FOKE’s evidence to Planning & Climate Change Inquiry 10 May, 2024

FOKE presented evidence to the NSW Parliament Upper House Portfolio Committee No. 7 regarding its inquiry into the planning system and the impact of climate change on the environment and communities on Friday 10 May 2024 at the aks Room, Dee Why RSL, Dee Why from  12.00 pm to 12.45 pm. Appearing alongside FOKE was Friends of Lane Cove National Park Inc.

The Upper House Portfolio 7 Committee consist of:

Chair: Higginson, Sue (GRNS, LC Member); Deputy Chair: Ruddick, John (LP, LC Member); Members: Buttigieg, Mark (ALP, LC Member); D’Adam, Anthony (ALP, LC Member); Farlow, Scott (LIB, LC Member); Munro, Jacqui (LIB, LC Member); Primrose, Peter (ALP, LC Member)


FOKE Introductory Statement

Thank you for the opportunity for Friends of Ku-ring-gai Environment, or ‘FOKE’ as we are known, to comment on Portfolio Committee No. 7’s Inquiry into the NSW planning system and the impact of climate change on the environment and communities.

In speaking about Ku-ring-gai, FOKE wishes to acknowledge the traditional owners of Ku-ring-gai, and that it is on the land of Gammeragal (Roseville) Darramurragal (Turramurra) and Guringai (West Head) Country.

FOKE is a community group, run by volunteers.  It celebrates its 30th Anniversary this year.  During these three decades FOKE has advocated for the protection of Ku-ring-gai’s natural, built and cultural heritage.

FOKE is deeply alarmed at the state of the current planning system and takes the view that it endangers the lives of residents from the accelerating impacts of climate change.  Ku-ring-gai, being surrounded by three national parks, is in a high bushfire prone area and with properties exposed to flood hazard.  With escalating climate change Ku-ring-gai will face more frequent, intense and life-threatening bushfires and flooding.

FOKE unreservedly opposes a NSW planning system that weakens environmental protections.  Stronger environmental protections at the state and federal level are urgently needed to stem the crisis of biodiversity extinction and the climate emergency.

The increasingly “one-size fits all” NSW planning system needs to be overhauled to ensure planning decisions prioritizes resilience, climate safety and biodiversity conservation.  In its current form it offers little protection.

Central to FOKE’s submission is the view that there has, and continues to be, a public policy failure with successive governments’ urban consolidation policies that drive dangerous climate by escalating the environmental crisis through land clearing, deforestation, habitat destruction, loss of canopy and seedbank.

FOKE is deeply concerned that the current NSW planning system and poor controls exerted by planning instruments, continues to profoundly change the landscape of Ku-ring-gai and its critically endangered ecological communities, particularly its remnant Blue Gum High Forest and Sydney Turpentine Ironbark Forest; as well as their capacity to regenerate into the future. It will also destroy Ku-ring-gai’s natural beauty and its urban villages, many of which are located within or adjacent to heritage conservation areas or national parks.

Over 70% of Ku-ring-gai’s Endangered Ecological Communities (EECs) are located on private land.

FOKE takes the view that the survival of these Endangered Ecological Communities are key to the survival of Ku-ring-gai’s tree canopy. Yet these Endangered Ecological Communities are under threat due to the decades of local government powers being weakened. 

Since the introduction of external planning panels and the deregulation and privatisation of compliance and enforcement regulators, local governments no longer have the regulatory and enforcement powers to refuse most development applications and ensure the ongoing conservation of its natural environment.

Complying development, SEPPs and substantially weakened legislation have fueled tree removals on private land replacing small houses with oversized ‘McMansion’ type houses and apartment buildings, replacing trees and gardens with hard surfaces and reducing the property’s capacity for deep soil landscaping. Without adequate deep soil landscaping provisions on private property Ku-ring-gai’s Endangered Ecological Communities and canopy cannot survive into the future. Deeply alarming is that there is less than 1% left of Blue Gum High Forest in the world.

FOKE is concerned that current development proposals are assessed in isolation without consideration of the cumulative impacts of previous planning and development decisions and their impacts on the environment.

FOKE calls on the NSW Government to implement a new fit for purpose climate planning system, based on ecologically sustainable development and which uphold the highest standards of biodiversity conservation and climate resilience.

Find list of speakers at Inquiry Hearing on 10 May 2024 HERE

Watch video of FOKE’s evidence at Inquiry on 10 May 2024 HERE or BELOW:



Read full transcript HERE

Read FOKE’s Submission HERE

Watch the Public hearing – PC7 – Planning and the impacts of climate change, 17 June, 2024 HERE

FOKE supports Mayoral Minute 21 November, 2023


14 November 2023                    


Dear Mayor and Councillors


FOKE wishes to express its support for the Mayoral Minute of 21 November, 2023 that outlines his initial response to The Hon Paul Scully MP, NSW Minister for Planning and Public Spaces letter (dated 30/10/2023 and received on 9 November, 2023).


It is important that the integrity of Ku-ring-gai zoning controls or Local Environment Plans (LEPs) be upheld to ensure Ku-ring-gai’s environment, heritage, character and amenity, especially in its R2 Low Density Residential Zones, be protected for future generations to enjoy.


FOKE commends the Mayoral minute for its clarity and careful consideration on the challenges ahead for Ku-ring-gai.


FOKE strongly supports a rigorous and transparent public consultation process to allow residents to have a say.  We recommend that Council refer to the 2002 questionnaire sent to all residents that was used as part of the consultation process for the then Ku-ring-gai Residential Strategy.


FOKE shares the Mayor’s concern about the unacceptable loss of tree-canopy and asks that an audit be done on the cumulative loss of trees since 2004 as well as what planning controls are needed for climate-change resilience as we face increasingly dangerous bushfires, wild storms, flooding and extreme heat stress that will endangers the lives of residents and threaten the natural environment.

FOKE shares concerns townhouses in low residential areas in R2 zones would considerably alter the heritage character and environment of Ku-ring-gai.

FOKE shares the Mayor’s concern about significantly increasing Ku-ring-gai’s population without necessarily the funding for or provision of adequate infrastructure (transport, stormwater, education and recreation and environmental restoration projects) to support the increase.


FOKE requests that the four baseline studies (Heritage and Neighbourhood Character, Infrastructure, Environment and Traffic and Parking Studies) carried out for the preparation for the Ku-ring-gai Residential Strategy in 2002 be assessed in light of the development that has occurred since 2004.


For over twenty five years FOKE has argued that Ku-ring-gai requires planning controls that protect, threatened and endangered ecological communities, national parks and environmentally sensitive areas. 


We thank and commend this Mayoral Minute.


Yours sincerely


Kathy Cowley

President

PRESIDENT


cc  Matt Cross MP Member for Davidson

cc The Hon Alister Henskens SC MP Member for Wahroonga

cc The Hon Paul Fletcher MP Member for Bradfield

FOKE Thanks Mr McKee

FOKE President Kathy Cowley wrote to Jehn McKee, on 14 November 2023, thanking him for his service as Ku-ring-gai Council General Manager from 2006-2023.

Read FOKEs letter below:

Dear Mr McKee


FOKE wishes to thank you for your many years of service to Ku-ring-gai Council as its General Manager since 2006 and as its Director of Finance (2001-2006) since you first started working for Ku-ring-gai Council in 1998.  An enormous and respected legacy that is greatly appreciated.


We thank you for your leadership that has been important in protecting so much of Ku-ring-gai’s natural, built and cultural heritage from overdevelopment, forced amalgamation and higher density rezonings.


We greatly appreciate your determination to successfully oppose the NSW Government’s forced amalgamation agenda in 2017 and your record of sound financial management.


We recognise your significant achievements including your commitment to:


  • Heritage protection for Ku-ring-gai through the Gazettal of Heritage Conservation Areas across Ku-ring-gai Town Centres.
  • Environmental stewardship for Ku-ring-gai through an IPART approved Environmental Levy that provided $4 million a year for a range of environmental projects in 2019.
  • Establishing an award-winning open space acquisition strategy that has led to the creation of 15 new parks and playgrounds from 2006-2020.
  • Local government excellence as recognised by Ku-ring-gai Council winning the A R Bluett Award for best performing metropolitan council in NSW in 2014.
  • Ensuring Ku-ring-gai Council was one of the first councils to respond to the Greater Sydney Commission’s requirement for new local environmental plans with the adoption of Ku-ring-gai’s Local Strategic Planning Statement in 2020.
  • Implementation of a development contributions scheme to provide new community facilities in areas of high density development.
  • Sound financial management through a combination of rigorous debt reduction, increasing income, land purchases and strategic long-term planning.
  • Improving budget outcomes through the integration of Ku-ring-gai Council’s asset management, financial and operational planning and associated reporting.
  • Rate restructuring that provided $36 million for infrastructure renewal over 20 years.
  •  ‘Activate Ku-ring-gai Civic Redevelopment Program’ to revitalise Ku-ring-gai’s main centres.
  • $29 million multi-purpose recreational area for netball, soccer and golf for Ku-ring-gai residents.
  • $20 million fitness and aquatic centre at West Pymble.
  • Refurbishment and modernisation of Ku-ring-gai’s central library at Gordon.
  • Building a new Council depot at Pymble as well providing new headquarters for SES volunteer emergency services.
  • Provision of the large public space and underground parking for 130 cars at Lindfield.

We will not forget how you steered Ku-ring-gai Council through difficult State Government challenges.  Your successful management of Council’s financial performance ensured Ku-ring-gai Council was one of the only councils in NSW to meet the State Government’s financial criteria under the ‘Fit for the Future’ sustainability program. Nevertheless, the NSW State Government proposed merging Ku-ring-gai Council and Hornsby Council. When Ku-ring-gai Council resolved to oppose this merger, you led a successful legal challenge to the merger process resulting in a win in the Court of Appeal that maintained Ku-ring-gai’s independence.  


Thank you again for the huge difference you have made in leading, protecting and retaining so much of Ku-ring-gai’s natural, built and cultural heritage and in the strategic planning and delivery of new infrastructure for Ku-ring-gai.


We wish you the very best in your new endeavours ahead.


Yours sincerely

Kathy Cowley

President



PHOTO CAPTION: John McKee talking about how engaged his Senior Management team on a collective leadership journey for the Australian Applied Management Colloquium, 2014

For Ku-ring-gai’s sake reinstate GM

SPEECH TO PUBLIC FORUM, KU-RING-GAI COUNCIL by Mrs Kathy Cowley, FOKE President

Tuesday 12 September 2023

“The decision tonight to reinstate the General Manger Mr McKee is a critical one for residents and Ku-ring-gai. One we’re very unlikely to forget!

We are shocked and dismayed that Mr McKee has been sacked without any warning or due cause.  We believe the sacking is not only, opportunist, unfair and against the principals of due diligence and good governance by an elected body of council.  

You have provided no credible or rational reason to sack the GM.  By sacking him at the last meeting you usurped the council’s meeting agenda which was to discuss the General Managers performance for  which we believe was measured as more than satisfactory.

So where are the reasons for this sudden and unexplained action?

  1. There has been no evidence or allegations of maleficence.
  2. No suggestion of scandal or misconduct.
  3. No evidence of lack of capacity or ability to carry out his work.
  4. and no calling from the general community of Ku-ring-gai to sack him.


Your sudden and drastic decision can only be seen for what it is, a tawdry political hatchet job, made worse by the frantic jockeying to be the next Mayor next week. Backed and supported by a local MP, who has no role or no right to interfere in Ku-ring-gai Council decision making.

Further the group of six has used an ideological argument that “it’s time for a change” which is not a valid argument to sack a loyal General Manager and with no justification bought forward to support it. His performance has been assessed by many councillors and past mayors, three of whom have written a public letter of support for Mr McKee, and reinforcing the fact that the GM has had a more than satisfactory performance not just for the last two years but for the last 17 years.

The sacking of Mr McKee is a high-risk strategy with the potential to destabilise the senior staff, disrupt the day-to-day management of the council, and will undoubtedly cause reputational damage to council  and councillors.

We fear destabilisation of senior staff could lead to the intervention of the State Government – such as an appointment of an Administrator.

Residents need to rely on a stable Council with experienced staff that can lead Ku-ring-gai through the next tranche of massive rezonings for which we are warned are on the agenda by the Labor Government.   Mr McKee has a consistent track record in leading this council through major challenges.

Councillors have been elected to consult widely with their constituents and to make decisions in the public interest not political self-interests.   The community’s reaction to this decision should give cause for the six councillors to look at their own actions as to whether they have put in a satisfactory performance.  The community will have the opportunity to assess that at the ballot box.

For Ku-ring-gai’s sake we urge you to right a wrong and reinstate Mr McKee.”

FOKE Calls on Councillors to KEEP Mr McKEE

FOKE is deeply disturbed that six Ku-ring-gai Councillors – Sam Ngai, Alec Taylor, Greg Taylor, Barbara Ward, Simon Lennon and Christine Kay – recently voted to terminate Mr John McKee, as General Manager of Ku-ring-gai Council. 

In an effort to retain John McKee as General Manager, three Councillors – Martin Smith, Kim Wheatley and Jeff Pettett – put forward a rescission motion. 

FOKE strongly supports this rescission motion to retain McKee as Ku-ring-gai Council’s General Manager.

This rescission motion will be determined at an Extraordinary General Meeting of Council this Tuesday 12 September at the Gordon Council Chambers, commencing 6.00 pm. 

Speakers need to arrive 10 minutes before the start of the Public Forum to ensure they are on the list to speak.

It will be important for councillors to receive letters or from residents in addressing the Public Forum next Tuesday evening.

Speakers for the Public Forum need to be registered at the very latest with council by 5pm, Monday 11 September by calling 9424 0000, or by on line registration at https://www.krg.nsw.gov.au/Council/Council-meetings/Council-Meetings-and-Public-Forums

This Extraordinary General Meeting to determine the Rescission Motion to reinstate the General Manager will be held on the same night right after the Public Forum see https://eservices.kmc.nsw.gov.au/Infocouncil.Web/Open/2023/09/OMC_12092023_AGN_AT_EXTRA_WEB.htm

Please write to councillors at councillors@krg.nsw.gov.au  calling to support the Rescission Motion to reinstate Mr McKee as General Manager.

OR write individually to:

sngai@krg.nsw.gov.au;  ataylor@krg.nsw.gov.au; bward@krg.nsw.gov.au;  slennon@krg.nsw.gov.au;  gtaylor@krg.nsw.gov.au;  ckay@krg.nsw.gov.au;  cspencer@krg.nsw.gov.au; kwheatley@krg.nsw.gov.au;  jpettett@krg.nsw.gov.au;  martinsmith@krg.nsw.gov.au

FOKE has written to all councillors questioning the removal of the General Manager John McKee, at a time when the Council is being targetted by the Labor Government for more urban densification. 

FOKE has also expressed the view that the sudden and unexplained sacking of John McKee will lead to the destabilisation of senior staff and experienced management as well as bring reputational damage to the whole of Council.    

FOKE fears this destabilisation could lead to the intervention of the State Government.

What may appear a straightforward decision has the potential to bring many unintended high-risk consequences into play – the loss of experienced staff, sacking of all Councillors, imposition of an Administrator, loss of planning powers and control of certain development sites.

The Hornsby Ku-ring-gai Post has published an article in support of the General Manager Mr McKee quoting the views of three former Mayors Jennifer Anderson, Elaine Malicki and Cheryl Szatow who collectively have 50 years of local government experience between them and are very concerned by the sudden termination of Mr McKee.

https://www.hkpost.com.au/ku-ring-gai-general-manager-sacked-former-mayors-speak-out