed and a community engagement report prepared. The findings of the review will inform the final draft Policy. The community engagement report and final draft Policy will then be presented to Council for consideration.

Financial Considerations

Funding to support the public exhibition of the draft Policy is included within the 2024/25 Environment & Resilience operational budget.

Governance and Risk Considerations

The draft Policy has been developed in accordance with Council’s Policy Framework NB-P-01 and complements Council’s key adopted plans and strategies listed in this report. The Policy Framework requires a Council resolution to adopt the draft Policy and to revoke the current policies.

The Northern Beaches local government area is especially vulnerable to natural hazards such as bush fires, flooding, landslips, coastal erosion, and storms. Climate change, population growth, and rising property values are increasing the community’s exposure to these risks, impacting safety, wellbeing, and financial stability. To build resilience in our communities, natural and built environments, we must both manage and adapt to these growing risks and reduce emissions to help limit rising temperatures that drive more frequent and intense natural disasters.

Environmental Considerations

The draft Policy will result in a beneficial environmental outcome by providing an updated and consistent approach for the integration of climate change mitigation and adaptation action across Council’s assets, functions and services. The draft Policy complements and strengthens Council’s adopted related plans, strategies and action plans and is consistent with NSW, Australian and International climate frameworks.

Social Considerations

The draft Policy includes a principle for Council to work with the community and key stakeholder to reduce emissions, address climate risks and enhance resilience. Proactively managing Council’s assets, functions and services helps to strengthen community and environmental resilience to climate change impacts, including extreme weather events. A stronger, resilient Council is able to better support our local community.

Link to Strategy

This draft Policy relates to these Council strategies and plans:

·        Protect Create Live - Northern Beaches Environment and Climate Change Strategy 2040

·        Northern Beaches Local Strategic Planning Statement - Towards 2040

·        Move Northern Beaches Transport Strategy 2038

·        Northern Beaches Resilience Strategy

·        related action plans

·        Climate Emergency Declaration.

This draft Policy relates to the Community Strategic Plan Outcomes and Goals:

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

·           Environmental sustainability - Goal 4 Our community is supported in the transition towards net zero emissions and a local circular economy.

·           Environmental sustainability - Goal 5 Our built environment is developed in line with best practice sustainability principles.

·           Environmental sustainability - Goal 6 Our Council is recognised as a leader in environmental sustainability.

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

 

Reporting team

Environment & Resilience

TRIM file ref

2025/255912

Attachments

1    Draft Climate Change Policy (Included In Attachments Booklet)

2    Former Manly - Carbon Neutral Policy (Included In Attachments Booklet)

3    Former Warringah - Environmental Sustainability Policy (Included In Attachments Booklet)

4    Former Pittwater - Sustainability Policy (Included In Attachments Booklet)

5    Former Manly - Ethical Charter - Sustainability Policy (Included In Attachments Booklet)

6    Former Pittwater - Climate Change Policy (Included In Attachments Booklet)

 

 


Item 11.4 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 11.4

Retention of Environment & Open Space Policies

 

Purpose

The purpose of this report is to advise Council of the intention to retain 5 Northern Beaches Council policies managed by Environment and Open Space, which are due for review, until such time as the new Local Environmental Plan (LEP) and Development Control Plan (DCP) have been finalised. 

Executive Summary

·        Council is developing a new Local Environmental Plan (LEP) and Development Control Plan (DCP) for the Northern Beaches Local Government Area.

·        Key components of a number of existing policies will either be integrated into the new LEP and DCP or incorporated into new policies following the finalisation of the new LEP and DCP.

·        This report outlines the intention to retain the following 5 policies until the new Local Environmental Plan and Development Control Plan have been finalised:

-        Water Management for Development Policy

-        Water Courses - Piping of Water Courses Policy – W30 (former Manly)

-        Geotechnical Risk Management Policy for Pittwater – No 178 (former Pittwater)

-        Watercourse Preservation Policy – No 67 (former Pittwater)

-        Protection of Waterways and Riparian Land Policy – PL 740 (former Warringah)

 

RECOMMENDATION

That Council note the report.

 


 

Background

To support a more strategic and consistent approach to policy development, Council adopted a Policy Framework (Framework) at the Ordinary Council Meeting held on 28 November 2023. This Framework outlines the strategic principles underpinning all Council policies and sets the governance structure for the creation, implementation, and review of internal corporate documents.  As part of this process, existing policies and related documents are being progressively reviewed to align with the new Framework.

Council is in the process of developing a new Local Environmental Plan (LEP) and Development Control Plan (DCP). The aim of this project is to harmonise the planning controls of the former councils, creating a more consistent planning framework for the Northern Beaches Local Government Area (LGA). The updated LEP and DCP will play a key role in implementing Council’s broader land use and housing objectives, as outlined in the Local Strategic Planning Statement – Towards 2040 and the Local Housing Strategy.

Once in effect, the new LEP and DCP will replace and/or enhance a number of existing policies that guide development activity, particularly in relation to water management and geotechnical risk. While new policies could be developed, exhibited and implemented to cover the intervening period, this is not considered an efficient use of resources given the relatively short life that these policies would be in effect. Accordingly, staff have identified 5 policies from the Environment and Open Space Division that should be retained in their current form until the LEP/DCP has been finalised.

Discussion

This report outlines the intention to retain 5 existing Council policies that are due for review. These policies are important to current planning and development processes and their retention will support existing controls.

The policies that are intended to be retained are:

·           Water Management for Development Policy

·           Water Courses – Piping of Water Courses Policy – W30 (former Manly)

·           Geotechnical Risk Management Policy for Pittwater – No 178 (former Pittwater)

·           Watercourse Preservation Policy – No 67 (former Pittwater)

·           Protection of Waterways and Riparian Land Policy – PL740 (former Warringah)

Consultation

Council encourages involvement by the community in developing and reviewing its policies, however public exhibition for the purpose of retaining these policies is not considered necessary as these policies are already in place.

Timing

The policies the subject of this report are proposed to be retained as current until Northern Beaches Council adopts the new LEP and DCP.

Financial Considerations

The recommendations of this report pose no financial impact on Council.

Governance and Risk Considerations

Retaining the existing policies will assist Council in discharging its obligations under existing controls which in turn reduces the risk of adverse outcomes.

Environmental Considerations

The proposed actions in this report will result in a beneficial environmental outcome by continuing to ensure appropriate controls are applied.

Social Considerations

Policies are an important tool for Council to communicate its strategic direction to the community and provide a consistent approach. The recommendations in this report maintain social outcomes for the community by continuing to provide appropriate environmental protections for development until the LEP and DCP are adopted.

Link to Strategy

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

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

·        Environmental sustainability - Goal 5 Our built environment is developed in line with best practice sustainability principles.

 

Reporting team

Environment & Resilience

TRIM file ref

2025/293619

Attachments

1    Water Management for Development Policy (Included In Attachments Booklet)

2    Water Courses - Piping of Water Courses Policy – W30 (former Manly) (Included In Attachments Booklet)

3    Geotechnical Risk Management Policy for Pittwater – No 178 (former Pittwater) (Included In Attachments Booklet)

4    Watercourse Preservation Policy – No 67 (former Pittwater) (Included In Attachments Booklet)

5    Protection of Waterways and Riparian Land Policy – PL740 (former Warringah) (Included In Attachments Booklet)

 

 


Item 12.1 Northern Beaches Council MEETING - 20 May 2025

12.0    Planning and Place Division Reports

 

ITEM 12.1

Fire & Rescue NSW Inspection Report - Sturdee Parade, Dee Why

 

Purpose

The purpose of this report is to table a report from Fire and Rescue NSW (FRNSW) following an inspection by the fire brigade at Sturdee Parade, Dee Why and recommend that Council does not issue a Development Control Order (Fire Safety Order No.1) under the provisions of the Environmental Planning and Assessment Act 1979 as the non-compliances identified at the time have since been addressed.

Executive Summary

·        FRNSW has powers under section 9.32 of the Environmental Planning and Assessment Act 1979 (EP&A Act) to carry out inspections of buildings, and is required to forward its findings and recommendations to Council.

·        Council must table any reports and recommendations at a meeting of Council to determine whether it will exercise its powers to give a Fire Safety Order and must give notice of Council’s determination to FRNSW.

·        Council’s Fire Safety officer investigated the matters raised by FRNSW in relation to the property at Sturdee Parade, Dee Why.

·        This investigation led to the issue of a Notice of Intention to give a Development Control Order (Fire Safety Order No.1) on 7 January 2025. A follow-up inspection of the premises on 20 March 2025 confirmed that the non-compliances have been addressed, and it is recommended that a Fire Safety Order is no longer required to be not issued.

RECOMMENDATION

That Council note the report.

 


 

Background

Council received an inspection report from Fire & Rescue NSW (FRNSW) on 17 December 2024 in relation to a property known as Sturdee Parade, Dee Why as shown in Attachment 1 of this Report.

Part 8 of Schedule 5, clause 17 (2), (3) and (4) of the Environmental Planning and Assessment Act 1979 (EP&A Act) requires Council to table such reports and any recommendations made to a meeting of Council. Council is to determine whether to issue a Fire Safety Order pursuant to section 9.34 and part 2, Schedule 5 of the EP&A Act.

FRNSW carried out an inspection on 8 October 2024 which identified fire safety concerns which may necessitate Council to exercise its discretion in order to address the items observed at the time of the FRNSW inspection.

The FRNSW report found the following items of concern were identified during their inspection:

1.       Essential Fire Safety Measures

a.         1A.     The Automatic Fire Detection and Alarm System and Building Occupant Warning System:

b.         A.       The Fire Brigade Panel (FBP) was displaying:

c.          i.        One (x1) ‘Alarm’ and ‘Isolation’ identified as “Zone 10 - Sprinkler Pressure Drop Switch”.

d.         ii.       Three (x3) ‘Faults” identified as:

e.         o “Zone 3 – B1 Supply Air Duct”.

f.           o “Warning System Output”.

g.         o “Zone 6 – Unit 602 Heat”.

h.         B.       The Evacuation Control was displaying “Fault”.

i.      C.      Maintenance Records - The latest entry in maintenance logbook dated 11 September 2024, noted the following ‘Comments/Rectifications’ which dated back a number of months:

j.           i.        ‘Multiple faults indicated on panel’.

k.          The same comments were noted in the maintenance logbook dating back many months without rectification.

l.           The Strata Manager was advised of issues identified above in items 1.1A.(A)-(C) and below in item 1.1C.(B), following the inspection.

FRNSW received updates from the Strata Manager on 9th October, 29th October, 11th November and the 20th November 2024. The correspondence from the Strata Manager on 20th November 2024, confirmed that all the issues had since been rectified.

A copy of the invoice from the Fire Contractor wase provided with the correspondence to demonstrate such. Notwithstanding this, it would be at Council’s discretion as the appropriate regulatory authority, to determine whether further investigation is required in this instance.

1B.    The Fire Hydrant System:

A.      The fire brigade booster assembly:

i.        The booster assembly appears to be connected ‘in series’ with the fixed on-site fire pump in accordance with the requirements of Clause 7.6 of AS 2419.1-2005. In this regard, a 150mm diameter liquid filled pressure gauge is provided at the booster assembly indicating the pressure at the pump discharge pipe/manifold, however, an engraved warning sign is not provided, contrary to the requirements of Clause 7.6(c) of AS 2419.1-2005.

1C.    Automatic Fire Suppression System - The annual fire safety statement on display listed the standard of performance for the sprinkler system as being AS 2118.1-1999. As such, the following comments are provided having regard to AS 2118.1-1999:

A.      The sprinkler booster assembly:

i. A sign marked with the maximum allowable inlet pressure at the connection was not provided at the booster assembly, contrary to the requirements of Clause 4.4.3 of AS 2118.1–1999.

ii. A plan of risk (block plan) of the sprinkler system was not provided at the booster assembly, contrary to the requirements of Clause 8.3 of AS 2118.1-1999.

B.      Maintenance Records - The latest entry in maintenance logbook for the sprinkler system dated 11 September 2024, noted the following ‘Critical Defect’:

i. ‘SAV Pressure Switch not operating’.

The same issue was identified in the maintenance logbook dating back many months without rectification.

m.        1D.     Fire Doors:

A.      Backfilling of frame cavities - It appears that multiple fire door frame cavities have not been backfilled with grout/mortar, contrary to the requirements of Clause 5.3 & 5.4 of AS 1905.1-2005. In this regard, multiple fire doors to the fire-isolated exits appeared hollow. Furthermore, the gap between the door frame and the adjoining wall junctions did not appear to be adequately fire sealed.

n.  FRNSW is therefore of the opinion that the fire safety provisions prescribed for the purposes of 9.32(1)(b) of the EP&A Act, have not been complied with.

o.  ADDITIONAL COMMENTS

In addition to the items identified above, relating to the Fire Safety Provisions prescribed by Clause 112 of the EPAR 2021, the following items were also identified as concerns at the time of the inspection and it would be at council’s discretion as the appropriate regulatory authority to conduct its own investigation and consider the most appropriate action.

2.       Generally:

p.         2A.     Discharge from exits:

A.      Barriers - Suitable barriers (i.e. a bollard) were not provided to the exits on the basement levels, to prevent vehicles from blocking the exit, or access to it, contrary to the requirements of Clause D2D15(1) of the NCC.

q.         2B.     Services and Equipment:

A.      Exit signs and directional exit signs - It was evident that there were areas/parts within the carpark level, where the direction to the required exits was not readily apparent. In some instances, exit signs and directional exit signs were obstructed and were not clearly visible from all parts, contrary to the requirements of Clause E4D5 and NSW E4D6 of the NCC.

r.   RECOMMENDATIONS

s.   FRNSW recommends that Council:

t.      a.       Inspect and address item no. 1 of this report.

u.     b.                Give consideration to the other deficiencies identified on ‘the premises’ identified in item no. 2 of this report.

FRNSW was therefore of the opinion that there were inadequate provisions for fire safety within the building and recommended that Council inspect the building to address the concerns identified above.

Discussion

Council staff inspected the properties on 19 December 2024 and concurred with the opinion of FRNSW that the fire safety provisions were inadequate for the building.

Council issued a Notice of intention to give a Development Control Order (Fire Safety Order No.1) on 7 January 2025, as shown in Attachment 2.

Council received representations on behalf of the building owners advising that the non-compliances identified by FRNSW have been rectified. A further inspection was undertaken on 23 March 2025 by Council staff that confirmed the non-compliances found in the FRNSW report had been addressed and satisfied.

Accordingly, a Fire Safety Order No. 1 is not recommended to be issued.

Financial Considerations

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

Governance and Risk Considerations

Reports received from FRNSW following inspections under section 9.32 of the EP&A Act are required to be tabled at a Council meeting, and the Council is required to determine, following the tabling of a report, whether to exercise its powers to give a Fire Safety Order under the Act.

With respect to risks, issuing of a Fire Safety Order is in consideration of circumstances where provision for fire safety is inadequate to prevent fire, and where the lack of maintenance of premises or the use of premises constitutes a significant fire hazard.

Environmental Considerations

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

Social Considerations

The recommendations in this report maintain social outcomes for the community through ensuring adequate fire safety measures are provided within buildings.

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

Environmental Compliance

TRIM file ref

2025/018611

Attachments

1    Fire & Rescue NSW Inspection Report dated 13 December 2024 - Sturdee Parade Dee Why (Included In Attachments Booklet)

2    Notice of Intention to give an Order dated 7 January 2025 - Sturdee Parade Dee Why (Included In Attachments Booklet)

 

 


Item 12.2 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 12.2

Fire & Rescue NSW Inspection Report - Pacific Parade Dee Why

 

Purpose

The purpose of this report is to table a report from Fire and Rescue NSW (FRNSW) following an inspection by the fire brigade at Pacific Parade, Dee Why, and recommend that Council not issue a Development Control Order (Fire Safety Order No.1) under the provisions of the Environmental Planning and Assessment Act 1979 as the non-compliances at the time have since been addressed.

Executive Summary

·        FRNSW has powers under section 9.32 of the Environmental Planning and Assessment Act 1979 (EP&A Act) to carry out inspections of buildings, and is required to forward its findings and recommendations to Council.

·        Council must table any reports and recommendations at a meeting of Council to determine whether it will exercise its powers to give a Fire Safety Order, and must give notice of Council’s determination to FRNSW.

·        Council’s Fire Safety officer investigated the matters raised by FRNSW in relation to the property at Pacific Parade, Dee Why.

·        This investigation led to the issue of a Notice of Intention to give a Development Control Order (Fire Safety Order No.1) on 9 January 2025. A follow-up inspection of the premises on 20 March 2025 confirmed that the non-compliances have been addressed and it is recommended that a Fire Safety Order is no longer required to be not issued.

RECOMMENDATION

That Council note the report.

 


 

Background

Council received an inspection report from Fire & Rescue NSW (FRNSW) dated 20 December 2024 in relation to a property known as Pacific Parade, Dee Why as shown in Attachment 1 of this Report.

Part 8 of Schedule 5, clause 17 (2), (3) and (4) of the Environmental Planning and Assessment Act 1979 (EP&A Act) requires Council to table such reports and any recommendations made to a meeting of Council. Council is to determine whether to issue a Fire Safety Order pursuant to section 9.34 and part 2, Schedule 5 of the EP&A Act.

FRNSW carried out an inspection on 24 February 2022 and 25 October 2024, which identified fire safety concerns which may necessitate Council to exercise its discretion in order to address the items observed at the time of the FRNSW inspection.

The FRNSW report found the following items of concern during their inspection:

1.       Essential Fire Safety Measures

1A.    Automatic Fire Detection and Alarm System:

A.      At the time of the inspection there were no system faults or other issues observed, and the system appeared normal operation.

1B.    Automatic Fire Suppression System:

A.      Sprinkler Block Plan – A permanent sprinkler block plan was not installed adjacent to the sprinkler booster or alarm control valves, in accordance with the requirements of Clause 8.3 of AS 2118.1-1999. The block plans provided were temporary being paper laminated.

B.      There were no system faults or other issues observed with the sprinkler system.

1C.              Fire Hydrant System:

A.      Fire Hydrant Block Plan – A permanent block plan was not installed at the hydrant booster assembly in accordance with the requirements of Clause 7.11 of AS 2419.1-2005. The block plan provided was temporary being paper laminated.

B.      There were no system faults or other issues observed with the fire hydrant system, including the booster assembly and the pumpset.

1D.    Exit Signs, Emergency Lighting, Fire Hose Reels and Portable Fire Extinguishers:

A.      At the time of the inspection there were no issues observed.

1E.    Annual Fire Safety Statement (AFSS):

A.      A copy of the current AFSS was not prominently displayed within the building in accordance with Clause 89 of the EPAR 2021.

FRNSW is therefore of the opinion that the fire safety provisions prescribed for the purposes of 9.32(1)(b) of the EP&A Act, have not been complied with.

ADDITIONAL COMMENTS

In addition to the items identified above, relating to the Fire Safety Provisions prescribed by Clause 112 of the EPAR 2021, the following items were also identified as concerns at the time of the inspection and it would be at council’s discretion as the appropriate regulatory authority to conduct its own investigation and consider the most appropriate action.

2.       Generally:

2A.    Access and egress

A.      Installations in exits and paths of travel – The electrical cupboards located on the ground floor, in the path of travel leading to a required exit, was not enclosed by non-combustible construction or a fire protective covering with doorways suitably sealed against smoke spreading from the enclosure, contrary to the requirements of Clause D3D8 of the NCC.

B.      Separation of rising and descending stair flights – The 2x fire isolated stairways serving the premises are both directly connected between the ground floor and the basement, without any non-combustible and smoke proof separation, contrary to the requirements of Clause D3D5 of the NCC.

RECOMMENDATIONS

FRNSW recommends that Council:

a. Inspect and address item no. 1 of this report.

b. Give consideration to the other deficiencies identified on ‘the premises’ identified in item no. 2 of this report.

FRNSW was therefore of the opinion that there were inadequate provisions for fire safety within the building and recommended that Council inspect the building to address the concerns identified above.

Discussion

Council staff inspected the premises on 7 January 2025 and concurred with the opinion of FRNSW that the fire safety provisions were inadequate for the building.

Council issued a Notice of intention to give a Development Control Order (Fire Safety Order No.1) on 9 January 2025, as shown in Attachment 2.

Council received representations on behalf of the building owner advising that the non-compliances identified by FRNSW have been partially rectified. A further inspection was undertaken by Council on 23 March 2025 which confirmed that the non-compliances found in the FRNSW report have been partially addressed. A subsequent inspection undertaken on 9 April 2025 confirmed that the remaining non-compliances had been addressed and all matters identified in FRNSW the report have been satisfied.

Accordingly, a Fire Safety Order No. 1 is not recommended to be issued.

Financial Considerations

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

Governance and Risk Considerations

Reports received from FRNSW following inspections under section 9.32 of the EP&A Act are required to be tabled at a Council meeting, and the Council is required to determine, following the tabling of a report, whether to exercise its powers to give a Fire Safety Order under the Act.

With respect to risks, issuing of a Fire Safety Order is in consideration of circumstances where provision for fire safety is inadequate to prevent fire, and where the lack of maintenance of premises or the use of premises constitutes a significant fire hazard.

Environmental Considerations

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

Social Considerations

The recommendations in this report maintain social outcomes for the community through ensuring adequate fire safety measures are provided within buildings.

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

Environmental Compliance

TRIM file ref

2025/018651

Attachments

1    Fire & Rescue NSW Inspection Report dated 20 December 2024 - Pacific Parade Dee Why (Included In Attachments Booklet)

2    Notice of Intention to give an Order dated 9 January 2025 - Pacific Parade Dee Why (Included In Attachments Booklet)

 

 


Item 12.3 Northern Beaches Council MEETING - 20 May 2025

 

 

ITEM 12.3

Development Control Plans Amendment - Low and Mid-Rise Housing

 

Purpose

The purpose of this report is to seek Council’s endorsement to publicly exhibit proposed amendments to the Manly, Warringah and Pittwater Development Control Plans in response to the NSW Government’s Low and Mid-Rise Housing Reforms.

Executive Summary

·        The NSW Government has introduced Low and Mid-Rise Housing Reforms (LMR Reforms) to increase the choice of housing available across NSW.

·        There will be significant change to the built form and character of large parts of the Northern Beaches as the LMR Reforms introduce housing types that were either not allowed under council’s local planning controls, and/or are of a scale and density that were not permissible.

·        A key aspect of the NSW Government’s policy is the introduction of ‘non-discretionary’, or non-refusal development standards that over-ride Northern Beaches’ local planning controls, although all other provisions in Council’s local environmental plans (LEPs) and development control plans (DCPs) continue to apply in the merit assessment of development applications now permitted by the LMR Reforms.

·        It is proposed to amend the Manly, Warringah and Pittwater DCPs to ensure detailed development controls are in place to guide the preparation and assessment of development applications for low and mid rise housing types now permitted by the LMR Reforms.

·        The draft DCP controls have been informed by best practice planning controls developed as part of the draft Northern Beaches DCP, and relate to issues such as the bulk and scale of development, landscaping, amenity impacts on neighbouring properties, vehicle access and development in heritage conservation areas.

·        If adopted, the new DCP controls will be incorporated into the consolidated Northern Beaches Development Control Plan when it comes into force, alongside the draft Northern Beaches Local Environmental Plan.

RECOMMENDATION

That Council:

1.       Endorse the proposed amendments to Manly, Warringah and Pittwater Development Control Plans outlined in this report.

2.       Endorse the public exhibition of the draft amendments to the Manly, Warringah and Pittwater Development Control Plans.

3.       Note the outcomes of the public exhibition be reported to Council.

 


 

Background

Overview of the Low and Mid-Rise Housing Reforms

In August 2023, the National Cabinet endorsed a national target to build 1.2 million well-located homes over the next 5 years. The NSW Government committed to delivering 377,000 new homes by 2029, with each local government area receiving revised 5-year housing targets. Northern Beaches’ housing target increased from 3,400 to 5,900 completed homes by June 2029.

The NSW housing target also informed the NSW Government’s package of housing reforms, which includes the Low and Mid-Rise Housing Reforms (LMR Reforms) that have been delivered in 2 stages:

·        Stage 1 started on 1 July 2024. It permits dual occupancies and semi-detached dwellings in all R2 Low Density Residential zones across NSW.

·        Stage 2 started on 28 February 2025. It permits dual occupancies, multi-dwelling housing (attached dwellings, townhouses and terraces), residential flat buildings and shop-top housing on residential zoned land within 800 metres walking distance of 171 town centres and train/light rail stations across Greater Sydney, the Hunter, Central Coast, and Illawarra-Shoalhaven regions.

A key aspect of the LMR Reforms is the introduction of non-discretionary (or non-refusal) standards, such as building heights, floor space ratios and lot size and widths, which are the same across each of the 171 centres where the reforms apply. The non-refusal standards override each councils’ local planning controls, which means a council would not be able to refuse a development application on the basis of its compliance with the relevant development standard introduced through the LMR Reforms.

The LMR Reforms are legislated in Chapter 6 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

All other existing provisions in councils’ local environmental plans (LEPs) and development control plans (DCPs) continue to be relevant matters for consideration in the merit assessment of development applications. It is a matter for each council to review their local planning controls in response to the LMR Reforms.

Implications for the Northern Beaches

Stage 1 of the LMR Reforms allow dual occupancies and semi-detached dwellings to be permissible with consent for all land zoned R2 under Warringah LEP 2011.

On 10 December 2024, Council resolved to advise the Department of Planning, Housing and Infrastructure (DPHI) to establish development controls for dual occupancy development in the R2 zone in the former Warringah LGA that are consistent with the controls proposed in the draft Northern Beaches Local Environmental Plan. If adopted, these controls would apply to 5,174 lots in the former Warringah LGA. Council is awaiting the DPHI’s response.

The Stage 2 LMR Reforms apply to all residential zoned land within 800m walking distance of the following 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

Stage 2 of the LMR Reforms apply to over 11,000 lots on the Northern Beaches and have effectively rezoned thousands of properties. For example:

·        residential flat buildings and shop-top housing up to 22-24m (6 storeys) are now permitted in R3 zones within 400m of each town centre;

·        residential flat buildings up to 17.5m (4 storeys) are now permitted in R3 zones between 400-800 from each town centre

·        residential flat buildings, multi-dwelling housing (attached dwellings, townhouses and terraces) and dual occupancies up to height 9.5m (2-3 storeys) are now permitted in the R1 General Residential and R2 Low Density Residential zones within 800m from each town centre.

Further, whilst local heritage items are excluded from the LMR Reforms, the reforms apply in heritage conservation areas (HCAs). Of the 18 HCAs across the Northern Beaches, there are two HCAs located in one of the nine nominated town centres impacted by the Stage 2 LMR Reforms; being the Pittwater Road and Town Centre Heritage Conservation Areas in Manly.

There will be significant change to the built form and character of large parts of the Northern Beaches, including the 2 HCAs in Manly, given the Stage 2 LMR Reforms introduce housing types that were either not allowed under council’s local environmental plans, and/or are of a scale and density that were not permissible.

Accordingly, it is proposed to amend Council’s existing DCPs to ensure detailed development controls are in place to guide the preparation and assessment of development applications for proposed developments that can now be carried out due to the LMR Reforms.

Discussion

Proposed Amendments to Manly, Warringah and Pittwater DCPs

It is proposed to introduce new local planning controls into the Manly, Warringah and Pittwater Development Control Plans (DCPs) as follows:

·        New Clause 5.7 in Manly DCP 2013

·        New Part G10 in Warringah DCP 2011

·        New Section C7 in Pittwater 21 DCP

The proposed DCP controls would strengthen supporting planning controls relating to site layout, building setbacks, building design, landscaping, vehicle access, amenity impacts on neighbouring properties, and for development in heritage conservation areas in areas the LMR Reforms apply.

Whilst the Manly, Warringah and Pittwater DCPs are each different in their structure and range of existing controls, the proposed DCP amendments have been informed by best practice planning controls prepared as part of the draft Northern Beaches DCP and have been drafted to complement the existing controls in each of the DCPs and their respective LEPs. The proposed amendments are outlined in Attachment 1.

If adopted, the new DCP controls will be incorporated in the consolidated Northern Beaches Development Control Plan when it comes into force, alongside the draft Northern Beaches Local Environmental Plan.

Proposed Amendments to Manly DCP 2013

The proposed amendments to Manly DCP introduce a new Clause 5.7 Low and Mid-Rise Housing Areas. The new clause would apply to land zoned R1, R2 and R3 within 800m walking distance of the Manly Town Centre and Balgowlah Stockland Shopping Centres, as defined by the LMR Reforms.

The new clause comprises 3 sections. The first section contains planning controls for dual occupancies and semi-detached dwellings, addressing site layout, setbacks and height (number of storeys), building and landscape design - particularly tree planting and deep soil areas, parking design and vehicle access.

The second section contains planning controls for attached dwellings, multi-dwelling housing, residential flat buildings and shop top housing, addressing a similar range of matters, including specific controls that help ensure the internal amenity of these dwelling types.

Manly Heritage Conservation Areas

The third section contains planning controls for the residential zoned land in the Pittwater Road and Manly Town Centre Heritage Conservation Areas where the LMR Reforms apply.   

A Heritage Conservation Area (HCA) is defined as an area recognised and valued for its special historical and aesthetic character including buildings, streetscapes, landscapes and landscape features such as fences, gardens and trees, that are protected to preserve their heritage significance and distinct identity. HCAs protect not just single homes but the whole area collectively from inappropriate development.

Manly DCP contains minimal controls to ensure the cultural significance and integrity of the HCA is protected. Additional development controls are proposed relating to works such as demolition, infill development, and subdivision and amalgamation to ensure new development under the LMR Reforms complements and respects the significance of the HCA in relation to form, design and scale and protects the significant heritage character and unique streetscape of these important areas.

The Pittwater Road HCA, shown in Figure 1 below, is predominately low scale and characterised by one and two storey buildings, while the residential section of the Town Centre HCA, delineated in purple in Figure 2 below, comprises generally smaller scale residential development interspersed with small residential flat buildings.

As the LMR Reforms permit a broader range of residential land uses, in association with increased maximum building heights, it is important that the Manly DCP controls are strengthened to provide an adequate framework and guidelines for new infill development within HCAs to ensure appropriate consideration is given to the heritage significance, unique historic character and setting, to ensure they are retained and protected.

The Manly DCP amendment will also incorporate additional information on each HCA such as Character Statements. The Character Statement outlines key characteristics and elements that make each HCA significant.

 

Figure 1 – Extent of Pittwater Road Conservation Area and listed heritage items. (Source: MLEP 2013, with GML overlay)

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Figure 2 – Manly Town Centre Conservation Area, listed heritage items and extent of residential zoned land circled in thick black line. (Source: MLEP 2013, with GML overlay)

Proposed Amendments to Warringah DCP 2011

The proposed amendments to Warringah DCP introduce a new part G10 Low and Mid-Rise Housing Areas. It is comprised of two parts.

Part G10.1 applies to all land zoned R2 and R3 in Warringah LEP 2011, except for land in the Frenchs Forest Town centre to which part G9 of the Warringah DCP applies*. It contains planning controls for dual occupancies and semi-detached dwellings addressing site layout, setbacks and height (no. storeys), building and landscape design, and parking design and vehicle access. These controls directly respond to the introduction of dual occupancy development in the R2 zone that is permitted by the LMR Reforms.

Part G10.2 applies to all land zoned R2 and R3 within 800m walking distance of the following nominated town centres defined by the LMR Reforms: Dee Why, Forestville, Forestway Shopping Centre, Frenchs Forest Precinct (Warringah Road), Manly Vale and Warringah Mall - except for land in the Frenchs Forest Town centre to which part G9 of the Warringah DCP applies*. It contains planning controls for attached dwellings, multi-dwelling housing and residential flat buildings addressing site layout and subdivision, setbacks and height (no. storeys), building and landscape design, and parking design and vehicle access.

*Controls in Part G9 of the Warringah DCP for the Frenchs Forest Town centre will continue to apply unchanged. This is because the controls are adequate for the range and scale of medium density development permitted in this area, having been a recent inclusion in the WDCP as part of the Frenchs Forest Precinct rezoning.

Proposed Amendments to Pittwater 21 DCP

The proposed amendments to Pittwater DCP introduce new Section C7 Design Criteria for Low and Mid-Rise Housing Areas. It applies to land zoned R2 and R3 within 800m walking distance of the Mona Vale Town Centre, as defined by the LMR Reforms.

The new part is comprised of 2 sections. The first section contains planning controls for dual occupancies and semi-detached dwellings addressing site layout, setbacks and height (no. storeys), building and landscape design, and parking design and vehicle access.

The second section contains planning controls for attached dwellings, multi-dwelling housing and residential flat buildings addressing a similar range of matters.

Consultation

The proposed DCP amendments will be publicly exhibited pursuant to Part 2, Division 2.6 of the Environmental Planning and Assessment Act 1979, and  clause 13 of the Environmental Planning and Assessment Regulation 2021, and the Northern Beaches Community Participation Plan.

Public exhibition will be for a minimum of 28 days with notice published on Council’s website and submissions invited during this period.

Timing

The LMR Reforms are in force and have already led to development interest. Pre-lodgement meetings have been sought by developers with Council staff and development applications have been lodged for housing that is now permissible under the LMR Reforms.

Without specific DCP controls in place that relate specifically to the LMR Reforms, there would be inadequate local planning controls to guide the preparation and assessment of those DAs to promote high quality housing designs with suitable amenity. It is for this reason that amendments to the existing Manly, Warringah and Pittwater DCPs are proposed in advance of the commencement of the draft Northern Beaches DCP.

Financial Considerations

The recommendations of this report pose no financial impact on Council.

Governance and Risk Considerations

The proposed DCP amendments complement standards in the Housing SEPP Chapter 6 Low and Mid-Rise Housing, and are consistent with housing principles identified in Priority 15 of the Northern Beaches Local Strategic Planning Statement – Towards 2040 – including:

·        Ensure new buildings are high amenity and do not unreasonably impact on neighbouring properties and the public domain.

·        Ensure new housing is designed to complement local character, heritage and the environment.

If amendments are not made to Council’s DCPs, there is risk of poor design outcomes for development, adverse impacts on adjacent properties, and development that is not consistent with streetscape character, having long-term impacts within neighbourhoods.

Environmental Considerations

The proposed actions in this report support Council’s adopted Local Strategic Planning Statement – Towards 2040 - and will result in a beneficial environmental outcome by facilitating well-sited development, providing trees and vegetation with deep soil landscaped areas, and minimising site coverage.

Social Considerations

The recommendations in this report will have a positive social outcomes for the community through supporting a variety of housing types that enhance housing choice, while ensuring compatibility within neighbourhoods and good design outcomes for future occupants and adjoining residents.

Link to Strategy

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

·        Protection of the environment - Goal 3 Our community is well-supported in protecting and enhancing the environment to ensure safe and sustainable use.

·        Housing, places and spaces - Goal 10 Our community has access to diverse and affordable housing options to meet their current and evolving needs.

·        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.

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

 

Reporting team

Strategic & Place Planning

TRIM file ref

2025/257251

Attachments

1    Proposed Low and Mid-Rise Housing DCP Amendments - Manly DCP, Warringah DCP 2011 and Pittwater 21 DCP (Included In Attachments Booklet)

 

 


Item 12.4 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 12.4

Outcome of Public Exhibition of a Draft Planning Agreement - 16 Macpherson Street, Warriewood (VPA2023/0001)

 

Purpose

The purpose of this report is to present to Council the outcome of the public exhibition of a draft Planning Agreement for 16 Macpherson Street, Warriewood and to seek endorsement of the draft Planning Agreement and provide delegation to the Chief Executive Officer to execute the necessary documentation.

Executive Summary

·        At its meeting of 18 February 2025, Council considered an Offer to Enter into a Planning Agreement submitted to Council by the developer for 16 Macpherson Street, Warriewood and resolved to place the draft Planning Agreement on public exhibition.

·        The draft Planning Agreement, including Explanatory Note, and Offer to Enter into a Planning Agreement was placed on public exhibition between 13 March 2025 and 11 April 2025 (30 days inclusive).

·        Eight submissions were received during the public exhibition. Of the 8 submissions received, 5 supported the draft Planning Agreement, 2 did not support the offer, and one was neutral.

·        For ease of readability, minor administrative changes were made to the draft Planning Agreement following public exhibition.

RECOMMENDATION

That Council:

1.       Note the outcomes of the public exhibition of the draft Planning Agreement and that all submissions received have been considered.

2.       Enter into the Planning Agreement.

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

4.       Advise the submitters of Council’s decision regarding the Planning Agreement.

 


 

Background

A Planning Agreement is a legal arrangement made between a Developer/Landowner and Council to facilitate the delivery of a public benefit. Public benefits may include the dedication of land at no cost to Council, the payment of a monetary contribution and/or the provision of infrastructure works.

Planning Agreements are voluntary and initiated by the developer.

The legal and procedural framework for Planning Agreements is set out in Division 7.1 of Part 7 of the Environmental Planning and Assessment Act 1979 (the Act) and Division 1 of Part 9 of the Environmental Planning and Assessment Regulation 2021.

In June 2022, Council adopted its Planning Agreements Policy (Council’s Policy) and accompanying Guidelines to help guide developers on Council’s preferred approach to Planning Agreements. It identifies legal and procedural obligations to be satisfied by the developer, and details the criteria Council uses to assess an Offer to Enter into a Planning Agreement.

Council’s assessment of an Offer and progression of a Planning Agreement to execution is in accordance with legislative requirements, the Planning Agreements Practice Note (Department of Planning, Industry and Environment, February 2021) and Council’s Policy.

At its meeting of 18 February 2025, Council considered an Offer to Enter into a Planning Agreement submitted to Council by the developer for 16 Macpherson Street, Warriewood. At this meeting, Council was advised that Council’s Contributions Panel had reviewed the draft Planning Agreement and was satisfied with the stated obligations and the value of the infrastructure items.

At that meeting Council resolved (012/25):

That:

1.       Council place the draft Planning Agreement for 16 Macpherson Street, Warriewood and supporting documentation on public exhibition.

2.       The outcomes of the public exhibition be reported to Council.

The site

The subject site is 16 Macpherson Street, Warriewood (Lot 4 DP 553816). A dwelling and operations relevant to Foleys Nursery are currently on site.

The site is rectangular in shape and contains a section of Narrabeen Creek as its rear boundary. It is located to the north of the Macpherson Street-Brands Lane intersection, see Location Map.

The site is zoned R3 Medium Density Residential under the Pittwater Local Environmental Plan (LEP) 2014. The site is identified as Sector 303 on the Pittwater LEP Urban Release Area Map and in the Warriewood Valley Strategic Review Report.

 

Location map

 

Development Application (DA2023/0669)

On 31 May 2023, DA2023/0669 was lodged seeking consent to the demolition of the existing dwelling and nursery, construction of 28 dwellings, infrastructure, roadworks, tree removal, landscaping, community title subdivision, and the rehabilitation and dedication of the creek line corridor to Council.

The DA was the subject of an appeal in the Land and Environment Court (L&E Court) on a deemed refusal basis (DA not determined within 40 days). During the L&E Court proceedings, the Court was aware that Council had received an Offer to Enter into a Planning Agreement by the developer for 16 Macpherson Street, Warriewood.

On 28 November 2024, the L&E Court approved the DA by way of a Deferred Commencement Consent. The Deferred Commencement condition requires a Planning Agreement to be in place between Council and the developer before the consent can operate.

The deferred commencement condition reads as follows:

Under section 88(1)(c) of the EP&A Regulation, the consent authority must provide the terms of all conditions and reasons for imposing the conditions other than the conditions prescribed under section 4.17(11) of the EP&A Act. The terms of the conditions and reasons are set out below.

DEFERRED COMMENCEMENT CONDITIONS

1.       Planning Agreement

The developer shall enter into a “Planning Agreement” with Northern Beaches Council pursuant to section 7.4 of the Environmental Planning and Assessment Act 1979 to deliver work identified in the Warriewood Valley Contributions Plan and generally consistent with the developer’s amended offer dated 15 November 2024 and associated documents and plans.

The Offer includes the following items of “Contribution Works” as referenced in the Contributions Plan and in accordance with Council’s Voluntary Planning Agreement Policy, dedication of 1091m2 land to Council for nil consideration and at no cost to Council and free of all encumbrances:

a)      Item 23 (Pedestrian and Cycleway Schedule) Shared Path Brands Lane

b)      Item 2.62B (Multi-functional Creek Line Strategy) Rehabilitation works of Narrabeen Creek at Sector 303

c)      Clause 5.2.2 – Creek line corridor land dedication at Sector 303

The Executed Planning Agreement is to be registered on the title of the land before this condition is satisfied. Upon execution, there is to be provision of a bank guarantee or bond to the satisfaction of Council for the total value of the contribution works.

Note: Please be advised that no decision as to whether Council will enter a Planning Agreement has been made and there is no representation that such a decision will be made until the draft Planning Agreement has been exhibited, assessed and determined by Council in accordance with the Environmental Planning and Assessment Act 1979.

Evidence required to satisfy the deferred commencement condition/s must be submitted to Council within two (2) years of the date of this consent, or the consent will lapse in accordance with Section 76 of the Environmental Planning and Assessment Regulation 2021. This evidence is to be submitted along with a completed ‘Deferred Commencement Document Review Form’ (available on Council’s website) and the application fee, as per Council’s Schedule of Fees and Charges.

The Court’s consent also incorporates conditions relating to the design of the shared path, and water management and flooding including the design of creek line corridor rehabilitation works to contain the 1% AEP flood event.

Discussion

The exhibited draft Planning Agreement

The draft Planning Agreement was prepared by both parties and their legal representatives. It is noted that the developer has a caveat on the site as the developer is not yet the owner of the site. This legal mechanism is satsifactory for the purpose of progressing the Planning Agreement.

The draft Planning Agreement incorporates the following elements:

1.       Timing of the developer’s obligations including appropriate inspections by Council staff and the dedication to Council of the inner 25m creekline corridor land following rehabilitation work.

2.       Updated design drawings, submitted as part of the Development Application, for the construction of the shared path and creekline corridor rehabilitation works as well as the subdivision plan detailing the inner 25m creekline land dedication to Council.

3.       Agreed value of the infrastructure items (in Table 1) to be delivered by the developer for the purpose of offsetting the total contributions amount of $2,033,235.


 

Table 1: Agreed Value of Infrastructure

Infrastructure proposed to be delivered by Developer

Value (in 2024/25 dollars)

Construction of the shared path

$73,012

Creekline rehabilitation works

$158,900

Creekline land (inner 25m creekline corridor) of 1,091m2

$175,696

Total

$407,608

Total value (rounded)

$407,608

 

4.         Requirement to pay any applicable development contributions to Council, in this case the balance of cash contribution is $1,625,627 from the developer. This is consistent with condition 8 of the consent for DA2023/0669.

Council’s Contributions Panel has reviewed the draft Planning Agreement and is satisfied with the stated obligations and the value of the infrastructure items in the draft Agreement.

Minor administrative changes regarding clause numbering were made to the draft Planning Agreement following public exhibition. The version of the Planning Agreement for execution is at Attachment 1.

Consultation

The draft Planning Agreement, including Explanatory Note, and the Offer to Enter into a Planning Agreement was placed on public exhibition between 13 March 2025 and 11 April 2025 (30 days inclusive) in accordance with the Environmental Planning and Assessment Act 1979 and the Northern Beaches Community Participation Plan (Plan Making and Development Assessment).

The draft Planning Agreement was viewed on Council’s ‘Your Say’ webpage 631 times and it was included in the Community Engagement and Council’s e-newsletters to reach the broader community (with distribution lists of over 22,500 and 61,500 respectively).

Eight submissions were received during the public exhibition.

Of the 8 submissions received, 5 supported the draft Planning Agreement, 2 did not support the Planning Agreement, and one was neutral in sentiment.  Three of the 5 submissions that supported the draft Planning Agreement did not provide any specific comments.

One submission in support stated that the Planning Agreement would provide the missing link for Narrabeen Creek, including a shared path connecting to surrounding paths and necessary rehabilitation works in the creek.

The 2 submissions that did not support and the one that was neutral raised concerns regarding traffic and parking being exacerbated. These issues are unrelated to the draft Planning Agreement. Traffic and parking matters were assessed in the development application for the project.

A Community Engagement Summary Report has been prepared and included as Attachment 2 to this report.

Timing

If the Planning Agreement is entered into, Deferred Commencement Condition 1 of DA2023/0669 will be satisfied and the consent becomes operational.

The payment of development contributions is required prior to the issue of the construction certificate or subdivision certificate (whichever occurs first). Further, the Planning Agreement between the Applicant and Council must be finalised, formally signed and in place prior to the monetary payment.

The construction of the shared path along Brands Lane from Narrabeen Creek to Macpherson Street is required prior to the dedication of the creek line corridor land and the issue of any Occupation Certificate for DA2023/0669.

Financial Considerations

The recommendations of this report pose no negative financial impact to Council. The Planning Agreement facilitates the delivery of infrastructure by the Developer, rather than Council, ahead of Council’s delivery schedule. The value of the Works-In-Kind infrastructure totals $407,608 (in 2024/25 dollars)

All costs associated with the preparation and execution of this Planning Agreement will be borne by the developer.

Governance and Risk Considerations

The Offer has been considered by Council’s Contributions Panel to ensure that there is a public benefit arising from the Planning Agreement and to ensure Council’s risk and liabilities are minimised if the infrastructure is delivered by the developer and transferred into Council ownership.

Environmental Considerations

The proposed actions in this report will result in a beneficial environmental outcome by ensuring the rehabilitation of a section of Narrabeen Creek to facilitate conveyance of the 1% AEP flood event being contained within the creek and enhancing the biodiversity values of the riparian corridor.

Social Considerations

The recommendations in this report will have a positive social outcome for the Warriewood Valley community through identified infrastructure being delivered as Works-In-Kind infrastructure ahead of Council’s anticipated delivery in FY2029/30.

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.

·        Housing, places and spaces - Goal 10 Our community has access to diverse and affordable housing options to meet their current and evolving needs.

·        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

Strategic & Place Planning

TRIM file ref

2025/258562

Attachments

1    Planning Agreement for execution (Included In Attachments Booklet)

2    Community Engagement Summary Report (Included In Attachments Booklet)

 

 


Item 13.1 Northern Beaches Council MEETING - 20 May 2025

13.0    Transport and Assets Division Reports

 

ITEM 13.1

Provision of Public Electric Vehicle Charging Infrastructure

 

Purpose

The purpose of this report is to respond to Resolution No. 037/2025 relating to the provision of electric vehicle charging infrastructure.

Executive Summary

·        At it’s meeting of 18 February 2025 Council resolved (No. 037/2025) that a report be provided on the coverage gaps in access to electric vehicle (EV) chargers across the local government area, a process to competitively approach the market for the delivery of EV charging facilities with a view to identifying the operator/s able to deliver the most public benefit for these facilities, and options for consultation for all future applications and placement of EV chargers.

·        Council has an existing Northern Beaches Electric Vehicle Charging Infrastructure Plan (the Plan) which provides a framework for managing both Council-installed and third party provided infrastructure in the public domain.

·        Advice from NSW Department of Climate Change, Energy, the Environment and Water using CSIRO “medium” EV uptake projections notes a significant need for both public and private EV charging infrastructure on the Northern Beaches.

·        The Plan allows two pathways for private EV companies to engage with Council, being either via a direct request or via an Expression of Interest (EOI) open market process.

·        It is proposed to run an EOI process where operators would be asked to outline their proposed business model, including revenue model options, and to demonstrate how they can deliver a public benefit to Council and the community while taking into account appropriate financial considerations.

·        The consultation for all future applications and placement of chargers would continue to include key stakeholders such as community groups, utility companies, car manufacturers and local businesses as well as residents and visitors.

 

RECOMMENDATION

That:

1.       Council notes the predicted level of EV charging infrastructure demand based on CSIRO projections.

2.       Council supports the progression of an open market Expression of Interest process for EV chargers on Council land.

3.       A review be undertaken of the Northern Beaches Electric Vehicle Charging Infrastructure Plan.

4.       A report on both the outcome of the Expression of Interest and the review of the Northern Beaches Electric Vehicle Charging Infrastructure Plan be presented to Council.

 

 

Background

The Council adopted the Northern Beaches Electric Vehicle Charging Infrastructure Plan (the Plan) at the August 2021 Ordinary Council meeting (Resolution 237/21), providing a framework for managing both Council-installed and third party provided infrastructure in the public domain.

Electric vehicles (EV) are continuing to increase in numbers across the community and as their prevalence increases, they have the potential to transform the global market for passenger and freight vehicles. Technology is advancing rapidly, allowing a wide range of charging options to be provided for customers seeking to charge their vehicles in a range of locations.

A report was brought to Council on 18 February 2025, which requested that Council endorses four locations for installation of EV chargers, subject to approval by the Local Traffic Committee, on the condition that no advertising panels were included. The proposed locations were in Forestville, Brookvale, Manly and Narraweena.

Council deferred consideration of this matter and resolved (037/2025)

That Council provides a report within 3 months on:

1.       The coverage gaps in access to EV chargers across the local government area.

2.       A process to competitively approach the market for the delivery of EV charging facilities, with a view to identifying the operator/s able to deliver the most public benefit for these facilities.

3.       Staff consideration of options for consultation for all future applications and placement of EV chargers.

DISCUSSION

The coverage gaps in access to EV chargers across the local government area

The coverage gaps in access to EV chargers can be estimated based on what the future EV demand is for the Northern Beaches, where chargers are currently located, and the criteria for charging infrastructure provision outlined in the Plan.

The NSW Electric Vehicle Fast Charging Infrastructure Masterplan has been developed by the NSW Department of Planning, Industry, and Environment (DPIE), in collaboration with zero emissions transport specialist advisory EV Energi.

The Masterplan guides the development of future electric vehicle fast charging infrastructure through the identification of optimal zones across NSW. The zones are determined based on criteria such as traffic volumes, proximity to amenities and proximity to grid infrastructure.

The Masterplan helps policy makers, charging infrastructure providers, energy utilities and tourism operators understand the charging demand and plan the best possible outcomes for EV drivers in NSW. This is expected to then drive greater development of EV infrastructure in the long term.

The Masterplan’s objectives are to:

·        Act as a source of information on all existing and planned fast charging infrastructure (50kW and above) in NSW

·        Identify optimal zones for development of fast charging infrastructure (50kW and above) in NSW based on technical, social and economic considerations

·        Consider both geographic and commercial equity in the identification of charging infrastructure zones across NSW.

The data used in developing the Master Plan, and the online tool, was collected from different independent and government agencies such as the Australian Bureau of Statistics, Roads and Waterways and Destination NSW, NRMA, Evie Networks, Chargefox, Jolt and EVup.

According to the NSW Electric Vehicle Fast Charging Infrastructure Masterplan, the highest future charging demand will be around Dee Why, Cromer, Brookvale, Mona Vale, Frenchs Forest, Narrabeen and Belrose, as illustrated on the map below.

Council’s MOVE Transport Strategy sets a target of a 30% reduction in vehicle emissions by 2038, and Council’s Climate Change Action Plan has a range of actions for delivering this outcome including Action 10.4 – ‘Facilitating and/or providing public electric vehicle charging infrastructure at key locations’. The MOVE Strategy outlines the following:

·        Electric vehicles will dominate the roads in 2038 and charging of these vehicles will mostly occur at home but charging facilities will also be needed for those living in apartment buildings which do not have access to charging facilities.

·        Focus local development controls on supporting public transport and active travel implementation in new developments, including supporting the introduction of new technologies and infrastructure for electric vehicles.

·        Technology will improve the efficiency of parking for all drivers. This includes providing infrastructure, to on and off street parking to support more fuel efficient vehicles and electric vehicles.

·        Provide on-street and off-street dedicated parking for shared mobility providers, cycling, motorcycles and charging stations for electric vehicles.

The future (2031) charger demand on the Northern Beaches, based on EV Energi (2025) is illustrated below.

A number of plugs on a white background

AI-generated content may be incorrect. A map of the ocean

AI-generated content may be incorrect.

EV Uptake Forecasts

EV registrations in the Northern Beaches grew 56% from Jan 2023–24 and a further 83% from Jan 2024–25.  NSW Department of Climate Change, Energy, the Environment and Water advice using CSIRO “medium” uptake projections (below) forecast 33,559 EVs in the LGA by 2030 – a trajectory already being exceeded, with 4,173 EVs recorded as of March 2025.

·        2025: 2,751 EVs

·        2026: 5,928 EVs

·        2027: 10,507 EVs

·        2028: 16,628 EVs

·        2029: 24,306 EVs

·        2030: 33,559 EVs

A graph of a number of projections

AI-generated content may be incorrect.

 

Although most EV owners prefer to charge at home, residents in terraces, apartments and rentals are not able to do this and need to rely on parking charging facilities. Kerbside charge ports are therefore the most convenient and cost-effective charging options for these residents.

Based on the anticipated charging demand, and the Northern Beaches LGA’s community data, it has been estimated by CSIRO the following mix of public chargers are required on the Northern Beaches by 2030.

·        Level 2 – (7kW+ AC): 973 ports.

·        Level 3 – (50kW+ DC): 112 ports.

·        Level 3 – (150kW+ DC): 14 ports.

Definition of Charger Levels

Level 1

·           Alternating current (AC) slow charging ranging from 1.4kW to 3.7W AC charging capability.

·           The same as plugging into a regular power point at home or work.

·           10 to 20 km range added after being plugged in for an hour.

·           Charging is usually performed overnight or for a few overs during the day to recharge the vehicle by 100-200km.

Level 2

·        Alternating current (AC) charge ranges from 7kW to 22kW.

·        A dedicated charger with its own plug or socket. Level 2 chargers are much faster than level 1 chargers.

·        Typically adds 30 to 130km of range per hour, depending on each individual car configuration.

Level 3

·        Direct current (DC) fast charging. The fastest charging option, offering 25 kW to 350 kW DC fast charging capability.

·        This level charger can add 150 to 300km range per hour, with some vehicles being able to be fully charged in 10 to 15 minutes.

Existing Infrastructure Provision

The existing public chargers on Council land in the Northern Beaches LGA are a mix of a total of 18 Level 2 AC and Level 3 DC chargers, as outlined in the table below. These exclude chargers located on private land, such as shopping malls and in-house charging points.

Suburb

Location

Operator

Number of chargers

Charger type

Palm Beach

Pittwater Park South car park

JOLT

1

Level 3 DC

Newport

Dearin Reserve

Exploren

1

Level 2 AC

Mona Vale

 

Bungan Street

Village Park car park

JOLT

JOLT

1

1

Level 3 DC

Level 3 DC

Terrey Hills

Yulong Avenue

Exploren

1

Level 2 AC

Narrabeen

Lagoon Street

Ocean Street

Berry Reserve car park

JOLT

JOLT

JOLT

1

1

1

Level 3 DC

Level 3 DC

Level 3 DC

Collaroy

Anzac Avenue

Collaroy Beach

Exploren

JOLT

1

1

Level 2 AC

Level 3 DC

Frenchs Forest

Blackbutts Road

Exploren

1

Level 2 AC

Forestville

Darley Street

JOLT

1

Level 3 DC

Allambie Heights

Allambie Road

Exploren

1

Level 2 AC

Dee Why

Oaks Avenue

Civic car park

JOLT

JOLT

1

1

Level 3 DC

Level 3 DC

Brookvale

Winbourne Road

JOLT

1

Level 3 DC

Freshwater

Dowling Street

JOLT

1

Level 3 DC

Manly

West Promenade

Ashburner Street

Exploren

Exploren

1

1

Level 2 AC

Level 2 AC

 

In addition to the Council approved chargers, several fast chargers (with capacity of above 50kw) and destination chargers (with capacity of below 50kW) are located at commercial areas such as shopping malls across the Northern Beaches. At present this is a total of 24 commercial fast charger plugs (at 12 different stations) and 44 commercial destination charger plugs (at 42 different stations) are currently provided across the Northern Beaches.

Public consultation was undertaken in July and August 2022 and gives an indication as to where the community thinks that chargers are needed across the Northern Beaches. Over 200 location ideas and suggestions were provided by the community, with the most popular locations being shops, beaches, parks and car parks, along with suggestions for charging places like boat ramps, sportsgrounds and existing service station sites.

In terms of most listed suburbs in the community engagement, Frenchs Forest, Belrose, Manly, Church Point, Dee Why and Allambie Heights were amongst the most desired suburbs for future charging facilities.

Based on the demand analysis for Northern Beaches, where existing chargers are located and the previous community input, an indicative analysis of existing charging gaps indicates that the main EV coverage gaps may be:

·        around the strategic centres of Dee Why, Brookvale, Mona Vale, Frenchs Forest and Manly

·        in areas where semi-detached and apartments type of residential housing (R3 - medium density zoning) housing is predominant, such as Dee Why, Narrabeen, Queenscliff, Manly Vale and Warriewood.

·        in areas where the housing stock is generally older, and retro-fitting of charging points on private property may be difficult, such as Manly.

·        in beach car park areas, such as Avalon, Collaroy, Palm Beach, Manly and Clontarf.

·        in commuter hubs, including Church Point and Palm Beach.

·        near community facilities including playgrounds and community centres.

·        near other visitor attractions, such as boat ramps.

The final details on any future charging locations are currently determined during the detailed design and approvals phase of any installation.

Proposed procurement method to the open market

It is proposed that any future partnerships with EV charging companies could be determined through an Expression of Interest (EOI) to the open market, requesting the delivery of EV charging facilities and services. The eligibility of a provider would be determined through criteria outlined in the EOI.

As part of the EOI submission, operators would be asked to outline their proposed business model, including potential shared revenue options, and to demonstrate how they can deliver the most public and financial benefits to Council. It would be outlined in the EOI that the expectation is that the EV charging will be at no cost to Council and that there would not be a contribution financially towards the installation, maintenance or removal of EV infrastructure operated by a third party.

It is envisaged that there will need to be a mix of level 3 fast chargers (50kW or greater) in key locations, along with several level 2 mid-range chargers (up to 22kW), to allow residents in areas of higher residential density to access charging infrastructure.  Council would provide clear direction in the EOI process as to where the desired need is for chargers on public land.

There are several ways EV operators could demonstrate how they can provide the most public benefit for their products as part of the EOI process. An assessment of these details in the EOI response needs to be considered in line with the decision on the way forward for the provision of EV charging and Council’s involvement but could include:

·        Proposed business model.

·        Technical specifications of the charging infrastructure such as EV charger style.

·        Location proposed compared with Council’s identified need for the Northern Beaches area.

·        Sustainability and environmental impacts.

·        Financial return to Council.

·        Data management.

·        Community benefit.

Future options for consultation

Council’s EV Charging Infrastructure Plan (the Plan) currently guides Council’s future management of publicly operated electric vehicle charging stations in the Northern Beaches. In relation to consultation, the Plan currently outlines that:

‘Consultation with the local community and relevant stakeholders is satisfactorily undertaken in conjunction with site selection’.

The consultation for all future applications and placement of chargers would include identifying key stakeholders, such as community groups, utility companies, and local businesses as well as residents and visitors.

While it is considered that the Plan is mostly fit for purpose, given that the EV market and the EV charging market are changing so rapidly it is recommended that a review be undertaken of the Plan to ensure it remains current.

A model of the engagement process for future charging infrastructure installation where Council has an approval role could include:

·        Early engagement with relevant stakeholders such as EV charging operators, community groups, utility companies, car manufacturers as these stakeholders may be able to provide data on where EV users are likely to travel and where EV vehicles are generally most used.

·        Site selection and concept development to be set based on engagement feedback, data from NSW State Government and in line with identified future demand and Council’s EV Charging Infrastructure Plan criteria.

·        All proposals that require Local Traffic Committe approval and/or Council support would be part of Council’s Level 2 engagement process, with a pin-point map and an option to vote on Council’s Your say webpage.

·        Once installed, charging stations should be continuously monitored for usage patterns, maintenance needs, and collection of usage data. This data can then be used to optimise the network over time, by providing charging stations where required in the long-term.

Where the supplier is using the SEPP provisions and not requesting any parking controls for the location of the infrastructure, they can notify Council using the 40-day process under the Electricity Infrastructure exemption, to install the charger without further Council approval.

As an additional point of note, Council is incorporating EV charging requirements into development control plans and other local planning regulations in line with the EV-readiness provisions of the National Construction Code 2022 at a minimum.

Consultation

Initial community consultation was undertaken in July and August 2022, which gave an indication as to where the community thinks that chargers are needed across the Northern Beaches.

Community and stakeholder engagement for several electric vehicle charging stations was also conducted between 9 August and 8 September 2024 and consisted of a series of activities that provided opportunities for the community and stakeholders to contribute.

Future consultation on charging facilities could include identifying key stakeholders, such as community groups, utility companies, car manufacturers and local businesses, as well as residents and visitors, for all future EV charger applications and site placements.

Timing

The physical delivery of charging infrastructure would be subject to the response to the future EOI and what the market provides, unless Council undertakes installation and operation of the infrastructure, and this would need to be undertaken across several budget cycles.

Financial Considerations

There are several financial model options available for the installation of future charging infrastructure, depending on the outcome of an EOI process to the open market.

Financial aspects to consider further, and which may warrant a review of Council’s fees and charges, are the uptake of potential charging fees to future operators, such as charging space fees, establishment / installation fees and security fees / bond details. Council may need to consider the pricing point and approach of fees and chargers that reflect charger speed, usage and location and whether there is dedicated EV only parking or not.

In the current 2024/25 adopted fees and charges, Council charges an application fee of $1,619 per EV location. This covers the cost of staff time assessing the location, undertaking the necessary community engagement and reporting to the Northern Beaches Council Local Traffic Committee, along with the preparation of the any work instructions required to install the signage and line-marking component of the site.

Currently an annual fee of $1,936 is charged per dedicated parking space allocated to the EV charger at each location. This supports the installation of the signage and line marking along with providing a return to the community for the use of the community asset. This model was chosen as it was already in place for use by Carshare providers using dedicated spaces on the Northern Beaches.

Other considerations could be a multi-tiered fee structure based on the business model of provider and charger technology deployed in each location to attract providers in certain areas of the LGA.

Governance and Risk Considerations

The delivery of publicly accessible charging infrastructure is in line with the NSW Government position on providing more infrastructure to support the conversion to a low emission transport fleet, including private vehicles.

There may be different risks and considerations with regards to governance depending on future options chosen to deliver EV charging facilities on the Northern Beaches in the future. These risks will depend on the outcome of the EOI process and what operational model ends up being used.

A concern to consider is that Council delivers infrastructure for a select members of the community with access to EVs. Based on the future projected EV demand however this concern is expected to decrease with the increase in EV uptake.

Environmental Considerations

The proposed recommendations in this report will result in a beneficial environmental outcome by encouraging the uptake of electric vehicles by the community and reducing carbon emissions using renewal energy to provide the electricity for each Charge Point Operator.

Social Considerations

The outcome of this report has no major negative social impacts for the community. The conversion to EV charging spaces only could however have an impact on parking provision for the community. There is a need to consider the balance between provision of exclusive use by EV owners and the community that do not have access to EV vehicles and hence will not be using the EV infrastructure.

Link to Strategy

This report relates to actions in both the Move Transport Strategy and the Climate Change Action Plan, to reduce the carbon emissions created by our community, advocate for the uptake of new technology in the transport system and provide innovation to influence and initiate change.

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

·        Environmental sustainability - Goal 4 Our community is supported in the transition towards net zero emissions and a local circular economy.

·        Transport, technology and connectivity - Goal 16 Our integrated transport networks meet the needs of our community and reduce carbon emissions.

·        Transport, technology and connectivity - Goal 17 Our community can safely and efficiently travel within and beyond the Northern Beaches.

 

Reporting team

Transport & Civil Infrastructure

TRIM file ref

2025/281370

Attachments

Nil

 

 


Item 13.2 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 13.2

Review of the Beach Parking Permit Policy

 

Purpose

The purpose of this report is to seek the adoption of the Beach Parking Permit 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 Beach Parking Permit Policy has been reviewed and is considered to be still relevant and recommend to be adopted (with minor changes proposed).

 

RECOMMENDATION

That Council adopt the Beach Parking Permit Policy.

 


 

Background

Council adopted a Policy Framework (Framework) at the Ordinary Council meeting held on 28 November 2023 (resolution 316/23). 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 internally 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

The Beach Parking Permit Policy was adopted in 2017 and provides the framework and principles for the provision of the annual Beach Parking Permits which allow free parking in designated Council-operated Pay and Display reserve carparks. The policy also provides a framework for determining the criteria and eligibility in which Beach Parking Permits are issued as well as provides specific locations where Beach Parking Permits are valid.

Following a scheduled review of the policy it was found to be operating well. Some minor revisions are proposed to update the policy, including updating NSW government organisations’ names, updating position delegations and minor phrasing changes. The proposed changes are highlighted at Attachment 1.

As the policy is not materially changing it is not proposed to exhibit the policy before adoption.

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.

Financial Considerations

The recommendation of this report does not result in any change to the existing Council budget.

Governance and Risk Considerations

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

Environmental Considerations

There are no environmental impacts to consider in respect of the recommendation 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/s and Goal/s:

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

 

Reporting team

Transport & Civil Infrastructure

TRIM file ref

2025/287214

Attachments

1    Draft Beach Parking Permit Policy (Included In Attachments Booklet)

 

 


Item 13.3 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 13.3

Public Exhibition of draft Land Dealings Policy

 

Purpose

The purpose of this report is to seek public exhibition of the draft Land Dealings Policy.

Executive Summary

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

·        Council progressively reviews all corporate documents covered by the Framework.

·        A draft Land Dealings Policy (the Policy)has been prepared to support the Property Management Framework and is proposed to be placed on public exhibition.

·        The pupose of the Policy is to convey that land dealings are conducted by Council transparently, accountably, and in the best interests of the community

RECOMMENDATION

That the draft Land Dealings Policy be placed on public exhibition for a minimum of 28 days with the outcome reported to Council.

 

 


 

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 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

The Property Management Framework (PMF) was adopted by Council in 2022 following community engagement.

The draft Land Dealings Policy (Attachment 1) is designed to support the PMF by outlining key principles for undertaking land dealings. It also consolidates 5 policies of the former councils which are proposed to be revoked should Council adopt a Land Dealings Policy at a future meeting. They include:

·           Property Acquisition and Disposal – Negotiation on Purchase Price Policy – PL 810 (former Warringah) (Attachment 2)

·           Surplus Road Reserve Disposal Policy – PL 820 (former Warringah) (Attachment 3)

·           Property Management Policy No. 200 (former Pittwater) (Attachment 4)

·           Land – Disposal of Surplus Policy No. 92 (former Pittwater) (Attachment 5)

·           Public Reserves and Other Lands - Resumption for Public Utilities Policy No. 56 (former Pittwater) (Attachment 6)

In accordance with section 2.6 of the PMF, draft guidelines have also been prepared to support the new draft policy and will be published on Council’s website once Council has considered and finalised the draft Land Dealings Policy.

CONSULTATION

The new policy is proposed for public exhibition for a period of at least 28 days. It is not proposed to undertake public consultation for those policies intended to be revoked.

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.

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

Property, Buildings & Beach Services

TRIM file ref

2025/293807

Attachments

1    Draft Northern Beaches Council - Land Dealings Policy (Included In Attachments Booklet)

2    Property Acquisition and Disposal - Negotiation on Purchase Price Policy - PL 810 (former Warringah) (Included In Attachments Booklet)

3    Surplus Road Reserve Disposal Policy – PL 820 (former Warringah) (Included In Attachments Booklet)

4    Property Management Policy No. 200 (former Pittwater) (Included In Attachments Booklet)

5    Land – Disposal of Surplus Policy No. 92 (former Pittwater) (Included In Attachments Booklet)

6    Public Reserves and Other Lands - Resumption for Public Utilities Policy No. 56 (former Pittwater) (Included In Attachments Booklet)

 

 


Item 14.1 Northern Beaches Council MEETING - 20 May 2025

14.0    Notices of Motion

 

ITEM 14.1

Notice of Motion No 16/2025 - Election Signs on Public Property and Land

 

COUNCILLOR BINGHAM SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Note community concerns expressed about the number of election signs located on public property and public land during the 2025 Federal Election campaign period.

2.       Receive a briefing within 6 months on policy options available to Council related to the management of election signs.

 

BACKGROUND FROM COUNCILLOR BINGHAM

During the recent 2025 Federal Election campaign our community witnessed a significant increase in the number of election signs being erected across the local government area, particularly on public property and public land; also in the number of weeks these corflutes were displayed. Some members of the community have expressed concerns about the approaches taken by some candidates in the use of election signage, including visual impacts caused by the signs. There were also some concerns expressed about Council’s long-standing approach to the management of complaints received about election signage during the election period.

Now that the 2025 Federal election has concluded, it is timely for Council to consider the options available to prevent this happening in future elections.

 

 

TRIM file ref

2025/315392

Attachments

Nil

 

 


Item 14.2 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 14.2

Notice of Motion No 17/2025 - Action to progress a community park at former Harbord Diggers carpark

 

COUNCILLORs GLANVILLE, Beaugeard and Hackman SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Note its concern that:

a.       the former Harbord Diggers carpark which was used as a construction compound for the Harbord Diggers re-development has remained vacant and unused since works were completed in approximately 2019

b.       valuable Crown land is being alienated from potential public use for its intended purpose as a park.

2.       Write to the Member for Manly and the NSW Minister for Lands and Property to ask:

a.       their assistance to request Crown Lands to progress developing a community park at the former Harbord Diggers carpark

b.       that they or a representative attend any meeting in 3b.

3.       Write to Mount Pritchard & District Community Club Ltd (Mounties) to:

a.       express Council’s disappointment that rehabilitation of the former Harbord Diggers carpark for use as a community park has not progressed, although the land is no longer required by Mount Pritchard & District Community Club Ltd for redevelopment works; and is a requirement of their agreement with Crown Lands for temporary use of the land as a construction compound.

b.       request a meeting with Mount Pritchard & District Community Club Ltd, Ward Councillors, and representatives from Council staff regarding Mounties’ progress for completion of the proposed park.

 

BACKGROUND FROM COUNCILLORs GLANVILLE, beaugeard and hackman

The ‘Harbord Diggers’ at Evans Road, Freshwater underwent a significant redevelopment which was completed in approximately 2019. During works, the former carpark was used as a construction compound to facilitate the redevelopment. The former carpark is Crown land.

As a condition of the agreement between Mounties (the owner of the Harbord Diggers) and Crown Lands, Mounties could use the carpark during construction works and was then obliged to rehabilitate the former carpark and re-establish the site as a new park.

The location of the former carpark is highly scenic and is adjacent to Mackillop Park on the headland between Freshwater and South Curl Curl, which includes a much-loved surfing history memorial to Duke Kahanamoku and other local surfing legends. The proposed park would provide an extension and enhancement to the existing public space on the headland. 

 

Unfortunately, this prime piece of public land instead is currently disused. Works at the Harbord Diggers were completed in approximately 2019, and so the site is no longer required as a construction compound. Whilst Council staff have seen preliminary documentation for the Mounties’ proposal for the rehabilitation and park, it is long overdue that this site is returned to the public for its benefit and enjoyment.

 

 

TRIM file ref

2025/319626

Attachments

Nil

 

 


Item 14.3 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 14.3

Notice of Motion No 18/2025 - Opposition to the changes to Freshwater Senior Campus

 

COUNCILLOR HARVEY SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Note the mounting community opposition to Freshwater Senior Campus moving from a dedicated Senior Campus to a Years 7-12 campus.

2.       Request the Department of Education conduct community and Council consultation on the proposed development required to expand Freshwater Senior Campus.

3.       Call upon the NSW Department of Education to halt the decision until more information is publicly available regarding the:

a.       business case for the proposed changes to Freshwater Senior Campus

b.       consequences of the physical expansion of the campus on residents, transport, environment and the current and future school cohort

c.       ramifications for the educational outcomes for Year 11 and 12 students on the Northern Beaches.

4.       Urgently write to Ministers, Shadow Ministers and Local MPs to advocate for halting the proposed changes to Freshwater Senior Campus until more information is provided regarding the feasibility of the school's expansion.

 

BACKGROUND FROM COUNCILLOR HARVEY

Freshwater Senior Campus (Freshwater) is one of 5 Northern Beaches Secondary College campuses. It hosts only year 11 and 12 students and has a stable enrolment of 650 students. Freshwater’s composition fosters a mature learning environment and allows students to choose from over 80 subjects, including academically challenging HSC subjects and TAFE courses. It is ranked as one of the top non-selective public high schools in the state. In April 2024, the NSW Department of Education (DoE) published a media release titled ‘Everyone wants to be at Freshie’.

In December 2024, the DoE announced plans to extend Freshwater Senior Campus to a Year 7-12 campus in early 2025. The NSW Government has stated it will expand the facilities to accommodate a larger school community. Before its re-opening in 2003, $20 million was spent to transition Freshwater to a senior campus.

This decision was reached through what the DoE describes as ‘positive feedback from community consultation’. The survey conducted by the DoE occurred over 4 weeks and was opt-in and could be completed multiple times. It excluded households enrolled in private schools and consulted twice as many pre-school and primary school stakeholders as senior school stakeholders. The preferred outcome of the senior school community respondents was to change the intake areas, which has since occurred. Many respondents also questioned the need for the school’s change, regarding its success; this was not reflected in the report.

The announcement was met with large opposition from parents, current students and Freshwater alumni. Former principal, Frank Pickardt described the decision as a ‘tragedy’. Hundreds of students staged a school walkout in protest, and the online petition ‘Protect Freshwater Senior Campus’ currently has over 2,500 signatures. The DoE n has since declared that the proposed expansion will begin in 2027.

Since the decision was announced, enrolments to Freshwater in 2026 are down 60% from the previous year.

 

TRIM file ref

2025/328377

Attachments

Nil

 

 


Item 14.4 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 14.4

Notice of Motion No 19/2025 - Vale Richard Gordon

 

COUNCILLOR DE LUCA OAM SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Note with sadness the recent passing of community leader, Richard Gordon.

2.       Note Mr Gordon’s outstanding service to Neighbourhood Watch Killarney Heights, Forestville RSL Club, Killarney Heights Progress Association, Forestville War Memorial Playing Fields Management Committee and the Anzac Memorial Pathway.

3.       Extend its sympathy to Mrs Valerie Gordon, his children Karen, Michelle and Suzanne and his extended family on their tragic loss.

4.       In view of Mr Gordon’s outstanding service to the community, liaise with his wife as to an appropriate memorial and location so his legacy and tireless efforts can always be remembered.

 

BACKGROUND FROM COUNCILLOR DE LUCA OAM

Richard volunteered his time as a Justice of the Peace for NSW from 1980 to 2023, relinquishing the position due to retirement. Over this time, he assisted thousands of people with witnessing their Statutory Documents, all on a voluntary basis.

Richard was a founding member and Inaugural President in 1984 of Neighbourhood Watch (Killarney Heights) and served 7 terms as President. He has remained active in the group until it was dissolved in 2023. Over these 3 decades, Richard and his wife, Valerie worked tirelessly with NSW Police to prevent crime, promote a safe community and ensure the needs and interests of Killarney Heights were met. Over this long period he also served in the Killarney Heights Progress Association, ensuring that suburb's enhancement and protection.

In 1997, Richard was elected a Director of the Forestville RSL Club and held the position until his retirement last year. He served with distinction with the welfare of returned service men and women always as his paramount consideration. He was also Vice President of the Club.

In 1997 Richard was asked if he could obtain approval for the building of a memorial to add to the existing flag pole in the Forestville Shopping Centre. Richard designed a memorial seat to honour the Forest Veterans of World War I, which was approved and built under his supervision and maintained the complex until recently. In 1998 this was officially opened by the then Governor of NSW, His Excellency the Honourable Gordon Samuels AC.

In 1997, Richard was also elected to the Forestville War Memorial Playing Fields Management Committee, serving on that committee, again with distinction until this year. He was elected President in 2013 and held the position to and including 2024 upon which he retired.

In 2015 it was the 100-year anniversary since Gallipoli. Richard was tasked with liaising with Warringah Council and assisted in designing the pathway for the Anzac Memorial Pathway and with the support of Warringah Council obtained an Anzac Centenary local grant. With his wife, Valerie he researched and designed the plinths and the wording and production of the plaques and had these installed on the plinths. This Memorial Pathway was officially opened and dedicated by Mrs Margaret Abbott on 11 April 2015 as a memorial to World War I.

As President of the Management Committee, Richard also assisted in the upgrade of the Margaret Cliff OAM Netball Courts and looked after tennis, soccer, netball, cricket, rugby and the dog park and the building of a new toilet block with the 19 hectares. Meetings were held every 2 months and over those 26 years, Richard never failed to attend.

In 2002 Richard was awarded the Warringah Council Outstanding Community Service Award for Voluntary Service in the Community and was presented a Certificate of Appreciation of Services Rendered by the RSL NSW on 11 January 2017.

 

TRIM file ref

2025/330676

Attachments

Nil

 

 


Item 14.5 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 14.5

Notice of Motion No 20/2025 - Vale The Honourable David Hay MBE

 

COUNCILLOR DE LUCA OAM SUBMITTED THE FOLLOWING MOTION:

MOTION

1.       That Council note:

a.       With sadness the recent passing of Mr David Hay, a former Mayor of Manly.

b.       Mr Hay served on Manly Council as an Alderman for 23 years, including 6 terms as Mayor and 8 terms as Deputy Mayor.

c.       Mr Hay was elected as the State Member for Manly in 1984 and served until May 1991; and served as Minister for Local Government and Minister for Planning from 1988 to 1991.

d.       Mr Hay also served as a Councillor of Mackellar County Council for 6 years (including one year as Chairman).

e.       Mr Hay was educated and grew up in Manly, attending the former Manly Boys High School.

f.       Mr Hay served in the National Service (Royal Australian Air Force pilot), as a Member of Manly Rotary Club, Manly Surf Life Saving Club, and also served on the Board of the Royal Far West Children's Service.

g.       On 2 June 1973, Mr Hay was appointed a Member of the Order of the British Empire in honour of his distinguished service to Local Government and the people of Manly.

2.       That Council:

a.       Extend its sympathy to David’s wife, the former Mayor of Manly, Jean Hay AM, their children and extended family.

b.       Acknowledge Mr Hay’s outstanding and significant service over many years to the local area.

c.       Liaise with the Hay family as to an appropriate memorial to ensure his legacy and service is remembered.

 

 

 

TRIM file ref

2025/330741

Attachments

Nil

 

 


Item 14.6 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 14.6

Notice of Motion No 21/2025 - Place based planning investigation for Manly Vale and Forestville

 

COUNCILLOR GRATTAN SUBMITTED THE FOLLOWING MOTION:

MOTION

That Council:

1.       Be presented with a report within 6 months identifying opportunities to bring forward place-based planning investigations for the Manly Vale and Forestville Town Centres as anticipated in the Local Housing Strategy, for consideration in Council's future Delivery Program and Operational Plan.

2.       Note the report is to include matters not limited to scope of works, indicative costs, potential funding sources, resourcing implications and delivery timeframes to prepare Place Plans for Manly Vale and Forestville.

 

BACKGROUND FROM COUNCILLOR GRATTAN

The NSW Government's Stage 2 Low and Mid-Rise Housing Reforms will apply to 9 town centres across the Northern Beaches. The housing reforms 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 these 9 town centres, with the potential for significant impacts on traffic, public transport, local amenity and the provision of local infrastructure and services. Two of the 9 town centres identified in the Stage 2 Low and Mid-Rise Housing Reforms are identified as 'centre investigation areas' in Council's Local Housing Strategy. The Local Housing Strategy identifies that the detailed planning for these centres will occur in the medium and longer term – sometime between 2025 to 2036.

Council’s draft Community Strategic Plan 2040 and the draft Delivery Program 2025-2029 have not identified the preparation of place plans for Manly Vale or Forestville in the forward planning program.

Given the recent NSW Government planning reforms and impacts that these reforms will have on these areas, consideration should be given to bringing forward the delivery of strategic planning work in the Manly Vale and Forestville ‘investigation areas’.

 

TRIM file ref

2025/330806

Attachments

Nil

 

 


Item 14.7 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 14.7

Notice of Motion No 22/2025 - Northern Beaches Energy Efficiency Committee

 

COUNCILLOR HACKMAN SUBMITTED THE FOLLOWING MOTION:

MOTION

That staff provide a briefing to Councillors within 3 months on the benefits and potential costs associated with establishing a Northern Beaches Energy Efficiency Committee.

 

BACKGROUND FROM COUNCILLOR HACKMAN

It's important that we capitalise on efficiencies, especially when the rising cost of living is such a concern. Across the Beaches we have appliances and systems that are costing 4-5 times what they need to, emitting fugitive pollution and costing our residents and businesses money and health. We have more efficient systems available that are a fraction of the cost to run over a 5-10 year lifecycle, although with steeper upfront costs, that have immense benefits. Council can support the different streams of our community to get on the first step to the transition to cost efficiency - through education and connection with state and federal grants and support services.

Focussing on this has the added benefit of helping Council and the community meet our emissions reductions targets that is required by state and federal legislation as well as in the upcoming AASB S2 accounting standards from 1st July 2026. Hosting a working group with local, state and federal representatives can help identify levers that are available for our community to engage with and benefit from.

A working group could ensure we align our resources and goals, and can focus on reducing community, industrial and commercial emissions. Perhaps it could be called the Northern Beaches Energy Efficiency Working Group or Committee. Corralling a group of experts focussed on implementing industry-specific actions in line with our strategic goals, across the 3 tiers of government, will help us to deliver cost savings and meet goals the community expects.

I suggest we include representatives from State MPs, Federal MPs, engineers, specialist accountants and climate finance experts - to help us unlock learnings, obstacles and funding.

 

 

TRIM file ref

2025/333152

Attachments

Nil

 

 


Item 15.1 Northern Beaches Council MEETING - 20 May 2025

15.0    Questions with Notice

 

ITEM 15.1

Question With Notice No 12/2025 - Future dredging of Narrabeen Lagoon

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

1.       Could the dates of the next full dredge of Narrabeen Lagoon please be provided?

2.       In order to prevent further flooding of residences, on what dates were inspections of the drain outlets and drains in the vicinity of the below inspected and maintenance undertaken?  When will they next be inspected?

-        1400 Pittwater Road on Lake Park Road, North Narrabeen

-        2 Darius Avenue, North Narrabeen

-        6 Collins Street, North Narrabeen

-        1 Berry Avenue and drain that runs from Berry Avenue to Darius Avenue, North Narrabeen

-        Outside Narrabeen Sports High, opposite No.1 Namona Street, North Narrabeen

 

 

TRIM file ref

2025/325522

Attachments

Nil

 

 


Item 15.2 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 15.2

Question With Notice No 13/2025 - Safer Neighbourhoods program

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

1.       Of the 43 planned areas, what are the locations and funding allocated/predicted expenditure on each location?

2.       What is the respective grant amount from Transport for NSW (TfNSW) for the initial infrastructure installation for each of the 5 areas.

3.       What happens if the grants are not sufficient to cover the costs of projects under program?

4.       Will TfNSW contribute financially to any ongoing costs of maintenance etc for the 5 areas?

5.       Has grant funding from the NSW Government come for The Strand, Dee Why since the first grant’s funds were spent?

 

TRIM file ref

2025/325566

Attachments

Nil

 

 


Item 15.3 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 15.3

Question With Notice No 14/2025 - Number of residences and businesses by Post Code paying rates

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

What is the number of Residential and the number of Business Ratepayers for each post-code area within each Ward and the respective Annual Rates assessed for each of Residential and Business for each respective post-code?

 

 

TRIM file ref

2025/327729

Attachments

Nil

 

 


Item 15.4 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 15.4

Question With Notice No 15/2025 - Flooding Ramsay Street, Collaroy

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

Reference is made to concerns by residents at 1A Ramsay Street, Collaroy, that due to the stormwater outlet at the end of Ramsay Street (currently under renovation by Coastwide Civil Pty Ltd on behalf of Northern Beaches Council) being totally buried in deep sand, significant flooding occurred on 23 and 28 April 2025:

a.       Can Council please take urgent action to unblock the storm water outlet?

b.       Can Council please raise the level of the footpath in front of 1A Ramsay Street to inhibit ingress of floodwaters in future?

c.       Can Council please undertake that it will pursue frequent and diligent oversight of the works at the end of Ramsay Street to assure effective mitigation/removal of hazardous conditions: in the case at hand, total blockage of the exposed stormwater outlet by sand, given the nature of sand and tides, it is not unreasonable to expect that sand can again block the currently exposed stormwater outlet?

d.       What guarantees have been given to Council that the completed works will be effective and efficient in allowing stormwater to flow to the sea without backing up and flooding nearby areas?

 

TRIM file ref

2025/327977

Attachments

Nil

 

 


Item 15.5 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 15.5

Question With Notice No 16/2025 - Cost of vehicles for management and staff

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

a.       How many Executives, Executive Managers, Managers, Team Leaders, Team Coordinators and staff respectively will receive cars which can be used for personal use in the 2025/26 FY?

b.       What is the total budget for such vehicles outlined in (a) for 2025/26?

c.       Will Council's management introduce novated leases in the future, if so when and for what respectively for which levels of management and staff?

 

TRIM file ref

2025/328127

Attachments

Nil

 

 


Item 16.1 Northern Beaches Council MEETING - 20 May 2025

16.0    Responses to Questions

 

ITEM 16.1

Response to Question With Notice No 5/2025 - Council’s cash and investment portfolio during COVID

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

In relation to questions asked of the Chief Financial Officer at the March Council meeting:

1.       During COVID lock downs in NSW between 15 March 2020 and 1 July 2020 at the end of March, April, May and June what was the respective balance each month of Council’s cash and investments funds?

2.       For each respective month in 2020, what was the balance of Council’s cash and investments funds?

3.       On what dates, if any, during 2020 did Council go into a liquidity deficit?

4.       On what dates, if any, and how much money was withdrawn on those respective dates, from investment funds to address any liquidity deficit and what were such funds spent on?

RESPONSE:

1.       Month-end balance of Council’s cash and investment funds for March, April, May, and June 2020 - both excluding and including Kimbriki.

Northern Beaches Council (excluding Kimbriki)

 

Trading Account

Investments

Total*

31/03/2020

                 3,270,226

          166,987,876

          170,258,102

30/04/2020

                     540,746

          145,040,321

          145,581,067

31/05/2020

                4,142,906

          141,551,940

          145,694,847

30/06/2020

                     770,484

          132,655,790

          133,426,274

 

Northern Beaches Council (including Kimbriki)

 

Trading Account

Investments

Total*

31/03/2020

                4,633,423

          186,159,229

          190,792,653

30/04/2020

                1,609,733

          165,371,883

          166,981,616

31/05/2020

                5,982,572

          162,097,705

          168,080,277

30/06/2020

                2,391,823

          153,866,104

          156,257,927

 

* For context, there are a number of restrictions over Council’s cash and investments, which require the restricted funds to be used for a specific purpose. On 30 June 2020 the unrestricted cash and investments balance was $44 million ($32m Council + $12m Kimbriki). On 30 June 2021 the unrestricted cash and investments balance was $33 million ($21m Council + $12m Kimbriki). Maintaining a satisfactory level of unrestricted cash is necessary to meet liquidity needs and unanticipated costs.

2.       2020 Month end balance of Council’s cash and investments funds - both excluding and including Kimbriki.

Northern Beaches Council (excluding Kimbriki)

 

Trading Account

Investments

Total

31/01/2020

1,408,072

169,339,363

      170,747,435

29/02/2020

              8,420,616

        173,633,792

182,054,408

31/03/2020

3,270,226

166,987,876

      170,258,102

30/04/2020

                 540,746

         145,040,321

145,581,067

31/05/2020

             4,142,906

          141,551,940

  145,694,847

30/06/2020

                 770,484

          132,655,790

      133,426,274

31/07/2020

             1,826,032

          120,664,092

 122,490,124

31/08/2020

              3,941,689

          135,096,326

      139,038,015

30/09/2020

             4,886,314

          147,462,143

      152,348,457

31/10/2020

              1,109,957

          139,866,100

     140,976,057

30/11/2020

              5,800,628

          148,971,092

    154,771,721

31/12/2020

              1,590,110

          140,473,543

    142,063,653

 

Northern Beaches Council (including Kimbriki)

 

Trading Account

Investments

Total

31/01/2020

              3,036,360

         188,190,101

  191,226,461

29/02/2020

           10,027,787

          192,644,782

      202,672,569

31/03/2020

              4,633,423

         186,159,229

     190,792,653

30/04/2020

              1,609,733

         165,371,883

     166,981,616

31/05/2020

              5,982,572

          162,097,705

     168,080,277

30/06/2020

              2,391,823

          153,866,104

     156,257,927

31/07/2020

              3,486,969

          141,124,634

      144,611,603

31/08/2020

              5,479,449

          152,790,813

      158,270,262

30/09/2020

              6,802,941

          167,023,629

      173,826,570

31/10/2020

             2,659,800

          159,044,589

      161,704,389

30/11/2020

              7,610,129

          168,303,808

      175,913,936

31/12/2020

             3,029,639

          160,922,660

      163,952,299

 

3.       Nil

4.       Nil

 

 

TRIM file ref

2025/234898

Attachments

Nil

 

 


Item 16.2 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 16.2

Response to Question With Notice No 6/2025 - Code of Meeting Practice

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

What clause or clauses of the Code of Meeting Practice explicitly give a Mayor power to ‘override’ the Code of Meeting Practice at meetings?

 

RESPONSE:

Clause 7.1 of the Code of Meeting Practice reflects s369(1) of the Local Government Act 1993 and provides that the Mayor (as Chairperson) presides at meetings of Council.

Clause 7.9 of the Code of Meeting Practice indicates that the Mayor (as Chairperson) has precedence at meetings.

The Mayor (as Chairperson) has various other powers under the Code of Meeting Practice.

 

TRIM file ref

2025/234900

Attachments

Nil

 

 


Item 16.3 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 16.3

Response to Question With Notice No 7/2025 - Mayoral Credit Card/Staff Credit Card/s used for the Mayor

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

1.       Has the Mayor or past Mayors have or had a Council credit card?

2.       Do Staff members in the Mayor’s office have or have had Council credit cards?

3.       For the below financial years, what are the total charges charged to credit cards held by the Mayor or staff in the Mayor’s Office:

a.       2021/22

b.       2022/23

c.       2023/24

RESPONSE:

1.       No.

2.       Yes.

3.       For the below financial years, the total charges charged to credit cards to manage expenditure by councillors was:

a.       2021/22: $24,036.62

b.       2022/23: $59,506.85

c.       2023/24: $36,952.67

 

 

TRIM file ref

2025/234903

Attachments

Nil

 

 


Item 16.4 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 16.4

Response to Question With Notice No 8/2025 - Chief Executive Officer’s Credit Card

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

1.       Has the Chief Executive Officer or past Chief Executive Officers have or had a Council credit card?

2.       Do Staff members in the Chief Executive Officer’s office have or have had Council credit cards?

3.       For the below financial years, what are the total charges charged to credit cards held by the Chief Executive Officer or staff in the Chief Executive Officer’s office:

a.       2021/22

b.       2022/23

c.       2023/24

RESPONSE:

1.       No.

2.       Yes.

3.       For the below financial years, the total charges charged to the credit card to manage expenditure in the Chief Executive Officer’s office:

a.       2021/22: $3,815.99

b.       2022/23: $3,714.68

c.       2023/24: $5,259.20

 

 

TRIM file ref

2025/234917

Attachments

Nil

 

 


Item 16.5 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 16.5

Response to Question With Notice No 9/2025 - Review and authorisation of expenditure on Mayor (or their staff’s) and Chief Executive Officer’s (or their staff’s) credit cards

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

1.       Who reviews and approves the CEO’s or their staff’s credit card expenditure?

2.       Who reviews and approves the Mayor’s or their staff’s credit card expenditure?

3.       For independent and transparency purposes, will Council consider appointing an independent, suitably qualified person not employed at Council to review and approve the CEO, Mayor and their respective staff’s credit card expenditure?

RESPONSE:

1.       Expenditure on the Council credit card is approved by the CEO unless the staff member has been instructed by the CEO to make purchases on his behalf. Expenditure instructed by the CEO on his behalf is approved by the Mayor in accordance with Council’s Corporate Credit Cards Determination (Determination NB-D-06, Item 16).

2.       Expenditure on the Council credit cards is approved by an appropriately delegated position within the CEO’s office in accordance with Council’s Corporate Credit Cards Determination.

3.       Appropriate segregation of duties is in place to ensure independent review and oversight of credit card expenditure by the CEO, Mayor, and their respective staff in accordance with Council’s Corporate Credit Cards Determination.

 

 

TRIM file ref

2025/234923

Attachments

Nil

 

 


Item 16.6 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 16.6

Response to Question With Notice No 10/2025 - Approval of purchase of alcohol for the Mayor and Councillors at or after Council meetings and briefings

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTION:

1.       For the below financial years, who at Council approved the purchase of alcohol for the Mayor and Councillors at or after Council meetings and briefings:

a.       2021/22

b.       2022/23

c.       2023/24

RESPONSE:

Alcohol is not provided before or during Council meetings or briefings.

The purchase of alcohol is approved by positions with the appropriate financial expenditure delegation, authorised under the CEO’s instrument of delegations of authority for Northern Beaches Council.

 

TRIM file ref

2025/234927

Attachments

Nil

 

 


Item 16.7 Northern Beaches Council MEETING - 20 May 2025

 

ITEM 16.7

Response to Question With Notice No 11/2025 - Ranger Attendance at Council Meetings 2025

 

Councillor DE LUCA OAM SUBMITTED THE FOLLOWING QUESTIONS:

1.       Why have Rangers been at Council meetings this year?

2.       What is the total cost to date for Rangers attending meetings this year and are they being paid overtime for attending at night?

3.       If there is no monetary cost for Rangers attending Council meetings, is time in lieu or other benefits given? If so, what has that amounted to?

4.       Is the attendance at Council meetings by Rangers in their respective Award or contracts? If so, please outline which provisions.

RESPONSE:

Rangers undertake duties, including attendance at Council meetings, for operational reasons as determined by the CEO. The employment conditions of Rangers are a staffing matter.

 

 

TRIM file ref

2025/234929

Attachments

Nil

 

 


ITEM 17.0 – Northern beaches council meeting - 20 May 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 Exemption from Tender Process for Council's Business Papers Management System on the basis that it involves the receipt and discussion of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business [10A(2)(c) Local Government Act 1993].

This report discusses/provides advice concerning Council's business paper management system. 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 confer a commercial advantage on the companies providing the service to Council.

b.     Item 17.2 Audit, Risk and Improvement Committee - Recruitment on the basis that it involves the receipt and discussion of personnel matters concerning particular individuals (other than councillors) [10A(2)(a) Local Government Act 1993].

This report discusses/provides advice concerning personnel matters of persons other than councillors. 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 breach the privacy of candidates that applied for this position.

c.     Item 17.3 RFQ2024/145 - Supply and Implementation of a Library Management 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.

d.     Item 17.4 Proposed acquisition of land for open space purposes at Avalon Beach on the basis that it involves the receipt and discussion of 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 acquisition of land for open space purposes. 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 be against the wishes of person transferring the land to Council and could jeopardise the outcome of the proposal.

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.