north sydney council€¦ · north sydney council council chambers 21 march 2013 i wish to inform...

NORTH SYDNEY COUNCIL

Council Chambers 21 March 2013

I wish to inform you that a Meeting of the SPORT AND RECREATION REFERENCE GROUP will be held in the Ros Crichton Pavilion, North Sydney at 6.00pm on Monday 25 March 2013 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. PENNY HOLLOWAY GENERAL MANAGER

AGENDA

1. Welcome

2. Confirmation of Previous Minutes - standing item for future meetings

3. Matters Arising from Previous Minutes - standing item for future meetings

4. Reports 4.1 Sport and Recreation Reference Group Charter (SR01) 4.2 North Sydney Community Strategic Plan Review (SR02) 4.3 Capital Works Overview (SR03) 4.4 Synthetic Turf Surfaces Update (SR04) 4.5 North Sydney Olympic Pool Update (SR05)

Sport and Recreation Reference Group - 25/03/13 Page No 2

4.6 Code of Conduct - Outdoor Fitness Training (SR06)

5. General Business

5.1 Primrose Park Adventure Playground issues

5.2 Ilbery Reserve/Barry Street Park issues

6. Next Meeting Date - Monday 29 July 2013 Please Note: as this is the first meeting of this working group such citizen members have not yet been elected. Expressions of Interest are currently open.


BUSINESS 1. Minutes

Confirmation of Minutes of the previous North Sydney Sport and Recreation Group Meeting held on 16 August 2011. Note: due the Reference Group being in recess between 16 August 2011 and now these minutes are attached for reference only. No action required.

2. SR01: Sport and Recreation Reference Group Charter

Report of Jenny Gleeson, Manager Corporate Planning and Governance Council at its meeting of 4 March 2013 adopted the Charter (Attachment 1) for the reactivated Sport and Recreation Reference Working Group. The Charter outlines the aims/scope of the Reference Group as well as the role and function of Councillors and citizen members. In accordance with the adopted Charter, citizen members may consist of up to 16 members including up to 14 community representatives from local sporting clubs/associations, schools, personal trainers and industry experts community organisations operating in North Sydney; with a maximum of two representatives from any one group; and up to two individuals - North Sydney residents. Recruitment is currently underway therefore confirmation of citizen members for this Reference Group can not take place at the first meeting. Recommending: 1. THAT the information be noted.

3. SR02: North Sydney Community Strategic Plan Review

Report of Katrina Furjanic, Corporate Planning Coordinator This report provides an overview of the review of the Community Strategic Plan known as the 2020 Vision, North Sydney Community Strategic Plan 2009-2020. In accordance with legislative requirements, the Community Strategic Plan must be reviewed every four years. Each newly elected council must complete the review by 30 June in the year following the local government elections. In addition to reviewing the Community Strategic Plan, Council must also review by 30 June 2013, its accompanying Resourcing Strategy including Long Term Financial Plan, Asset Management Strategy and Workforce Strategy, as well as prepare a four year Delivery Program and Operational Plan and budget for 2013/14. Recommending: 1. THAT the information be noted.


4. SR03: Capital Works Overview

Report of Robert Emerson, Director Open Space and Environmental Services A verbal update will be give at the meeting regarding the following capital works projects committed to in the current financial year (i.e. 2012/13 budget):

a) Forsyth Park path linking Upper and Middle Terrace b) Cremorne Reserve Playground Upgrade c) Green Park Playground Upgrade d) Wollstonecraft Railway Station Park Playground Upgrade e) Tunks Park - re-levelling and irrigation f) North Sydney Olympic Pool - UV sanitation system g) Synthetic cricket wicket replacement h) Anderson Park cricket nets replacement

Recommending: 1. THAT the report be received.

5. SR04: Synthetic Turf Surfaces Update

Report of David Manson, Manager Parks and Reserves In 2007 a Synthetic Field Feasibility Study was prepared which identifies Cammeray Park as the number one site for conversion. Council’s current Sportsgrounds Plan of Management identifies Cammeray Park to be converted to a synthetic turf surface. A consultant is currently preparing the development application and this will be by completed mid April 2013. This will be reported to the Council Meeting of 13 May 2013, recommending the lodgment of the development application for this project. It is expected that the cost of this project will be in the vicinity of $1,200,000.00. Recommending: 1. THAT the report be received.

6. SR05: North Sydney Olympic Pool Update

Report of Robert Emerson, Director Open Space and Environmental Services Council at its meeting of 12 November 2012 considered a Notice of Motion from Cr Beregi regarding the sun deck at the North Sydney Olympic Pool. Council resolved to request the following: A report assessing the viability of allowing the NSOP sun deck to be available for function hire in the evenings; A table indicating usage of the sun deck during the day (each day, including weekends) by two hour periods; A costing outlining the expenses required to turn the space into a multi-use facility; A proposed fee for the hire of the sundeck in the evenings and any other additional implications (financial, insurance etc), based on hire fees for similar venues on the harbour foreshore; That the proposal be included as a project for consideration in the 2013/14 Budget; Consider location of crèche adjacent.


An interim response has been provided by the General Manager as outlined in Attachment 1. A planning proposal was been publicly exhibited regarding use of sun deck for functions and other commercial activities. A detailed report responding the above resolutions will be presented to Council in May 2013. Preparation of the budgets associated with the Community Strategic Plan (10 year) and Delivery Program (4 year) is currently underway. Recommending: 1. THAT the report be received.

7. SR06: Code of Conduct - Outdoor Fitness Training

Report of Jenny Gleeson, Manager Corporate Planning and Governance Council first adopted a Code of Conduct - Outdoor Fitness Training (i.e. corporate policy) on 28 November 2011. The Code (Attachment 1) was prepared following consultation with the Sport and Recreation Reference Group as well as external stakeholder feedback. The Code of Conduct was recently readopted by Council as part of the quadrennial review of Council’s Policy Manual. Recommending: 1. THAT the report be received.

8. General Business

N O R T H S Y D N E Y C O U N C I L

Sport and Recreation Reference Group

Report SR01 - 25 March 2013 Attachments:

1. Sport and Recreation Reference Group Charter 2. Code of Conduct - Volunteers and Community Representatives

SUBJECT: Sport and Recreation Reference Group Charter AUTHOR: Jenny Gleeson, Manager Corporate Planning and Governance EXECUTIVE SUMMARY: Council at its meeting of 4 March 2013 adopted the Charter (Attachment 1) for the reactivated Sport and Recreation Reference Working Group. The Charter outlines the aims/scope of the Reference Group as well as the role and function of Councillors and citizen members. In accordance with the adopted Charter, citizen members may consist of up to 16 members including up to 14 community representatives from local sporting clubs/associations, schools, personal trainers and industry experts community organisations operating in North Sydney; with a maximum of two representatives from any one group; and up to two individuals - North Sydney residents. Recruitment is currently underway therefore confirmation of citizen members for this Reference Group can not take place at the first meeting. RECOMMENDATION: 1. THAT the information be noted. Signed: Endorsed by: Director Corporate Services

Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Sport and Recreation Reference Group Charter

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 1. Our Living Environment Goal: 1.4 Provide appropriate public open space, recreation facilities and services

Direction: 4. Our Social Vitality Goal: 4.3 Encourage health and wellbeing

Direction: 5. Our Civic Leadership Goal: 5.2 Enhance community participation, collaboration and engagement BACKGROUND Council at its meeting of 27 November 2012 resolved, in part: THAT Council resolves to reactivate the Sport and Recreation Reference Group. THAT the existing Charters for continuing Committees, Reference Groups and Working Groups be reviewed and updated and that Charters be drafted for new/amended Committees, Reference Groups and Working Groups in accordance with Attachment 2 for presentation to Council, including setting limits on the number of citizen representatives per Reference Group and Working Group. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. DETAIL In accordance with the adopted Charter, citizen members may consist of up to 16 members including up to 14 community representatives from local sporting clubs/associations, schools, personal trainers and industry experts community organisations operating in North Sydney; with a maximum of two representatives from any one group; and up to two individuals - North Sydney residents. Recruitment is currently underway therefore confirmation of citizen members for this Reference Group can not take place at the first meeting. In summary the key aspects of the Sport and Recreation Reference Group Charter include:

a) The aims of the Reference Group are to: give residents, representatives from sporting clubs/associations, schools,

personal trainers and industry experts the opportunity to provide advice and feedback to Council on matters relevant to sport and recreation in the North Sydney local government area; and

Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Sport and Recreation Reference Group Charter

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assist Council to provide sporting and recreational facilities, infrastructure and services which best meet the sometimes varying and often competing needs of users, both now and in the future.

b) The functions (scope) of the Reference Group include but not be limited to: sport and recreation planning and policy development; strategic program reviews; facilitation of partnerships, community and user participation programs; and provision of support to specific project working groups established by Council

from time to time. a) Quorum is four participants - including at least three citizen members. b) The designated Councillor as elected by the Council will chair the Reference Group.

Cr MaryAnn Beregi has been elected Chairperson. c) The Reference Group does not have the power to incur expenditure, nor the power to

bind the Council. d) All elected Councillors are ex-officio members of all Reference Groups. e) Citizen membership is limited to 16 members as outlined previously. f) All citizen members are required to observe the provisions of Council’s Code of

Conduct - Volunteers and Community Representatives (Attachment 2). g) Non-members (i.e. members of the public) can register to address Reference Group

meetings. Each speaker is limited to three minutes per agenda item. These items will then be brought forward.

h) All Reference Group members and attendees (including speakers) shall register their name on the attendance record provided at the meeting.

i) A report on the proceedings of Reference Group meetings are to be submitted to the next available meeting of Council for endorsement, including all recommendations.

CHARTER


1. NAME Sport and Recreation Reference Group 2. STATUS Special interest group set up by resolution of North Sydney Council. 3. ESTABLISHED Established: 24 November 2008 (Min. No. 757) 18 April 2006 (Min. No. 271) Reconstituted: 27 November 2012 (Min. No. 708) Note: Reference Groups are reconstituted in September each year. 4. AIMS 4.1 To give residents, representatives from sporting clubs/associations, schools, personal

trainers and industry experts the opportunity to provide advice and feedback to Council on matters relevant to sport and recreation in the North Sydney local government area.

4.2 To assist Council to provide sporting and recreational facilities, infrastructure and

services which best meet the sometimes varying and often competing needs of users, both now and in the future.

5. SCOPE 5.1 The functions of the Sport and Recreation Reference Group shall include but not be limited to:

sport and recreation planning and policy development; strategic program reviews; facilitation of partnerships, community and user participation programs; and provision of support to specific project working groups established by Council

from time to time.

Sport and Recreation Reference Group Charter Page 2

6. QUORUM 6.1 The quorum is four participants - including at least three citizen members. 6.2 The designated Councillor as elected by the Council will chair the Reference Group. In the absence of the elected Councillor, another Councillor will chair the Reference Group. In the absence of a Councillor the senior Council Officer present shall take the chair. 7. POWERS OF COMMITTEE 7.1 The Reference Group does not have the power to incur expenditure. 7.2 The Reference Group does not have the power to bind the Council. 8. MEMBERSHIP 8.1 All elected Councillors shall be ex officio members of all Reference Groups.

8.2 Citizen Members - Up to 16 members consisting of:

a) Up to 14 community representatives from local sporting clubs/associations,

schools, personal trainers and industry experts community organisations operating in North Sydney; with a maximum of two representatives from any one group; and

b) Up to two individuals - North Sydney residents. 8.3 All Working Group members shall have equal voting rights.

8.4 Citizen members will be determined by advertising, calling for expressions of interest

for the positions in the local media and on Council’s website. Representatives will be selected on the basis of their stated experiences/skills/interest of relevance to the Reference Group.

9. TIMETABLE FOR MEETINGS 9.1 Three meeting will be held per year as published in Council’s Schedule of Meetings. 9.2 Meetings will be held on Monday evenings at 6.00pm. 9.3 A Reference Group meeting will be limited to a maximum of two hours’ duration unless the Reference Group meeting decides to continue the meeting until a later time or the completion of business. 9.4 Extraordinary meetings to be called as required.


9.5 If there are insufficient items/reports on the agenda (as determined by the General

Manager) a scheduled meeting may be deferred or cancelled up until three days before the meeting. Councillors and citizen members will be notified of the cancellation. Council’s website will also be updated accordingly.

10. MEETING PRACTICES AND PROCEDURES 10.1 The provisions of Council’s Code of Meeting Principles and Practices shall apply.

10.2 Council Officers will distribute soft copies of the draft minutes to Reference Group

members within one week of the meeting. Reference Group members will have one week to advise Council Officers of any errors or omissions from the minutes.

10.3 The minutes of a Reference Group meeting can only be confirmed and adopted by

resolution of that Reference Group, passed at a subsequent meeting of that Reference Group. A motion or discussion in respect of the Minutes shall not be in order except as to their accuracy as a record of proceedings. Minutes may not be amended to reflect second thoughts on a resolution - changes may only be made if the accuracy of the resolution is found to be at fault; as per the Code of Meeting Principles and Practices.

10.4 A report on the proceedings of Reference Group meetings are to be submitted to the next available meeting of Council for endorsement, including all recommendations. Any Councillor, irrespective of whether that Councillor is a member that Reference Group, may be the mover or seconder of a motion to confirm the proceedings of a Reference Group meeting.

10.5 Reference Group members will be provided with copies of the agendas and minutes of the meetings. The agendas and minutes of all meetings will also be made available from Council’s website. 10.6 Registrations to speak by non-members (i.e. members of the public) must be made by

12 Noon on the day of the meeting, by contacting Council's Governance Coordinator on 9936 8154. Each speaker is limited to three minutes per agenda item. These items will then be brought forward, in agenda order, and dealt with before items in which there is no interest from the public gallery.

10.7 All Reference Group members and attendees (including speakers) shall register their name on the attendance record provided at the meeting. 10.8 Non-members attending for the first time will include an e-mail/postal address on the attendance record for the receipt of minutes of the meeting they attended, and must indicate they wish to receive agendas and minutes for future meetings.


11. CONDUCT PROTOCOLS FOR PARTICIPANTS 11.1 All Councillor Reference Group members are required to observe the provisions of Council’s Code of Conduct - Councillors and Staff. 11.2 All Citizen Reference Group members are required to observe the provisions of

Council’s Code of Conduct - Volunteers and Community Representatives. 11.3 All Reference Group members as well as other participants are expected to

observe the following protocols:

11.3.1 General Responsibilities:

a) Be courteous to other participants, Council staff and Councillors; b) Help to create an environment that is free of harassment and

discrimination; and c) Protect the health, safety and welfare of yourself and others at

meetings and related activities.

11.3.2 Declarations of Interest:

a) Speakers at Reference Group meetings may have a personal (non-pecuniary) or financial (pecuniary) interest in matters being discussed by the Reference Group.

b) Participants are required to disclose any interest in a matter under discussion, particularly when the interest is one of a pecuniary nature. Such declarations will be noted in the minutes.

c) A conflict of interest does not mean that you will be barred from participating in a meeting. Instead, it allows others to understand your position and prevents criticism of Council activities or decisions at a later date.

d) If you are paid lobbyist representing an individual or group, you are required under Council’s Lobbyist Policy to declare your role and to register as a lobbyist on Council’s Lobbyist Register.

11.3.3 Gifts or Benefits - Participants should not offer to a Councillor or Council

staff member a gift or benefit that is:

a) designed to gain advantage for yourself or a group you represent; or b) may be perceived by the public to give advantage to you or a group

you represent. 11.3.4 Alcohol and Drugs - Reference Group members and participants shall not

attend meetings whilst under the influence of alcohol or other drugs that could impair your ability or cause danger to the safety of yourself or others.

12. PRIVACY


12.1 All Reference Group members are required to observe the provisions of Council’s

Code of Conduct - Volunteers and Community Representatives relating to their access to personal information.

13. ACCESS TO COUNCIL CODES, POLICIES AND GUIDELINES 13.1 Related Council Codes, Policies and Guidelines, including the Code of Meetings

Principles and Practices, Code of Conduct - Councillors and Staff, Code of Conduct - Volunteers and Community Representatives and Lobbyist Policy may be viewed on Council’s website and/or hard copies may obtained upon request from Council’s Corporate Planning and Governance Department.

D5-06

CODE OF CONDUCT - VOLUNTEERS AND COMMUNITY REPRESENTATIVES Page 1 of 4

Re-adopted by Council 18 February 2013

Policy Owner:

Director Corporate Services

Category:

5. Our Civic Leadership

1. INTRODUCTION North Sydney Council values the work that members of our community contribute through their role as volunteers and Reference Group or special interest group members (i.e. community representatives). Council could not achieve a number of its objectives without the active participation and contribution of citizen members, who give generously of their time and knowledge to make North Sydney an enviable place to live and visit.

Council is committed to high ethical standards for everyone who works with Council in a paid, voluntary or elected capacity.

Volunteers and community representatives are asked to commit to Council’s ethical standards and to perform their duties with integrity, honesty and fairness.

This Code of Conduct outlines the responsibilities of volunteers and community representatives in areas such as conflicts of interest, gifts and personal information. 2. KEY RESPONSIBILITIES Volunteers and community representatives are responsible for their own good conduct. As part of good conduct, volunteers and community representatives are asked to:

a) be courteous to the public, Councillors, Council staff and other volunteers and

community representatives; b) obey all laws; c) uphold environmental responsibilities, such as disposing of litter or chemicals

appropriately; d) help create a working environment that is free of harassment and discrimination; and e) protect the health, safety and welfare or themselves and others in a workplace or

public arena.

3. CONFLICT OF INTERESTS A conflict of interest arises when our own interests, or those of people close to us, conflict with our obligations to the Council. For example, a conflict would exist if a personal interest influenced the way a volunteer or community representative carried out their duties for Council.

If a conflict of interest arises in any area of voluntary work with Council, it should be disclosed to Council. A conflict of interest does not mean that a volunteer or community

CODE OF CONDUCT - VOLUNTEERS & COMMUNITY REPRESENTATIVES Page 2 of 4


representative would be barred from participating in a meeting or activity. Instead, it allows others to understand their position and prevents criticism of Council activities or decisions at a later date.

Community representatives are often invited to participate in Council Reference Groups or special interest groups because of their specific knowledge, experience and expertise. This personal interest is generally well understood and would not need to be disclosed.

A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated (Sections 442 and 443 of the Local Government Act 1993). Any questions regarding whether a conflict of interest exists can be discussed with Council’s Director Corporate Services (who is also Council’s Public Officer). 4. GIFTS OR BENEFITS No volunteer or community representative should offer a Councillor or Council staff member a gift or benefit that:

a) is designed to gain advantage for themselves or a group they represent; or b) may be perceived by the public to give advantage to themselves or a group they

represent. Similarly, volunteers or community representatives should not accept gifts or benefits that could appear to give an advantage to the donor. Token gifts may be given or accepted; token gifts include small items such as a bunch of flowers or box of chocolates.

Cash incentives must not be offered to, or accepted by, a Councillor, Council staff member, volunteer or community representative under any circumstances.

If a volunteer or community representative is offered a gift or benefit that is not considered token it should be reported to Council’s Public Officer. Or, if a volunteer or community representative is not sure if the gift or benefit would be considered token, they should contact Council’s Public Officer. Openness about such matters prevents unfair criticism at a later date. 5. CONFIDENTIAL AND PERSONAL INFORMATION

A volunteer or community representative may have contact with confidential or personal information retained by Council. If so, they must maintain the security of any confidential or



personal information and not access, use or remove any information, unless they are authorised to do so.

Privacy legislation governs the collection, holding, use, correction, disclosure and transfer of personal information. Further information about the legislation can be obtained from Council’s Public Officer.

Any breach of the security or misuse of Council’s confidential or personal information should be reported to Council’s Public Officer. 6. COUNCIL RESOURCES Council resources should only be used for Council purposes unless approval has been given. Council resources include materials, equipment, vehicles, documents, records, data and information. 7. PUBLIC COMMENT From time to time, volunteers and community representatives are contacted by the media for information or comment. While they may speak as a member of the public, we ask that they do not make any public statement to the media or at public events that would lead someone to believe that they are speaking on behalf of Council or expressing its views or policies. 8. ALCOHOL AND DRUGS Volunteers and community representatives should not carry out their duties for Council while under the influence of alcohol or other drugs that could impair their ability or cause danger to the safety of themselves or others.

9. REPORTING CORRUPTION, MALADMINISTRATION AND WASTE Volunteers and community representatives can help Council to maintain our ethical standards by reporting any suspected incidences of corruption, maladministration or serious and substantial waste.

These can be reported to the General Manager or the Public Officer. Alternatively, any suspected instances of corruption can be reported to the Independent Commission Against Corruption (ICAC) and any instances of maladministration to the Ombudsman.

A community representative may be considered to be a public official for the purposes of the Independent Commission Against Corruption (ICAC) Act 1988 and subject to the ICAC’s jurisdiction.



10. NORTH SYDNEY COUNCIL’S COMMITMENT Council is committed to the standards in this Code of Conduct. They reflect the high standards expected by our community, and volunteers and community representatives are expected to maintain these standards and principles when providing their services to Council. Volunteers or community representatives who breach these standards may be asked resign from their role with Council. 11. RELATED POLICIES/DOCUMENTS/LEGISLATION The Policy should be read in conjunction with the following Council policies and documents:

Access to Council Information Policy Code of Conduct - Councillors and Staff Code of Meeting Principles and Practices Community Engagement Policy Complaints Handling Policy Gifts and Benefits Policy Open Government Policy Privacy Management Plan Volunteer Policy

The Policy should be read in conjunction with the following documents/legislation:

Independent Commission Against Corruption Act 1988 Local Government Act 1993 Model Code of Conduct for Local Councils in NSW (March 2013)

12. FOR ASSISTANCE/INFORMATION ABOUT THIS CODE: For more information or assistance with this Code of Conduct contact Council’s Director Corporate Services/Public Officer on 9936 8100.

Version Date Approved Approved by Resolution No. Review Date 1 2 May 2005 Council 392 2008/09 2 16 February 2009 Council 61 2012/13 3 18 February 2013 Council 61 2016/17



Report SR02 - 25 March 2013 Attachments

Nil SUBJECT: North Sydney Community Strategic Plan Review AUTHOR: Katrina Furjanic, Corporate Planning Coordinator EXECUTIVE SUMMARY: This report provides an overview of the review of the Community Strategic Plan known as the 2020 Vision, North Sydney Community Strategic Plan 2009-2020. In accordance with legislative requirements, the Community Strategic Plan must be reviewed every four years. Each newly elected council must complete the review by 30 June in the year following the local government elections. In addition to reviewing the Community Strategic Plan, Council must also review by 30 June 2013, its accompanying Resourcing Strategy including Long Term Financial Plan, Asset Management Strategy and Workforce Strategy, as well as prepare a four year Delivery Program and Operational Plan and budget for 2013/14. RECOMMENDATION: 1. THAT the information be noted. Signed: Endorsed by: Director Corporate Services

Report of Katrina Furjanic, Corporate Planning Coordinator Re: North Sydney Community Strategic Plan Review

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5. Our Civic Leadership Goal: 5.1 Lead North Sydney into a sustainable future BACKGROUND Local councils in NSW are required to undertake their planning and reporting activities in accordance with the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005. In accordance with this Integrated Planning and Reporting legislation, the 2020 Vision, North Sydney Community Strategic Plan 2009-2020, was adopted by Council at its meeting of 30 November 2009. The document was readopted by Council on 21 June 2010, following minor amendments that were required following the development of the accompanying sub-plan Delivery Program 2010/11-2013/14. SUSTAINABILITY STATEMENT The sustainability implications were considered and reported on during the initiation phase of this project. DETAIL The following details the key components of Council’s Integrated Planning and Reporting Framework that require review by 30 June 2013: 1. Community Strategic Plan The Community Strategic Plan is the highest level plan that a council will prepare. The purpose of the plan is to identify the community’s main priorities and aspirations for the future and to plan strategies for achieving these goals. In doing this, the planning process must consider the issues and pressures that may affect the community and level of resources that will realistically be available to achieve its aims and aspirations. While a council has a custodial role in initiating, preparing and maintaining the Community Strategic Plan on behalf of the local government area, it is not wholly responsible for its implementation. Other partners, such as state agencies and community groups may also be engaged in delivering the long term objectives of the Plan. Council has prepared and adopted a Community Engagement Strategy (CES) to guide the review of the Community Strategic Plan. Stakeholder engagement is occurring at various times during this seven month period as outlined in the following table.


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Phase Timing 1. Research and Scoping November 2012-February 20132. Identify aspirations and expectations; and prepare draft

goals and strategies February-April 2013

3. Developing, allocating and costing strategies April-May 2013 4. Final Community Strategic Plan Preparation May-June 2013

In summary the Community Engagement Strategy involves:

a) Complete the reply paid postcard, or alternatively the online feedback form; b) Submit a photo of what you like, or don't like about living and working in North

Sydney, together with a short description. c) Submit a drawing - open to children aged up to 12 years of age; d) Review the Directions Discussion Paper and make a written submission e) Comment on Facebook; f) Join our online consultation panels - Voice Box; g) The periodic Customer Satisfaction Survey which seeks feedback regarding resident

and business satisfaction with Council services from a 600 randomly selected respondents; and

h) Focus groups - including Students and Business Forums and targeted surveys e.g. Parents and Carers.

2. Resourcing Strategy In accordance with Section 403 of the Act, councils must prepare a long term Resourcing Strategy to achieve the objectives established by the Community Strategic Plan, for which it is responsible. The strategy must include provision for long term financial planning (minimum 10 years), asset management planning (minimum 10 years) and workforce management planning (minimum four years, aligning with the Delivery Program). The Community Strategic Plan provides a vehicle for expressing long term community aspirations. However, these will not be achieved without sufficient resources - time, money, assets and people - to carry them out. The Resourcing Strategy is the point where Council assists the community by sorting out who is responsible for what, in terms of the issues identified in the Community Strategic Plan. Some issues will clearly be the responsibility of Council, some will be the responsibility of other levels of government and some will rely on input from community groups or individuals. Council’s current resourcing strategy was prepared initially in 2010 as three separate but interrelated documents - Long Term Financial Plan 2010/11-2019/20, Asset Management Strategy 2010/11-2019/20 and Workforce Strategy 2010/11-2013/14. It has been updated annually in conjunction with the preparation of the Operational Plan and components readopted following public exhibition. 2.1 Long Term Financial Plan The Long Term Financial Plan must be used to inform decision making during the finalisation of the Community Strategic Plan and the development of the Delivery Program. Council has updated its Long Term Financial Plan 2010/11-2019/20 annually as part of the development of the Operational Plan.


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Council must review the Long Term Financial Plan 2010/11-2019/20 in detail, as part of the four yearly review of the Community Strategic Plan. In reviewing the plan we must take into consideration the current (approved) special rate variation. Council is currently operating in accordance with Scenario 2B of the plan which includes the approved rate variation. In the new plan Scenario 2B will become Scenario 1, known as the ‘base case’. Development of the revised plan will occur during Phase 3 of the review of the Community Strategic Plan as outlined above. Due to the rate variation Council’s current plan will be rolled forward by at least four years. 2.2 Asset Management Strategy Council must prepare an Asset Management Strategy and Asset Management Plan/s to support the Community Strategic Plan and Delivery Program. Council must account for and plan for all of the existing assets under its ownership, and any new asset solutions proposed in its Community Strategic Plan and Delivery Program. The Asset Management Strategy must identify assets that are critical to Council’s operations and outline risk management strategies for these assets. The plan must also include specific actions required to improve council’s asset management capability and projected resource requirements and timeframes. Development of Council’s revision of Asset Management Strategy and Asset Management Plan/s will occur during Phase 3 of the review of the Community Strategic Plan as outlined above, in conjunction with the review of the Long Term Financial Plan and Delivery Program. 2.3 Workforce Strategy

A Workforce Management Strategy must be developed to address the human resourcing requirements of Council’s Delivery Program. It must be for a minimum timeframe of 4 years. Development of the revised plan will occur in occur during Phase 3 of the review of the Community Strategic Plan as outlined above, in conjunction with the review of the Long Term Financial Plan and Delivery Program. 3. Delivery Program

The Delivery Program systematically translates the community’s strategic goals, for which Council is responsible for, into actions. These are the principal activities to be undertaken by Council to implement the strategies established by the Community Strategic Plan within the resources available under the Resourcing Strategy. The Delivery Program is a statement of commitment to the community from each newly elected council. In preparing the program, Council is accounting for its stewardship of the community’s long term goals, outlining what it intends what it intends to do towards achieving these goals during its term of office and what its priorities will be. Preparation of Council’s Delivery Program for the period 2013/14 to 2016/17 will occur during Phase 3 of the review of the Community Strategic Plan as outlined above. Council must consider priorities and expected levels of service expressed by the community during


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the engagement process for the Community Strategic Plan when preparing its Delivery Program. 4. Operational Plan Supporting the Delivery Program is an annual Operational Plan. It outlines the individual projects and activities that will be undertaken each year to achieve the commitments made in the Delivery Program. Year 4 (2013/14) of the current Delivery Program will be used as the basis for the preparation of Year 1 of the new plan and hence the basis of the 2013/14 Operational Plan. In accordance with Section 405 of the Act, Council must adopt its annual Operational Plan before the beginning of each financial year, outlining the activities to be undertaken that year, as part of the Delivery Program. The Operational Plan must include the Statement of Revenue Policy. The Draft Community Strategic Plan, Draft Resourcing Strategy, Draft Delivery Program, and Draft Operational Plan will be placed on exhibition for a minimum of 28 days, in accordance with legislative requirements to provide the community an opportunity to make a submission.



Report SR03 - 25 March 2013 Attachments

Nil

SUBJECT: Capital Works Overview AUTHOR: Robert Emerson, Director Open Space and Environmental Services EXECUTIVE SUMMARY: A verbal update will be give at the meeting regarding the following capital works projects committed to in the current financial year (i.e. 2012/13 budget):

a) Forsyth Park path linking Upper and Middle Terrace b) Cremorne Reserve Playground Upgrade c) Green Park Playground Upgrade d) Wollstonecraft Railway Station Park Playground Upgrade e) Tunks Park - re-levelling and irrigation f) North Sydney Olympic Pool - UV sanitation system g) Synthetic cricket wicket replacement h) Anderson Park cricket nets replacement

RECOMMENDATION: 1. THAT the report be received. Signed: Director Open Space and Environmental Services



Report SR04 - 25 March 2013

Attachments: 1. Previous Report OSES01 – 28 April 2008

2. Regional approach to delivery of synthetic sportsfields

SUBJECT: Synthetic Turf Surfaces AUTHOR: David Manson - Manager Parks and Reserves EXECUTIVE SUMMARY: The Synthetic Field Feasibility study carried out in 2007 identifies Cammeray Park as the preferred site for conversion of a grass field to a synthetic surface, based on objective assessment criteria. The current Sportsgrounds Plan of Management identifies as a project that Cammeray Park be converted to a synthetic turf surface and the existing delivery plan identifies this project to be commenced in 2014/15 (pending funding availability). At present a planning consultant has been engaged to prepare the required development application for these works and this will be completed mid April. When this development application is compiled a report will then be written for the Council meeting of the 13th May 2013 recommending that Council lodge the required development application for this project. It is expected that the cost of this project that would include the synthetic surfacing and improving the existing sportsfield lighting will be in the vicinity of $1,300,000.00. Occurring in tandem there is a regional planning approach being undertaken for the delivery of Synthetic Sportsfields through the Northern Sydney Region Organisation of Councils (NSROC) RECOMMENDATION: 1. THAT the information be received Signed: Endorsed by: Director Open Space and

Environmental Services

Report of David Manson - Manager Parks and Reserves Re: Synthetic Turf Surfaces

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BACKGROUND Council at its meeting of 28 April 2008 resolved, in part:

1. THAT Council proceed with the planning and design of an FFA approved synthetic surface for soccer with a star rating of 2 at Cammeray Park, as a priority.

2. THAT Council continue to work in partnership with the sport of Hockey, including local Hockey Clubs and interested Schools, towards the provision of a synthetic hockey pitch at Primrose Park.

SUSTAINABILITY STATEMENT This report deals with (draft) State Government Legislation/Policy which may have a substantial effect on sustainability. This report is for information purposes only; a sustainability assessment was not undertaken. DETAIL Consultants were commissioned in 2007 to undertake a Feasibility Study that investigates the potential development of either a synthetic soccer or synthetic hockey pitch in one of six nominated sportsfields within North Sydney. The Study was one of the high priority recommendations from the Recreation Needs Study. The Study analysed the requirements and needs of key stakeholders, the demand for both soccer and hockey and identified the most appropriate development option, which will suit both park and sport needs. A draft final report was received early in 2008 that recommended: 1. Council proceed with the installation of a synthetic surface for soccer at Cammeray Park, as priority. 2. Council should install an FFA approved surface with a star rating of 2. 3. Council seek formal quotations for the installation of such a surface from at least two suppliers. 4. Council consider the provision for a synthetic hockey pitch at Primrose Park at a later date. With this recommendation the current Sportsgrounds Plan of Management identifies Cammeray Park to be converted to a synthetic turf surface. At present a planning consultant is preparing the development application for this project and this will be completed mid April 2013. The development application includes: 1. Provide a statement of Environmental Effects in relation to this project 2. Provide a traffic report for the surrounding area of the site this report that includes

Report of David Manson - Manager Parks and Reserves Re: Synthetic Turf Surfaces

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Existing Traffic Situation Details of the Proposal Traffic Generation Parking Provision Traffic Impacts Parking Impacts Recommendations to minimise traffic and parking impacts

3. Scale drawings of the site and the proposed new facility including detail on fencing,

drainage and site levels. 4. Lighting assessment detailing the proposed maximum lux levels for lights 5. An acoustic report to provide details of existing background noise levels at crucial times. 6. Tree report from an Arborist outlining impacts on any trees that may be effected by the

development A report will be written for the Council meeting scheduled for the 13th May 2013 recommending the lodgment and exhibition of the development application for this project. It is expected that the cost of this project will be in the vicinity of $1,300,000.00. Occurring in tandem there is a regional planning approach being undertaken for the delivery of Synthetic Sportsfields through NSROC. The NSROC group of Councils has been working on a regional approach to improving the availability of open space for sport through the introduction of synthetic surfaces to existing and planned sports grounds. Attached is a recent presentation of this working group for information.

DECISION OF 3486TH COUNCIL (ASSESSMENTS) MEETING HELD ON 28/04/08

264. OSES01: Synthetic Surface Sports Field Feasibility Study Report of Christine Deaner, Recreation Planner – 22/04/08 Consultants were commissioned in 2007 to undertake a Feasibility Study that investigates the potential development of either a synthetic soccer or synthetic hockey pitch in one of six nominated parks within North Sydney. The Study was one of the high priority recommendations from the Recreation Needs Study completed in 2005. The Study analysed the requirements and needs of key stakeholders, the demand for both soccer and hockey and identified the most appropriate development option, which will suit both park and sport needs. A draft final report was received early in 2008 that recommended: 1. Council proceed with the installation of a synthetic surface for soccer at

Cammeray Park, as a priority. 2. Council should install an FFA approved surface with a star rating of 2. 3. Council seek formal quotations for the installation of such a surface from at

least two suppliers. 4. Council consider the provision for a synthetic hockey pitch at Primrose Park

at a later date. After its circulation to all members of the North Sydney Sport and Recreation Reference Group, the consultants’ report was discussed at the fourth meeting of the Reference Group on 19 February 2008. The Group resolved to request the consultants to consult with the Sydney University Hockey Club (Juniors) who were not consulted in the preparation of the draft final report. Subsequently, the consultants held discussions with a representative of the Club as well as discussions with the newly nominated representative of Wenona College and submitted a final report to reflect the results of these discussions. The report’s recommendations remained unchanged. The Mayor and Councillors were each circulated with a copy of the Final Report on 21 April 2008. Recommending: 1. THAT Council proceed with the planning and design of an FFA approved

synthetic surface for soccer with a star rating of 2 at Cammeray Park, as a priority.

2. THAT Council continue to work in partnership with the sport of Hockey, including local Hockey Clubs and interested Schools, towards the provision of a synthetic hockey pitch at Primrose Park.

RESOLVED: THAT the report be adopted.

The Motion was moved by Councillor Ritten and seconded by Councillor Zimmerman.

ITEM OSES01 REPORTS 28/04/08 N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager

SUBJECT: Synthetic Surface Sports Field Feasibility Study AUTHOR: Christine Deaner, Recreation Planner – 22/04/08 SUMMARY: Consultants were commissioned in 2007 to undertake a Feasibility Study that investigates the potential development of either a synthetic soccer or synthetic hockey pitch in one of six nominated parks within North Sydney. The Study was one of the high priority recommendations from the Recreation Needs Study completed in 2005. The Study analysed the requirements and needs of key stakeholders, the demand for both soccer and hockey and identified the most appropriate development option, which will suit both park and sport needs. A draft final report was received early in 2008 that recommended: 1. Council proceed with the installation of a synthetic surface for soccer at Cammeray Park,

as a priority. 2. Council should install an FFA approved surface with a star rating of 2. 3. Council seek formal quotations for the installation of such a surface from at least two

suppliers. 4. Council consider the provision for a synthetic hockey pitch at Primrose Park at a later

date. After its circulation to all members of the North Sydney Sport and Recreation Reference Group, the consultants’ report was discussed at the fourth meeting of the Reference Group on 19 February 2008. The Group resolved to request the consultants to consult with the Sydney University Hockey Club (Juniors) who were not consulted in the preparation of the draft final report. Subsequently, the consultants held discussions with a representative of the Club as well as discussions with the newly nominated representative of Wenona College and submitted a final report to reflect the results of these discussions. The report’s recommendations remained unchanged. The Mayor and Councillors were each circulated with a copy of the Final Report on 21 April 2008.

(2) Report of Christine Deaner, Recreation Planner – 22/04/08 Re: Synthetic Surface Sports Field Feasibility Study

RECOMMENDATION: 1. THAT Council proceed with the planning and design of an FFA approved synthetic

surface for soccer with a star rating of 2 at Cammeray Park, as a priority. 2. THAT Council continue to work in partnership with the sport of Hockey, including local

Hockey Clubs and interested Schools, towards the provision of a synthetic hockey pitch at Primrose Park.

Financial Implications: The funding implications are set out in the report. An allocation of $30,000 has been provided for in the 2008/09 budget for design, consultation and development approval. Signed ____________________________ Endorsed by _______________________________ Director of Open Space & Environmental Services Comment by Director, Finance & Information Management: Funding for the project is appropriate. ____________________________________


DETAIL Council’s Recreation Needs Study, adopted in August 2005, identifies the current recreation needs of the North Sydney community by assessing existing supply against demonstrated needs in order to identify shortfalls of provision. The study provides Council with a sound basis upon which it can plan, organise and manage the provision and orderly development of recreation services and facilities in the North Sydney area. The study’s recommendations are presented in the form of key strategies, and an action plan sets out how these strategies could be implemented by Council over the next 10 years. Council is currently implementing, partially implementing or has completed a number of the strategies detailed in the Recreation Needs Study. One of the strategies relates to Organised Sport and one of the projects identified for implementation in the short term was to investigate the feasibility of upgrading the hockey field at Primrose Park to include a multi-use synthetic surface, night lighting and all-weather cover. Accordingly, consultants were commissioned in 2007 to undertake a Feasibility Study that investigates the potential development of either a synthetic soccer or synthetic hockey pitch in one of six nominated parks within North Sydney. The Study analysed the requirements and needs of key stakeholders, the demand for both soccer and hockey and identified the most appropriate development option, which will suit both park and sport needs. A draft final report was received early in 2008 that recommended: 1. Council proceed with the installation of a synthetic surface for soccer at Cammeray Park,

as a priority.

2. Council should install an FFA approved surface with a star rating of 2.

3. Council seek formal quotations for the installation of such a surface from at least two suppliers.

4. Council consider the provision for a synthetic hockey pitch at Primrose Park at a later date.

After its circulation to all members of the North Sydney Sport and Recreation Reference Group, the consultants’ report was discussed at the fourth meeting of the Reference Group on 19 February 2008. The Group resolved to request the consultants to consult with the Sydney University Hockey Club (Juniors) who were not consulted in the preparation of the draft final report. Subsequently, the consultants held discussions with a representative of the Club as well as discussions with the newly nominated representative of Wenona College and submitted a final report to reflect the results of these discussions. The report’s recommendations remained unchanged.


FUNDING Financial Implications It is estimated that design, consultation and development approval costs are approximately $30,000. The consultants’ report estimated a maximum probable cost for a synthetic sports field of $800,000. The consultants also identified a number of construction variations. Therefore, a project cost of $900,000 is estimated. Subject to development approval, no funding allocation has been made within the next three years. External funding will need to be sought. Anticipated Start: May 2008 Anticipated Completion: December 2008 Responsible Officer: Christine Deaner

Regional Approach to Delivery ofSyntheti c Spo rtsfi el d s

WHY A REGIONAL APPROACH?

o Some cost savingso Addresses pressing needs across region

o Demonstrates commitment toward ownership ofRegional Strategy

o Sk¡lls development and transfer across Coun ilso lmprove capacity across NSROC for regional

approach with relatively low risk

o Establishes a basis for further development of aregional based service delivery model

o Innovative approach

o

OPTIONS:

Proposals based on. Cost estimate of $1.3-$1.5 million per field. Focused towards renewal / upgrade of existing assets. New projects could be considered

Numerous options possible. All require partnership approach with users and State Government. Two most obvious options identified below

5-7 year programme- all Councils commit funding each year for combined pool

(one per year)

- 6 fields delivered

- Relatively low cost / risk approach for each Council

- Financial returns can fund maintenance and long term renewal

o

1

OPTIONS (continued)

2. 2-3 years programme- requires borrowing through LIR programme or similar- Potential lower cost through income funding some capital

repayment

- 6 fields delivered across region

II

i

,.']

SOME ASSUMPTIONS

o Estimated cost $1.3 million per field

o User contribution I gift of $250 K per field

o State Government funding of $300-350 K perfield

Partnershi p Programme). $50,000 per field from Sport & Recreation

(existing programmes)

o Council's need to fund approximately $700,000per

a

ASSUM PTIONS (Continued)

lncome From Fields

Oval Fees : nominally set at $SO per hour

Low income target of $75,000 necessitates 1,500 hours paid use perannum (29 hours per week).

Median income target is $90,000 per annum which requires 1,80hours of paid use (35 hours per week)

High income target is $105,000 per annum which requires ,100hours of paid use (41 hours per week)

The surfaces can generally sustain up to 75 hours per week, soeach example provides for either additional income or a minimum of35 hours per week of free use (e.g. local schools within NSROCregion)

LARGELY SELF FUNDING

Year

lncome (000s)

Expenses

Mtce Repairs

Replacesurface

lnterest onloan (LIRS)

Transfer toReserve

75 77 79 81 83 85 88 91 94 97

28 29 30 31 33 34 36 37 39 20

350

30 30 30 30 30

17 18 19 20 20 51 52 54 55 (273)

0000000000

NEXT STEPS

o Sign off on list of sites

o Preferred model for delivery (other optio s)

o Structure of an agreement and deliver model(greater financial r¡gour)

o Full report to GMAC in March

o High level discussion with user groups - lateMarch initial approach to State MPs / Sport& Rec Minister

o April lMay papers and presentation to Board




Attachments: 1. Notice of Motion - 12 November 2012

SUBJECT: North Sydney Olympic Pool Update AUTHOR: Robert Emerson, Director Open Space and Environmental Services EXECUTIVE SUMMARY: Council at its meeting of 12 November 2012 considered a Notice of Motion from Cr Beregi regarding the sun deck at the North Sydney Olympic Pool. Council resolved to request the following:

a) A report assessing the viability of allowing the NSOP sun deck to be available for function hire in the evenings;

b) A table indicating usage of the sun deck during the day (each day, including weekends) by two hour periods;

c) A costing outlining the expenses required to turn the space into a multi-use facility;

d) A proposed fee for the hire of the sundeck in the evenings and any other additional implications (financial, insurance etc), based on hire fees for similar venues on the harbour foreshore;

e) That the proposal be included as a project for consideration in the 2013/14 Budget;

f) Consider location of crèche adjacent. An interim response has been provided by the General Manager as outlined in Attachment 1. A planning proposal was been publicly exhibited regarding use of sun deck for functions and other commercial activities. A detailed report responding the above resolutions will be presented to Council in May 2013. Preparation of the budgets associated with the Community Strategic Plan (10 year) and Delivery Program (4 year) is currently underway. RECOMMENDATION: 1. THAT the report be received. Signed: Director Open Space and Environmental Services

Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: North Sydney Olympic Pool Sun Deck - Notice of Motion 59/12

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BACKGROUND The Notice of Motion (Attachment 1) was adopted by Council at its meeting of 12 November 2012. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and as such did not warrant a detailed assessment. DETAIL An interim response has been provided by the General Manager as outlined in Attachment 1. A detailed report responding the above resolutions will be presented to Council in May 2013. Preparation of the budgets associated with the Community Strategic Plan (10 year) and Delivery Program (4 year) is currently underway.

DECISION OF 3614th COUNCIL (ASSESSMENTS) MEETING HELD ON 12 NOVEMBER 2012

693. NoM05: Notice of Motion No. 59/12 by Councillor Beregi - 7/11/12

Re: North Sydney Pool Sun Deck 1. THAT Council resolve to request the following:

A report assessing the viability of allowing the NSOP sun deck to be available for function hire in the evenings;

A table indicating usage of the sun deck during the day (each day, including weekends) by two hour periods;

A costing outlining the expenses required to turn the space into a multi-use facility; and

A proposed fee for the hire of the sundeck in the evenings and any other additional implications (financial, insurance etc), based on hire fees for similar venues on the harbour foreshore.

General Manager's Note More extensive use of the sun deck at the Pool has been under consideration for some time. However as there are planning issues associated with the proposed change of use from recreation use to use for functions, Council has had to seek independent planning advice. This has been received and a planning proposal will be prepared to help us proceed with the opportunity to use the sun deck as a function space. This will be reported to Council as soon as possible.

By Consent the Motion was amended to read: 1. THAT Council resolve to request the following:

A report assessing the viability of allowing the NSOP sun deck to be available for function hire in the evenings;

A table indicating usage of the sun deck during the day (each day, including weekends) by two hour periods;

A costing outlining the expenses required to turn the space into a multi-use facility; and

A proposed fee for the hire of the sundeck in the evenings and any other additional implications (financial, insurance etc), based on hire fees for similar venues on the harbour foreshore.

That the proposal be included as a project for consideration in the 2013/14 Budget

Consider location of crèche adjacent. The Motion as amended was moved by Councillor Beregi, seconded by Councillor Burke and carried. Voting was as follows: For/Against 9/1

Councillor Yes No Councillor Yes No Gibson Y Morris Y Reymond Y Clare N Carr Y Baker Y Bevan Y Robertson Y Butcher Absent Marchandeau AbsentBurke Y Beregi Y Barbour Y




Attachments: 1. Code of Conduct - Outdoor Fitness Training

2. Previous Report - 28 November 2011

SUBJECT: Code of Conduct - Outdoor Fitness Training AUTHOR: Robert Emerson, Director Open Space and Environmental Services EXECUTIVE SUMMARY: Council first adopted a Code of Conduct - Outdoor Fitness Training (i.e. corporate policy) on 28 November 2011. The Code (Attachment 1) was prepared following consultation with the Sport and Recreation Reference Group as well as external stakeholder feedback. The Code of Conduct was recently readopted by Council as part of the quadrennial review of Council’s Policy Manual. RECOMMENDATION: 1. THAT the report be received. Signed:

Report of Robert Emerson, Director Open Space and Environmental Services Re: Code of Conduct - Outdoor Fitness Training

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Direction: 4. Our Social Vitality Goal: 4.3 Encourage health and wellbeing

BACKGROUND Council’s Recreation Needs Study 2005 identified the need to develop a fitness trainer policy. Subsequently a small number of complaints were received from local residents and Precinct Committees, predominantly associated with the issues of noise, impacts on other park users and inappropriate use of parks infrastructure (furniture, signage, garden beds etc) and monuments such as the War Memorial in St Leonards Park. Additionally numerous enquiries have been received from personal trainers enquiring about Council’s procedures for personal trainers wishing to conduct fitness training outdoors, as many local councils and a number of NSW Government agencies (e.g. Centennial Parklands and Royal Botanic Gardens Trust) have such policies and procedures in place. Consequently, staff determined that it would be of benefit for both local residents and fitness trainers, to develop a Code of Conduct, so as to encourage fitness training while addressing negative behaviours that sometimes result from these activities. Council first adopted its Code of Conduct - Outdoor Fitness Training on 28 November 2011. The policy was readopted by Council at its meeting of 18 February 2013 as part of the quadrennial review of Council’s Policy Manual. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and as such did not warrant a detailed assessment. DETAIL The Code of Conduct - Outdoor Fitness Training (Attachment 1) was prepared following consultation with the Sport and Recreation Reference Group (prior to its recess) and external stakeholder feedback. As outlined in Attachment 2 the Code of Conduct recognises the role that personal fitness trainers play in contributing to the development and maintenance of an active and healthy community. The benefits are not just to the individual participants by way of the direct results of improved fitness and well being. What is less recognised is that the activity generated by organised fitness training increases safety and security of parks for all users. Regular use of our parks, often early in the morning and late in the afternoons/early evening by fitness training groups ensures activity at times when many parks may otherwise be empty and attract undesirable activities.

D5-04

CODE OF CONDUCT - OUTDOOR FITNESS TRAINING Page 1 of 4


Policy Owner:

Director Open Space and Environmental Services

Category:

5. Our Civic Leadership

1. STATEMENT OF INTENT

1.1 To eliminate negative behaviour that interferes with the amenity of local residents and other park users.

1.2 To ensure access to and use of public open space is preserved for all members of

the community. 1.3 To protect the public open space and public domain for future community use. 1.4 To provide the opportunity for the community to benefit from, enjoy and engage

in fitness training in a variety of outdoor environments. 2. ELIGIBILITY

2.1 All personal trainers wishing to conduct outdoor fitness training in the North Sydney local government area are required to comply with the Code.

2.2 The following groups are not required to comply with this Code: a) Walking groups; b) Activities of local schools under the supervision of a teacher; and c) Hirers that have a booking with Council and comply with the Terms and

Conditions of Use. 3. DEFINITIONS

3.1 Training times - organised outdoor fitness training is only to occur between the hours of 6.00am and 9.00pm

3.2 Total size of group (including trainers) - is limited to no more than 10 people.

3.3 Sports fields - the actual marked or designated playing surface used for playing

organised sport. While most playing surfaces in North Sydney are turf, other surfaces can include asphalt, acrylic/hard court and synthetic grass.



4. PROVISIONS

4.1 “No Go” Zones The following areas are not to be utilised for outdoor fitness training:

a) Areas of high pedestrian activity e.g. shopping strips, footpaths etc. b) Facilities and areas booked by Council and other user groups for

programs and events e.g. youth programs, corporate events and birthday parties;

c) Within marked designated sports fields on sportsgrounds (unless conducted with an approved booking);

d) Areas where training activities have a negative impact on neighbouring properties and other park users e.g. intrusive noise, aggressive language etc;

e) Within 50m of residential properties before 7am; f) Within 20m of War Memorials, monuments and cemeteries; g) Within 10m of children’s playgrounds; h) Within areas zoned as ‘Bushland’ unless on formed asphalt or concrete

footpaths; i) Areas closed for renovation or upgrading; and j) Park structures and furniture (e.g. buildings, shelters, fountains, walls,

seats, picnic tables, signs, bubblers), trees, plants and garden beds etc must not be used for training.

4.2 “No Go” Activities

The following activities are not to be conducted by personal trainers:

a) Amplified music or amplified audio (voice) equipment, whistles and loud shouting or other intrusive noise-generating activities;

b) Aggressive, intimidating or noisy training activities including military style squad training;

c) Activities necessitating the use of large sized specialist resistance and load bearing training equipment such as bars or benches, logs, tyres, heavy ropes or other large pieces of equipment;

d) The soliciting of funds, sale of merchandise, advertising of goods or services (including use of banners, A-frame signs etc), or distribution of printed materials; and

e) Use of objects that mark out an area to imply exclusive use.

4.3 Fees and Charges

At present Council is not planning to charge Personal Trainers a fee for the use of public open space. However, all personal trainers wishing to conduct outdoor fitness training in the North Sydney local government area are expected to comply with this Code.



4.4 Compliance

Personal trainers are asked to complete the attached declaration and comply with the Code at all times. Signing the declaration signifies a personal trainer’s intent to comply with the Code. All trainers are required to comply with reasonable directions of Council Ranger(s) or other Council Officers in relation to any actual or potential activities undertaken in line with the Code. Personal Trainers will be issued with an item to identify themselves as having signed up to the Code. The item is to be on display during any fitness activity conducted on public open space in North Sydney. It should be noted that committing to the Code and displaying the identifying item does not imply that Council endorses or is liable for, any damage or loss the Trainer may suffer by act, default or neglect of any other person. Nor does it imply that Council has made any assessment of that Trainer’s suitability to supply the training service.

4.5 Non-compliance

Non-complying personal trainers not compliant will be moved on by Council’s Rangers. Continued non-compliance may result in a request to permanently cease the conduct of fitness activities on public open space in North Sydney.

5. RESPONSIBILITY/ACCOUNTABILITY

5.1 Council’s Parks and Reserves Department is responsible for ensuring that personal trainers are aware of their obligations under this Code.

5.2 Council’s Rangers and Parking Services Department will respond to complaints

or instances of non-compliance with this Code. 6. RELATED POLICIES/DOCUMENTS/LEGISLATION

The Policy should be read in conjunction with the following Council policies and documents: Compliance and Enforcement Policy Recreation Needs Study 2005 Sports Facilities Booking Policy

Version Date Approved Approved by Resolution No. Review Date 1 28 November 2011 Council 851 2012/13



2 18 February 2013 Council 61 2016/17

DECISION OF 3592nd

HELD ON 28 NOVEMBER 2011

COUNCIL & COUNCIL (ASSESSMENTS) MEETING

851. OSES01: Outdoor Fitness Training Code of Conduct Report of Kate Bambrick-Browne, Landscape Projects Coordinator, 14 November 2011 The purpose of this report is to seek Council’s endorsement for the adoption and implementation of the North Sydney Outdoor Fitness Training Code. Recommending: THAT Council adopt the North Sydney Outdoor Fitness Training Code. THAT Council allocate $5000 in the 2011/2012 Operational Budget for the implementation and monitoring of the Code of Conduct.

Mr Mitchel addressed the meeting.

RESOLVED: THAT Council adopt the North Sydney Outdoor Fitness Training Code. THAT Council allocate $5000 in the 2011/2012 Operational Budget for the implementation and monitoring of the Code of Conduct. THAT there be a report on the fitness training issues in Brennan Park in 6 months time.

The Motion was moved by Councillor Raymond and seconded by Councillor Marchandeau.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No

McCaffery Y Zimmerman Absent Gibson Y Baker Absent Christie Y Robjohns Y Reymond Y Carland Y Marchandeau Y Burke Absent Raymond Y Pearson Y Barbour Y

ADOPTED

ITEM OSES01 REPORTS 28/11/11

N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Attachments:

1. Outdoor Fitness Training Code of Conduct 2. Feedback on Draft Fitness Code from Precinct Committees

SUBJECT: Outdoor Fitness Training Code of Conduct AUTHOR: Kate Bambrick-Browne, Landscape Projects Coordinator, 14 November 2011 EXECUTIVE SUMMARY: The purpose of this report is to seek Council’s endorsement for the adoption and implementation of the North Sydney Outdoor Fitness Training Code. RECOMMENDATION: THAT Council adopt the North Sydney Outdoor Fitness Training Code. THAT Council allocate $5,000 in the 2011/12 Operational Budget for the implementation and monitoring of the Code of Conduct. Signed: Endorsed by: Director Open Space and Environmental Services

Report of Kate Bambrick-Browne, Landscape Projects Coordinator - 14 November 2011 Re: Outdoor Fitness Trainers Training Code of Conduct

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 4. Our Social Vitality Goal: 4.3 Encourage health and wellbeing BACKGROUND The purpose of this report is to seek Council’s endorsement for the adoption and implementation of the North Sydney Outdoor Fitness Training Code. SUSTAINABILITY STATEMENT The sustainability implications were considered and reported on during the initiation phase of this project. DETAIL Background Council’s Recreation Needs Study (2005) identified the need to liaise with neighbouring Councils to develop a Fitness Trainer policy. However, Council’s Implementation Plan for the Recreation Needs Study prepared in 2006, stated “no action required at this time. Mosman Council has a Fitness Trainer Policy for reference purposes if one is required in the future.” Subsequently, a small number of complaints have been received from local residents and Precinct Committees, predominantly associated with the issues of noise, impacts on other park users and inappropriate use of parks infrastructure, (furniture, signage, garden beds etc) and monuments such as the War Memorial in St Leonards Park. In addition, numerous enquiries have been received from Personal Trainers enquiring about North Sydney Council’s procedures for Personal Trainers wishing to conduct fitness training outdoors, as many Local Councils and a number of NSW Government Agencies (eg. Centennial Parklands and Royal Botanic Gardens Trust) have Outdoor Fitness Training policies and procedures. Consequently, staff determined that it would be of benefit for both local residents and fitness trainers, to develop a Code of Conduct, so as to encourage fitness training while addressing negative behaviours that sometimes result from these activities. The Code of Conduct recognises the role that Personal Fitness trainers play in contributing to the development and maintenance of an active and healthy community. The benefits are not just to the individual participants by way of the direct results of improved fitness and well being. What may be less well recognised is that the activity generated by organised fitness training increases safety and security of parks for all users. Regular use of our parks, often


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early in the morning and late in the afternoons/early evening by fitness training groups ensures activity at times when many parks may otherwise be empty and attract undesirable activities. The process to develop the North Sydney Outdoor Fitness Training Code of Conduct has included:

a) a review of arrangements in neighbouring councils b) consultation with internal stakeholders c) consultation with external stakeholders including Fitness Australia (Fitness industry’s

peak body) and feedback from a small number of personal trainers operating in North Sydney

d) consultation with Precinct Committees (see attached Feedback on Draft Fitness Code from Precinct Committees)

Key Issues addressed by the Code The fundamental objectives for establishing the Code of Conduct are:

a) To eliminate negative behaviour that interferes with the amenity of local residents and other park users.

b) To ensure access to and use of public open space is preserved for all members of the community.

c) To protect the public open space and public domain for future community use. d) To provide the opportunity for the community to benefit from, enjoy and engage in,

fitness training in a variety of outdoor environments. In order to meet these objectives a range of controls are being proposed and these are discussed below. Training Times The Code seeks to ensure that a balance is achieved between the times that participants are likely to undertake training activities and the times that residential properties/residents adjoining parks and areas used for fitness training would reasonably expect limited noise to be made by park users. As many participants in fitness training activities schedule their training for before and after working hours it is considered reasonable that training take place between the hours of 6:00am and 9:00pm year round. However, in order to reduce the impacts on adjoining residential properties, any training activities that generate negative impacts such as noise must be greater than 50m away from residential properties prior to 7:00am. With the nature of the density of development throughout North Sydney the majority of our parks share at least one boundary (if not all boundaries) with residential property. The 50m distance from any residential property therefore removes noise generating activities from smaller parks and open space areas prior to 7:00am. The 7:00am timing is consistent with other timing controls in place across Council for activities that generate noise such as those found in standard DA conditions.


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Group Sizes Group sizes are considered a significant factor in ensuring that fitness training activities do not reduce the amenity of the parks or prevent and/or discourage access to these public areas by other users. A limit has been imposed on group sizes with a restriction to a total of 10 in a group (including instructors/coaches etc). It is acknowledged that the fitness industry recommends group sizes up to 18 may be managed by one trainer however this figure is based on a trainer’s ability to ensure that participants are safely and correctly undertaking the training. This is clearly a different objective to that of the proposed Code which seeks to control an excessive negative impact on other park users either, due to intimidation by sheer numbers or, by amount of noise able to be generated. No -Go Zones While outdoor fitness training is encouraged in North Sydney, the Code recognises that there are a number of areas and facilities where it is simply inappropriate for these activities to occur. This may be due to what that area or facility represent for our broader community (such as war memorials, monuments and cemeteries) or, the damage that fitness training activities may have (such as in Bushland zones and park areas under repair/reconstruction, park furniture, plants and garden beds, etc). It may also be that Fitness training is simply incompatible with another user group such as in children’s playgrounds. In these circumstances the Code imposes distances from these facilities and areas, within which Fitness training may not take place. In addition the Code also recognises that under some circumstances other park users have priority, such as occurs when areas have formal bookings on them by Council and/or other user groups under our Bookings Policy e.g. corporate events, weddings, birthday parties etc. Similarly the Code recognises that some areas already receive a concentrated amount of high impact usage e.g., within the marked and/or designated sports fields - these areas already have extensive controls on their usage and simply cannot accommodate further intensive use. It should be noted that the Code does not prevent use of the surrounds/outskirts of these sportfields. No- Go Activities Fitness training covers a wide range of activities ranging from ones that focus on muscular development and flexibility through to aerobic development. Many of these activities can be conducted compatibly in the many and varied outdoor environments that North Sydney parks, reserves and open spaces offer. However, some fitness training activities are regarded as inappropriate in an outdoor public area and should be restricted to a gym based environment, due to the impact they may have on other park users or park facilities. Consequently the Code also specifies a range of activities that may not be conducted in outdoor areas in the North Sydney area at any time. These include the following:


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• No amplification of music or voices may be used. This is to ensure that noise is only created by the range available to a normal voice;

• Aggressive, intimidating or military style training is not acceptable given the potential to alienate other park users

• No area may be marked out for the training activities so as to ensure that there is no suggestion of exclusivity or ownership over that area

• Sale of merchandise or soliciting of funds or advertising of goods and services are not permitted as these are not considered to be appropriate use of open space areas and in some instances may be an outright breach of the development controls for that area.

Fees In developing the Code, investigations were undertaken into the approach adopted by adjoining Council areas such as Willoughby, Manly and Mosman. These Local Government Areas have adopted a very different approach and are utilizing a Licensing system which imposes annual charges dependent on group sizes and number of sessions held per week. It is considered that at present these sorts of charges are likely to deter at least some people from exercising, as personal trainers will need to pass these costs on to their participants. Local government (like the all levels of government) needs to address the obesity challenge. It should be noted that some Council’s have been heavily criticised by Fitness Australia, the Heart Foundation and participants for their charges on commercial fitness and recreation activities in parks, reserves, beaches and foreshores Given that the Code recognises the value of the service provided in building an active and healthy community it is considered that this currently outweighs any potential financial cost to Council to provide opportunities for outdoor, physical activity. Resources to help people exercise will return broad community health and economic benefits. Ongoing activity in our parks helps to increase the security of all park users. Compliance with the Code of Conduct Personal Fitness Trainers will be expected to complete a declaration indicating their awareness of and compliance with the Code of Conduct. In order to encourage compliance, it proposed that once committed to the Code of Conduct each trainer is issued with an easily recognisable armband or similar item that will allow Rangers and other Council staff to identify them as being aware of and committed to the Code of Conduct. All personal trainers will be expected to comply with reasonable directions of Council’s Rangers. It should be noted that committing to the code and displaying the identifying item does not imply that Council endorses or is liable for, any damage or loss the Trainer may suffer by act, default or neglect of any other person. Nor does it imply that Council has made any assessment of that Trainer’s suitability to supply the training service. Implementation of the Code of Conduct It is proposed that the implementation of the Code of Conduct will include:

• Finalising administration requirements- i.e. Code of Conduct including Declaration,


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design and production of the identifying item such as arm band or small sign to indicate commitment to Code

• Advertisement and media release in local newspaper/s to create awareness with personal trainers and local residents.

• Provide Fitness Australia with a copy of the adopted Code of Conduct. • Random checks of Parks and Reserves to ascertain if Personal Trainers are aware of

and/or complying with the Code of Conduct and displaying the identifying item during a training session

• Analysis of complaints received in the first twelve months, to ascertain if the Code of Conducts needs to be amended.

It is estimated that an amount of approximately $5,000 p.a is required for the supply of branded high visibility arm bands to Personal Trainers signed up to the Code of Conduct and auditing before and after office hours.

North Sydney Council Outdoor Fitness Training Code of Conduct

Introduction The purpose of the North Sydney Council Outdoor Fitness Training Code of Conduct is:

To eliminate negative behaviour that interferes with the amenity of local residents and other park users.

To ensure access to and use of public open space is preserved for all members of the community.

To protect the public open space and public domain for future community use.

To provide the opportunity for the community to benefit from, enjoy and engage in fitness training in a variety of outdoor environments.

The Code 1. Training Times Organised outdoor fitness training is only to occur between the hours of 6am and 9pm . 2. Group size Total size of group (including trainers), is not to be larger than 10 people. 3. Activities or Groups that are not required to comply with this Code of

Conduct include: Walking groups

Activities of local schools under the supervision of a teacher.

Hirers that have a booking with North Sydney Council and comply with the Terms and Conditions of Use.

4. “No Go” Zones

The following areas are not to be utilised for outdoor fitness training.

Areas of high pedestrian activity, e.g. shopping strips, footpaths etc.

Facilities and areas booked by Council and other user groups for programs and events, e.g. youth programs, corporate events and birthday parties.

Within marked designated sports fields on sportsgrounds (unless conducted with an approved booking). Sports fields are defined by North Sydney Council as: “The actual marked or designated playing surface used for playing organised sport. While most playing surfaces in North Sydney are turf, other surfaces can include asphalt, acrylic/hard court and synthetic grass.” (See attached list of sportsgrounds in North Sydney).

Areas where training activities have a negative impact on neighbouring properties and other park users, eg. intrusive noise, aggressive language etc ;

Within 50m of residential properties before 7am;

Within 20m of War Memorials, monuments and cemeteries;

ATTACHMENT TO OSES01 - 28/11/11 Page 7

North Sydney Council Outdoor Fitness Training Code of Conduct Aug 2011

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Within 10m of children’s playgrounds;

Within areas zoned as ‘Bushland’ unless on formed asphalt or concrete footpaths; (see attached list)

Areas closed for renovation or upgrading;

Park structures and furniture (eg buildings, shelters, fountains, walls, seats, picnic tables, signs, bubblers etc) , trees, plants and garden beds etc must not be used for training.

5. “No Go” Activities The following activities are not to be conducted by personal trainers.

Amplified music or amplified audio (voice) equipment, whistles and loud shouting or other intrusive noise-generating activities;

Aggressive, intimidating or noisy training activities including military style squad training;

Activities necessitating the use of large sized specialist resistance and load bearing training equipment such as bars or benches, logs, tyres, heavy ropes or other large pieces of equipment;

The soliciting of funds, sale of merchandise, advertising of goods or services (including use of banners, A-frame signs etc), or distribution of printed materials;

Use of objects that mark out an area to imply exclusive use.

Fees and Charges At the present time North Sydney Council is not planning to charge Personal Trainers an administration fee for the use of public open space. However all personal trainers wishing to conduct outdoor fitness training in the North Sydney Local Government Area are expected to comply with this Code of Conduct.

Compliance with the Code of Conduct Personal trainers are asked to complete the attached declaration and comply with the Code of Conduct at all times. Signing the declaration signifies a personal trainer’s intent to comply with the Code of Conduct. All trainers are required to comply with reasonable directions of Council Ranger(s) or other Council Staff in relation to any actual or potential activities undertaken in line with the Code of Conduct. Personal Trainers will be issued with an item to identify themselves as having signed up to Council’s Code of Conduct. The item is to be on display during any fitness activity conducted on public open space in North Sydney. It should be noted that committing to the Code and displaying the identifying item does not imply that Council endorses or is liable for, any damage or loss the Trainer may suffer by act, default or neglect of any other person. Nor does it imply that Council has made any assessment of that Trainer’s suitability to supply the training service.

Non–compliance with the Code of Conduct Personal Trainers not compliant will be moved on by Council’s Rangers. Continued non-compliance may result in a request to permanently cease the conduct of fitness activities on public open space in North Sydney.


North Sydney Council Outdoor Fitness Training Code of Conduct Aug 2011

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North Sydney Council Outdoor Fitness Training Code of Conduct

Personal Trainers Declaration On signing and returning this Declaration to Council, I have indicated that I have fully read and understood the North Sydney Council Outdoor Fitness Training Code of Conduct and I agree to comply with it. First Name:

Surname:

Business Name:

Mailing Address:

Mobile: Phone:

Email:

Trainers Signature:

Date:

Witness:

Date

(Name & Signature) Please complete details and return in person to:

North Sydney Council Customer Service Centre 200 Miller Street NORTH SYDNEY


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Feedback on Draft Fitness Code from Precinct Committees

Respondent Issue/Comment Proposed Council Action

Neutral Precinct Times - Some parks are extremely close to residential areas. We believe in these parks activities should not be able to commence before 6.30am. Where parks are not as close to residents, the 6am start could be in place. A list of those parks considered as “residentially-close” could be given to the trainers when they receive their item showing they are complying with the code. If it is too hard to have different times, we would request the time be made 6.30am. This is still earlier than is allowed for other noisy activities such as construction (usually 7am).

It is still the intention in the Code to impose operating hours of 6am to 9pm. This allows for programs to be conducted for participants both before and after work.

However, it has been added that personal training is not to occur within 50m of residences before 7am.

Group size - North Sydney Council’s earlier drafts of the code recommended groups no larger than 16. Following a submission by fitness industry groups, this number was increased to 18. We believe this number far exceeds a reasonable size of group and recommend the number be lowered to 12. Larger groups are more likely to overwhelm smaller parks or sections of parks and intimidate other users.

Agreed. For simplicity, it is considered that the group size be 10. It is acknowledged that the fitness industry prefers 18 however the objectives for this number differ. The Code of Conduct aims to reduce the impact of larger groups and minimise the noise generated by a larger group whereas the Fitness industry is aiming to ensure that those undertaking training are able to be appropriately monitored and supervised by one trainer.

Trainers declaration - Recommend insert the words “and comply with” after the words “I have fully read and understand”. It needs to be clear that trainers are agreeing to comply with the code, not simply that they have read it.

Agreed. An additional block cause has been added to the signing block at the end of the Code where the Fitness Trainers are required to confirm that they will comply with the Code.

Fee - NSC does not plan to charge a fee for trainers as Council staff say this would not be cost effective. However, it is assumed that NSC would need to maintain some form of register using the information obtained from the declarations. Such a register could also be used to record payments. We believe a small payment collected at the time of issue of the “item” would mean compliance would be taken more seriously. These people are running their businesses in our public parks, and all businesses must expect to incur overhead costs for premises and facilities

The intention remains not to impose a fee at this time.


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Respondent Issue/Comment Proposed Council Action they use.

Non-compliance - It is not clear how non-compliances are expected to be reported by the public and how effectively the code can be enforced, given the time of day that these activities most commonly occur. Does NSC have advice as to how people should report non-compliances, given they won’t necessarily be able to name the offenders, only describe where they saw them and when?

Any concerned residents can phone Council’s after-hours service and if available, Council’s Rangers can attend.

Anderson Precinct Anderson Precinct Committee would strongly recommend that the Code become mandatory for all fitness trainers wishing to use Council’s facilities and premises. Fitness Trainers in our precinct have long been of concern to residents and the issue of Fitness Trainers is likely to become of greater concern particularly as other Councils around the inner city impose significant fees for the use of their parks. In the event that the Code remains voluntary, Anderson Precinct Committee recommends that Council add an additional clause to the signing block at the end of the Code where the Fitness Trainers are required to confirm that they will comply with the Code.

Commitment to the Code of Conduct is encouraged. An additional block cause has been added to the signing block at the end of the Code where the Fitness Trainers are required to confirm that they will comply with the Code.

We note Council’s comments in relation to the administrative costs associated with the imposition of a fee on Fitness Trainer; nevertheless Anderson Precinct Committee strongly believes that Council should be charging a significant fee for Fitness Trainers using Council parks and open spaces. There are more and more councils around the inner city who are now charging Fitness Trainers as is evidenced in attachment 1. Anderson Precinct Committee is concerned that if Council fails to impose any kind of significant fee then the number of Fitness Trainers from outside the area using the parks and open spaces will increase.

Fitness Trainers operate on a commercial basis and make a profit from using Council premises and residents’ amenities for free. The use of parks and open spaces by Fitness Trainers causes significant wear and tear and Council should be at least recouping funds to cover those expenses rather than expecting rate payers to foot the bill. ‘User pays’ systems are common and



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Respondent Issue/Comment Proposed Council Action therefore would not be an unexpected expense for Fitness Trainers. Rather than a ‘per use’ fee, Council could consider an annual registration fee for each Fitness Trainer. Such a fee could be a fixed fee equal for all Fitness Trainers or else adjustable depending upon the number of weekly training hours or trainers.

The hours permitted under the Code are too long. The Precinct requests that that the hours be shortened to 6am to 8pm. In the alternative, we submit that the hours should be shorter in winter than in summer. With the sun setting earlier and rising later visibility is a real concern for those exercising in outdoor spaces during the winter time.

It is still the intention in the Code to impose operating hours of 6am to 9pm. This allows for programs to be conducted for participants both before and after work.

However, it has been added that personal training is not to occur within 50m of residences before 7am in order to assist with noise control.

Provided that the Council’s final Fitness Code is limiting Fitness Trainers to suitable locations such as sports fields, then group sizes of 18 are appropriate. If Council is going to permit Fitness Trainers to use smaller local parks then the group size needs to be reduced to much less than 18. Anderson Precinct Committee suggests that each park / area is assigned a ‘maximum’ limit of trainees. Fitness Trainers registering with the Council would be provided with this list upon registration and would be required to comply with the limit as part of the Code.

Agreed. For simplicity, it is considered that the group size be 10. It is acknowledged that the fitness industry prefers 18 however the objectives for this number differ. The Code of Conduct aims to reduce the impact of larger groups and minimise the noise generated by a larger group whereas the Fitness industry is aiming to ensure that those undertaking training are able to be appropriately monitored and supervised by one trainer.

Anderson Precinct Committee recommends that Council provides greater clarity around the “No Go” zones, specifically:

High Pedestrian Activity. What is meant by areas of high pedestrian activity? At present the residents of Anderson Precinct have raised concerns about Fitness Trainers conducting their sessions on the footpath outside the Clark Road shops. Whilst the Clark Road shops may not be a high pedestrian area it is nevertheless an area where outdoor training should not be

Agreed. Examples such as footpaths and strip shop locations have been added to the Code of Conduct with regard to “No Go” zones.


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Respondent Issue/Comment Proposed Council Action permitted. Fitness Trainers using the space means that pedestrians need to walk on the road which is very dangerous. Local residents should not have to compete with Fitness Trainers clients in order to go to their local newsagent. In fact, stationery activities on footpaths should be banned.

Not in Marked Designated Sports Fields. Anderson Precinct would like to see Council provide Fitness Trainers with a comprehensive and exhaustive list of those parks and spaces in which they are permitted to conduct outdoor training. Warringa Park should be excluded as a park which fitness trainers are permitted to conduct their training in. Warringa Park is a very valuable space to the local residents, it is the community ‘backyard’ where, morning and night, residents exercise their dogs; during the day local families and children play not only in the playground but across the full park. Fitness Trainers have recently started to use Warringa Park for training sessions meaning that local residents have to contend with the noise and disruption. Considering that Anderson Park across the road is a bigger space with no houses abutting it, it would be a far more suitable park for use by Fitness Trainers.

Agreed. Sportsgrounds are preferred, but not on marked sports fields, as first priority is to hirers and informal sports participants. Outdoor fitness training groups can use open space outside marked sports fields. A list of sportsgrounds will be provided.

Areas that will have a negative impact on neighbouring properties and other park users. Anderson Precinct Committee requests Council to clarify how this element of the Code would be applied. As per point 2 above, Anderson Precinct Committee strongly believes that the Council should provide an exhaustive list of parks and open spaces that are acceptable for Fitness Trainers to use, e.g. Anderson Park, Forsyth Park.

The Code covers issues such as group size, span of hours, “No Go” zones and “No Go” activities. However, it has been added that personal training is not to occur within 50m of residences before 7am. An exhaustive list is not considered necessary.

War Memorials and Monuments. Anderson Precinct Committee would recommend Council provide more information on this point, as we have had residents notifying us of a Fitness Trainer using a grave for the purposes of exercise.

Agreed. Cemeteries have been added, i.e. St Thomas Rest Park.


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Anderson Precinct Committee would like Council to consider including some additional points in the Fitness Code: A limit to the number of groups of Fitness Trainers/ trainees that are permitted in any one park at a time dependent on the size of the park.

Groups are not to be larger than 10 persons.

A liability of indemnity clause so that any damage to Council land or property is borne by the Fitness Trainers.

Agreed. Clause added.

Penalty in the event that the Fitness Trainers fail to adhere to the Code, such as not being permitted to use Council parks for a period of time or pay a fine.

They will be moved on and reported to Fitness Australia.

A clear statement that Fitness Trainers are not permitted to use streets surrounding the parks for the purposes.

No change to Code of Conduct.

Melissa Clare The Code should be mandatory for all fitness trainers wishing to use Council’s facilities and premises. A penalty for failure to comply should be imposed. At least if the Code is mandatory local residents affected by the noise and inconvenience will have a remedy for those Fitness Trainers who fail to comply.

All personal trainers wishing to conduct outdoor fitness training in the North Sydney Local Government Area, are required to comply with the Code of Conduct.

Whilst I understand Council’s concerns in relation to the administrative costs associated with the imposition of a fee on Fitness Trainers, many councils around the inner city are charging Fitness Trainers and therefore Council should be charging a significant fee for using Council parks and open spaces. If Council fails to impose any kind of significant fee then the number of Fitness Trainers from outside the area using the parks and open spaces will increase, I have seen this happen in the Sydney City Council Area. When working around The Rocks area, I used to visit Observatory Hill regularly at lunch time and when I first started the park was empty most days except for a few tourists and office workers. Then the surrounding councils


Personal training is not to occur within 50m of residential properties before 7am.


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Respondent Issue/Comment Proposed Council Action began to impose a fee on the Fitness Trainers and so they moved to those parks which were still free, including Observatory Hill. This then meant that lunchtimes were spent fighting for space in the park as the number of fitness groups went from none to four or five. Fitness Trainers make a profit from using Council premises and residents amenities for free. The use of parks and open spaces by Fitness Trainers causes significant wear it should not be the responsibility of the residents through our rates to fix up or repair damage caused by for profit businesses using Council’s parks and open spaces. The hours should be prescribed for each open space or location to reflect the position of the park. For example, if the park is surrounded by houses then the space should not be able to be used until after 8am. In addition, Council should consider changing the times permitted depending on whether it is winter or summer.

Group size, as per hours, should be determined based on the park. 18 people in a large park such as Anderson Park or Forsyth Park would be fine, but in the smaller parks this would effectively mean that residents would be competing for space with the Fitness Trainers. Also Council should consider specifying how many fitness groups may train in the area at the one time

Groups are not to be larger than 10 persons.

Council should be prohibiting Fitness Trainers from using any footpaths or other paved areas near shops. It’s is quite often that we’ve had to walk on the road outside the Clark Road shops, or made to feel as though we are inconveniencing fitness groups all because they are using the footpath to conduct their training sessions. It’s dangerous to have to walk on the road, and residents should be able to walk to their local shops without having to dodge skipping ropes.

Agreed. Examples such as footpaths and strip shop locations have been added to the Code of Conduct, with regard to “No Go” zones.


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Willoughby Bay Precinct

Precinct endorses the Draft Fitness Code for North Sydney Noted.

Stanton Precinct Compliance will only be achieved through mandatory regulation with heavy fines for noncompliance.

First step is a Code of Conduct. It will be monitored and evaluated and amended in the future if required.

The Precinct advises that Rangers have been seen to be told by fitness trainers that Rangers have no authority to stop any trainer from damaging park, trees and associated equipment.

The Code requires personal trainers to comply with reasonable directions of Council Ranger(s).


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